Notice period
In Mali, the Labour Code stipulates the legal requirements for notice periods during employment termination. These periods vary depending on the employee's position and salary structure.
Minimum Notice Periods
The Malian Labour Code establishes minimum notice periods based on the employee's compensation structure:
- Eight days: Applies to employees paid by the day or week.
- One month: Applies to employees receiving a monthly salary.
- Two months: Applies to supervisors and similar positions.
- Three months: Applies to executives and management personnel.
These are minimum requirements. Collective bargaining agreements or company policies may stipulate longer notice periods.
Form of Notice
The notice of termination must be delivered in writing. There are two acceptable methods for providing written notice:
- Registered mail: This method provides a record of the delivery date.
- Hand-delivered with a signed receipt: This approach offers immediate confirmation of receipt.
The notice period commences on the day the written notification is delivered to the recipient.
Reason for Termination
In the case of dismissal, the written notice from the employer must clearly state the reason for termination.
Notice Period and Employee Rights
During the notice period, employees retain certain rights, including:
- Receiving regular wages and benefits.
- Continuing to perform their job duties according to the employment contract.
- Using paid time off (PTO) as allowed by company policy.
- Seeking new employment during work hours (with limitations to avoid disrupting work).
Severance pay
In Mali, employees are entitled to severance pay under specific circumstances as per Article L.86-30 of the Malian Labour Code.
Eligibility for Severance Pay
Employees who have completed at least one year of continuous service with the same employer are eligible for severance pay. However, severance isn't mandatory in cases of termination due to employee misconduct or gross negligence, termination during a probationary period, resignation initiated by the employee, retirement, or expiration of a fixed-term contract.
Calculation of Severance Pay
The calculation of severance pay in Mali involves three steps:
- Average Monthly Salary: Determine the average monthly salary of the employee for the last three months of employment.
- Years of Service: Identify the number of completed years of service with the employer.
- Rate: Apply the following progressive rates based on the employee's years of service:
- 20% of average monthly salary for each of the first five years of service.
- 25% of average monthly salary for each year between the 6th and 10th year.
- 30% of average monthly salary for each year beyond the 10th year.
For instance, an employee who has worked for the same employer for 8 years with an average monthly salary of 500,000 XOF would receive a severance pay of 875,000 XOF.
Payment of Severance Pay
Severance pay must be paid at the time of the employee's departure from the company. It is crucial to adhere to this timeline.
Termination process
The termination process of employees in Mali is regulated by the country's Labour Code. It's crucial to understand these legal procedures to ensure compliance and avoid labor disputes.
Types of Termination
In Mali, employment termination primarily falls into two categories:
- Dismissal: This is initiated by the employer, usually due to employee performance, misconduct, or economic reasons such as redundancy.
- Resignation: This is initiated by the employee who chooses to voluntarily leave their position.
Dismissal Procedure
The dismissal procedure involves several steps:
- Written Notice: The employer must provide a written notice of termination. The notice should clearly state the reason for dismissal.
- Labor Inspector Notification (For dismissals of over 3 months' service): The employer must inform the Labor Inspector in writing, providing details about the employee, employer, and the reason for dismissal. The inspector has 15 days to respond.
- Employee Challenge: The employee has the right to challenge the dismissal decision before the Labor Tribunal. Such a challenge suspends the employer's decision pending the tribunal's ruling.
Resignation Procedure
The resignation procedure also involves several steps:
- Written Notice: Employees must provide a written notice of resignation, adhering to the specified notice periods in the Labour Code or their employment contract.
- Handover: Employees are obligated to complete a proper handover of their duties and responsibilities to ensure a smooth transition.
Additional Considerations
- Gross Misconduct: In cases of gross misconduct by the employee, the employer may terminate the employment immediately without notice.
- Mandatory Retirement Age: Mali has a mandatory retirement age, after which termination procedures may differ.