Employer of Record in Burkina Faso

An Employer of Record (EOR) in Burkina Faso helps you hire employees in the country without setting up your own local entity. It's a straightforward way to build a team in a new market. The EOR becomes the legal employer for your staff, handling all the complex HR tasks that come with local labor laws. This means you can focus on managing your team's day-to-day work and growing your business. For companies like Rivermate, the goal is to make global hiring simple and compliant.

How an Employer of Record (EOR) Works in Burkina Faso

Using an EOR simplifies your expansion into Burkina Faso. The process is designed to be efficient, getting your team onboarded and working as quickly as possible.

Here is how it works:

1. You Find the Talent: You identify the candidate you want to hire in Burkina Faso.
2. The EOR Hires Them: The EOR legally hires the employee on your behalf through a compliant local employment contract. This contract respects all rules in the Burkina Faso Labor Code (you can find the official text at the Ministère de la Justice website: https://www.justice.gov.bf/textes-de-lois-et-reglements).
3. Onboarding Begins: The EOR manages the entire onboarding process, including collecting necessary documents and setting up payroll.
4. HR and Payroll are Managed: The EOR handles all payroll, taxes, and social security contributions. This includes withholding income tax and contributing to the National Social Security Fund (CNSS).
5. You Manage Your Team: While the EOR handles the legal and administrative side, you manage your employee's daily tasks, projects, and performance.

Why use an Employer of Record in Burkina Faso

Using an EOR in Burkina Faso offers a practical solution for companies that want to hire talent without the bureaucratic hurdles of setting up a legal entity. It saves you time and reduces risk, allowing you to test a new market with less commitment.

Here are some key benefits:

• Avoids Establishing a Legal Entity: You can hire employees without the time and expense of registering a local company.
• Ensures Full Compliance: The EOR stays on top of Burkina Faso's labor laws, which can be complex. This protects you from legal risks related to employment contracts, termination rules, and benefits.
• Simplifies Payroll and Taxes: An EOR manages all payroll deductions, including income tax and social security contributions, ensuring your employees are paid correctly and on time.
• Speeds Up Market Entry: You can onboard new hires in a fraction of the time it would take to set up your own entity, allowing you to start operations much faster.
• Provides Local Expertise: You gain access to local HR experts who understand the specific requirements and cultural nuances of the Burkinabe workforce.

Rivermate's transparent pricing model eliminates complexity with a single, competitive monthly fee per employee. Unlike traditional PEO providers, our pricing in Burkina Faso includes comprehensive HR support, benefits administration, compliance management, and access to our proprietary dashboard for real-time workforce analytics. No hidden costs, no setup fees—just straightforward pricing that scales with your business needs while ensuring full legal compliance in Burkina Faso.

Hiring in Burkina Faso requires a good understanding of the local labor laws. The country's workforce is growing, and with a resilient economy, it presents opportunities for businesses looking to expand. French is the official language, so you'll need to conduct business and draw up documents in French.

Employment contracts & must-have clauses

In Burkina Faso, you can have either written or verbal employment agreements. However, it's always better to have a written contract. For fixed-term contracts and agreements with probationary periods, a written contract is mandatory.

There are two main types of employment contracts:

• Fixed-Term Contracts (Contrat à Durée Déterminée - CDD): These contracts have a specific end date and must be in writing. For local employees, the maximum duration is two years, while for foreign workers, it can be up to three years.
• Indefinite-Term Contracts (Contrat à Durée Indéterminée - CDI): These are the standard for permanent positions and don't have a set end date.

Your employment contracts should always include the following:

• Names and addresses of both you and the employee
• Job title and a description of duties
• Start date of employment
• Place of work
• Working hours
• Salary and any other compensation in West African CFA francs
• Details about probation and termination
• Entitlement to paid leave

Probation periods

Probationary periods in Burkina Faso allow you and the employee to see if you're a good fit. These periods must be in writing. The maximum length of a probationary period depends on the employee's role:

Source: International Labour Organization

A probationary period can be renewed once for the same duration.

Working hours & overtime

The standard work week in Burkina Faso is 40 hours, typically spread over five 8-hour days. Any work done beyond these 40 hours is considered overtime.

