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Burkina Faso - Working time - 2011


LAST UPDATE

15 November 2011.

SOURCES


Name of Act

Law n. 028-2008/AN, from 13 May 2008 establishing the Labour Act.
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Name of Act

Decree n. 2010-812/PRES/PM/MTSS, from 31 December 2010 establishing conditions of work for workers whose professions or branches not covered by a collective agreement. JO n. 04, from 27 January 2011.

Name of Act

Order n. 1244/FP.T/DGTLS, from 09 December 1976, establishing the modalities of application of the weekly rest period.

Name of Act

Order n. 1243/FPT/DGTLS, from 09 December 1976, establishing the modalities of application of the weekly work time of 40 hours in non-agricultural establishments.

Name of Act

Order n. 94-00011/ETSS/SG/DT, from 03/06/94, establishing the paid annual leave regime.

Name of Act

Zatu n. AN VII-0004/FP/PRES, from 21 September 1989, establishing the Holidays of Burkina Faso

Name of Act

Order n. 436/ITLS/HV, from 15 July 1953, establishing the hours in which the work is considered night work.

Name of Act

Order n. 539/ITLS/HV, from 29 July 1954, related to work of children.

LEGAL DEFINITIONS


Employee/worker

Is considered an employee (a worker), under this Act, anyone who commits himself/herself to carry out his/her professional activity for a remuneration, under the direction and authority of another person, physical or business, public or private called employer.
To determine the quality of the employee, neither the employer’s nor the employee’s legal status is taken into account.
Labour Act §2

NORMAL HOURS LIMITS


Daily hours limit


General limit

The present order applies to every establishment of every nature employing workers, with the exception of agricultural establishments.
For its application, 40 hours of work corresponds to 173,33 hours per month.

Establishments or parts of establishments mentioned in art. 1 shall, by the application of the 40 hours week, choose one of the following modes:
1) Limitation of the effective work to 08 hours per day during 5 working days, with rest on Saturdays and Sundays;
2) Limitation of the effective work to 06 hours and 40 minutes per day during the week;
3) Unequal division of the 40 hours of work during the week, with a maximum of 08 hours of work per day in order to allow at least half a day of rest per week.
Order on the weekly working time §1, 2(1)

Special categories


» Young workers

Children cannot be employed in work for more than 8 hours per day, interrupted by one or more breaks, of which duration cannot be inferior to 2 hours.
In mines or undeground galeries, mining or quarrying, the time of going in and out of the workplace shall not count as the hours of work.
Order on the work of children §2(1)(3)

Weekly hours limit


General limit

The legal work duration assigned to employees or unskilled worker, male or female, of any age, working temporarily, by task or by piece is forty hours per week in all public or private institutions.
Labour Act §137(1)

Exceptions

In case of collective interruption of work resulting from accidents or force majeure (accidents with material, interruption of power, loss), an extension of the daily working time can be practiced, by compensation of the overtime work.

In certain professions, considering the continuous nature of the work, a duration of presence superior to the legal duration of work is considered equivalent to 40 hours of effective work.
This equivalent duration is established as follows:
- 42 hours for those working in pharmacies and retail commerce;
- 45 hours for hospital and health institutions staff, service stations, cooks in hotels and restaurants, etc;
- 48 hours for drivers working with transportation of company’s staff;
- 50 hours for hairdressers, manicure, pedicure, beauty salons, massage and sideshows;
- 52 hours for drinking places, restaurants, hotels for staff other than cooks and taxi drivers;
- 56 hours for Fire Departments;
- 60 hours for domestic workers;
- 72 hours for security guards during the day or the night;
- Gardiens, concierges residing in their workplaces are required to be continuously present, subject to the fact they are given a rest of at leas 24 consecutive per week and to a paid leave of 2 weeks besides the regular leave.
Order on the weekly working time §3(1), 5

Special categories

Statutory acts taken by the minister in charge of labour upon advice of the consultative labour commision determine the application arrangements of the legal duration of work for each branch of activity and professional category, if need be.
Labour Act §139(1)

OVERTIME WORK


Criteria for overtime


General

The hours of work done beyond the legal weekly duration are considered extra hours and entitle the employee with a salary increase.
Labour Act §138(1)

Limits on overtime hours


General limits

Statutory acts shall determine the maximum duration for overtime work which can be done in case of urgent or exceptional work and seasonal work.
Labour Act §139(2)

Compensation for overtime work


Overtime rate(s)

The execution modalities and overtime rates for day or night assignments during weekdays, Sundays, and holidays are determined by the collective conventions, and failing this, statutorily by the minister in charge of labour upon advice of the consultative labour comission.
Nevertheless, exemptions may be granted statutorily by the minister in charge of labour upon advice of the consultative labour comission.

