No statutory provisions were found in the examined legislation in this respect.

→ Section 3 LC indicates that: Civil servants, magistrates, military personnel, local government employees, and any worker governed by a specific law are not subject to the provisions of the Labour Code.

Fixed-term contracts (contrats à durée déterminée or CDD) are regulated under sections 49 to 61 of the Labour Code 2008.
A fixed-term employment contract is a contract whose end date is specified in advance by mutual agreement of both parties.
→ Section 49 LC indicates that: The following are considered equivalent to a fixed-term employment contract:
1) an employment contract concluded for the execution of a specific task or the completion of a project whose duration cannot be precisely estimated in advance;
2) an employment contract whose end date is contingent upon the occurrence of a future and certain event whose exact date is not known.
→ Section 50 LC stipulates that: A seasonal employment contract is a fixed-term employment contract by which the worker engages their services for the duration of an agricultural, commercial, industrial, or artisanal season, the end of which is beyond the control of the parties. (...).
A seasonal employment contract that continues beyond the season becomes a permanent employment contract.

→ Under Sections 49 and 50 of the LC, fixed-term contracts are an exception. They cannot be used for permanent, ongoing jobs in the company. They are only permitted for the execution of a specific, temporary task, including but not limited to:
▻ Replacement of a temporarily absent worker
▻ Temporary increase in activity
▻ Seasonal work
▻ Short-term tasks
▻ Specific projects or tasks with a defined end
▻ Training or apprenticeship contracts
▷ Prohibited uses:
→ Under Section 59 of the LC, it is prohibited:
▻ To permanently replace a worker whose contract is suspended due to a collective labour dispute (e.g., strike).
▻ For particularly dangerous work (unless expressly authorised by the Labour Inspector).

→ Section 52 LC indicates that the fixed-term employment contract is renewable without limitation except in cases of abuse, which are left to the discretion of the competent court.

▷ No specified limitation concerning the maximum cumulative duration.
→ However, under Section 54 of the LC, if the competent court finds that the number of successive FTCs is excessive, the contract is deemed to have indefinite duration, except in the specific situations enumerated under Section 53 of the LC.
▷ Note that under Section 54 of the LC, a single fixed-term contract can not be concluded for more than 24 months for national workers and 36 months for foreign workers.

→ Section 42 LC. The probationary period varies according to the category of workers. It amounts to:
▻ 8 days for workers paid on an hourly or daily basis;
▻ 3 months for executives, technicians and similar positions;
▻ 1 month for the other workers.
It can be renewed once.
▷ Note: The reference to 6 months above corresponds to the probationary period for executives, technicians (3 months), renewed once.

Under Burkina Faso's current Labour Code (Loi n° 028-2008/AN of 13 May 2008, still in force as of December 2025), protection against unjustified or arbitrary dismissal applies to all "workers" as defined in the Code.
→ Section 2 of the LC defines a worker broadly as any person who performs professional activity for remuneration under the direction and authority of an employer, irrespective of the legal status of the employer or employee.
The Code applies to all workers and employers operating in the private sector. Therefore, employees meeting the definition of "worker" (including those on fixed-term or indefinite contracts) are not excluded from protection against unjustified dismissal.
→ However, note must be taken of categories of workers excluded from the scope of application of the Labour code under Section 3 (e.g. Civil servants, magistrates, military personnel, local government employees, and any worker governed by a specific law).

▷ Discrimination
→ Section 4 LC indicates that: All discrimination in employment and occupation is prohibited.
Discrimination means:
1) any distinction, exclusion, or preference based on race, colour, sex, religion, political opinion, disability, pregnancy, national origin, or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation;
2) any other distinction, exclusion, or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.
▷ Prohibited grounds
→ Section 71 LC stipulates that: For the purposes of this law, a dismissal without legitimate grounds is considered abusive. Dismissals in particular are considered abusive in the following cases:
1) when the stated reason is inaccurate;
2) when the dismissal is based on the worker's opinions, union activity, union membership or non-membership, or actual or perceived HIV status;
3) when the dismissal is based on the worker's pregnancy or the birth of her child;
4) when the dismissal is based on the worker seeking, holding, or having held a mandate to represent workers;
5) when the dismissal is motivated by the filing of a complaint by the employee or any legal action against the employer and/or administrative authorities;
6) when the dismissal is based on the discrimination stipulated in Section 4 and/or motivated by the employee's marital status or family responsibilities.
▷ Pregnancy, maternity leave
→ Under Section 147 of the LC, an employer cannot dismiss a woman on maternity leave. Furthermore, even with her consent, the employer cannot re-employ her within six weeks of giving birth. Any agreement to the contrary is null and void.
▷ Trade union membership or activities
→ Section 286 LC provides that: It is forbidden for any employer to take into consideration a worker's membership or non-membership in a trade union, the exercise of trade union activity, in particular, for hiring, the management and allocation of work, vocational training, promotion, remuneration and the granting of social benefits, disciplinary measures and dismissal of a worker.

