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Burkina Faso
 


Source and scope of regulations - 2019    

References
  • Labour Code [LC]
    (Loi n° 028-2008-AN du 13 mai 2008 portant Code du Travail)
    Date: 13 May 2008 (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants; army; judiciary
Remarks:
  • Art 3 LC


Collective agreements
Inter-occupational Collective Agreement, 9 July 1974


Types of employment contracts - 2019    

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Maximum probationary (trial) period: 6 month(s)

Remarks:
  • Art. 42 LC. The probationary period varies according to the category of workers. It amounts to:
    *8 days for workers paid on a hourly or daily basis;
    *3 months for executives, technicians and similar positions;
    *1 month for the other workers.
    It can be renewed once.

    The reference to 6 months above corresponds to the probationary period for executives, technicians (3 months) renewed once.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
    Remarks:
    • Art. 49 LC
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Art. 52 LC: no limitation for renewals, except in cases of abuses.
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • No specified limitation concerning the maximum cumulative duration. However, if the competent court rules that the number of successive FTC is excessive, the contract is deemed to be of an indefinite duration, except in some specific situations: art. 54 LC.
      Note that a single fixed-term contract can not be concluded for more than 24 months for national workers and 36 months for foreign workers.

Substantive requirements for dismissals (justified and prohibited grounds) - 2019    

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Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 65 LC


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 71 LC: A dismissal is "abusive" if it is effected without a legitimate reason.
    See also specific provisions on serious misconduct (art. 69 LC) and economic dismissals (art. 98 LC).


Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; filing a complaint against the employer; race; colour; sex; religion; political opinion; social origin; nationality/national origin; trade union membership and activities; disabilities; HIV status
Remarks:
  • Art. 4 and 71 LC.
    See also 286 LC on trade union representatives and 147 LC on women on maternity leave.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
Remarks:
  • Art. 314 LC
    Art. 147 LC: prohibition to dismiss women on maternity leave.


Procedural requirements for individual dismissals - 2019    

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Notification to the worker to be dismissed: written

Remarks:
  • Art. 65 LC

Notice period:
Remarks:
  • Art. 66 LC and 30 of the Inter-occupational Collective Agreement:
    The notice period varies according to the category of workers, as follows:
    * 1 month for workers paid on a monthly basis who are not executives, supervisors, technicians
    * 8 days for workers paid on a hourly or daily basis
    * 3 months for executives, supervisors, engineers, technicians and similar workers.
    • tenure ≥ 6 months
      • monthly paid workers - 1 month(s).
      • hourly, daily or weekly paid workers - 8 day(s).
      • first-line supervisors, technicians, engineers, executives - 3 month(s).
    • tenure ≥ 9 months
      • monthly paid workers - 1 month(s).
      • hourly, daily or weekly paid workers - 8 day(s).
      • first-line supervisors, technicians, engineers, executives - 3 month(s).
    • tenure ≥ 2 years
      • monthly paid workers - 1 month(s).
      • hourly, daily or weekly paid workers - 8 day(s).
      • first-line supervisors, technicians, engineers, executives - 3 month(s).
    • tenure ≥ 4 years
      • monthly paid workers - 1 month(s).
      • hourly, daily or weekly paid workers - 8 day(s).
      • first-line supervisors, technicians, engineers, executives - 3 month(s).
    • tenure ≥ 5 years
      • monthly paid workers - 1 month(s).
      • hourly, daily or weekly paid workers - 8 day(s).
      • first-line supervisors, technicians, engineers, executives - 3 month(s).
    • tenure ≥ 10 years
      • monthly paid workers - 1 month(s).
      • hourly, daily or weekly paid workers - 8 day(s).
      • first-line supervisors, technicians, engineers, executives - 3 month(s).
    • tenure ≥ 20 years
      • monthly paid workers - 1 month(s).
      • hourly, daily or weekly paid workers - 8 day(s).
      • first-line supervisors, technicians, engineers, executives - 3 month(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 68 LC

    Notification to the public administration: No

    Remarks:
    • Exept in the case of a dismissal of a workers' representative: Art. 314 LC.

