Mali

In Mali, labor law permits two primary types of employment agreements: fixed-term and indefinite-term contracts.

Fixed-Term Contracts (CDD - Contrat à Durée Déterminée)

Fixed-term contracts, as defined in Mali's Labour Code (Article L. 52), have a predetermined end date. The duration of these contracts cannot exceed two years, with exceptions permitted only through collective agreements or when the work's nature requires a longer period. Fixed-term contracts can be renewed twice, but the total duration excluding the initial period cannot exceed two years.

Fixed-term contracts must be established in writing. Verbal agreements for fixed-term contracts are not recognized and will default to an indefinite-term contract. For foreign employees, their fixed-term contracts must be accompanied by a valid work permit.

Employees on fixed-term contracts are entitled to the same benefits as permanent employees, including social security contributions, sick leave, and annual leave. If an employee has been on a fixed-term contract for at least two years, the employer may be required to offer them a permanent contract.

Indefinite-Term Contracts (CDI - Contrat à Durée Indéterminée)

Indefinite-term contracts, also known as permanent contracts, do not have a predetermined end date and are presumed to be ongoing employment. These contracts can be established verbally or in writing, although a written contract in French is strongly recommended for clarity and to safeguard the rights of both parties.

An indefinite-term contract should clearly outline the employee's responsibilities, remuneration, benefits, and termination clauses.

An employment agreement in Mali should clearly outline the terms and conditions of employment to protect both the employer and the employee. Here are the essential clauses to include:

Parties to the Agreement

The agreement should identify the employer and employee by name, along with any relevant company information for the employer. Contact details for both parties should also be included.

Job Description and Duties

The employee's position, title, and core responsibilities should be clearly defined. Any reporting lines and supervisory roles should also be specified.

Remuneration and Benefits

The agreement should outline the employee's salary or wages, including the amount, frequency of payment, and any overtime pay calculations. Benefits offered, such as social security contributions, health insurance, paid leave allowances (sick leave, annual leave), and any bonuses or allowances should also be detailed.

Working Hours and Schedule

The standard working hours per week or day should be specified. Any shift work details or flexible working arrangements, if applicable, should be outlined. The agreement should reference Mali's legal working hours (typically 40 hours per week) and any limitations on overtime.

Leave Policies

The employee's entitlement to paid leave, including annual leave, sick leave, and other forms of leave (e.g., maternity leave) should be detailed. The required notice period for requesting leave should also be specified.

Termination Clauses

The agreement should outline the grounds for termination for both employer and employee, with specific reference to Mali's Labour Code. The required notice period for termination by either party should be defined. Any severance pay arrangements in case of termination should also be addressed.

Probationary periods are a standard part of employment agreements in Mali, providing a chance for both employers and employees to evaluate compatibility before moving into a permanent role.

Maximum Duration

According to Malian labor laws, the maximum duration for a probationary period is six months. This rule is applicable to most employment contracts, including those for full-time positions.

Correlation with Notice Period

In Mali, the probationary period usually corresponds with the minimum notice period required for service termination. This implies that the notice an employee needs to give to end their employment is often the same length as the probation. The notice periods for different employee categories are as follows:

• Daily or Weekly Pay: 8 days notice
• Monthly Salary: 1 month notice
• Supervisors and Similar Roles: 2 months notice
• Executives and Management: 3 months notice

Rights of Employees During Probation

Despite being a trial period, employees on probation in Mali have the same rights to pay and benefits as a permanent employee with similar responsibilities. These rights include salary, vacation time, and social security contributions.

Termination During Probation

Both the employer and the employee have the right to terminate the employment relationship during the probation period. However, specific notice requirements may apply depending on the employee's pay structure. No reason is required to be provided for termination during the probation period.

In Mali, employment agreements may incorporate confidentiality and non-compete clauses to safeguard an employer's legitimate business interests. However, these clauses must be in line with Malian labor law to be enforceable.

Confidentiality Clauses

Confidentiality clauses prohibit employees from revealing an employer's confidential information to third parties. This information may encompass trade secrets, customer lists, and business strategies.

The Malian Labor Code (Code du travail du Mali) does not specifically address confidentiality clauses. Nonetheless, Malian courts are likely to uphold such clauses if they fulfill the following conditions:

• Legitimate Interest: The confidentiality clause must safeguard a legitimate business interest of the employer, such as trade secrets or other confidential information.
• Reasonable Scope: The confidentiality clause must be reasonable in terms of the type of information protected, the duration of the restriction, and the activities covered.
• Necessity: The confidentiality clause must be essential to protect the employer's interest. Less restrictive measures should not be available to achieve the same objective.

Non-Compete Clauses

Non-compete clauses prevent employees from competing with their former employer after their employment terminates. These clauses can be especially crucial in sectors with specialized knowledge or a limited pool of qualified workers.

Malian law limits the use of non-compete clauses. Article 25 of the Malian Labor Code states that a non-compete clause can only be included in an employment agreement for senior executives ("cadres dirigeants") and only if the following conditions are met:

• The employee occupies a position with a high level of responsibility.
• The employee has access to confidential information.
• The non-compete clause is limited in scope geographically and duration. The maximum duration is typically one year.