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Burkina Faso

Labor Code

Law No. 98-750 of December 23, 1998

Summary

Titre 1 - Dispositions générales .................................................................................................1

Title 2 - Employment, placement, training, and professional guidance...............2
Title 3 - Professional Relationships
Titre 4 - Les conditions générales du travail............................................................................24
Titre 5 - L’hygiène, la sécurité et la médecine du travail ........................................................38
Titre 6 - Les institutions professionnelles................................................................................42
Titre 7 - Les différends du travail ............................................................................................47
Titre 8 - Les organismes et moyens d’exécution .....................................................................57
Titre 9 - Les pénalités ..............................................................................................................60
Title 10 - Transitional and Final Provisions

Title 1 - General provisions

Art.3.- This law prohibits any dis-
discrimination in employment and pro-
Article 1.- This law applies to By discrimination, it is understood:
workers and employers exercising • 1° any distinction, exclusion or pre-
their professional activity in Burkina reference based on race, color,
Faso. sex, religion, political opinion,
national ancestry or origin so-
Article 2 - Is considered a worker, slight, which has the effect of destroying or
in the sense of this law, regardless of to alter equality of opportunity or to
its gender and nationality, any person employment or related matters
who has committed to putting her professional activity profession ;
professional for compensation, under • 2° any other distinction, exclusion or
the direction and authority of a person, preference resulting in destruction
physical or moral, public or private, or to alter equal opportunities or
called employer. For the determination treatment in employment matters or
of the quality of the worker, he is not held profession.
does not account for the legal status of
neither that of the employer, nor that of the employee.

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Art. 4.- Public service agents, and the control of public authorities and
judges and soldiers are not that the said individual shall not be granted or
subject to the provisions of this law. made available to individuals,
companies or legal entities pri-
Article 5 - Forced or compulsory labor is vées ;
absolutely prohibited. • 4° any work or service required in the
force majeure cases and in general, of
The term "forced or compulsory labor" any circumstance endangering
re" refers to any work or service required or risking putting lives in danger
of an individual under the threat of a penalty or the normal conditions of existence
any and for which the said individual does not of all or part of the community.
was not offered willingly.
The works or services cannot be
No one can resort to it in any form required from able-bodied adults whose age
notably: is not presumed to be under eighteen years old
• as a measure of coercion or is over forty-five years old.
of political education or as
sanctions against individuals who have
express certain political opinions Title 2 - Employment, placement, the
training and professional orientation
• as a method of mobilization and
sionales
use of labor for
ends of economic development;
• as a disciplinary measure of the Chapter 1 - Employment, Training and
work career guidance
• as a measure of discrimination
social, racial, national or religious
se ; Art.7.- The public service in charge of
• as a punishment for participating- employment, training and
foot to strikes. career guidance can receive
job offers and demands and ensure
Art.6.-Is not considered as work placement operations on request
forced or mandatory in the sense of this of employers, of workers and of
law : job seekers.
• 1° any work or service required from a
individual under national laws Art.8.-Public institutions of
on military service and assigned to some the State, enterprises with public participation
works of a purely military nature what are the projects funded by public funds
Tire; public officials are required to proceed with the publica-
• 2° any work or service resulting from the management of vacant job positions and
normal civic obligations of citizens to organize recruitment tests.
toys;
• 3° any work or service required of a Art. 9. - No one may, except with prior authorization
individual as a consequence of a joint meeting of the ministers in charge of
conviction pronounced by a decision- work, foreign affairs, of the
judicial sanction, on the condition that this security, carry out operations
work shall be carried out under supervision collective commitment of workers on

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the entire expanse of the territory of Burkina provision of information, without however
Burkina Faso, with a view to their employment abroad aim to bring an offer closer to
this territory. a specific request.

Article 10 - Vocational training is Art.14.- Is considered as entrepreneur-

the set of activities aimed at ensuring temporary work agency, any person
the acquisition of knowledge, of quali- physical or moral whose main activity
qualifications and skills necessary for pale is to make available
to practice a profession or a function of users, of workers in function
with skill and efficiency. of an agreed qualification, that it
require and reimburse.
A decree taken in the Council of Ministers
fix the conditions of professional training Article 15 - The activities referred to in Article 12
sional. above can only be exercised by
natural or legal persons having
Art.11.- The National Employment Council andduly obtained an authorization issued by the
is responsible for vocational training Minister responsible for labor.
employment and training questions
professional. Art.16.-Any natural person or mo-
a person wishing to proceed with the opening of a
A decree taken in the Council of Ministers agency or private placement office or
create a National Employment Council and of a temporary employment agency must
la formation professionnelle et fixe son meet the conditions set by the minister
organization, its responsibilities and its function in charge of work through regulatory means
operation. .

Article 17 - Private offices or offices of

Chapter 2 - The Placement placement and temporary employment companies
employers should not subject workers to
their no discrimination based on the
Article 12 - The opening of bu is authorized. race, color, gender, religion
reaux or private placement offices and political opinion, national ascendancy,
temporary employment agencies. social origin or any form of discri-
recognized determination.
Article 13 - Is considered as an activity of
private placement, the act for any person- Article 18 - The private offices or agencies of
whether physical or moral, to serve placement and temporary employment companies
through an intermediary to find a job at plaintiffs must bear the burden of
any job seeker or a worker job seekers directly
to an employer, drawing from this opera- or indirectly, in whole or in part, nor ho-
tion a material and/or financial profit, di- fees, nor other charges.
direct or indirect.
Derogations to the provisions of
Is considered as an investment activity The previous paragraph may be authorized.
private, the act for any individual for certain categories of workers and
or the moral of engaging in activities that have for specifically identified services
job search, such as the Fies, after consultation with the Advisory Commission-

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work, by the minister in charge of • is the adaptation of the intern to a em-

work. job or a type of employment;
• that is the acquisition of a qualification
Article 19 - In case of strike or lock-out recognized or in the process of being recognized
triggered in accordance with the procedure in the form of a title or a diploma
for the settlement of collective disputes of the tra- technical education or
Vail, the placement operations concern of a specialized school or even
among the companies affected by this of a qualification recognized by a
workstations are immediately inter- collective agreement or defined by a
breaks. professional employers' organization.

The list of said companies is furthermore

displayed in the designated area for the Section 3 - Terms of Conclusion of the
employers and job providers. internship contract

Article 23 - The internship contract is concluded

Chapter 3 - The internship contract absolutely before the intern's entrance
in the company. It is noted in writing
in the official language under penalty of nullity
Article 20 - As part of the promotion of light.
employment and vocational training
An internship contract is planned. The other substantive and formal conditions,
the effects of the internship contract as well as the
the obligations of the parties are governed by the
Section 1 - Definition of the sta contract Minister responsible for labor through regular means
ge comment after the Commission's opinion
labor consultation.
Article 21 - The internship contract is a
convention under which a tutor The internship contract is exempt from all
commits to giving or having give to a stamp and registration duties.
person called intern training
professional practice in order to make it
acquire experience and skills Chapter 4 - The apprenticeship contract
professionals to facilitate access to
a job and its integration into the environment
professional. Section 1 - The nature and form of
apprenticeship contract

Section 2 - Purpose of the internship contract Article 24 - The apprenticeship contract is this-
him through which a person, called mas-
Article 22 - The internship contract aims to: three, is obliged to give or to have given a
• it is the initiation to professional life methodical vocational training at
in order to allow the trainee to de- another person called apprentice, and by
cover the life of the company, of development- which this one binds itself in return to
develop his skills at work and conform to the instructions he receives and to
to acquire a professional qualification execute the works entrusted to him
sional; in view of its learning.

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what is imposed a percentage

The contract must be established in writing, under of apprentices in relation to the total number of
penalty of nullity. workers.

It is written in the official language and if pos-

possible in the language of the apprentice. Section 2 - The conditions of the contract
of learning
It is exempt from all stamp duties and
registration. Article 28 - No one may receive apprentices.
minors, unless he himself is of age.
Article 25 - The apprenticeship contract is
established taking into account the uses and ... Art.29.-No master, if he does not live in family
you take from the profession. the or in community, cannot lodge in his
personal residence or in his workshop, some
Il contient en particulier : minor apprentices.
• 1° last name, first names, age, profession,
master's residence or the social reason Art.30.- Cannot receive learners-
the yes, the individuals who have been convicted,
• 2° the name, first names, age, address of either for crime, or for offense against the
the apprentice morals, or for any other offense to a punishment
• 3° the name, first name, profession and at least three months of imprisonment.
residence of the father and mother of
the apprentice, from his tutor or the per-
sun authorized by the parents or to de- Section 3 - The duties of the master and of
made by the administrative authority or apprentices
competent jurisdiction;
• 4° the date and duration of the contract; Art.31.-The master must treat the apprentice fairly.
good father of the family. In the event that
• 5° the conditions of remuneration, of
food and housing of the apprentice lives with the master's family, he
the apprentice must provide him with the best conditions
• 6° the indication of professional courses possible housing and food.
that the head of the establishment commits
to be forwarded to the apprentice, either in If the apprentice cannot read and write well and
the establishment, either outside. to count, the master is obliged to grant him
the time and freedom necessary for his
Article 26 - The other substantive conditions and This time is dedicated to
the apprentice according to an agreement concluded between the
in terms of the form and effects of this contract, as well
the cases and the consequences of its resi- parties but cannot exceed a duration
the relationship and the control measures of it calculated on the basis of two hours per
execution is set by regulatory means working day.
after advice from the consultative Commission
Art.32.-The master shall not employ the apprentice,
and work.
to the extent of its strength, that to the tra-
Art.27.-The minister responsible for labor, values and services related to
after consultation with the Advisory Commission the exercise of his profession.
work, determines, by regulatory means
stair, the categories of companies in the-

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Article 33.- The master must inform, without re- Art.37.-All new contract
delayed, the parents of the apprentice or their re- concluded learning without binding them
representatives in case of illness, absence the terms of the previous contract were not rem-
or any other fact likely to motivate completely, or without it having been
their intervention. legally terminated, is null and void by operation of law.

Article 34.- The teacher must teach to

the apprentice, gradually and completely- Title 3 - Relationships
the job or profession that does professional
the object of the contract.

He delivers it to him at the end of the apprenticeship,

Chapter 1 - Common Provisions
a certificate or a document attesting
the execution of the contract.

