Employment termination in Burkina Faso is governed by the Labour Code and related regulations. Understanding the legal requirements for notice periods, severance pay, and permissible grounds for termination is crucial for employers to ensure compliance and avoid costly disputes. Terminating an employee requires adherence to specific procedures, and employees are afforded certain protections against unfair dismissal.
Navigating the termination process in Burkina Faso can be complex, particularly for international companies. Employers must be aware of the different rules applicable to various categories of employees, including those on fixed-term and indefinite-term contracts. Failing to comply with these regulations can lead to legal challenges and financial penalties.
Notice Period Requirements
The required notice period in Burkina Faso depends on the employee's category and length of service. Different rules apply to employees on fixed-term contracts (CDD) and indefinite-term contracts (CDI).
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Employees on Fixed-Term Contracts (CDD): Generally, no notice period is required when a fixed-term contract expires, unless the contract specifies otherwise. However, if the employer terminates the contract before its expiry date without just cause, the employee is entitled to damages.
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Employees on Indefinite-Term Contracts (CDI): The notice period for employees on indefinite-term contracts varies based on their category and length of service. The following table summarizes the minimum notice periods:
| Employee Category | Length of Service | Minimum Notice Period |
|---|---|---|
| Workers | Less than 1 year | 8 days |
| Workers | 1 to 3 years | 15 days |
| Workers | Over 3 years | 1 month |
| Foremen, Supervisors, Technicians | Less than 1 year | 1 month |
| Foremen, Supervisors, Technicians | 1 to 3 years | 1 month |
| Foremen, Supervisors, Technicians | Over 3 years | 2 months |
| Senior Staff | Less than 1 year | 1 month |
| Senior Staff | 1 to 3 years | 2 months |
| Senior Staff | Over 3 years | 3 months |
Severance Pay Calculations and Entitlements
Severance pay (indemnité de licenciement) is payable to employees on indefinite-term contracts who are terminated for economic reasons or other reasons not attributable to the employee's misconduct. The calculation of severance pay is based on the employee's average monthly salary and length of service.
The severance pay is calculated as follows:
- Less than 5 years of service: 30% of the average monthly salary per year of service.
- From 5 to 10 years of service: 35% of the average monthly salary per year of service.
- From 11 to 15 years of service: 40% of the average monthly salary per year of service.
- More than 15 years of service: 45% of the average monthly salary per year of service.
In addition to severance pay, employees may also be entitled to compensation in lieu of notice if the required notice period is not provided.
Grounds for Termination
Termination can be either with or without cause. The grounds for termination determine whether the employer is required to pay severance and other benefits.
Termination With Cause (Disciplinary Dismissal)
Termination with cause, also known as disciplinary dismissal, occurs when an employee commits a serious act of misconduct that justifies termination. Examples of serious misconduct include:
- Theft
- Insubordination
- Violence
- Repeated absenteeism without justification
- Serious breach of company rules
Termination Without Cause
Termination without cause occurs when the employer terminates the employment relationship for reasons unrelated to the employee's performance or conduct. Common reasons for termination without cause include:
- Economic reasons (e.g., restructuring, redundancy)
- Technological changes
- Business closure
Procedural Requirements for Lawful Termination
To ensure a lawful termination, employers must follow specific procedural requirements. These requirements vary depending on whether the termination is with or without cause.
Termination With Cause
- Written Warning: In most cases, the employer must issue a written warning to the employee before initiating termination proceedings.
- Disciplinary Hearing: The employer must conduct a disciplinary hearing to allow the employee to present their defense.
- Notification of Termination: If, after the hearing, the employer decides to proceed with termination, they must notify the employee in writing, stating the reasons for termination.
Termination Without Cause
- Consultation with Employee Representatives: If the termination is for economic reasons, the employer must consult with employee representatives (if any) before making a final decision.
- Notification of Termination: The employer must notify the employee in writing, stating the reasons for termination and the effective date of termination.
- Payment of Severance and Other Benefits: The employer must pay all outstanding wages, severance pay, and other benefits to which the employee is entitled.
Employee Protections Against Wrongful Dismissal
Burkina Faso law provides employees with certain protections against wrongful dismissal. An employee who believes they have been unfairly dismissed can file a complaint with the labour inspectorate or the labour court.
If the labour court finds that the dismissal was wrongful, it may order the employer to:
- Reinstate the employee to their former position
- Pay damages to the employee
Common pitfalls to avoid during termination include:
- Failure to follow proper procedures
- Discrimination
- Lack of documentation
- Failure to pay all required benefits