Every hour worked beyond the weekly legal limit of hours of work or time equivalent shall be compensated as follows:
- 15% of compensation for each of the first 8 hours worked after the 40th hour, or equivalent time;
- 35% of compensation for each hour worked after the 48th hour, or equivalent time;
- 50% of compensation for each hour worked during the night in ordinary days;
- 60% of compensation for each hour worked on Sundays or Holidays;
- 120% of compensation for each hour worked during the night on Sundays or holidays.
Labour Act §138(2)(3)
Decree on workers not covered by a collective agreement §45

REST PERIODS


Rest breaks


Special categories


» Young workers

Children cannot be employed in work for more than 8 hours per day, interrupted by one or more breaks, of which duration cannot be inferior to 2 hours.
This break shall be given in the middle of the day. It can be given in various moments of the day after authorization of the labour inspector. In such case, the break at the middle of the day cannot be inferior to one hour.
Order on the work of children §2(1)(2)

Daily rest periods


Special categories


» Young workers

The daily rest period of children, which shall be of 11 consecutive hours, has to comprise the period between 22h and 05h.

In industries where work is done with material that can rapidly change or deteriorate, the prohibitions of arts. 3 and 4 can be temporarily derogated, for male young workers over the age of 16, in order to prevent imminent accidents or to repair eventual accidents.

The headmasters shall notify the labour inspector whenever they make use of the derogation forseen in the article above.

In factories where the work is continuous, the prohibitions of arts. 3 and 4 of the present order can be derogated for male young workers over the age of 16, who can be employed in night work with a special authorization given by the labour inspector.
Order on the work of children §4, 5, 6, 7

Weekly rest periods


Duration


» General

The weekly rest period is compulsory. It is 24 hours minimum per week and takes place in principle on Sunday, except derogation statutorily granted by the minister in charge of labour.
Labour Act §155

» Exceptions

The following establishments are allowed to conceed the weekly rest period by rotation:
Agricultural enterprises, manufactures of food products destined to immediate consumption, hotels, restaurants and drinking places, tabacs, retirement houses, bathhouses, gamehouses, news houses, spectacle houses, transportation companies, among others.
The labour inspector shall determine if the industries mentioned correspond to the criteria.
Order on weekly rest period §2

Day specified


» General

The weekly rest period shall be taken in principle on Sundays. However, derogations forseen by the legislation in force are applicable.
Decree on workers not covered by a collective agreement §55

» Exceptions

The following establishments are allowed to conceed the weekly rest period by rotation:
Agricultural enterprises, manufactures of food products destined to immediate consumption, hotels, restaurants and drinking places, tabacs, retirement houses, bathhouses, gamehouses, news houses, spectacle houses, transportation companies, among others.
The labour inspector shall determine if the industries mentioned correspond to the criteria.

Once decided that the simultaneous rest on Sunday of the whole staff can be prejudicial to the public or to the normal functioning of the establishment, the weekly rest period can be conceeded, during the whole year or in certain time of the year only:
- Another day other than sunday to the whole staff;
- From Sunday noon until Monday noon to the whole staff;
- Sunday afternoon, with a compensatory rest day, by rotation;
- By rotation to part or to the whole staff.
All the authorizations necessary shall be requested according to the prescriptions of article above and can only be given for a limited time.
Order on weekly rest period §2, 4

Work on weekly rest day

The hours worked during weekly rest days shall be considered as overtime work and inserted in the credit of overtime forseen by the orders establishing the conditions of application of provisions related to working time.

The occupation of workers during the weekly rest period for those working with loading or unloading in stations is authorized in the same conditions above.
Order on weekly rest period §8, 9

Special categories


» Young workers

The derogations forseen in the present order do not apply to young workers under the age of 18 and to women.
Order on weekly rest period §7(1)

» Women

The derogations forseen in the present order do not apply to young workers under the age of 18 and to women.
Order on weekly rest period §7(1)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

The enjoyment right of a leave is acquired after a minimal period of 12 months of effective service.
However, the collective agreement or the individual employment contract, bestowing a leave of a duration superior to the one provided in the article 156, can forsee a longer duration of effective serice giving right to a leave without this duration being superior to 3 years.
In this case, a minimum leave of six calendar days deductible must be granted to the employee every year.

The appreciation of the right to leave shall be determined under a reference period that starts the day of employment or his/her return from previous leave, until the las day preceeding the day of departure on the new leave.

It shall be considered as a month of effective service for the determination of the duration of leave, the period equivalent to 4 weeks or 24 working days.

For the companies that conceed paid annual leave after 11 months of work, the 12th month shall be considered as month worked and shall be accounted in the appreciation of the rights of the worker’s leave.
Labour Act §165
Order on paid annual leave §2, 3, 12

Duration


» General

The employee has a right to a paid leave chargeable to the employer, at the rate of two and a half calendar days per month of effective service, except more favorable provisions of collective agreement or individual employment contract.

For the calculation of the duration of the leave acquired, the absences due to accidents at work or professional illness, the legal periods of rest for pregnant women, the periods of compulsory military service, not even to the limit of one year, illness duly attested by a medical certificate and exceptional permissions, shall not be deducted from the leave.