Section 1 - The general principles

Article 35.- The apprentice owes to his master, in
the framework of learning, obedience and Article 38 - Employment contracts are entered into
respect. He must help him, through his work in freely.
the measurement of his abilities and strengths.
Is considered as an employment contract
The apprentice is required to complete, at the end
any written or verbal agreement, by the-
from learning, the time he could not what a person called a worker,
employer due to illness or commits to putting its professional activity
of absence of more than fifteen days. for payment, under the
direction and authority of another person
The remuneration conditions of physical or moral, public or private
the apprentice are determined by way of re- called employer.
regulatory.
The existence of the contract is established, under
The apprentice whose learning time subject to the provisions of articles 63, 64
it's over, take an exam in front and 71 below, in the forms that it
the body designated by regulatory means suitable for the contracting parties
Concerning the professional competence certificate to adopt. Proof can be provided
is issued to the apprentice who has taken the exam by all means.
successfully.
Article 39 - The written contract is exempt from
Article 36.- Notwithstanding the criminal penalties
all stamp and registration fees.
provided for in Title 9 of this law,
the hiring of young people tied by a Article 40 - The worker cannot engage his
apprenticeship contract, for students or services either on time or for a duration of
interns from schools and training centers subject to the execution of a work or a
professional training as workers and determined company.
employees, gives rise to damages
interests from the new employer at Art.41.-The minister responsible for labor, to
profit of the head of the establishment abandoned
exceptional title and for reasons
no. of an economic or social nature and notably
in the interest of health or

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public hygiene, has the ability to limit • provide the agreed work and at the location
or to prohibit certain hirings in agreed. He cannot demand work
given areas, through regulatory means, other than that provided for in the contract;
after consultation with the Advisory Commission • pay the salaries and allowances due in
work. virtue of regulatory texts,
conventional and contractual;
Art.42.-Regardless of the location of the • meet hygiene requirements and
conclusion of the contract and the residence of of security to the standards provided by the
either party, any contract of tra- current regulations;
valid conclusion to be executed in Burkina • treat the worker with dignity and
Faso is subject to the provisions of the ensure the maintenance of good morals
Present law. It is the same for everything. and to the observation of public decency
employment contract entered into to be executed prohibit all forms of violence
under the influence of another legislation and physical or psychic or anything else
don't the partial execution in Burkina Faso abuse due to work relationships,
exceeds a duration of three months. notably sexual harassment.

Art. 43 - Any collective hiring of Art.47.- Sexual harassment in the

workers by a unique contract or framework of work in order to obtain from others
team contract is prohibited. When a par ordre, parole, intimidation, acte, geste,
employers' collective hires a tra- threat or constraint, favors of nature
vailleur, un chef de file des employeurs Sexual harassment is prohibited.
must be clearly identified in the
employment contract. Sexual harassment by abuse of power
the authority conferred by a position is in-
Article 44.- The forms and modalities prohibited.
of the establishment of the employment contract and of
The terms of the trial commitment are set by means of Harassment is also prohibited.
regulatory, after advice from the Commission- sexual between colleagues as well as that exercised
consultative commission on labor. it is by people met in the
work framework that are not employed
by the employer of the victim such as
Section 2 - The obligations of the parties to suppliers or customers.
contract
Art. 48 - The employer must refrain from any
Article 45 - The worker must dedicate all his activities
discrimination of any kind
professional life in the company, except for sti- concerning access to employment,
Opposite population. It must in particular: working conditions, professional training
• provide the work for which he was professional, of maintaining employment or
hired, to execute it himself and with dismissal, particularly in relation to the
care; serological status and belonging to syn-
• obey one's hierarchical superiors; worker's dialect.
• respect the company's discipline and
to submit to the schedule and the consi- Article 49 - Any clause is null and void by right.
hygiene and safety rules. it is a contract deemed abusive and concerning
prohibition for the worker to work
Article 46.- The employer must:

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any activity upon expiration of the of the technique and the uses of the profes-
contract. sion.

Represents an unacceptable hindrance to freedom The duration of the trial is set at:
exercise of the professional activity of • eight days for workers whose
worker any clause of which the duration or the wage is set by the hour or by the day
the geographic scope is not justified or born
indispensable for the preservation of inter- • one month for employees other than
employer's rights. supervisory agents and executives;
• three months for supervisory agents
Art.50.-Disabled persons, do not and the executives.
can be occupied under the conditions
work norms, benefit from jobs In any case, the commitment to the trial
adapted or, if necessary, workshops can only be renewed once and
protected, as well as the right to a form of for the same duration.
specialized in the set conditions
by regulatory means, after consultation with the Article 53 - The extension of services
Advisory Commission on Labor. after the expiration of the commitment contract to
the trial, without there being any establishment
of a new contract, is equivalent to the
Chapter 2 - The employment contract conclusion of an indefinite duration contract
the essay born with effect from the date of the beginning of
the essay.

Article 51 - There is a trial engagement when Article 54 - Except for specific provisions
that the employer and the worker, with a view to planned expressly to contract
conclude a permanent employment contract, the trial engagement can be terminated at any time
verbal or written, decide in advance moment, without notice or compensation by the
to appreciate, notably, for the first, will of one of the parties.
the quality of the worker's services and his
yield, and for the second, the conditions Art.55.-The provisions of articles 67,
working conditions, living conditions, remuneration, 68, 70 to 77, 79 to 82, 84, 96 to 99, 101 to 107
of hygiene and safety as well as the climate the following do not apply, except
social of the company. contrary convention to contracts
of trial engagement that can be
The probationary engagement contract is cons- terminated without notice and without either party
must be in writing. Failing that the other party cannot claim to
from a written document, the contract is deemed to be a
a compensation.
permanent employment contract.

It can be included in a final contract. Chapter 3 - The employment contract

part-time
Article 52 - The probationary employment contract
cannot be concluded for a duration exceeding
laugh at the necessary deadline to put in Art. 56 - The part-time employment contract
the test the engaged personnel taken into account such is the employment contract whose duration

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execution is less than the weekly duration full right to the execution of a contract of trans-
legal weekly. valid for an indefinite duration.

Part-time work is paid at Art. 61 - The above provisions do not

proportional to the actual working time do not apply:
accomplished. • 1° to the worker engaged at the hour or at
the day for an occupation of
Article 57 - The part-time employment contract short duration not exceeding one day
tiel can be for a fixed term. It is born;
therefore concluded, executed and terminated in the • 2° to the engaged worker in complementary
same conditions as the employment contract staff adjustment to carry out the tasks
fixed term. born from a surplus of activities
the company;
It can be of indefinite duration. In this • 3° to the worker engaged to ensure the
case, it is concluded, executed, and terminated in the temporary replacement of a job
same conditions as those set for the the company's legal suspension light
permanent employment contract. the employment contract as defined
by Article 73 below;
• 4° to the worker engaged by the between
Chapter 4 - The employment contract at ... prices relevant to a sector of activity
determined network in which it is customary not to re-
run to the fixed-term employment contract
determined due to the characteristics-
Art.58.-The fixed-term employment contract when the activity performed, when
terminated is a contract whose term is the employment of these workers is by na-
specified in advance according to the will of the temporary break.
two parts.
The list of these sectors of activity is set.
Art.59.- Are assimilated to a contract to do- by regulatory means, after advice from the
determined rate: Advisory Commission on Labor.
• the employment contract entered into for
the execution of a specific work or Art.62.-The fixed-term contract does not
for the realization of a company may be concluded for a longer duration
whose duration cannot be prior two years for nationals and three years
assessed accurately; for non-nationals.
• the employment contract whose term is
subordinate to the occurrence of an event- The fixed-term employment contract
future and certain agreement whose date who is renewed more than once trans-
is not exactly known. in the form of a permanent contract.

Art.60.-The fixed-term employment contract Article 63 - The fixed-term employment contract

finished cannot be concluded with the same completion must be documented in writing.
company neither renewed more than twice it is deemed concluded for a duration
more than once. indeterminate.

The continuation of services beyond cases Article 64.- The fixed-term employment contract
provided for in the previous paragraph constitutes of finished for more than three months must be

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must be targeted and registered by

the competent authority after a visit to the ... Article 67 - It cannot be terminated before the end
worker's tale. to a fixed-term employment contract
if there is an agreement between the parties recorded by
The visa must be obtained by the employer written, of force majeure or of gross negligence.
before any execution begins In case of dispute, the jurisdiction com-
contract. detente appreciates.

If the competent authority is seized for the visa In case of early termination of the contract
has not made its decision known in a fixed-term, the employer is obliged
a period of fifteen days following receipt to notify the authority within fifteen days
from the visa application, the visa will be deemed in front of which the contract was concluded.
to have been granted.
The failure by one of the parties to
The omission by the employer or the refusal to provisions set out in the above paragraph 1
the labor inspector of the visa gives the gives rise to damages and interests.
null contract. The nullity of the contract opens responding to the harm suffered by the other
right for the worker to damages and party.
interests.
Article 68 - The arrival of the term of the contract
Article 65.- Notwithstanding the provisions of fixed-term work retains at pro-
Article 39 above, the visa of the contract of fits the worker the benefit of compensation
work of non-national workers is end of contract calculated on the same
subject to the payment of the fees of which my bases that the severance pay
the amount and payment terms as defined by the conventions col-
are determined by joint decree of the ministers electives.
Ministers responsible for work and finance.
Article 69.- It is prohibited to resort to a
Art.66.-The fixed-term employment contract contrat de travail à durée déterminée dans
completed can have neither for object nor the six months following a dismissal
to effectively provide sustainably a em- for economic reasons regarding
employment related to normal and permanent activity the positions eliminated as a result of this dismissal
of the company. cements.

In no case, a fixed-term contract

born cannot be concluded: Chapter 5 - The Employment Contract
• to replace a worker whose indeterminate root
contract is suspended due to a
collective labor conflict;
• to carry out specific work Art. 70.- The indefinite duration employment contract
dangerous actions that must be done the employment contract has been terminated
the subject of medical surveillance for an indefinite period.
special, in the sense of the regulation
related to occupational medicine, except Art.71.-Any seasonal contract, for the-
express authorization from the inspector of what the worker engages his services for
work within which must the duration of an agricultural campaign, com-
these works are to be carried out. commercial, industrial, or artisanal of which the

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the term is independent of the will of the starts running from the date of the
parties, is considered as a contract to delivery of the notification.
indefinite term, if it is renewed at
less once. The reason for the breakup must be included in the
notification.
In any case, the employment contract
seasonal worker that continues beyond the season- Article 75 - The duration of the notice period is set at:
becomes an employment contract at • eight days for workers whose
indefinite duration. salary is fixed per hour or per day
born
Upon resuming activities, the employer knows • one month for employees other than
sonnier takes priority and depending on supervisors and executives;
from their needs, the available workers • three months for supervisory agents
after the dead season. and the executives.

