Burkina Faso

In Burkina Faso, the Labour Code outlines the required notice periods for terminating employment contracts. These periods vary depending on the employee's position.

Notice Period Variations Based on Employee Category

According to Article 66 of the Labour Code, the notice periods are as follows:

• Hourly or Daily Wage Earners: A notice period of eight days is required.
• Regular Employees (excluding executives, supervisors, technicians): A notice period of one month is necessary.
• Executives, Supervisors, Technicians, and Similar Staff: A longer notice period of three months is required.

Group Dismissals

For mass layoffs or group dismissals, a minimum notice period of 30 days must be given to all affected employees, as per Article 85 of the Labour Code.

Obligations During Notice Period

Article 67 of the Labour Code outlines the obligations of both the employer and employee during the notice period:

• Employer Obligations: The employer is required to continue fulfilling their obligations as per the employment contract, including salary payments.
• Employee Obligations: The employee is expected to continue performing their duties diligently until the termination date.

Key Points to Remember

• The notice period serves as a buffer to allow for a smooth handover of responsibilities and for the employee to seek new employment.
• The notice must be delivered in writing and clearly state the termination date, as per Article 66 of the Burkina Faso Labour Code.
• Non-compliance with the stipulated notice periods can result in legal repercussions for the non-compliant party.

In Burkina Faso, severance pay is a legal right for employees who are terminated under specific circumstances, as outlined by the Labour Code of Burkina Faso.

Severance pay is typically due in situations such as involuntary termination, where the employer initiates the termination due to economic reasons, restructuring, company closure, or reduction of workforce. Employees retiring after continuous service with an employer are also entitled to severance pay.

However, there are instances where severance pay is not required. These include termination for fault, where an employee is dismissed for gross misconduct or serious negligence, and resignation, where employees who voluntarily resign from their positions generally are not eligible for severance pay. Employees on fixed-term contracts that expire without renewal may not be entitled to severance pay unless explicitly stated in their contract.

The calculation of severance pay depends on the length of service and the employee's salary. The longer the employee's tenure with the company, the higher the severance pay. Severance pay is a fraction of the employee's salary, typically a percentage per year of service. For example, an employee with 5 years of service, earning an average monthly salary of 100,000 CFA francs, may be entitled to approximately 250,000 CFA francs in severance pay.

It's important to note that collective bargaining agreements or individual employment contracts may offer more generous severance terms than the Labour Code minimums. Additionally, severance payments are subject to certain tax regulations.

The termination of an employment relationship in Burkina Faso is governed by the Burkina Faso Labour Code. There are several ways a contract can be terminated:

Termination by Mutual Agreement

Both the employer and employee may agree to end the employment contract amicably at any time. This agreement must be explicitly put in writing and signed by both parties.

Termination with Notice

Both employer and employee can terminate the contract by providing written notice for a stipulated period. The length of required notice varies based on the employee category, as outlined in Article 66 of the Labour Code.

Termination Without Notice

Certain circumstances permit employees to terminate their contract without notice. These include the employer's failure to pay wages, failure to provide safe and healthy working conditions, and breach of contract by the employer. On the other hand, termination without notice by the employer is only permitted in cases of severe misconduct by the employee. The employer must provide clear proof of the misconduct.

Retirement

Employees are entitled to retire upon reaching the legally stipulated retirement age.

Collective Dismissals/Layoffs

For mass layoffs due to economic reasons, the employer must follow the procedures outlined in Article 85 of the Labour Code. This includes prior notification to the labor inspector, consultation with employee representatives, and a minimum 30 days' notice to affected employees.

Certain categories of employees, such as pregnant women, are protected from termination except under exceptional circumstances.