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Mali - Working time - 2011


LAST UPDATE

24 October 2011

SOURCES


Name of Act

Decree n° 1655/MEFPT-SG regarding special provisions in the application of the Labour Code of 13 Juin 1996 (Décret no 96-178/P-RM, du 13 juin 1996 portant application de diverses dispositions de la Loi n° 92-20 du 23 Septembre 1992 portant Code du Travail)

Name of Act

Labour Code, Act n. 92 (Loi n° 92-020 portant Code du travail en République du Mali, Journal officiel, 1992-11-30, Spécial no 8, pp. 2-32) of 23 September 1992
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Name of Act

Order n°1566/MEFPT-SG regarding special provisions in the application of the Labour Code of 7 October 1996 (Arrêté no 1566/MEFPT-SG du 7 octobre 1996 portant modalités d’application de certaines dispositions du Code du travail)

LEGAL DEFINITIONS


Employee/worker

Any person committed to place his/her professional activity under the direction and supervision of another person against remuneration.
Labour Code §1(2)

Employer

Physical or legal person, public or private, religious or not, directing or supervising workers.
Labour Code §1(2)

Part-time work(er)

Work hours that are at least one-fifth shorter than normal hours of work, fixed either by law or by collective agreement.
Labour Code §L.133

Night work(er)

Night work is work performed between 21h and 05h.
Labour Code §L.141

Domestic worker

A domestic worker is a worker employed in the private residence of the employer to perform all or part of an household tasks.
Decree n° 1655/MEFPT-SG regarding special provisions in the application of the Labour Code §D.86-1

NORMAL HOURS LIMITS


Daily hours limit


General limit

(No general statutory daily hours limit.)
Historical data (year indicates year of data collection)
  • 2009: (No general statutory daily hours limit.)

Special categories


» Young workers

The daily rest period of women and children shall be of at least 12 consecutive hours.
Labour Code §L.186(1)

» Women

The daily rest period of women and children shall be of at least 12 consecutive hours.
Labour Code §L.186(1)

» Domestic work

The working time shall be established in the employment contract, according to the provisions of the Labour Code. In principle, the working hours should divided between 7 am and 9 pm.
Decree n° 1655/MEFPT-SG regarding special provisions in the application of the Labour Code §D.86-16

Weekly hours limit


General limit

In all the establishments listed in art. L.3, working time cannot exceed, in principle, 40 hours per week.
Labour Code §L.131(1)
Historical data (year indicates year of data collection)
  • 2009: Workers shall perform 40 hours of work per week. A higher limit of working hours per week, is permited for work that is intermittent
  • 2007: A higher limit is permited for work that is intermittent
  • 2007: 40 hours
  • 1995: 40 hours.

Reference period(s)

Orders from the Minister of Labour shall determine the modalities of application of the preceeding paragraphs for activities or professions, or for a specific activity or profession. The orders shall establish specially the organization and division of the hours of work in a specific cycle, permanent or temporary exemptions applicable in certain cases and for certain types of work, as well as the modes of recovery of working hours and control measurements.
Labour Code §L.131(4)

Exceptions

In case of collective interruption of work due to accidents or force majeure (such as accidents to equipment or shortage of raw material) daily hours of work may be prolonged in order to recuperate the lost hours of work, which will be paid at normal rate.

Work that may be extended beyond the normal hours limits are specified, including:
(1) Mechanics and electricians who handle certain machinery (1.5 hours);
(2) specialised team leaders whose presence is indispensable (1.5 hours);
(3) guarding and surveillance staff (4 hours, within a maximum of 56 hours per week).
Labour Code §134, 136
Order n°1566/MEFPT-SG regarding special provisions in the application of the Labour Code §136(1), 136(2)

Special categories


» Part-time work

In all establishments forseen in art. L.3, part-time work can be practiced. Working time for part-time work shall be inferior to at least 1/5 of the legal regular working time or to the regular working time established by agreement by branch or establishment.
Labour Code §L.133(1)

» Domestic work

Taking into account eventual breaks and idle time inherent to the profession of domestic worker, the duration of service of these workers shall be fixed applying the principle of equivalence and according to the forseen in art. L.136 of the Labour Code, to 260 hours maximum per month, corresponding to 173,33 hours of effective work.