During the off-season, the worker knows Article 76.- During the notice period,
sonnier can engage his services with a the employer and the worker are bound to
other employer. respect for all mutual obligations
what is their responsibility.
Art.72.-The fixed-term employment contract
terminated is not subject to visa obligation In view of seeking another job,
toilet of the labor inspection or of the di- the worker benefits during the duration of the
work direction unless it concerns two business days notice of leave
contract requiring the installation of a tra- per week at full salary.
valuer outside of his usual residence or
regarding a foreign worker. In this The party regarding which these obligations
case, he is targeted under the same conditions the terms are not respected is exempted
that those set for the employment contract to observe the remaining notice period for
for a fixed term. courir, sans préjudice des dommages et
interests she deems good to request from the
Article 73 - The fixed-term employment contract competent jurisdiction.
finished can always cease by will
tea from one of the parties, subject to the res- However, in the event of dismissal and during-
expect the rules on notice, and, regarding that the dismissed worker is in
concerning the forms of dismissal, of the obligation to occupy immediately a
specific provisions concerning the li- new job, he can, after having informed
dismissal for economic reasons, of the employer, leave the establishment before
employee representatives, union representatives the expiration of the notice period without this having
and any other protected worker. to pay compensatory damages.
Art.74.-The termination of the employment contract at Art.77.-Subject to the provisions of
indefinite duration is subject to a article 76 above, any breach of the
notice given in writing by the party who permanent employment contract
take the initiative to break up. without notice or without the notice period
has been fully observed, brings
This notice is not subject to any obligation, for the party that has taken
suspensive or resolutory condition the initiative to pay the other party a

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notice indemnity whose amount corresponds • when the dismissal is motivated by

response to compensation and benefits the fact that the worker solicits, exercises-
of any nature that the treaty would have benefited he or she has served a mandate of representation
vailleur during the notice period which will not have workers' station;
was indeed respected. • when the dismissal is motivated by
the fact that the worker filed a
Art.78.-The termination of the employment contract at complaint or participated in proceedings
indefinite duration can however inter- engaged against an employer in rai-
come without notice in case of serious fault are alleged violations of the law
subject to the assessment of the legal national translation or presented a re-
competent authority. course against the administrative authorities
competent authorities;
Article 79 - In case of dispute regarding the mo- • when the dismissal is motivated by
In the event of dismissal, the employer is required race, color, sex, marital status
to bring before the competent jurisdiction, family responsibilities
the proof of the legitimacy of the alleged motives the religion, the political opinion,
guilty to justify the breakup. national ancestry or origin so-
worker's social security.
Any unfair dismissal gives rise to the
reintegration of the worker and in case 2) Due to the worker, when the resignation-
of opposition to reintegration, to the pay- sion was not notified in writing.
award of damages.
Art.81.-Le jugement doit mentionner ex-
However, if the worker believes that his pressingly the alleged reason by the party
his reintegration will cause him harm, who broke the employment contract.
the employer is required to pay him/her
damages Article 82 - The amount of damages
interest is set taking into account, in general,
Any abusive resignation results in of all the elements that can justify
damages. the existence and determine the extent of the pre-
causal judgment and in particular:
Art.80.- The termination of the contract is abusive • when the responsibility falls to the
particularly in the following cases: worker, from the harm suffered by
the employer due to non-performance
1) Due to the employer: of the contract;
• when the dismissal has not been no- • when the responsibility falls to
notified in writing; the employer, customs, and the nature
• when the invoked reason is inaccurate; committed services, seniority
• when the dismissal is motivated by services, the age of the worker and
the worker's opinions, his activity of acquired rights of any kind whatsoever
union, its membership or not to let it be.
a determined union, its sero-status
logic; These damages are not to be confused
• when the dismissal is motivated by nor with the compensation for non-compliance of
the pregnancy of the worker or the notice nor with the severance pay
birth of his child; and possibly provided for in the contract
or the collective agreement.

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Chapter 6 - The Piecework

Art.83.-If one of the parties wishes to put
end of the contract before the worker's departure
on leave, notification must be made to Art.85.-The taskmaster is a person
the other party fifteen clear days before the physical or moral that recruits a hand-
departure date. work necessary for the execution of a tra-
vail or the provision of certain services
In case of non-compliance with this provision for a flat fee as part of
the compensation representing the notice period from the execution of a written contract called
is increased by eight full days in this regard contract of subcontracting concluded with a
concerns hourly paid workers, to entrepreneur.
the day or the week and of a month in
as for the workers paid at The contract of subcontracting is filed at
month. the entrepreneur's initiative for inspection
of spring work, to the department in charge of
The same applies if the contract is terminated. the promotion of employment and to the institution
intervenes during the leave. in charge of social security.

Art. 84 - When a worker, having broken ... Art.86.-When the works are executed
He abused his employment contract by - in the workshops, stores, or construction sites of
once again offers its services, the new em- the entrepreneur, the latter is, in case
the employer is jointly responsible for of the insolvency of the contractor, replaced by this-
damage caused to the previous employer this one regarding his obligations to
in the following three cases: with regard to the workers up to
• when it is demonstrated that he is intervening amount of the contract for subcontracting.
in the poaching of the worker;
• when he hired the worker that he The injured worker has, in these cases, a ac-
already bound by an employment contract; direct action against the entrepreneur.
• when he continued to occupy the tra-
worth after learning that this der- Article 87 - The contractor is required to indicate his
was still linked to another em- quality of subcontractor, the name and address of
employer by employment contract. the entrepreneur, by means of a posted notice
apparently in each of the ate-
In the third case, the responsibility of liars, stores or construction sites used.
new employer is released if at the mo-
but where he was warned, the employment contract It must display, under the same conditions,
abusive termination by the employee the list of salary pay dates
has expired: workers for the period of the work.
• whether it is a fixed-term contract
completed, by the arrival of the term; He must necessarily address to
• whether it is a contract of indefinite duration the labor inspection of the jurisdiction, pre-
ended, by the expiration of the notice period or implementation of the contract for the task
if a period of fifteen days has passed Ronat, a statement specifying his name,
since the termination of the said contract. address and quality, the situation of each
its construction sites, accompanied by the posters
provided for in this article.

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Article 88 - The entrepreneur must display in the reorganization of the company, request
its offices and keep the list of tasks up to date for a worker to accept permanently
terms with which he has concluded a a job relevant to a lower category
contract. smile at the one where he is classified, the worker
has the right not to accept this ranking.
The contractor must communicate to If the worker refuses, the contract is considered...
the entrepreneur posts the paydays terminated as a result of the employer.
for the duration of the work. If the worker agrees, he is paid.
in the conditions corresponding to its
Art.89.-The subcontractor who does not apply the new job.
legislative, regulatory or dispositions
conventional, may be prohibited Article 92 - The fact for the worker
the exercise of his profession on a temporary basis to provisionally or temporarily ensure a
final or definitive, by decision of the minister job involving a higher ranking
in charge of the work. laugher in the professional hierarchy does not
it does not automatically confer the right
The application modalities of this to financial or other advantages
chapters are set by regulatory means audit employment.
after advice from the Advisory Commission
the work. The temporary position is notified to the
written worker with mention of the
rée qui ne peut excéder :
Chapter 7 - Amendment of the contract • one month for workers and employees;
of work • three months for executives, agents of
mastery, technicians and similar, except
in case of illness, accident monitored
Article 90.- The employer cannot impose a do not have the job holder or substitute
unforeseen change in the employment contract cement of this one for the duration
initial. Any substantial modification of of a leave or an internship.
The employment contract must take the written form.
it must be approved by the worker. In After this time period, and except for the cases mentioned herein
in case of refusal by the latter, the contract is above, the employer must settle definitively
considered as broken due to regarding the situation of the worker in question,
the employer. that is to say:
• reclassify it in the cor- category
Art.91.-When a worker accepts respondent to the new job held
to temporarily ensure, at the request of so far;
his employer, by necessity of service or • to restore his former duties.
to avoid unemployment, a job of a
category lower than the one in which it is classified, Art.93.-In case of illness, accident,
his salary and his previous ranking leave or internship of the holder, the temporary worker
must be maintained during the period perceives:
correspondent that cannot exceed six • after a month for the workers and em-
month. employees ;
• after three months for managers, agents
When an employer, for reasons of master's degree, technicians and equivalents;
linked to the economic situation leading to

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a compensation equal to the difference between • 1° in case of closure of

his salary and the minimum wage of the ca- the establishment due to the departure of
category of the new job he occupies in the employer under the flags or for
pending the allowances attached to the position. a compulsory period of instruction
military
Article 94 - The female employee in a state of • 2° during the duration of military service
pregnancy transferred to another position, due to of the worker and during the periods
from its state, retains the benefit of its mandatory military training
previous salary for the entire duration of to which he is bound;
in mutation. • 3° during the period of absence of
worker, in case of illness or
Art.95.-If a modification occurs non-work-related accident observed
in the legal situation of the employer, by medical certificate, limited duration to
notably by succession, takeover under one year, this deadline being extended until
a new name, sale, merger, replacement of the worker
fund transformation, incorporation • 4° during the period of unavailability
all employment contracts in force on the day of the worker resulting from an accident
of the modification that remains between the new- of work or an occupational disease
the employer and the staff of sional;
the company. • 5° during the employee's rest period.
beneficiary of the provisions of article 142
The termination of these contracts cannot inter- below;
come only in the forms and under the conditions • 6° during the unpaid leave of the employee-
provided for in this title as if the beneficiary of the provisions of
modification in the legal situation of article 144 or 153 below;
the employer had not intervened. • 7° during the strike or lock-out, if
these were triggered in the res-
The new employer is bound, in relation to aspect of the settlement procedure
workers whose employment contracts collective labor disputes;
subsistent, to the respect of the obligations that
the responsibility of the former employer as of the date
• 8° during the duration of the absence of
worker, authorized by the employer,
of the modification of the legal situation
under the regulations, some
of the latter. However, the new em-
collective agreements or accords
the employer is not subject to this obligation
individuals
when this modification occurs in
the framework of a judicial settlement procedure
• 9° during the suspension period;
judicial or liquidation of the assets of • 10° during the paid leave period,
the employer. possibly increased with deadlines
of the route and waiting periods and
departure ;
Chapter 8 - The Suspension of the Contract • 11° during the exercise period of a
of work political or union mandate and when
The unpaid leave authorization does not
may be granted;
Article 96 - The employment contract is suspended • 12° during the duration of the detention of
you : worker for political reasons;