▷ Pregnancy, maternity leave
→ Section 147 LC stipulates that: An employer cannot dismiss a woman on maternity leave. Furthermore, even with her consent, the employer cannot re-employ her within six weeks of giving birth. Any agreement to the contrary is null and void.
▷ Trade union membership or activities
→ Section 103 LC stipulates that: Staff representatives and union representatives can only be dismissed if their job is eliminated and after prior authorization from the relevant labour inspector.
→ Section 282 LC states that: Members in charge of the administration or management of a trade union benefit from the protection granted to staff representatives against dismissals and arbitrary transfers.
→ Section 286 indicates that: It is forbidden for any employer to take into consideration a worker's membership or non-membership in a trade union, the exercise of trade union activity, in particular, for hiring, the management and allocation of work, vocational training, promotion, remuneration and the granting of social benefits, disciplinary measures and dismissal of a worker.

→ Section 65 LC indicates that: The termination of a permanent employment contract is subject to a notice period given in writing by the party initiating the termination.
This notice period, which is not subject to any suspensive or resolutory conditions, begins to run from the date the notification is delivered.
The reason for the termination must be stated in the notification.

→ Under Section 66 of the LC and Section 30 of the Inter-occupational Collective Agreement: The notice period varies according to the category of workers, as follows:
▶ Labour Code
→ Section 66 LC indicates that: The notice period is set at:
1) eight days for workers whose wages are fixed by the hour or day;
2) one month for employees other than managers, supervisors, technicians and equivalent positions;
3) three months for managers, supervisors, technicians and equivalent positions.
▶ Inter-occupational Collective Agreement of July 1974
→ Section 30 of the Collective Agreement provides for the duration and procedure of the notice period: The maximum notice period is set as follows for the various categories of workers:
- non-monthly salaried workers: 8 days;
- monthly salaried workers: 1 month;
- supervisors and technicians: 3 months;
- engineers, senior managers and equivalent positions: 3 months.

→ Section 98 Code du travail: Dismissal for economic reasons is a dismissal carried out by an employer for one or more reasons not related to the person of the worker and resulting from an elimination, a transformation of employment or a substantial modification of the employment contract following economic difficulties, technological changes or internal restructuring. Any economic dismissal affecting more than one employee is subject to specific requirements.

→ Section 99 LC states that: An employer considering the dismissal of more than one employee for economic reasons must consult with employee representatives and explore all possible solutions to maintain employment. These solutions may include: reduced working hours, shift work, part-time work, temporary layoffs, redeployment of staff, adjustments to bonuses, allowances, and benefits of any kind, or even salary reductions.
The employer is required to provide employee representatives with the information and documents necessary for internal negotiations, which must not exceed eight days.
Following internal negotiations, if an agreement is reached, a memorandum of understanding specifying the agreed measures and their period of validity is signed by the parties and sent to the labour inspector for information.
→ Section 101 LC provides that: When the negotiations provided for in Section 99 above have not resulted in an agreement, or if, despite the measures envisaged, certain dismissals prove necessary, the employer shall draw up a list of the workers to be dismissed, along with the criteria used, and communicate this list in writing to the employee representatives. The latter shall have a maximum of eight clear days to submit their observations.

→ Section 102 LC indicates that: The employer's communication and the response from the staff representatives are forwarded without delay by the employer to the labour inspector for any action he deems necessary to be taken within eight days of the date of receipt; after this period, and unless the parties agree otherwise, the employer is no longer required to postpone the implementation of his dismissal decision.

