Burkina Faso

In Burkina Faso, termination of employment must be based on valid reasons as outlined in the Burkina Faso Labor Code. Lawful grounds for dismissal include economic reasons such as financial difficulties, restructuring, technological changes, or the cessation of the company's activities. Serious misconduct such as willful misconduct or negligence, theft, fraud, sabotage, refusal to comply with lawful orders, violence or harassment in the workplace also constitute valid grounds. Incapacity due to prolonged illness or injury rendering the employee unable to perform their duties or lack of professional competence are also considered lawful grounds for dismissal.

Notice Requirements

Burkina Faso law mandates specific notice periods for termination, which vary depending on the employment category. Hourly or daily workers require 8 days' notice, monthly salaried employees require 1 month's notice, and executives, supervisors, technicians, and similar staff require 3 months' notice.

Severance Pay

Employees dismissed for reasons other than serious misconduct are entitled to severance pay. The amount is calculated based on the employee's length of service and salary. For service of 5 years or less, it's 25% of one month's salary for each year of service. For service of 6 to 10 years, it's 30% of one month's salary for each year of service. For service of over 10 years, it's 40% of one month's salary for each year of service.

Important Considerations

In some cases, such as economic-based dismissals, an employer might need prior approval from the Labor Inspector. Employers planning mass dismissals have additional obligations under Burkina Faso law.

In Burkina Faso, anti-discrimination laws protect individuals from discrimination based on race, color, national origin, sex, gender, religion, political opinion, disability, and pregnancy. The Constitution of Burkina Faso and the Labor Code are the primary legal documents that uphold these protections. Sexual harassment is explicitly prohibited in workplaces, and the law mandates maternity leave.

Redress Mechanisms

Individuals who believe they have been victims of discrimination have several avenues for redress. These include internal company procedures, labor inspectorates, courts, and the National Human Rights Commission (Commission Nationale des Droits Humains). The Labour Code outlines procedures for litigation in discrimination cases.

Employer Responsibilities

Employers in Burkina Faso have responsibilities to combat discrimination in the workplace. They are advised to develop and implement a comprehensive non-discrimination policy that covers all protected characteristics. This policy should be effectively communicated to all employees. Employers must also take measures to prevent and address sexual harassment and other forms of discriminatory harassment in the workplace. This includes creating awareness and establishing clear reporting mechanisms.

Employers should provide reasonable accommodations for individuals with disabilities to facilitate their full participation in the workplace. They must also conduct training and awareness programs for employees about discrimination laws and how to create a respectful, inclusive workplace.

Despite these protections, enforcement of anti-discrimination laws in Burkina Faso can face challenges, including limited resources and awareness. Therefore, it's essential for both employers and employees to proactively uphold their rights and responsibilities, contributing to a more equitable working environment in the country.

Burkina Faso's Labor Code establishes the national standards for working conditions, including work hours, rest periods, and ergonomic requirements.

Work Hours

The maximum legal workweek in Burkina Faso is 40 hours, averaged over a three-month period. This allows for some flexibility in scheduling within the quarterly limit. Overtime work is permitted, with limitations. Overtime pay must be higher than regular wages.

Rest Periods

Workers are entitled to a minimum daily rest period of 12 consecutive hours between workdays. All workers must receive a weekly rest period of at least one full day, typically Sunday. Burkina Faso mandates various types of leave, including paid annual leave, sick leave, and maternity leave. Specific details regarding leave entitlements are outlined in the Labor Code.

Ergonomic Requirements

While Burkina Faso's Labor Code doesn't explicitly mention ergonomic requirements, it does address the general obligation of employers to ensure the health and safety of their workers. This can be interpreted to include providing a safe working environment that minimizes ergonomic risks.

Additional considerations include specific regulations for certain industries or work types that may exist, potentially outlining more detailed ergonomic requirements. Consulting with the Ministry of Labor or relevant professional organizations can provide further guidance on best practices for workplace ergonomics.

In Burkina Faso, the well-being of workers is prioritized through a comprehensive framework of health and safety regulations. These regulations detail the obligations of employers, the rights of employees, and the role of enforcement agencies in ensuring a safe work environment.

Employer Obligations

Under Burkina Faso law, employers are required to uphold several health and safety measures. These obligations include:

• Providing a Safe Work Environment: Employers must ensure the workplace is safe from hazards such as extreme temperatures, poor ventilation, and malfunctioning equipment.
• Implementing Preventive Measures: Employers are required to establish protocols to identify and address potential risks before accidents or illnesses occur.
• Offering Personal Protective Equipment (PPE): Employers are responsible for providing and ensuring the proper use of PPE, such as goggles, masks, or safety boots, depending on the specific risks associated with the job.
• Maintaining Hygiene and Sanitation: The workplace must have adequate sanitation facilities and promote hygiene practices to prevent the spread of diseases.
• Work Hours Limitations: Burkina Faso regulates work hours depending on the sector. For example, the standard workweek is 48 hours, but some professions may have extended or reduced hours.
• Medical Monitoring: Depending on the industry and potential health risks involved, employers may be required to facilitate health surveillance programs.

Employee Rights

Employees in Burkina Faso have the right to a safe and healthy work environment. This includes the right to:

• Be Informed of Risks: Employees must be informed about potential hazards associated with their job and receive proper training on safety procedures.
• Refuse Unsafe Work: Employees have the right to refuse work they believe poses a serious threat to their health or safety.
• Report Unsafe Conditions: Employees can report unsafe workplaces or practices to the relevant authorities without fear of retaliation.

Enforcement Agencies

The Public Social Welfare Institution (IPSB) is the primary agency responsible for enforcing health and safety regulations in Burkina Faso. The duties of the IPSB include:

• Developing and Implementing Safety Programs: The IPSB creates and enforces preventative measures to minimize workplace accidents and illnesses.
• Monitoring Workplace Practices: The IPSB conducts inspections to ensure employers comply with health and safety regulations.
• Educating Workers and Employers: The IPSB promotes awareness and understanding of health and safety rights and obligations through information campaigns and training programs.