Overtime pay rates vary but are generally higher than the standard hourly wage. For example, overtime work is often compensated at 1.5 times the normal rate. If an employee works on a rest day or a public holiday, the pay rate can double.

Public & regional holidays

Your employees in Burkina Faso are entitled to paid time off for public holidays. The country celebrates a number of national holidays each year. Some of these have fixed dates, while others are based on lunar cycles and change annually.

Here are some of the key public holidays:

• New Year's Day (January 1)
• Anniversary of the 1966 Coup (January 3)
• International Women's Day (March 8)
• Easter Monday
• Labour Day (May 1)
• Ascension Day
• Revolution Day (August 4)
• Independence Day (August 5)
• Assumption Day (August 15)
• All Saints' Day (November 1)
• Proclamation of the Republic (December 11)
• Christmas Day (December 25)

Hiring contractors in Burkina Faso

You can hire independent contractors in Burkina Faso without setting up a local entity. This can be a flexible and cost-effective way to access specialized skills. However, you need to be careful about how you classify your workers.

An independent contractor is self-employed and operates under civil or commercial law, not the Labor Code. They should have control over their own work and schedule. If you treat a contractor like an employee, you risk misclassification.

Misclassifying an employee as an independent contractor can lead to serious consequences, including:

• Fines and penalties
• Back payment of wages and overtime
• Liability for unpaid taxes and social security contributions

An Employer of Record (EOR) can help you avoid these risks. An EOR legally employs workers on your behalf, ensuring compliance with all local labor laws. This way, you can build your team in Burkina Faso without the complexities of navigating foreign employment regulations on your own.

Understanding compensation and payroll in Burkina Faso is key to successfully employing workers in the country. You need to know the local laws for taxes, social security, and benefits to make sure you pay your employees correctly and on time. This involves understanding the different types of compensation, required contributions, and how the payroll process works.

Payroll cycles & wage structure

In Burkina Faso, the payroll cycle is typically monthly. You'll pay your employees once a month, usually at the end of the month.

Beyond the base salary, it's common for employees in Burkina Faso to receive other allowances and bonuses. These can include:

• Transport allowance: To cover commuting costs.
• Housing allowance: Sometimes offered, especially for expatriate employees.
• Meal allowance: To help with daily food expenses.
• Performance bonuses: Based on individual or company performance.

Many employers also provide a 13th-month salary, which is a bonus typically paid at the end of the year.

Overtime & minimums

The standard work week in Burkina Faso is 40 hours. Any hours worked beyond this are considered overtime and must be paid at a higher rate. The overtime rates are:

• 15% for the first 8 hours over 40 hours.
• 35% for hours worked beyond 48 hours.
• 50% for hours worked at night on regular days.
• 60% for hours worked on Sundays and holidays.
• 120% for hours worked at night on Sundays and holidays.

As of July 1, 2023, the national minimum wage is 45,000 West African CFA francs (XOF) per month for most workers.

Employer taxes and contributions

As an employer in Burkina Faso, you are responsible for making social security contributions on behalf of your employees.

Employee taxes and deductions

Employees in Burkina Faso are subject to income tax and social security contributions, which are deducted from their gross salary.

The income tax rates are progressive:

In Burkina Faso, providing the right benefits and leave is key to attracting and keeping great talent. It’s not just about what’s required by law. Offering a competitive package shows your team you value them. This builds loyalty and a positive work environment. Let's break down what you need to know.

Statutory leave

Here are the types of leave you must provide by law.

• Annual Leave After one year of service, employees get a minimum of 22 paid days off. This increases to 24 days after 20 years of service.
• Maternity Leave Expecting mothers are entitled to 14 weeks of paid maternity leave. This can be extended by three weeks in case of complications. Social security and the employer share the cost of this leave.
• Paternity Leave While not mandated by the labor code, some employers offer paid leave for new fathers. Non-birthing parents generally receive 20 days of leave for home life events.
• Sick Leave Employees are entitled to paid sick leave. For the first 14 days, the employer covers the cost. After that, social security may provide benefits. A medical certificate is often required.
• Family Event Leave The labor code provides for special paid leave for certain family events.

Public holidays & regional holidays

Your employees are entitled to paid time off for public holidays. If they have to work, they must receive extra pay.

Typical supplemental benefits

To stand out, many companies offer more than the legal minimum.