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• 13° during the duration of detention of

worker who has not committed an error In case of technical unemployment and in the absence of
professional, and within the limit of six of collective agreement, the conditions
month of worker compensation are de-
• 14° during the duration of the detention of completed by regulatory means, after
worker, for the purpose of investigation and opinion of the advisory commission on the tra-
of judicial instructions for professional fault vail.
presumed professional and this, in the
six-month limit; The technical layoff is subject to
• 15° in case of force majeure and in the given to the consultation of the delegates of
a limit of five months, renewable once personnel.
only time. If at the expiration of the re-
indeed, the force majeure persists, it Article 98.- In point 1 of article 96 ci-
may proceed to the termination of above, the employer is required to pay to
employment contracts with payment of worker, within the normal limits of the pre-
force majeure is defined compensation equal to the amount of her
as an unforeseen event remuneration during the period of
ble, irresistible and insurmountable prevent the absence. If the contract is for a fixed term
sing one or the other of the parts in mined, the notice period limit to take into
employment contract to fulfill its obligations consideration is that fixed in the
tions ; conditions provided for contracts to
• 16° during the duration of the absence of indeterminate root. In this last case, the
worker, within a limit of three months, suspension cannot have the effect of pro-
to assist his sick spouse; roger the term of the contract initially agreed
• 17° during the off-season for the vu.
seasonal workers; during the
technical unemployment rate. Article 99.- In point 3 of Article 96
above, the remuneration of the worker of-
Only the suspension periods of his absence is established as follows,
contract targeted in cases 1, 6, 11, 12, 13, 14 taking into account his seniority in
15 and 17 above are not considered the company:
as service time for the determination • 1° less than one year of seniority:
nation of the seniority of the worker in • full salary for one month;
the company. • half-salary the following month.
• 2nd from one to five years of seniority:
For the determination of the right to leave • full salary for one month;
paid, the periods referred to are excluded • half-salary for three months
case 1, 6, 10, 11, 12, 13, 14, 15 and 17 here- following.
on top. • 3rd of six to ten years of seniority:
• full salary for two months;
Article 97 - Technical unemployment is defined • half-salary for three months
like the collective interruption of work following.
carried out by the staff of a company • 4th of eleven to fifteen years of seniority:
or of an establishment, resulting either from • full salary for three months;
accidental causes or a situation • half-salary the following three months.
unfavorable economic. It can be total
• 5° beyond fifteen years of seniority:
or partial.

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• full salary for four months; Dismissal

• half-salary for the next four months.
This is the end of the employment relationships
The total of the compensation mentioned above provoked by the employer.
represents the maximum of the sums to-
what can the worker claim The retirement
in a calendar year, regardless of the
name and the duration of his absences for This is the case where the working relationships
illness or accident during the said year end due to the worker's departure at
born. retirement.

7) Total incapacity for work as follows

Chapter 9 - The termination of relationships defined by the regulation.
of work
The death

Article 100 - The cases of termination of the relationship This is the case where the working relationships
work conditions are: end following the worker's death.

The cessation of agreement-parties Article 101.- Constitutes a dismissal for

economic motive for any dismissal
It intervenes following the mutual willingness. tué par un employeur pour un ou plusieurs
of the worker and the employer to put motives not inherent to the person of the tra-
end to the working relationships that exist in- value and result of a suppression or
three of them. job transformation or a modification
substantial modification of the employment contract,
2) Legal cancellation due to economic difficulties,
to technological changes or to
This is the case in which the relationships of internal restructuring.
work ends following the decision of
the competent authority. Art.102.-To attempt to avoid a dismissal-
economic reasons, the employer
3) The expiration of the fixed-term contract who envisions such a dismissal must
determined consult the employee representatives, if any
exists, and search with them in presence
This is the situation in which the from the labor inspector of the jurisdiction, all
employment relationships end because possibilities such as: the reduction of
the fixed-term employment contract has working hours, shift work,
reached the date set by the parties for the part-time work, tech unemployment
cessation of their relations. Unique, the restructuring of bonuses,
compensations and benefits of all kinds, see-
4) The resignation about the reduction of salaries.

It results from the worker's will to The employer is required to communicate to

unilaterally terminate relations with staff representatives and to the inspector of
work that binds him to his employer. work the information and documents birthed
necessary for the smooth conduct of the negotiations

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terms whose duration must not exceed you to suspend the implementation of
thirty clear days. his decision to terminate employment.

At the end of the negotiations, if an agreement is reached The employee delegates and the delegates
intervened, a report signed by the union representatives can only be dismissed if
parties and by the labor inspector specifies their job is eliminated. The employer is
the measures taken and the duration of their to obtain prior authorization from
validity. the labor inspector of the jurisdiction.

In the case where a worker refuses by Art.107.-In case of dispute over the mo-
written, to accept the measures referred to the burden of proof on the dismissals
the previous paragraph, he is dismissed with it is up to the employer.
payment of the compensatory allowance of
notice and severance pay Article 108 - Upon the expiration of the contract of...
in accordance with the current texts. Indeed, the employer is bound, under penalty of
damages and without prejudice
Art.103.-When pre-negotiations on-call duties, to deliver to the worker a
views of Article 102 above could not work certificate indicating exclusive-
reach an agreement or if, despite the measures- the date of his entry, that of his exit
contemplated measures, some layoffs tie, the nature and the dates of the jobs suc-
prove necessary, the employer must successively occupied.
establish the order of layoffs while considering
account of professional skills, of The work certificate is free of all
seniority and family responsibilities; stamp and registration duties alike
in any case, the order of layoffs if it contains the formula 'free from any in-
must prioritize skills engagement" or any other formula does not
professional. neither constituent nor obligation nor receipt.

Article 104 - In order to gather their opinions and

suggestions, the employer must communicate Chapter 10 - The convention
wrote, in writing to the employee representatives, work collective and the
the list of workers he proposes to collective labor agreements
laying off by specifying the criteria retained.

Art.105.-The staff representatives must- Section 1 - The nature and validity of the
come to send their written response in convention
a maximum period of eight clear days.
Article 109 - The collective agreement of the tra-
Art. 106 - The communication from vail is an agreement regarding the conditions of
the employer and the response of the delegates of work concluded between, on the one hand, the representatives
personnel are transmitted without delay to representatives of one or several unions or
Minister responsible for labor for any action professional work groups
that he considers useful to take within a timeframe of them, and on the other hand, one or more or-
eight days from the date of receipt employer trade union organizations or
tion; past this deadline and unless otherwise agreed all other employers' groups or
between the parties, the employer is no longer one or more employers taken individually
due to it.

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The agreement may mention provisions Any professional workers' union

positions more favorable to workers than or any employer who is not a party pre-
those of the laws and regulations in force. Entering into the collective agreement can lead to
She cannot deviate from the provisions. to be taken later.
public order defined by these laws and rules
glements. Article 113 - The collective agreement must
must be written under penalty of nullity. A decree
Collective agreements determine taken in Council of Ministers, after consultation with
their scope. This can the Consultative Commission on Labor,
be national, regional or local. end the conditions under which are
deposited, published and translated the agreements
Art.110.- The representatives of the organizations collective agreements as well as the conditions
union organizations or any other group- in which the memberships take place
professional professions targeted in Article 109 provided in the last paragraph of the article
above can contract on behalf of previous.
the organization they represent, under
the statutory provisions of this organization Collective agreements are applicable
session, a special deliberation of this except as otherwise provided, starting from the
organization or special mandates that day following the deposit under the conditions and
they are given individually by everyone at the places that will be indicated by the act re-
the members of this organization. regulatory mentioned above.

If not, in order to be valid, the agreement Article 114 - Are subject to the obligations
collective must be ratified by a deliberation from the collective agreement all the per-
special ration of the professional group(s) sounds that have signed it personally or
professionals. who are members of the signa organizations
terms. The agreement also binds the or-
Article 111 - The collective agreement is ap- organizations that adhere to it as well as all
applicable for a fixed period or those who, at any given moment,
for an indefinite period. When the come members of these organizations.
the agreement is concluded for a duration of
finished, its duration cannot exceed When the employer is bound by the clauses
five years. from the collective agreement, the provisions
the provisions of this agreement are binding on
However, in the absence of contrary stipulation, reports arising from individual contracts, except
the fixed-term contract that is due- more favorable arrangements for the tra-
expired continues to produce its ef- saviors.
done like a convention for an indefinite duration
finished.
Section 2 - Collective Agreements
Art.112.- The collective agreement must susceptible to being extended and the process-
to foresee in what forms and at what extension duration
it can be denounced, renewed
you revised. The collective agreement must Art. 115 - Collective agreements may
notably provide for the duration of the notice period which may be extended to one or more sec-
must precede the denunciation. determined activity areas on the national plan

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national, regional or local according to the procedure most notable professional groups
described in the provisions below. sentatives may be subject, where applicable, to
appeal before the administrative jurisdiction
Article 116 - The minister responsible for labor, competent.
on its own initiative or at the request of a
employers' trade union organizations The appeal must be filed within a time frame
ou de travailleurs les plus représentatives fifteen days after the publication of the
from the interested sector, convoked list.
that a joint committee placed under its
presidency or that of its representative, in In case of appeal, the file provided by the
view of the conclusion of a collective agreement the minister responsible for labor must understand
work elective. all the assessment elements collected
and the opinion of the labor inspection.
This joint committee includes, in
name equal, representatives of the organi- Art.120.- The collective agreements vi-
trade unions of the most workers seen in this section include
representatives of the sector of activities the provisions concerning:
stressed and representatives of the organi- • 1° the free exercise of the trade union right and
the most representative employer associations the freedom of opinion of workers;
or, failing that, employers. • 2° the salaries applicable by category-
professional networks;
Article 117 - Supplementary agreements • 3° the procedures for applying the principle
must be concluded for each of the main principle of non-discrimination aimed at
main professional categories or, in Article 3 of this law;
case of common agreement among several • 4° the execution modalities and rates
business sectors, for each of the overtime hours worked
main professional categories or de jour ou de nuit pendant les jours
for each of the branches. working days, Sundays and holidays
laughs;
They contain the working conditions • 5° the duration of the trial engagement and
specific to these categories or to these the notice period;
business sectors and are discussed by • 6° the staff delegates ;
the most representative trade unions • 7° the provisions regarding the pro-
representatives of the categories or branches in
revision procedure, modification and de-
ressées.
announcement of all or part of the
Article 118 - The Minister responsible for Labor
collective agreement;
• 8° the terms of application of the principle
published at the beginning of each year the list
principle of equal pay between
of unions or professional associations
male workforce and the hand
having a representative character.
of feminine work for a job of
equal value;
The elements of appreciation of the rep-
• 9° paid leave;
the representativeness of the trade union is
the professional elections. • 10° travel allowances;
• 11° when applicable, the allowances
Article 119 - The decision of the minister in charge of expatriation;
the work determining the unions or