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Remarks:
    • However, such approval is mandatory in the event of a dismissal of a workers' representative: art. 314 LC.

    Approval by workers' representatives: No

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2019    

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    Definition of collective dismissal (number of employees concerned):
    Article 98 Code du travail:
    Le licenciement pour motif économique est le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du travailleur et résultant d’une suppression, d’une transformation d’emploi ou d’une modification substantielle du contrat de travail consécutive à des difficultés économiques, à des mutations technologiques ou à des restructurations internes.

    Specific requirements applicable to any economic dismissal affecting more than 1 employee.

    Remarks:
    • Art. 99 LC

    Prior consultations with trade unions (workers' representatives): Yes

    Remarks:
    • Art. 101 LC.

    Notification to the public administration: Yes

    Remarks:
    • Art. 102 LC

    Notification to workers' representatives: Yes

    Remarks:
    • Art. 101 LC

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Priority rules for collective dismissals (social considerations, age, job tenure): No

    Remarks:
    • Art. 101 LC refers to selection criteria as one of the elements to be transmitted to the workers' representatives for consultation, but no criteria are listed in the LC.

    Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

    Remarks:
    • Art. 99 LC, art. 104 LC.

    Priority rules for re-employment: Yes

    Remarks:
    • Art. 104 LC does not refer to any priority right to re-employment as such, but stipulates that: if the economic situation of the enterprise improves, dismissed workers can be re-employed provided they fulfill the requirements for the positions.
      However, art. 34 of the Inter-occupational Collective Agreement expressly establishes a priority right for re-employment for 2 years.

    Severance pay and redundancy payment - 2019    

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    Severance pay:
    Remarks:
    • No provision in the LC. However, severance pay is governed by art. 35 of the Inter-occupational Collective Agreement:
      A worker is entitled to severance pay provided he has been employed continuously for a period of at least one year and he has not committed any serious misconduct. Severance pay corresponds to a percentage of the monthly overall wages per year of service and is set according to the length of service as follows:
      *25% per year during the first 5 years;
      *30% per year during the subsequent 5 years;
      *40% per year after the tenth year.
    • tenure ≥ 6 months: 0 month(s)
    • tenure ≥ 9 months: 0 month(s)
    • tenure ≥ 1 year: 0.25 month(s)
    • tenure ≥ 2 years: 0.5 month(s)
    • tenure ≥ 4 years: 1 month(s)
    • tenure ≥ 5 years: 1.25 month(s)
    • tenure ≥ 10 years: 2.75 month(s)
    • tenure ≥ 20 years: 6.75 month(s)
    Redundancy payment:
    Remarks:
    • Same as severance pay: dismissals for economic reasons are covered by the Inter-occupational Collective Agreement.
    • tenure ≥ 6 months: 0 month(s)
    • tenure ≥ 9 months: 0 month(s)
    • tenure ≥ 1 year: 0.25 month(s)
    • tenure ≥ 2 years: 0.5 month(s)
    • tenure ≥ 4 years: 1 month(s)
    • tenure ≥ 5 years: 1.25 month(s)
    • tenure ≥ 10 years: 2.75 month(s)
    • tenure ≥ 20 years: 6.75 month(s)

    Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2019    

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    Compensation for unfair dismissal - free determination by court: No

    Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
    Compensation for unfair dismissal (absence of valid ground): maximum 18 months' pay.

    Remarks:
    • * Compensation for unfair dismissal (absence of valid ground) : Art. 74 LC.

      In addition art. 76 LC provides for compensation for failure to observe the prescribed procedure (absence of written notification or written justification) which shall amount to maximum 3 months' pay.

    Reinstatement available: Yes

    Remarks:
    • Art. 70 LC

    Preliminary mandatory conciliation: Yes

    Remarks:
    • Before bringing the dispute to court, the parties have the obligation to resort to extra-judicial conciliation before the Labour Inspector (art. 320 LC).

    Competent court(s) / tribunal(s): labour court

    Remarks:
    • Art. 338 LC

    Existing arbitration: No

    Source of additional information - 2019    

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    Links

    Use of International Law by Domestic Courts - Compendium »