Summary/citation: According to the article L.1 al.2 of the Malian Labour Code, any person who is engaged in a professional activity for remuneration, under the direction and authority of another natural or legal person, public or private entity, secular or religious, called employer is regarded as a worker, regardless of sex or nationality.
Restrictions / obligations: Every worker who meets the criteria of the article L.1 al.2 of the Law N ° 92-020 of 23 September 1992 on the Labour Code of the Republic of Mali has to benefit from the protection regarding occupational safety and health.
Remarks / comments: The fundamental remark is that this text did not take self-employed workers into account but only contented itself with workers submitted to the legal subordination's link to the extent that these latter must be under the direction, supervision and authority of the employer.
However, it shall be noted that the law does not totally exclude the self-employed workers from the occupational safety and health field to the extent that the law N ° 99-041 of 12 August 1999 on the Social Welfare Code in the Republic of Mali, in particular the article 65 gives them the opportunity to insure themselves voluntarily.
Indeed, according to this text, the ability to voluntarily insure is given to people who are not regarded in the article 64 of the Social Welfare Code.
• Loi n° 99-041 du 12 août 1999 portant Code de Prévoyance Sociale. (Art. 65)
• Loi n° 92-020 du 23 septembre 1992 portant Code du travail en République du Mali. (Art. L.1 al.2)
Related CEACR Comments
• Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
