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Mali - Compensation & Benefit Legislation

CAPITAL

Bamako

 

CLIMATE

Subtropical to arid climate; hot and dry from February to June; rainy, humid, and mild from June to November; and cool and dry from November to February.

 

LANGUAGES

French (official), Bambara 80%, and numerous African languages.

 

LEGAL SYSTEM

Mali’s legal system is based on French civil law system and customary law with judicial review of legislative acts in Constitutional Court (which was formally established on 9 March 1994). Mali has not accepted compulsory ICJ jurisdiction.

 

CURRENCY

Communaute Financiere Africaine Franc (1 USD = 723.430 XOF as of May 1, 2002).

Note - responsible authority is the Central Bank of the West African States.

 

MALI - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

MALI - EMBASSY/CONSULATES

U.S. Embassy at Bamako

Rue Rochester NY and Rue Mohamed V

B.P. 34

Bamako, Mali

Telephone: [223] 225470

Fax: [223] 223712

 

Embassy of the Republic of Mali at Washington D.C.

2130 R Street N.W.

Washington D.C. 20009

Telephone: (202) 332-2249

Fax: (202) 332-6603

Email: info@maliembassy-usa.org

http://www.maliembassy-usa.org/

 

MALI - HOLIDAYS

 

MALI - LEAVE

Maternity Leave: 14 weeks – 100% of pay (paid by social security).

 

MALI - MINIMUM AGE

The Labor Code permits children between the ages of 12 and 14 to work up to 2 hours per day during school vacations with parental approval. Children between the ages of 14 and 16 may work up to 4 1/2 hours per day with the permission of a labor inspector, but not during nights, holidays, or Sundays. Children between the ages of 16 and 18 may work in jobs that physically are not demanding; boys may work up to 8 hours per day and girls up to 6 hours per day.

 

(Section 6.d. Acceptable Conditions of Work, Mali – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

MALI - MINIMUM REMUNERATION

The national minimum wage rate, set in 1994, is 29,000 CFA francs per month (approximately $40).

 

(Section 6.e. Acceptable Conditions of Work, Mali – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

MALI - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

MALI - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)

Section 6 Worker Rights

 

a. The Right of Association

 

The Constitution and the Labor Code specifically provide for the freedom of workers to form or join unions and protect freedom of association. Only the military, the Gendarmerie, and the National Guard are excluded from forming unions. Virtually all salaried employees are organized. Workers have established independent unions for teachers, magistrates, health workers, and senior civil servants, and most are affiliated with the National Union of Malian Workers (UNTM) confederation. The UNTM has maintained its autonomy from the Government. There are two major labor federations, the UNTM and the Syndicated Confederation of Malian Workers (CSTM).

 

The Constitution provides for the right to strike, although there are restrictions in some areas. For example, civil servants and workers in state-owned enterprises must give 2 weeks' notice of a planned strike and must enter into mediation and negotiations with the employer and a third party, usually the Ministry of Labor. The Labor Code prohibits retribution against strikers, and the Government respects this requirement in practice.

 

During the year, the Government negotiated with all labor unions a social pact intended to encourage more discussions between workers and employers, thus lessening the risk of strikes; however, during the year, railroad and cotton parastatal workers went on strike. Both strikes were mediated, and the parties signed agreements for better working conditions. In March National Police officers participated in a 3-day national strike to protest low pay rates, unsafe working conditions, and low housing allowances.

 

In June in Bamako, bus drivers attacked the police following the death of a bus driver; the drivers agreed to use union funds to pay for repairs to traffic lights and other public facilities damaged in the riots (see Section 1.c.).

 

The International Labor Organization (ILO) requested that the Government amend Section 229 of the 1992 Labor Code to restrict the Minister of Labor's authority to impose arbitration to end strikes that were liable to cause an acute national crisis. The Government noted in its report to the ILO that it was undertaking an in-depth, tripartite discussion on Section 229 to make the legislation fully consistent with the principles of freedom of association; at year's end, the review was ongoing.

 

Unions are free to associate with and participate in international bodies. The union representing salaried employees regularly participated in programs sponsored by French labor unions. Other unions have participated in various programs sponsored by international unions.

 

b. The Right to Organize and Bargain Collectively

 

The growth of independent unions has led to more direct bargaining between these unions and their employers. However, wages and salaries for workers belonging to the UNTM unions are set by tripartite negotiations between the Ministry of Labor, labor unions, and representatives of the federation of employers of the sector to which the wages apply. Civil service salary levels are pegged nationally to an index established by the Government. These negotiations usually set the pattern for unions outside the UNTM. The Ministry of Labor acts as a mediator in labor disputes.

 

Neither the Constitution nor the Labor Code addresses the question of antiunion discrimination, but there have been no reports or complaints of antiunion behavior or activities. If the parties cannot come to agreement, the dispute goes to the Labor Court for decision.

 

There are no export processing zones.

 

c. Prohibition of Forced or Compulsory Labor

 

The Constitution prohibits forced or compulsory labor; however, there were reports that such practices occurred.

 

The law prohibits the contractual use of persons without their consent; penalties include a fine and hard labor. The penalties increase significantly if a minor, defined as someone under 15 years of age, is involved.

 

There were some reports that the de facto slavery long reported to have existed in northern salt mining communities has evolved to wage labor in recent years; however, reliable current evidence about labor conditions in those remote facilities remained unavailable. Hereditary servitude relationships link different ethnic groups, particularly in the north. For example, there is a hereditary service relationship between members of the Bellah ethnic group and other Tuareg populations.

 

The law prohibits forced and bonded labor by children; however, organized traffickers sold Malian children into forced labor in Cote d'Ivoire (see Section 6.f.).