Whenever the days of leave is not a whole number, the duration of the leave is rounded to a whole number immediately superior.
Labour Act §156(1)
Decree on workers not covered by a collective agreement §51(4)
Order on paid annual leave §4

» Exceptions

The duration of the leave provided in article 156 above is increased at the rate of two working days after 20 years of continuous service or not in the same enterprise, of four days after 25 years and 6 days after 30 years.
Labour Act §157

Payment


» Amount

The employer must give to the employee, before his/her departure on leave and for the whole duration of the leave, an allowance that is at least equal to the average of the wages and the various elements of remuneration defined in art. 191, which the employee benefited from during the 12 months preceeding the date of the departure on leave.

Unless there are more favorable provisions in collective agreements or individual employment contract, the leave payment shall be calculated as follows:
a) Determination of the monthly average salary of the 12 months preceeding the departure on leave;
b) Division of the monthly average salary by 30 in order to obtain the daliy average salary;
c) Multiplication of the daily average salary by the number of days of the calendar days of leave to which the worker is entitled to.

The worker hired to work by hour or by day for a short-term position not exceeding one day, shall have his/her leave paid at the same time as the salary due, at latest at the end of the day of work, as sort of compensation for the paid leave, calculated on the basis of 1/12 of the daily remuneration acquired.

The collective agreements or, in its lack, the orders from the Ministry of Labour, enacted after consultation with the Consultative Labour Comission, shall establish the minimum amount of the in-kind benefits, which the worker will not enjoy during the leave and which shall be taken into account when of the calculation of the leave benefit.
Labour Act §170
Order on paid annual leave §7, 11, 13
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» Date of payment

The employer must give to the employee, before his/her departure on leave and for the whole duration of the leave, an allowance that is at least equal to the average of the wages and the various elements of remuneration defined in art. 191, which the employee benefited from during the 12 months preceeding the date of the departure on leave.
Labour Act §170

Schedule and splitting

The regular date of departure on leave of each worker shall be agreed between the latter and the employer. This date, once established, cannot be anticipated nor delayed for more than 3 years, without exceptional and individual authorization of the labour inspector.

The leave can be fractioned by the employer with the agreement of the worker. However, one of the fraction has to be of at least 15 consecutive days.
Decree on workers not covered by a collective agreement §51(3)
Order on paid annual leave §5

Special categories


» Young workers

Employees aged less than eighteen years have the right to a leave of 30 days without pay if they apply for it, whatever the duration of the service.
This leave comes in addition to the paid leave acquired because of the work accomplished at the time of their departure.
Labour Act §156(2)(3)

PUBLIC HOLIDAYS


Number and dates

Legal holidays are those provided by the Law.

15 dates:
1st January, Mouloud, 8th Mars, Ramadan or Aid es Segheir, Easter Monday, 1st May, Aid el Kebir or Tabaski, Ascension, 4th August (Anniversary of the Revolution), Assumption, 15th October, All Saints Day, Christmas, the day after th 4th August and 1st May whenever they fall in a Sunday or Friday, and the day before the referred dates when they fall in a Tuesday.
Decree on workers not covered by a collective agreement §181
Zatu on Holidays §1

Payment

The holidays shall be paid according to the current legislation in force.
Decree on workers not covered by a collective agreement §52

EMERGENCY FAMILY LEAVE

Exceptional permissions that have been granted to the employee on the occasion of domestic events directly related to his/her family are not deducted from the duration of the paid leave in the yearly limit of ten workdays.
Labour Act §159

NIGHT WORK


Criteria for night work

The hours during which the work is considered as night work are decided statutorily.

Night work is work performed between 22h and 05h.
Decree on workers not covered by a collective agreement §140
Order on Night Work §1

Compensation

Every hour worked beyond the weekly legal limit of hours of work or time equivalent shall be compensated as follows:
- 50% of compensation for each hour worked during the night in ordinary days;

Workers who perform at least 6 hours during the night shall benefit from an indemnity called "premium cart", of which amount is equal to 3 times the minimum hourly interprofessional wage.
This indemnity shall be paid also to workers who, after having worked 10 hours or more, considering the interruptions, extend at least one hour of work after the beggining of the regular period of night work.
Decree on workers not covered by a collective agreement §45
Decree on workers not covered by a collective agreement §47(1)(2)

Special categories


Young workers

In plants, factories, mines, mining and quarrying, construction sites, workshops and in their facilities, children cannot employed in any work between 22h and 05h.
They cannot also be employed in any night work in company of staff or commodity transportation in roads or rail in companies of loading and unloading of goods.

In industries where work is done with material that can rapidly change or deteriorate, the prohibitions of arts. 3 and 4 can be temporarily derogated, for male young workers over the age of 16, in order to prevent imminent accidents or to repair eventual accidents.

The headmasters shall notify the labour inspector whenever they make use of the derogation forseen in the article above.

In factories where the work is continuous, the prohibitions of arts. 3 and 4 of the present order can be derogated for male young workers over the age of 16, who can be employed in night work with a special authorization given by the labour inspector.
Order on Night Work §3, 5, 6, 7

SHIFT WORK


Criteria for shift work

Shift work is the organisation system through which an employee does his/her daily in one go.
The continuity of the job and organisational system are determined statutorily by the minister in charge of labour, upon advice of the consultative labour comission.
Labour Act §141

Results generated on: 19th April 2014 at 11:29:09.
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