Whenever the weekly working time of domestic workers is inferior to 40 hours per week, especially with respect to part-time workers, the hours of presence shall be taken as hours of effective service and paid as such.
Decree n° 1655/MEFPT-SG regarding special provisions in the application of the Labour Code §D.86-16(2), D86-17

OVERTIME WORK


Criteria for overtime


General

The regular working time can be extended beyond the legal limits estalbished in the following conditions:
1) Urgent work which requires a necessary and immediate execution in order to prevent the inevitable loss of a good or imminent accidents; to organise rescue measures or repair accidents that happened with certain materials, either facilities, or establishment buildings. The limit on overtime in this case is of 2 hours;
2) Urgent and exceptional work in cases of extraordinary increase of the workload. The limit of overtime in this case is of 75 hours per year.
Order n°1566/MEFPT-SG regarding special provisions in the application of the Labour Code §A.140.1

Limits on overtime hours


General limits

The regular working time can be extended beyond the legal limits established in the following conditions:
1) Urgent work which requires a necessary and immediate execution in order to prevent the inevitable loss of a good or imminent accidents; to organise rescue measures or repair accidents that happened with certain materials, either facilities, or establishment buildings. The limit on overtime in this case is of 2 hours;
2) Urgent and exceptional work in cases of extraordinary increase of the workload. The limit of overtime in this case is of 75 hours per year.

Overtime work in order to maintain or increase production can be practiced to the limit of 18 hours per week. However, the Labour Inspectorate can authorize certain companies to go beyond the limit above. In any case, the maximum working time limit of 60 hours per week cannot be exceeded.
Order n°1566/MEFPT-SG regarding special provisions in the application of the Labour Code §A.140.1, A.140.2
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Historical data (year indicates year of data collection)
  • 2009: Urgent work to be performed immediately to prevent inevitable loss of a product or to prevent accidents that are about to occur has a limit of 2 hours daily. Urgent and exceptional work in case of extraordinary overload of work has a limit of 75 hours yearly. Overtime work to maintain or increase production has a limit of 18 hours weekly.
  • 2007: Urgent work to be performed immediately to prevent inevitable loss of a product or to prevent accidents that are about to occur: 2 hours daily. Urgent and exceptional work in case of extraordinary overload of work: 75 hours yearly. Overtime work to maintain or increase production: 18 hours weekly.
  • 1995: No legal provision.

Restrictions/exceptions

In exceptional circumstances, the Labour Inspector may grant that certain undertakings can exceed limits on overtime hours, which cannot surpass 60 hours weekly.
Order n°1566/MEFPT-SG regarding special provisions in the application of the Labour Code §140(2)

Compensation for overtime work


Overtime rate(s)

Every work performed beyond the legal regular working time shall, in the lack of collective agreement or enterprise agreement, entitle the worker to a compensation in the conditions and according to the following minimum rates:
a) Working days:
- 10% of the real global salary related to the execution of the work, once it is performed from the 41st hour to the 48th hours included;
- 25% once it is performed beyond the 48th hour;
- 50% once it is overtime performed during the night.
b) Non-working days:
- 50% once performed during the day, 100% once performed during the night.
Labour Code §L.137
Historical data (year indicates year of data collection)
  • 2009: Week days: 10 per cent increase (41st-48th hour) 25 per cent increase(48th hour and beyond) Weekly rest days: 50 per cent increase (day) 100 per cent increase (night)
  • 2007: Week days: 10 per cent increase (41st-48th hour) 25 per cent increase(48th hour and beyond) Weekly rest days: 50 per cent increase (day) 100 per cent increase (night)
  • 1995: 10% from the 41st to the 48th weekly hours; 25% thereafter. 50% for day work and 100% at night for non-working days.

Special categories


Domestic work

Domestic workers who perform overtime work are entitled to:
During working days: from the 61st to the 68th hour: 1/173,33 of the minimum wage rate, increased by 25% per hour; above the 68th hour: 1/173,33 of the minimum wage increased by 40%. Overtime performed during night is increased by 50%.

Non-working days:overtime payement is incresed by 50% when performed during the day and 100% when it is performed by night.

For worker working part-time and daily or occasional workers, who are not subject to the principle of equivalence, the number of overtime work hours is determined in relation to the daily working time established. Every work performed beyond the daily working time, that is beyond 06 hours and 40 minutes of work, entitle the worker to the following compensations:
25% for the first 2 overtime hours;
50% for the following hours.
Decree n° 1655/MEFPT-SG regarding special provisions in the application of the Labour Code §D.86-19

Night work

Overtime performed during night is compensated with 50% more (when it is performed during wordays. When it is performed on non-working days during night there is a compensation of 100%.
§L.137(a)(b)

REST PERIODS


Rest breaks


General provisions

(No general statutory provisions on rest breaks.)
Historical data (year indicates year of data collection)
  • 2009: (No general statutory provisions on rest breaks.)
  • 1995: No legal provision.