How an EOR can help with setting up benefits

Setting up a benefits plan in a new country is complex. An Employer of Record (EOR) makes it simple.

An EOR already has a legal entity in Burkina Faso. This means you don't have to go through the lengthy process of setting one up yourself. We handle all the administrative tasks of hiring and managing benefits.

We ensure you comply with all local labor laws. This includes everything from minimum wage to paid leave and social security contributions. An EOR stays up-to-date on any changes in the law so you don't have to.

With an EOR, you can offer competitive benefits packages from day one. We can advise on what supplemental benefits are common in your industry to help you attract the best talent. This allows you to focus on growing your business, knowing your team is taken care of.

Ending an employment relationship in Burkina Faso requires careful attention to local labor laws. You need to follow specific rules for things like notice periods and final payments. The process is designed to be fair to both you and your employee. Getting it right helps you avoid legal trouble and protects your business. Properly managing the exit process is a key part of compliant operations in the country.

Notice periods

When you end an employment contract in Burkina Faso, you must provide a written notice period. The length of this notice depends on the employee's job category and how long they have worked for you.

Here are the general minimum notice periods:

The notice period starts the day after the employee receives the written notification. During this time, employees are allowed paid time off to look for a new job. If the termination is due to serious misconduct, you can end the contract immediately without a notice period.

Severance pay

Employees are usually entitled to severance pay when their contract is terminated by the employer. The main exception is in cases of serious misconduct. The amount of severance pay is based on the employee's length of service and their average salary. To avoid disputes, you must calculate and pay all final dues correctly. This includes any outstanding wages and accrued leave, along with the severance payment.

How Rivermate handles compliant exits

Navigating employee terminations in a different country can be complex. We make sure the whole process is handled correctly and in compliance with Burkina Faso's labor code.

Here’s how we help you manage employee exits:

• Clear Documentation: We prepare and provide all necessary documents, including the termination letter. We make sure the reasons for the termination are clearly and lawfully stated.
• Correct Calculations: We calculate all final payments, including notice pay, outstanding salary, and legally required severance. This ensures your departing employees receive everything they are entitled to.
• Compliance Checks: Our local legal experts review every step of the termination process. This protects you from potential legal challenges and disputes.
• Smooth Offboarding: We manage the entire offboarding process, making it a clear and respectful experience for both you and the employee.

Getting the right visas and work permits in Burkina Faso is straightforward when you know the process. If you plan to hire someone for more than 90 days, they will need a long-stay visa to enter the country. Once they arrive, they must apply for a work permit and a residence permit. The employer plays a big part in this, helping with the application and providing the necessary documents. For shorter trips, like for business meetings, a short-stay visa is usually all that is needed.

Employment visas & sponsorship realities

An Employer of Record (EOR) can sponsor work permits for your employees in Burkina Faso. This means you don't need to set up your own legal entity in the country. The EOR acts as the legal employer, handling all the necessary paperwork and ensuring everything complies with local labor laws.

Here’s what an EOR typically handles:

• Sponsorship: An EOR provides the required local sponsorship for work permit applications.
• Compliance: They ensure that employment contracts and practices meet Burkina Faso's legal standards.
• Payroll and Taxes: The EOR manages all payroll, tax, and social security contributions for your employees.

However, there are some practical points to remember:

• Local Justification: For a work permit to be approved, the employer often needs to show that the role cannot be filled by a local candidate.
• Employee-Specific: Work permits are tied to the sponsoring employer. If the employee leaves the job, the permit is no longer valid.
• No Contractors: EORs can sponsor employees, but not independent contractors. Contractors must handle their own tax and legal obligations.

The most common path for hiring foreign talent is through a long-stay visa, followed by a work permit application sponsored by a legally registered entity, like an EOR.

Business travel compliance

Burkina Faso does not have a specific visa class for business. If you or your employees need to visit for short-term business activities, you will use a short-stay visa, which is valid for up to 90 days. This visa allows for activities like:

• Attending meetings and conferences
• Conducting negotiations
• Visiting business partners

To get a short-stay visa for business purposes, you will generally need to provide these documents:

It is important that you do not perform work that would require a local employment contract while on a short-stay visa. For any work-related activities beyond simple business meetings, a full work permit is necessary.