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• 12° the passing class and the weight of • 10° when applicable, the terms of
luggage in case of movement of the train establishment of the guarantee referred to in
vailer and his family; chapter 4 of title 4;
• 13° seniority bonuses or the m- • 11° the part-time employment of certain-
advancement modalities by steps; the categories of staff and their
• 14° the terms of remuneration of remuneration conditions;
technical unemployment. • 12° the organization, management, and fi-
financing of social services and m-
Art.121.-Collective agreements can- social dic
may also contain, without this • 13° the special conditions of tra-
enumeration is limitative: vail; rolling works, works
• 1° the attendance and performance bonuses during the weekly rest and during
ment ; public holidays
• 2° compensation for professional expenses • 14° the conciliation procedures that
professionals and similar, the allowances of which are or can be re-
transport the collective labor disputes
• 3° the meal allowances for work- susceptible to occur between the em-
they have to take their meal on the employers and workers linked by the
workplace ; convention.
• 4° the general conditions of the remuneration
generation based on performance or to the commission The recognized optional provisions
each time such a mode of re- tools may be made mandatory by
remuneration is recognized as possible, inter- regulatory route.
generally or partially;
• 5° the compensation for penal works Article 122.- In the case where a convention
blistering, dangerous, unsanitary, dirty; collective regarding a branch
• 6° the hiring and binding conditions The determined activity was concluded on the
dismissal of workers, without national or regional plan, the conventions
the provisions provided may carry collectives concluded on the lower plan,
interference with the free choice of the union by regional or local, adapt this agreement
the worker; tion or certain of its provisions to
• 7° when applicable, the organization and the specific working conditions existing
functioning of learning and on the lower level.
of vocational training in the
framework of the sector of activity considered They can make provisions
dream news and more favorable clauses
• 8° the specific conditions of tra- to the workers.
veil of women in certain in-between
Art.123.- At the request of one of the organizations-
prizes located in the field
application of the convention; the most representative trade unions
seen or at the initiative of the minister in charge of
• 9° the special conditions of tra-
work, the provisions of the agreements
veil of adolescents in certain en-
collectives meeting the conditions de-
companies located in the field
completed by this section can
application of the convention;
to be made mandatory for all em-
employers and workers included in the
professional and territorial champion of the

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regulatory convention, after sion déterminée en s’inspirant des conven-

opinion of the Consultative Commission of the tra- existing collective actions.
vail.
This act can be taken as a profession
This extension of effects and sanctions determined or, where applicable, for a
from the collective agreement is done for the group of professions in which the
duration and under the conditions set forth by the aforementioned employment conditions are comparable. It
convention. can repeal collective agreements
conclusions prior to this law and
However, the minister responsible for labor where the provisions are contrary to the law
must exclude from the extension, after advice mo- and remained in effect pending
member of the Advisory Commission on the the establishment of new agreements.
void, the provisions that are in contradiction
action with legislative or regulatory texts Art.126.-All act regulatory
current regulations. It may, furthermore, in the of extension or withdrawal of extension must
same conditions, extract from the agreement be preceded by a consultation of the bodies
tion, without altering its spirit, the clauses professional stations and all per-
who do not respond to the situation of the or interested parties who need to do
business sectors in the field to know their observations within a timeframe
of the application considered. of thirty days.

Art.124.- The regulatory act provided for in The terms of this consultation are
Article 123 above ceases to have effect. determined by regulatory means.
when the collective agreement ceased
to be in effect between the parties as a result
of denunciation or non-renewal. Section 3 - Collective Agreements
of establishment
The minister responsible for labor may, after
reasoned opinion of the Advisory Commission Article 127 - Agreements relating to one or more
work, at the request of one of the par- certain determined establishments can
signatories or on its own initiative, to be concluded between, on one hand, a...
report the regulatory act for the purpose of employer or a group of employers,
end the extension of the agreement and, on the other hand, organizations of tra-
collective or certain provisions, stakeholders present in the establishment or
when it appears that the convention or the interested establishments.
the considered provisions do not respond
more to the situation of the branch or branches Establishment agreements aim to
of activity in the territorial field I am adapting to the specific conditions.
déré. of the establishment or establishments
considered, the provisions of the agreements
Art. 125.- A regulatory act of the minis- national, regional or collective actions
the work load, taken after consultation with the locales and notably the conditions
Advisory Commission on Labor, can, of attribution and the method of calculating the re-
in default or pending the establishment performance-based compensation, bonuses for the
of a collective agreement, regulate individual and collective production and
the working conditions for a profes- prime to productivity.

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They can anticipate new arrangements.

wishes and clauses more favorable to Article 130 - Workers' associations
workers. or employers bound by a convention
collective or an agreement provided for in Article
In the absence of collective agreements 127 above, are required to ensure it
national, regional or local, the agreements good execution and to do nothing that is
Establishments can only concern themselves with likely to compromise it.
the determination of salaries and benefits
of salaries, except for exceptions granted by Art.131.-The groups linked by a
the minister responsible for labor. collective labor agreement or its ac-
cord provided for in article 127 above, capa-
The provisions of Articles 111, 112, 113 to bring legal actions, can in their name
and 114 above apply to the agreements neat, file a lawsuit for damages
provided for in this article. interests to all other groups, to their
own members or any related person
by the convention or the collective agreement
Section 4 - Collective Agreements of establishments that violate them engage
in services, businesses, and establishments contracted commitments.
public statements
Art.132.-Those connected by a
Art.128.-When the staff of the service- collective agreement or an agreement provided for in
these, businesses and public establishments the parties mentioned in article 127 above may initiate a
is not subject to a legislative status or action for damages against the
specific regulatory, agreements other people or related groups
collectives can be concluded according to by the convention or the agreement that violates
in accordance with the provisions of this chapter their regard for the contractual commitments.
three.
Art. 133 - The groups that are connected
The status of personnel in services, in- by the collective agreement or the agreement
enterprises and public establishments will be provided for in Article 127 above, capable
targeted by the labor services before their to bring to justice, can exercise all
implementation. the actions that arise from this agreement
or of this agreement in favor of one of their
Article 129 - When a collective agreement members, without having to justify a reason
has been the subject of a regulatory act for of the interested party, provided that the latter has
such extension taken in application of was warned and did not declare opposition to it.
Article 123 above, it is, in The interested party can always intervene at
in the absence of contrary provisions, apply the instance initiated by the consortium.
cable to services, companies and establishments
public settlements targeted by this sec- When an action arises from the agreement
tion that, due to their nature and their a collective or an agreement is initiated either
activity is located within its field by a person or by an association,
of application. any grouping capable of taking legal action
whose members are bound by the agreement
tion or by agreement, can always intervene-
Section 5 - The execution of the agreement come to the proceedings engaged due to
collective

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the collective interest that the solution of the dispute time, by task or by pieces, cannot
can present for its members. exceed forty hours per week and
eight hours a day.

Chapter 11 - The Internal Regulations In agricultural operations, the hours

of work are based on two thousand four
hundred hours per year. The legal weekly duration
Article 134 - The internal regulations are established weekly following the seasons is set,
by the CEO. within this limit, by regulatory means
after consultation with the Advisory Commission
Its content is limited exclusively to work.
rules related to technical organization
to work, to discipline and to prescriptive Art.136.- The hours worked beyond
questions regarding hygiene and safety the legal weekly duration gives rise
necessary for the proper functioning of to a salary increase.
the company.
The execution methods and the rate of
All other clauses that may arise overtime worked during the day
and figures, particularly those relating to the or at night, during working days, the
remuneration, will be considered as Sundays and public holidays are set by
null and void by right, subject to the dis- the collective agreements, failing that, by
positions of the last paragraph of article 184 regulatory pathway, after the opinion of the Com-
below. consultative working mission.

Before enforcing it, the chief However, exemptions may be

the company must communicate the rule decided by regulatory means, after consultation
internal meeting with employee representatives, from the Consultative Commission on Labor.
if it exists, and to the labor inspection
who must demand the withdrawal or modification Art. 137 - Regulatory acts of the mid-
provisions contrary to the laws and regulations minister in charge of work taken after consultation of the
regulations in force. Advisory Commission on Labor, de-
ending by business sector and by ca-
professional category, if applicable, the
Title 4 - The General Conditions modalities of application of the duration of the tra-
of work validity and exemptions, as well as the duration
maximum of overtime hours that
can be carried out in case of work
Chapter 1 - The duration of work urgent or exceptional and of work sai-
sonniers.

Section 1 - The legal duration

Section 2 - Le travail de nuit et le travail
Art.135.- In all public establishments posted
public or private, even for education or
charitable, the legal duration of work Art.138.- The hours during which the
of employees or workers of one or work is considered night work
the other sex, of all ages, working on are set by regulatory means.

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to be considered as a cause of rupture

Article 139 - Is considered as work contract.
posted, the organization in which a salary-
rié performs his daily work of a In anticipation of her delivery, the woman
only treat. The pregnant woman is entitled to maternity leave.
of fourteen weeks, at the earliest eight
The continuity of the position, the system weeks and at most four weeks
of work organization are determined before the presumed date of delivery,
by regulatory means, after advice from the whether the child is born viable or not.
Advisory Commission on Labor.
Maternity leave can be extended
three weeks in case of illness due to
Section 3 - The work of women complaint observed and resulting from the pregnancy
or diapers.
Art.140.-The working woman cannot
to be assigned to work likely to During this period, the employer cannot
to impair his ability to reproduce pronounce his dismissal. He cannot in
tion or, in the case of a woman in a state of beyond, even with his agreement, to employ it
pregnancy, to her health or that of the child. woman in the six weeks that follow
her childbirth.
The nature of work prohibited to women
is determined by regulatory means During these fourteen weeks the woman has
after advice from the Advisory Commission right, at the expense of the institution of security
of work. social security, for childbirth expenses in
a public or accredited health training
Article 141 - A regularly employed woman by the State and, if applicable, to the care of
element in a job recognized by the authority as well as the salary subject to contributions
competent as dangerous for health adjustment to the social security system that it
she has the right, when she is pregnant, to be was perceived at the time of the suspension of
transferred without a reduction in salary to another contract, the portion of the salary not subject to
work not detrimental to his condition. the contribution being the responsibility of
the employer.
This right is also granted in some
individual cases, to any woman who produces During this period, she maintains the
a medical certificate indicating that a right to benefits in kind.
change in the nature of his work
is necessary in the interest of his health and Any contrary agreement is null and void.
from that of her child. full right.