 

d. Status of Child Labor Practices and Minimum Age for Employment

 

The Labor Code has specific policies that pertain to child labor; however, these regulations often are ignored in practice. The Labor Code permits children between the ages of 12 and 14 to work up to 2 hours per day during school vacations with parental approval. Children between the ages of 14 and 16 may work up to 41/2 hours per day with the permission of a labor inspector, but not during nights, holidays, or Sundays. Children between the ages of 16 and 18 may work in jobs that physically are not demanding; boys may work up to 8 hours per day and girls up to 6 hours per day.

 

The Labor Code has no effect on the vast number of children who work in rural areas, helping with family farms and herds, and on those who work in the informal sector, for example, as street vendors. These children are not protected by laws against unjust compensation, excessive hours, or capricious discharge.

 

Child labor predominates in the agricultural sector and, to a lesser degree, in craft and trade apprenticeships, and cottage industries. Apprenticeship, often in a family member's or a parent's vocation, begins at an early age, especially for children unable to attend school.

 

The authorities enforce the Labor Code provisions through the use of labor inspectors from the Ministry of Employment, Public Service, and Labor who conduct surprise inspections and complaint-based inspections; however, resource limitations restricted the frequency and effectiveness of oversight by the Labor Inspection Service, and the Service operated only in the modern sector.

 

The Programme National de Lutte contre le Travail des Enfants au Mali, led by the International Program for the Elimination of Child Labor (IPEC)-Mali, was responsible for investigating abusive forms of child labor. IPEC relied on labor inspectors appointed by the Government in Bamako and in regional offices in the country. IPEC also was assisted by NGO's combating child labor and government regional offices in charge of the promotion of women and children. Government resources include inspectors, NGO's, and IPEC funding. There was no predetermined number of inspections per year; however, investigations were held when information was provided by NGO's or the media that there was an instance of abusive child labor.

 

The law prohibits forced or bonded child labor; however, children were sold into forced labor abroad by organized traffickers, and apprenticeship begins at an early age (see Section 6.f.). There were reports that children were kidnaped, sold into de-facto slavery, and made to work on coffee and cocoa plantations in Cote d'Ivoire. Some children were sold into forced labor by their parents; reportedly the children were beaten if they tried to escape. In August the Government introduced travel passes for children to try to prevent their being taken abroad to work illegally; however, the measures have been criticized for leading to the arrest of innocent travelers.

 

e. Acceptable Conditions of Work

 

The Labor Code specifies conditions of employment, including hours, wages, and social security; however, in practice many employers either ignore or do not comply completely with the regulations. The national minimum wage rate, set in 1994, is approximately $40 (29,000 CFA francs) per month. Workers must be paid overtime for additional hours. The minimum wage does not provide a decent standard of living for a worker and family. The minimum wage is supplemented by a required package of benefits, including social security and health care. While this total package could provide a minimum standard of living for one person, in practice most wage earners support large extended families and must supplement their income by subsistence farming or work in the informal sector.

 

The normal legal workweek is 40 hours (45 hours for agricultural employees), with a requirement for at least one 24-hour rest period. The Social Security Code provides a broad range of legal protection against hazards in the workplace, and workers' groups have brought pressure on employers to respect parts of the regulations, particularly those affecting personal hygiene. However, with high unemployment, workers often are reluctant to report violations of occupational safety regulations. The Labor Inspection Service of the Ministry of Labor oversees these standards but limits enforcement to the modern, formal sector. It was not effective in investigating and enforcing workers' safety and was funded insufficiently for its responsibilities. Workers have the right to remove themselves from dangerous work situations and request an investigation by the Social Security Department, which is responsible for recommending remedial action where deemed necessary.

 

The law protects legal and illegal foreign workers. Persons illegally in the country are not allowed to work; however, if they are given a job, they have the same protections as legal workers.

 

f. Trafficking in Persons

 

On June 29, Parliament approved a law that would make child trafficking punishable by 5 to 20 years in prison. There also are laws that prohibit the contractual use of persons without their consent; however, children are trafficked for forced labor in Cote d'Ivoire. An estimated 15,000 Malian children between the ages of 9 and 12 have been sold into forced labor on cotton, coffee, and cocoa farms in northern Cote d'Ivoire over the past few years; an even greater number have been pressed into domestic service. Organized networks of traffickers deceive the children and their families into believing that they will be given paid jobs outside of their villages. They then are sold to plantation owners for sums ranging between $20 and $40 (14,500 and 29,000 CFA francs). The children reportedly are forced to work 12 hours per day without pay, and often they are abused physically.

 

Penalties for violations of the law prohibiting forced contractual labor include a fine or hard labor. Penalties increase if a minor is involved; however, these penalties were not applied during the year. The problem of trafficking is handled by both the Ministry for the Promotion of Women, Children, and the Family and the Ministry of Employment, Public Services, and Labor. Both ministries in coordination with the Ministry of Foreign Affairs and the Ministry of Territorial Administration have developed a program to identify and rehabilitate victims, educate the population, and strengthen the legal system with regard to the movement and trafficking of minors. Welcome centers have been set up in Mopti, Sikasso, and Bamako to assist child trafficking victims in returning to their families. During the year, the Ministry of Labor selected a coordinator, Almoustapha Toure, who specifically will handle child trafficking issues, as opposed to general child labor issues.

 

MALI - SOCIAL SECURITY

Social Security Office of International Programs:

 

http://www.ssa.gov/SSA_Home.html

 

MALI - STANDARD WORKWEEK

The normal legal workweek is 40 hours (45 hours for agricultural employees), with a requirement for at least one 24-hour rest period. Workers must be paid overtime for additional hours.

 

(Section 6.e. Acceptable Conditions of Work, Mali – Report of Human Rights Practices, 2001, U.S. Department of State.)