→ Section 99 LC indicates that: An employer considering the dismissal of more than one employee for economic reasons must consult with employee representatives and explore all possible solutions to maintain employment. These solutions may include: reduced working hours, shift work, part-time work, temporary layoffs, redeployment of staff, adjustments to bonuses, allowances, and benefits of any kind, or even salary reductions.
The employer is required to provide employee representatives with the information and documents necessary for internal negotiations, which must not exceed eight days.
Following internal negotiations, if an agreement is reached, a memorandum of understanding specifying the agreed measures and their period of validity is signed by the parties and sent to the labour inspector for information.
→ Section 101 LC provides that: When the negotiations provided for in Section 99 above have not resulted in an agreement, or if, despite the measures envisaged, certain dismissals prove necessary, the employer shall draw up a list of the workers to be dismissed, along with the criteria used, and communicate this list in writing to the employee representatives. The latter shall have a maximum of eight clear days to submit their observations.

No statutory provisions were found in the examined legislation in this respect.

No statutory provisions were found in the examined legislation in this respect.

→ Section 101 LC states that: When the negotiations provided for in Section 99 above have not resulted in an agreement, or if, despite the measures envisaged, certain dismissals prove necessary, the employer shall draw up a list of the workers to be dismissed, along with the criteria used, and communicate this list in writing to the employee representatives. The latter shall have a maximum of eight clear days to submit their observations.
Note should be taken that the reference is made to the "criteria used" as one of the elements to be transmitted to the workers' representatives for consultation; however, no criteria are listed in the LC.

▶ Labour Code
→ Section 104 LC does not refer to any priority right to re-employment as such, but stipulates that: if the economic situation of the enterprise improves, dismissed workers can be re-employed provided they fulfil the requirements for the positions.
▶ Inter-occupational Collective Agreement of July 1974
→ However, Section 34 of the Inter-occupational Collective Agreement expressly establishes a priority right for re-employment, indicating that: If, due to a decrease in the establishment's activity leading to the cases of internal reorganisation, the employer is required to carry out collective dismissals; they shall establish the order of dismissals, taking into account the professional qualifications, seniority in the establishment, and family responsibilities of the workers.
Employees with the least professional skills will be dismissed first, for positions that are maintained, and in the event of equal professional skills, those with the least seniority, seniority being increased by one year for married employees and by one year for each dependent child in accordance with the regulations governing family benefits.
The employer shall consult with the staff representatives on this matter and notify the competent authorities of the dismissal measures they are considering at least three months before issuing the dismissal notices. Workers thus dismissed have priority for rehiring for two years.

→ Section 99 LC indicates that: An employer considering the dismissal of more than one employee for economic reasons must consult with employee representatives and explore all possible solutions to maintain employment. These solutions may include: reduced working hours, shift work, part-time work, temporary layoffs, redeployment of staff, adjustments to bonuses, allowances, and benefits of any kind, or even salary reductions.
The employer is required to provide employee representatives with the information and documents necessary for internal negotiations, which must not exceed eight days.
Following internal negotiations, if an agreement is reached, a memorandum of understanding specifying the agreed measures and their period of validity is signed by the parties and sent to the labour inspector for information.

▶ No provision in the Labour Code. However, under the Collective Agreement, a worker is entitled to severance pay provided he has been employed continuously for at least one year and has not committed any serious misconduct.
▶ Inter-occupational Collective Agreement:
→ Section 35 of the LC provides that: In the event of dismissal by the employer, the worker, having completed in the company a period of continuous service at least equal to the reference period entitling them to leave, as set by the regulations in force, has entitlement to severance pay separate from the notice period.
Employees are eligible for severance pay after reaching the required length of service following several periods of employment with the same company, provided their previous departures were due to downsizing or job elimination.
In this case, the amount of severance pay is determined after deducting any sums that may have been paid for this purpose during previous dismissals. This severance pay is represented, for each year of service with the company, by a specific percentage of the average total monthly salary for the six months of employment preceding the date of dismissal. Total salary includes all benefits that constitute compensation for work, excluding reimbursements of expenses. The percentage is set at:
- 25% for the first five years;
- 30% for the period from the 6th to the 10th year inclusive;
- 40% for the period extending beyond the 10th year.
▻ In the calculation based on the above, fractions of a year must be taken into account.
▻ Severance pay is not due:
- In the event of termination of the employment contract resulting from serious misconduct by the employee;
- When the employee permanently ceases their service to begin receiving their statutory retirement benefits.
However, in this case, they will be paid a special allowance known as a "retirement allowance."
This allowance is calculated on the same basis and according to the same rules as severance pay.
The rate and calculation methods for severance pay and retirement allowance for expatriate employees are determined by the individual employment contract.

Same as severance pay: dismissals for economic reasons are covered under Section 35 of the Inter-occupational Collective Agreement.