The work of women remains governed by the Art.143.-During a period of fifteen

provisions of international agreements month from the resumption of work, the
the ratified. Mother is entitled to breaks for breastfeeding.
The total duration of these breaks cannot exceed
Art. 142 - Any pregnant woman, whose be an hour and a half of work per day.
the state has been duly established, has the right to
suspend work following medical advice
without this service interruption

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The breaks for breastfeeding are counted. In case of force majeure, it may be derogated
in the duration of work and compensated as held accountable for this prohibition for individuals
tel. aged over 16 years.

Article 144.- The female wage worker, Article 147 - The minimum age for admission to
who desires it can obtain it from his em- any type of employment or work should not
employer an unpaid leave of a duration be under 15 years old.
six months renewable once for
the maintenance of his child. A decree taken in the Council of Ministers
following the opinion of the advisory committee
The employer is required to grant it to him. of the work, establishes the nature of the works and the
provided that the person concerned has submitted her categories of companies prohibited for
request at least one month before the date young people under 18 years old.
of leave departure.
Art.148.-The worst forms of work of
In case of serious illness of the child, the p Children are absolutely forbidden.
The period provided for in the above paragraph 1 may This provision is of a public nature.
to be extended for one year, renewable once.
Under these conditions, the deadline for submission of the Under the terms of this law, the expression
request provided for in the previous paragraph does not the worst forms of child labor
does not apply. understand
• 1° all forms of slavery or
analogous practices, such as selling
Section 4 - Child labor and and the trafficking of children, slavery
adolescents for debts and serfdom as well as the
forced or compulsory labor, including
Article 145.- Under the provisions of forced or mandatory recruitment of
the present law: children with a view to their use in
• the term 'child' applies to any armed conflicts;
person under 18 years old; • 2° the use, recruitment or
• the term 'adolescent' applies to the offering of a child for the purpose of prostitution
any person whose age is between tuition, for the production of equipment for-
between 18 and 20 years inclusive. pornographic or porn shows
graphics;
Children and adolescents cannot • 3° the use, recruitment or
to be assigned to work likely to the offer of a child for activities
impair their ability to reproduce illicit, particularly for production
tion. The nature of the work prohibited to and drug trafficking, such as the
children and adolescents is determined define international conventions
by regulatory means after advice from the ratified agreements by Burkina Faso;
Advisory Committee on Labor. • 4° the works which, by their nature or
the conditions under which they
Article 146 - The duration of daily rest are exercised, are likely to harm
nighttime for people under health, safety or morality
18 years must be twelve consecutive hours. of the child.
night work of the
Persons under 18 years of age are prohibited.

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Article 149 - The labor inspector can re- favorable collective agreements or
to obtain the examination of adolescents by a of the individual contract.
licensed doctor, in order to verify if the tra-
make sure they are not overloaded Regardless of the duration of their services,
their forces. This requisition is of right to workers under the age of 18 have
the request of the adolescent or of his right to a thirty-day unpaid leave
tear. if they request it. This leave comes in
sick leave paid acquired due to the tra-
The adolescent cannot be kept in fait accompli at the time of their departure.
a job recognized as beyond one's abilities.
He must be assigned to a suitable job. The duration of the leave set in the first paragraph
In the absence, the employment contract must be terminated. of this article is increased at the rate of
linked with payment of legal fees of rup- within two working days after 20 years of
true. services continuous or not in the same
company, four days after 25 years and
six days after 30 years.
Chapter 2 - The Rest of the Worker
The increase in leave gives rise to the
increase in paid leave allowance.
Section 1 - The weekly rest
Salaried workers under the age of
Article 150 - The weekly rest is mandatory 22 years have the right to two days off
It is at least twenty-four. additional for each child at char-
consecutive hours per week and takes place It is considered a liability, the registered child
in principle, on Sunday. in the civil registry who has not reached the age of 15
ans.
The implementation modalities and the exceptions
provisions of paragraph 1, no- For the calculation of the accrued leave duration,
namely concerning the profes- the absences for will not be deducted
sessions for which and the conditions in work accidents or occupational diseases
which rest can, exceptionally- rest periods of females
but for clearly established reasons, layers planned in Article 142
be given other days than the di- above or within the limit of one year, the absent-
some, by rotation or collectively, for diseases duly recognized by
to be spread over a longer period a licensed physician.
What the week is determined by
regulatory pathway following the opinion of the Com- Are also counted, based on the
consultative mission of work. mentioned above, the services provided
without corresponding leave for the account
from the same employer regardless of location
Section 2 - Leave of employment.

Article 151 - The worker acquires the right to Art.152.-Within the annual limit of twenty
paid leave at the employer's expense, to days cannot be deducted from the duration
reason of two and a half calendar days paid leave, exceptional permissions
per month of service except for further provisions which were granted to the worker at

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the occasion of family events • to represent an association

directly chant his home. of public utility, to participate or
to attend its activities;
Article 153 - The salaried worker, who desires • to represent Burkina Faso
he can obtain a leave from his employer in a sports competition or
unpaid leave for a duration of six months renewed international culture.
worthy once for the maintenance of his
child. These leave authorizations can be
taken in one or two times without power
The employer is obliged to grant it to him. bring to more than three in the same year
provided that the interested party has submitted their civil the suspensions of contract resulting
send at least one month before the date of of annual leave and the application of
leave of absence. present provisions.

In case of serious illness of the child, the pa- Requests for leave of absence
the period provided for in paragraph 1 above may must carry the visa from the competent ministry
be extended for one year, renewable once. regarding official internships
Under these conditions, the deadline for submission of the of improvement, of cultural education-
request provided for in the previous paragraph does not
the or sporty, sports competitions
does not apply. international or the activities of associations
recognized public utility organizations, and of
Article 154.-To facilitate representation ministry responsible for labor regarding
from workers to statutory assemblies concerning the union congresses.
from their trade unions or the
regional trade union organizations or in- Art. 156.- On the other hand, the special leaves,
international organizations to which they are affiliated, other than those defined above, granted
absence permits are granted to them on their public holidays, can be deducted
cordees on presentation, of a convocation- if they have not been subject to compensation
written and nominative action issued by action or recovery of the days as well as
the interested organization, a week at ropes.
less before the scheduled meeting.
Art.157.- A regulatory act of the ministers
These absences are paid within the limit in charge of the work, taken after advice from the
for one month a year and do not come in de- Advisory Commission on Labor, de-
reduction of the annual leave duration, even- complete, as necessary, the provisions
me beyond a month. provisions regarding the paid leave system
notably in this who concerns
Article 155 - Within the limit of fifteen days the arrangement of the leave and the calculation of
non-deductible working hours from the duration of the allocation of leave.
paid leave, authorized absences
unpaid leave is granted to the worker Article 158 - The right to enjoy leave
in order to allow him is acquired after a period of effective service
• to undertake an official internship of per- tif equals one year.
improvement, cultural education
you sporty; However, the collective agreements or the
individual contract granting a leave
for a duration longer than that set at

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the above article 151 may provide for a time required for the worker to
longer duration of effective service or- leave at the place of residence
right to leave without this duration habitual and return if necessary.
may be more than thirty months.
Article 164 - The compensatory allowance for
Art.159.-In case of rupture you paid leave of the daily worker planned
of contract expiration before the tra- to article 160 above is equal to a dou-
the employee has acquired the right to leave, a in- tenth of the compensation earned by the
compensation calculated based on accrued rights worker during the day. She must
who, according to article 151 above or must be included on the payslip
according to the provisions of the convention in the form of a distinct mention of the sa-
collective or individual contract, must lair.
to be granted in place of the leave.
Art.165.- A regulatory act of the minister
Art.160.- The worker hired by the hour the person in charge of the work specifies the modalities
or for the day, for an occupation of of enjoyment of the leave.
short duration not exceeding one day,
receives their leave allowance at the same
time that the earned salary, at the latest on Section 3 - Travels and Transportation
end of the day, in the form of compensation
compensatory for his paid leave. Article 166 - The employer is responsible for
the travel expenses of the worker, of his
Art.161.-The worker is free to enjoy spouse and their minor children living
on leave in the countries of his choice. usually with him as well as the fees
of transporting their luggage:
Article 162.- The employer must pay to the worker • 1st of the place of usual residence at
vailleur, before his leave of absence and for place of employment;
throughout the duration of the leave, an allowance that • 2° from the place of employment to the place of residence
is at least equal to the average of the salaries the usual in the following cases:
net and various compensation elements the expiration of the fixed-term contract
defined in article 182 below, whose determined;
worker benefited during the twelve - the termination of the contract when the
month that preceded the departure date worker has acquired the right to leave
leave. under the conditions provided for in
Article 151 above;
Article 163 - Collective agreements or the termination of the contract due to
the individual contract may exclude from the the employer or following a false-
compensation taken into account for you heavy with this one;
the calculation of the leave allowance, the termination of the contract due to a case
the compensation they granted on the basis of of force majeure ;
provisions of article 178 below. the termination of the trial contract ineffective
For workers benefiting from this table to the employer;
last allowance, the duration of the leave is • 3rd of the place of employment instead of the place of residence
increased travel times. the usual and vice versa, in case of
normal leave. The return to the location
In the absence of contrary agreement, the de- employment is due only if the contract
road tolls cannot exceed the has not expired before the da-

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end of leave and if on that date the Art.170.- In the absence of a contract agreement
worker is in a position to resume his of, the worker who uses a means and of
service. means of transport slower than
those regularly choose by
However, the employment contract or the the employer cannot claim as a result
the collective agreement may provide for a ... longer travel times than those
minimum length of stay of the worker in provided for the way and the means nor-
below which the transport of families pains.
is not the responsibility of the employer. This
the duration will not exceed twelve months. If he uses a route or means more ra-
he continues to benefit in addition to the
Article 167 - When a contract is terminated duration of the leave itself, deadlines
for reasons other than those mentioned in that would have been necessary with the use of
Article 166 above or by a fault the way and means chosen by
burden of the worker, the amount of expenses the employer.
of return transport, incumbent upon
the company is proportional to the time of Article 171 - The worker who has ceased his
worker's service. service may require from his former
employer the provision of ti-
Art.168.-The class of passage and the weight three means of transport to which he is entitled, in
luggage is the same for everyone a period of two years from the cessation
workers. However, it is taken into account work contract with said employer. This
family allowances for the calculation of last submits to the worker a
baggage weight. attestation establishing, as of the date of termination
of the contract, the exact calculation of the rights of
Art.169.-Travel and transportation are transport worker.
carried out by a way and means of
transport options chosen by the employer, except Article 172.- The worker who has ceased
contrary stipulations. his service, and who is awaiting the
means of transport designated by its em-
The worker who uses a way or of employer to regain his habitual residence
transportation methods more expensive than those receives an allowance from the employer
regularly chosen or approved by equal to the salary he would have received if he had
the employer is not covered by continued to work and continues to volunteer
the company that incurs the costs of until his boarding, of the avanz-
caused by the regulated way and means days off granted by his contract.
selected carefully. If he uses a way or a
more economical transports, it cannot The worker whose contract is signed or
claiming reimbursement of expenses whose leave has expired and who
engaged. remains at the employer's disposal in
the wait for the means of transport allows him
Travel times are not included. so much to leave one's usual residence for
in the maximum duration of the contract such join his workplace, receives from
as provided for in Article 62 above the employer, during this period, a
of this law. compensation calculated on the basis of
the leave allowance.