Daily rest periods


Duration

(No general statutory provisions on weekly rest.)
Historical data (year indicates year of data collection)
  • 2009: (No general statutory provisions on weekly rest.)
  • 1995: No legal provision.

Special categories


» Young workers

Young workers are entitled to a daily rest period of 12 hours.
Labour Code §L.186

» Women

Women are entitled to a daily rest period of 12 hours.
Labour Code §L.186

Weekly rest periods


Duration


» General

Weekly rest period is compulsory. It shall be of 24 consecutive hours. It shall take place, in principle, sundays. It cannot be, in any case, replaced by a compensatory payment.
Labour Code §L.142
Historical data (year indicates year of data collection)
  • 2009: Worker are entitled to one day off per week.
  • 2007: 1 day
  • 1995: 24 consecutive hours.

Day specified


» General

Weekly rest period is compulsory. It shall be of 24 consecutive hours. It shall take place, in principle, sundays. It cannot be, in any case, replaced by a compensatory payment.
Labour Code §L.142

» Exceptions

Weekly rest can be taken on a day other than Sunday in establishments in which activities cannot cease without causing substantial inconvenience.

These are specified in the legislation and include medical establishments, hotels and catering, museums, transport undertakings, telecommunications, newspapers etc.

The Labour Inspectorate can authorise that work can be performed in other enterprises, after consultation with employers’ and workers’ organizations.
Labour Code §L.143
Order n°1566/MEFPT-SG regarding special provisions in the application of the Labour Code §A.144(1); A.144(2)

Work on weekly rest day


» Criteria

No work can be performed during the weekly rest day.

Weekly rest period is compulsory. It shall be of 24 consecutive hours. It shall take place, in principle, sundays. It cannot be, in any case, replaced by a compensatory payment.
Labour Code §L.142

Special categories


» Shift workers

Employer are authorized to give weekly rest period in another day other than sunday, whenever the activity practiced in the company cannot be stopped without serious consequences for the collective life.
Labour Code §L.143

» Domestic workers

The weekly rest period shall be taken on sundays. However, the employer and the worker can agree on another day or on two half days during the week.
Decree n° 1655/MEFPT-SG regarding special provisions in the application of the Labour Code §D.86-20

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

The worker is entitled to annual leave after one year of work.

The appreciation of the right to annual leave shall be done over a reference period that starts in the date of start of work, or of his/her return from the last leave, until the last day preceeding the start of the new leave.

For the definition of the duration of the leave, one month of effective service is equivalent to 4 weeks or 24 days of work.
Labour Code §L.148

Duration


» General

The duration of the annual leave is determined at the rate of two and a half days per month of accomplished work during the course of the reference period, that is 30 days per year, including non-working days.
Labour Code §L.151
Historical data (year indicates year of data collection)
  • 2009: Two and a half days per month, or 30 days yearly, including non weekdays.
  • 2007: Two and a half days per month, or 30 days yearly, including non weekdays.
  • 1995: 2,5 days per month of work. 30 days per year.

» Exceptions

Seniority entitles to more leave days:
2 additional working days after 15 years of service - continuous or not - in the enterprise, 4 additional working days after 20 years, and 6 additional working days after 25 years.
Labour Code §L.154

Payment


» Amount

The amount of the remuneration to be paid during the annual leave:
Equals 1/12th of total remuneration received over the 12 month period.
In occupations or as provided for under the labour contract, where the remuneration is based on clients or services - whether in total or in part -, the remuneration taken into account is the one as evaluated on a forfeiture basis by a collective agreement, or in the absence thereof, by Decree by the Labour Minister.
Labour Code §L.157(3), L.158

» Date of payment

The payment for the annual leave shall be done, at the latest, on the last day preceding the date of departure on leave.
Labour Code §L.161

Schedule and splitting

Leave that does not exceed 15 days must be continuous.
If the annual leave exceeds 15 days, it can be divided upon agreement between the worker and the employer.
One fraction of the leave must amount to at least 15 continuous days.
Labour Code §L.156

Special categories


» Young workers

Young workers and apprentices under 18 years of age on the first day of their leave departure date are entitled, upon their request, to a minimum of 24 leave days (including non working days) even if the length of their services is inferior to 12 months.

Young workers and apprentices between 18 and 21 years of age before leave departure date, are entitled, upon their request, to a minimum of 21 leave days even if the length of their services is inferior to 12 months. Additional leave days do not give rise to remuneration.
Labour Code §L.152, L.153

» Domestic work

Domestic workers are entitled to full paid annual leave in the conditions forseen in art. L.148 and following, of the Labour Code, at the rate of 2 and 1/2 days per month of effective service in the course of the reference period.
The annual leave pay shall be equal to 1/12 of the total remuneration perceived during the reference period.
Every extension of the duration of the legal leave imposed by the employer has to be notified to the worker at least 15 days before his/her return to work. This entitles the worker to a compensation proportional to the time of absence of the employer, including eventual in-kind payments.
If the worker gets sick during his/her annual leave and cannot return to work at the date established, s/he shall notify the employer as soon as possible of such state and indicate, through a medical certificate, the probable duration of such indisposition.
In the case of termination of the employment before the worker has acquired the right to leave, s/he is entitled to a proportional compensation with regards to the time of service provided.
A part from the case in the last paragraph, the annual leave cannot be replaced by a cash compensation.

The duration of the annual leave shall be increased:
- 2 working days after 15 years of continuous service or not for the same employer;
- 4 working days after 20 years of continuous service or not for the same employer;
- 6 working days after 25 years of continuous service or not for the same employer.
Decree n° 1655/MEFPT-SG regarding special provisions in the application of the Labour Code §D.86-22, D.86-23

» Parents

Mothers are entitled to 1 additional leave day per year for each child under 15 years of age.
Labour Code §L.155

» Part-time work

Part-time workers benefit from the legal and conventional provisions regarding maternity protection, termination of employment, annual leave, holidays and sick leave. However, all cash benefits shall be proportional to the working time and salary of the worker.
Order n°1566/MEFPT-SG regarding special provisions in the application of the Labour Code §A.133-6

PUBLIC HOLIDAYS


Work on Public Holidays


» Criteria

Holidays shall be those determined by law. A decree shall precise the practical modalities of remuneration of workers with regards to the legislation on holidays.
Labour Code §L.145

EMERGENCY FAMILY LEAVE

Within a limit of 10 days, exceptional leave, beyond that acquired as annual leave, can be conceeded to the worker to attend family events directly related to his/her household. However, exceptional leave conceeded to the worker, beyond that acquired as annual leave, can be deducted if such leave is not subject to compensation or recovery of the days of leave conceeded.
Labour Code §L.146

PART-TIME WORK


General provisions

In all establishments forseen in art. L.3, part-time work can be practiced. It shall be considered as part-time work, work that is performed in a 1/5 of the statutory working time or of the conventional working time for the branch or establishment.

Part-time work can be practiced after notice to the staff representatives and to the Labour Inspectorate.

An order from the Minister of Labour shall determine the modalities of application of part-time work.
Labour Code §L.133(1)(2)(4)

Limits

In all establishments forseen in art. L.3, part-time work can be practiced. It shall be considered as part-time work, work that is performed in a 1/5 of the statutory working time or of the conventional working time for the branch or establishment.
Labour Code §L.133(1)(2)

Annual leave

Part-time workers benefit from the legal and conventional provisions regarding maternity protection, termination of employment, annual leave, holidays and sick leave. However, all cash benefits shall be proportional to the working time and salary of the worker.
Order n°1566/MEFPT-SG regarding special provisions in the application of the Labour Code §A.133-6

Right to equal treatment


Right/scope

Part-time workers benefit from the same salary and other rights that a full-time worker would be entitled to, as well as all the rights compatible with the nature of their contracts, in way that they are proportional to the services performed.

Part-time worker are entitled to the right of organisation, collective bargaining and representation, as well as to health and safety at work. They cannot be subject to any type of discrimination with regards to employment or profession.
Order n°1566/MEFPT-SG regarding special provisions in the application of the Labour Code §A.133-3, A.133-4
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NIGHT WORK


Criteria for night work

Night work is work performed between 9 pm and 5 am.
Labour Code §L.141

Special categories


Young workers

Young workers cannot perform night work in industries.
Labour Code §L.186(2)

Domestic work

For domestic workers it is conssideres night work, the work performed between 9 pm and 5 am.
Decree n° 1655/MEFPT-SG regarding special provisions in the application of the Labour Code §D.86-19 a)

Women

Women cannot perform night work in industries.
Labour Code §L.186(2)

Results generated on: 20th April 2014 at 07:54:56.
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