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Article 173 - In case of the worker's death veil to ensure the protection of
expatriate or displaced, or of a member of his women and young girls not living in
family whose trip was covered by family.
the employer, the repatriation of the body of
deceased at usual place of residence is at This provision also applies to
the employer's responsibility. temporarily displaced workers or
in the context of a construction site.

Section 4 - Public Holidays Article 177.- In the event that the worker does not
can, by its own means, obtain for
Article 174 - The public holidays are those fixed him and his family, a regular supply
by the law. in basic foodstuffs
the employer is required to ensure it for him
under the conditions set forth by regulation
Chapter 3 - Wages comment, after the opinion of the Commission
labor consultative.

Section 1 - The determination of salary The regulatory text will also establish the
repayment terms for this pres-
Art.175.-Under equal working conditions, notification to the employer. This provision
of professional qualification and re- also applies to laid-off workers
in fact, the salary is the same for everyone temporarily placed or within the framework
workers regardless of their origin, of a construction site.
their sex, their age and their status.
Art.178.-Collective agreements or, to
The determination of wages, and in particular- default, the individual employment contract,
linking the setting of remuneration rates, may provide for compensation intended for
must respect the principle of equality of re- compensate the worker for expenses and
compensation between the male labor force risks additional to which
line and the female workforce for a he/she exposes his/her arrival and stay at the place
work of equal value. of employment, when the climatic conditions
questions of the region of the place of employment differ
Art.176.-In the case where the worker rent of those characterizing the residence ha-
permanent who is not native to the place labor worker and when it results,
of employment and does not have his habitual residence for this last one, specific suggestions
she cannot, by her own means, due to its distance from the place of its
to procure sufficient and decent housing usual residence at the place of employment.
for him and his family, the employer is required
to assure him in set conditions A compensation is granted to the worker.
by regulatory means, after advice from the if he is bound by professional obligation
Advisory Commission on Labor. to an occasional trip and
temporary away from its usual place
The regulatory text will also set forth the of employment. The applicable compensation is set
refund terms of this pres- by collective agreement or, failing that, by
presentation to the employer and the conditions of the employment contract.
what the housing must meet namely
in terms of safety and health at work

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Article 179 - Decrees issued in Council of

ministers, after consultation with the Commission Article 182.- When the remuneration of
labour consultative, establish: services is made up, in whole or in part
• salaries and minimum inter- part, by commissions, bonuses and
professionals guaranteed based on no- various benefits or re-compensations
in terms of the general level of wages representative of these services, in the
in the country and the cost of living and measure where these do not constitute a
considering the economic factors reimbursement of expenses, it is taken into account
nomique; account for the calculation of compensation
• the terms of the adjustment of the sa- during the leave period, allowances
minimum inter-professional wages of notice, damages.
rant
• the cases in which must be The amount to be considered in this
granted other supplies than this the title is the monthly average, calculated
the aims of articles 176 and 177 here over the last twelve months of activity, some
above, the terms of their allocation elements referred to in the previous paragraph.
and the reimbursement rates;
• eventually the modalities Article 183 - The salary must be paid in
of the allocation of benefits in kind, no- currency in legal tender in Burkina Faso
so much agricultural land. So. Any contrary stipulation is null.
full right.
In the absence of collective agreements or in
in case of silence from these, these acts regulate The payment of all or part of the salary in
comments also set: alcohol or in alcoholic beverages and in
• the professional categories and the harmful drugs are formally inter-
corresponding minimum wages; said.
• possibly, the primes
of seniority and attendance. The payment of all or part of the salary in
nature is also prohibited, subject to
Art.180.- The remuneration of work to the the provisions of Articles 176, 177 and
the task or by the pieces must be calculated from 179 above.
such a way that it provides the worker with Article 184 - Payment is made, except in cases of force majeure.
average capacity and normal working
a salary at least equal to that of this major, at the workplace. Under no
paid worker on time performing because it cannot be done in a rate of
a similar job. drinks or in a retail store except
for the workers who are normal-
No salary is owed in case of absence. occupied minds, nor the day when the worker has
outside the cases provided for by the regulations right to rest.
interpretation and unless agreed otherwise by the parties involved
compressed. Art.185.- Except for the professions
for which established pre-uses
Art.181.-Minimum wage rates thus see a different payment frequency
that the conditions of remuneration of the tra- rent and which are determined by means of re-
regulatory, after consultation with the Commission
val to the task or the pieces are displayed
at the employers' offices and on the labor consultation, the salary must be
pay locations of personnel. paid at regular intervals not being able to ex-

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give fifteen days for the workers in- The employer notifies the President of the court
charged by the hour, by the day, and by the month work by a written or oral declaration
for workers hired in the month. the deed at the court registry, no later than
sometimes, the day laborer, hired to day of cessation of services.
the hour or the day for an occupation
short-term contract, is paid each day The request is immediately sent to the Pre-
immediately after finishing his work. President of the labor court who sets the date
of the audience as close as possible, even
Monthly payments must be made from hour to hour.
killed no later than eight days after the end of
month of work that entitles to salary. The parties are immediately summoned
Payments every two weeks must be as it is stated in articles 309,
carried out no later than four days after the 310 and 311 below.
end of the fortnight giving entitlement to salary,
this deadline is reduced to two days in the event of They are required to show up in per-
payment per week. sun on the day and at the time set by the Pre-
court president. They can be made
For any piecework or by the render assist or represent in accordance with
but the execution must last longer provisions of article 312 below.
about fifteen days, the dates of
payments can be set by mutual agreement, The decision is immediately enforceable
but the worker must receive each notwithstanding opposition or appeal.
fifteen days of advances corresponding to
less than 90% of the minimum wage and be Art. 187. - Regardless of the nature, the...
fully paid within the fortnight that duration of work, the amount of remuneration
follows the delivery of the work. acquired ration, any salary payment
must, except for authorized exemptions on an individual basis
Commissions earned during a seen by the labor inspector of the res-
quarter must be paid within three sort, to be subject to supporting documentation
the month following the end of this quarter. say "pay slip" drawn up and certified
by the employer and handed over to the worker at
The profit sharing realized moment of payment. The payslip
during an exercise must be paid must bear the signature of the worker or
within nine months following the exercise. his fingerprints if he is illiterate.

Art.186.- In case of termination or breach- All mentions on the report

regarding the contract, the salary and the benefits Pay slips must be reproduced at
of salary, bonuses and allowances of the occasion of each salary payment
all nature due to the worker must be yes, on a register called "payroll register"
paid upon termination of service. Any- when the ballot is detached
sometimes, in case of dispute, the employer can of a stub book, whose pages
to hold the President of the labor tribunal fixes bear a continuous numbering,
the provisional immobilization between its this stub book is worth a payroll register
hands of all or part of the fraction sai- ment.
collectible amounts due.
The payment register is maintained by
the employer in the establishment, in the

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same conditions as the accounting documents Article 191 - In the sense of the provisions of
blessings and must be presented immediately to sections II and III of this chapter, the sa-
any request from the labor inspection, salary is understood as salary proper
even in the absence of the leader whatever its name, access-
of the establishment. salary evenings, of holiday allowance
paid, bonuses, allowances and
The structure of the pay slip and the re- services of all kinds.
the payment record is set by means of re-
regulatory, after the opinion of the Commission Art.192.- The claim for salary and others
work consultative. claims of the worker relating to the rela-
The performance of work benefits from a privilege
Article 188 - It cannot be opposed to work preferable to all other privileges
for payment in full of all accounts special or extraordinary including those of the Treasury
you » or any equivalent mention subscribed public and social security regarding
by him, either during execution, or concerning the unseizable fraction of said sa-
after the termination of his employment contract the light as it results from the provisions
and by which the worker renounces everything of Article 204 below. This privilege
or part of the rights he derives from his is applied to movable and immovable property
employment contract. the debtor's assets.

Art. 189 - Acceptance, without protest Article 193. - In the case of judicial liquidation,
No reserve, by the worker, of a slip. the amounts withheld by the Treasury
the payment cannot be considered as a waiver of it public, subsequent to the date of cessation
contributes to the payment of all or part of the salary payments, on the contracts due to
re, salary accessories, bonuses and the employer, are reported to the mass.
of any compensation that is due to him
thus under the legislative provisions, Art.194.-The syndic or the liquidator pays
regulatory and contractual. It does not the claims of workers in the ten
can also be worth a closed and settled account days following the judicial liquidation and
in accordance with the current legislation. on simple order of the judge commissioner
re.
Art.190.-In case of dispute regarding the
payment of salary, bonuses and in- In case he does not have the necessary funds
compensations of all kinds, non-payment such debts must be settled
is presumed irrefragably, except on the first funds received before
force majeure case, if the employer is not any other claim, as indicated at
unable to produce the register of Article 192 above.
payments duly signed by the work
their or by the witnesses under the mentions Art.195.-In the event that the said debts se-
questioned or double the payslip rents paid thanks to an advance made by the
related to the disputed payment, signed in syndic, the liquidator or any other per-
the same conditions. sun, the lender is therefore the same, su-
broken in the rights of the worker and must
to be reimbursed as soon as the funds are available
Section 2 - Privileges and Guarantees necessary, without any other claim
from the salary claim may oppose it.

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Art.196.-The worker accommodated

by
the employer before the judicial liquidation Article 200 - The worker to whom the prescription...
continue to be housed until the date of the action is opposed, may defer the oath to
payment of his last debt or, even- the employer or its representative, on the
currently, until the date of departure of question of whether the salary he is claiming
means of transport made available to him was paid to me.
to regain his usual residence.
The oath can be referred to the spouses
Art.197.-The worker holder of survivors and heirs or to their guardians
the object worked on by him can exercise the right last if they are minors, so that they
of retention under the specified conditions they had to declare whether they know or not that the
by the current legislation. salary claimed is due.

The movable items entrusted to a work- Art.201.-If the sworn statement is not
to be worked, shaped, repaired lent or if it is recognized, even implicitly-
you cleaned and that have not been removed in payment, that the amounts claimed have not
the six-month deadline can be sold have been paid, the action for salary payment
under the determined conditions and forms is prescribed for thirty years.
by the current legislation.

Article 198 - The benefit of legal assistance Section 4 - Wage Deductions

Caire is acquired by default for any of-
order of authorization for garnishment that the Art.202.- It is prohibited for the employer
worker wishes to present to the jurisdiction- to impose fines on the worker for
common law. for any reason whatsoever. This provision-
The action is of public order.

Section 3 - La prescription de l’action en Art.203.-Outside of the deductions

payment of salary mandatory and deposits that can
to be provided for by the agreements col-
Art.199.-The action of workers in elections, there can be no withholding on
payment of salary and that in supplies the wages or salaries that by chance
in-kind benefits and possibly termination or voluntary transfer, subscribed
their reimbursement is subject to expiry before the jurisdiction of the place of residence
two years. or failing that the labor inspection, for the
refund in advance of silver
When the worker stays in consent given by the employer to the worker.
the company, the prescription is not applicable to it
opposable. However, when the jurisdiction or
the labor inspection is located at more than
The prescription runs from the date twenty-five kilometers, an agreement between the
from which the salary is due. parties may be recorded in writing before
It is suspended when there is an account the head of the administrative district
order, schedule, obligation, or citation in the closest.
justice not expired, or in case of attempt
of conciliation before the traffic inspector In any case, there can be no
vail. compensation between salaries or its

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salaries and the amounts owed by the worker Article 208 - The provisions of this chapter
notably regarding the repair of a pits do not obstruct the establishment of
damage only within the limit of the part legal schemes for insurance or retirement
enterable and on the only sums im- you.
mobilized, in accordance with the provisions
provisions of article 180 paragraph 1 above, to
registry of the labor court. Chapitre 4 - Le cautionnement

The deposits on work in progress do not

are not considered advances. Art.209.-The guarantee is a contract
by which a worker deposits a sum
Art.204.-The portions of wages and of money in the hands of his em-
retirement pensions subject to withholding employer at the time of the conclusion of the
progressive adjustments as well as the rates associated with them employment contract to guarantee the
rents are determined by regulatory means restitution of cash that this worker
after consultation with the Advisory Commission can lose or dissipate on occasion of
and work. The withholding referred to in Article the exercise of his functions.
203 above cannot, for each payroll,
exceed the rates set by regulation Art.210.-Any business leader who makes himself
taire. to return by a worker a guarantor
cash must issue receipts
Art.205.- It is taken into account, for the calculation you and mention it in detail on the register
of the withholding, not only from the salary or employer provided for in article 381 of the
the pension scheme itself but underneath.
of all the accessories of the salary or of the
pension, except for the in- Art.211.- Any guarantee must be
declared non-seizable allowances by the deposited within one month at da-
regulations in force, sums al- after its receipt by the employer. Men-
rented for the purpose of reimbursing expenses the issuance of the guarantee and its deposit is
exposed by the worker and allowances made on the employer's register and justified
or allowances for family burdens. by a certificate of deposit held at the disposal of
action of the labor inspector.
Art.206.-The stipulations of an agreement-
or an employment contract authorizing The minister responsible for labor sets, by means of
all other deductions are null regulatory, after consultation with the minister
full right. justice manager, the terms of this deposit
as well as the list of public funds and
Art. 207 - The amounts withheld in contra- authorized banks to receive it. The
the provisions above bear savings banks and banks must
interest in favor of the worker at the legal rate accept this deposit and issue a special booklet
since the date they were supposed to distinct from that of the worker
be paid and can be claimed by could already own or acquire later
him until prescription. rement.

The interest rate is suspended for Notwithstanding the above provisions,

the duration of the contract. the employer may, in order to establish the
guarantee, operate, within the limit of the

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assignable and seizable portion, withholdings The prices of goods for sale
on salary and salary accessories of must be displayed legibly.
worker after notice from the labor court.
Art.215.-All trade established at
Art.212.-The withdrawal of all or part of the the interior of the company is subject to
deposit can only be made under the provisions that precede, except for
double consent of the employer and the workers' cooperatives.
worker or under one of them
ability for this purpose by a decision of the ju- Art.216.-The sale of alcohol and spirits-
competent jurisdiction. it is prohibited in the stores as well
about the workplace of workers.
Art.213.- The allocation of the booklet or the...
the deposit of security of the interested party resulting in Article 217 - The opening of a storehouse,
no privilege on the amounts deposited at under the conditions set out in article 214
profit of the employer and towards third parties above is subject to approval
that would form garnishments at from the minister responsible for labor, issued
hands of the latter. after the advice of the labor inspector of the res-
sort. It can be prescribed in a en-
Any garnishment made in the hands of taken over by the minister in charge of labor,
of the administration of the public fund on the proposal of the labor inspector
or the bank is null by right. of the spring.

The operation is controlled by

Chapter 5 - Social Works the labor inspector who, in case of abuse
noted, may prescribe the provisional closure
evening for a maximum duration of one month.
Section 1 - Les économats
The minister in charge of labor may order
Article 214 - Is considered as a supply department, the permanent closure of the supply stores
any organization where the employer practices on the report of the labor inspector.
directly the sale or transfer of sea
goods to the company's workers
for their personal and normal needs. Section 2 - The other social works

The economies are admitted under the triple Art.218.-Social works such as
following condition: canteens, nurseries, cafeterias,
• 1° that workers are not recreational areas can be created
forced to resupply there; under the conditions set by regulation
• 2° that the sale of goods is there comment, after the opinion of the Commission
made exclusively in cash and labor consultation.
without profit;
• 3° that the accounting of one or more eco-
company name is entirely
autonomous and subject to the control of a
surveillance commission elected by
the workers.

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Titre 5 - L’hygiène, la sécurité et The formal notice from the inspector of the...
occupational medicine This is immediately enforceable. All-
time the decision of the labor inspector
may be subject to an appeal according to the
Chapter 1 - Hygiene and Safety rules provided for in administrative matters.
work
Art.223.- The formal notice must be
made in writing, either in the register
Article 219 - It is established with the ministry by the employer either by registered letter
in charge of the work, a Technical Committee has with acknowledgment of receipt. It is dated and
Advisory Committee on Health and Safety signed, it specifies the offenses or
for the study of interesting questions observed gaps and sets the deadlines in the
the hygiene and safety of workers. which they must have disappeared. These deadlines
cannot be less than four days
A decree taken in the Council of Ministers francs, except in cases of extreme urgency.
fix the composition and the functioning
Article 224 - The employer is required to notify
of this committee in which all parties
interested parties must be represented. the labor inspector, within a period of
forty-eight hours, of any accident of
Art.220.-The hygiene conditions and work-related incident or any occupational disease
workplace safety standards are set observations made in the company.
by regulatory acts of Minister Char- the terms of this declaration are set
workforce, after consultation with the Technical Committee by the legislation applicable to accidents
what national consultative hygiene and work and occupational diseases.
security.
The declaration can be made by the work.
Art.221.-The employer is responsible for their or its representatives until
the application of the measures prescribed by the the expiration of the second year following
provisions of this title and by the tex- the date of the accident or the first constat
your price for their application. medical report of the occupational disease
in them.
Article 222 - The labor inspector controls
the employer's compliance with the provisions Regarding occupational diseases
in matters of hygiene and safety. the date of the first observation
medical attention is assimilated to the date of
When he observes a violation of the norms the accident.
but prescriptions issued, it places in
it remains the employer's duty to comply with it. In Article 225 - The employer is required annually
besides, when there are conditions of to develop and implement a
dangerous work for safety and program for improving conditions
health of workers not targeted by the and of the workplace.
regulatory acts provided for in Article 220
above, the employer is put on notice In addition, he must take the necessary measures
by the labor inspector to remedy it suitable for workplaces, the ma-
in the forms and conditions provided for Chinese, the materials, the substances and the
Article 223 following. work processes under his control
do not present risks to health

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tea and worker safety. To this end, subordinate this use to the respect of
prevention is ensured by: certain practical arrangements or
• 1st of the technical measures applied prohibiting it when the protection of work
to the new installations or to the new- it does not seem possible to assure her.
new processes during their design
or their implementation or by ads- Art.228.-Any machine, any equipment or
technical junctions brought to the ins- equipment of which a defect is pointed out
tallations or existing processes; likely to cause an accident, must
• 2° measures for security organization to be subject to verification at least
written at work; once a quarter.
• 3° of the organizational measures of the
occupational medicine The result of the checks is recorded
• 4° the organizational measures of the tra- on a register called 'safety register'
vale. opened by the employer and kept constant
made available to the inspector of the
Article 226.- When the measures taken in work.
The virtues of the previous article are not sufficient.
insurers to guarantee safety or health- The list of equipment subject to verification
tea of workers, protective measures Periodic certifications are set by means of re-
individual insurance against professional risks regulatory.
professionals must be implemented.
When these individual protection measures Art.229.-The work places must be
duels require the use of work subject to regular monitoring in
of appropriate equipment, this one the conditions and according to the terms
is provided by the employer. In this case fixed by the competent authority for the purpose of
no worker should be admitted to his check the safety of the equipment and the
workstation without its equipment installations and monitoring risks
individual protection. To do this, the for health in the workplace.
workers must receive the instruc-
necessary conditions for optimal wearing of This surveillance aims to
the equipment and its maintenance. monitor compliance with safety standards
and exposure limits.
Art. 227.- The use of processes, subs-
instances, machines or equipment specified by Article 230 - Workers must be in-
the regulation leading to exposure fully trained on the risks
of workers at professional risks professionals existing on the sites of tra-
knots at the workplaces must be worn go and receive appropriate instructions
in writing to the knowledge of the inspector related to the available means and the
of work. It is the same every time conduct to adopt to prevent these risks.
that machines or facilities new-
they are put into service, that they have This information and instructions must
I made important modifications or that to be brought to the attention of the work-
new processes are being introduced. thems so that each of them in
has a good understanding. For this purpose-
The labor inspector in collaboration the employer must provide them with a training
with occupational medicine services or minimum general information regarding
from any other competent authority can occupational health and safety.

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of the nature of the work, of the layout

Art.231.-Based on the identified risks or the equipment of the premises.
tea, specific training actions to
security is also conducted in Art.235.-The Health and Safety Committee
certain establishments. at work assists and advises the employer
and if applicable the workers or their
Art.232.-Security and health measures representatives in the development and implementation
at work as well as the actions of forma- in the implementation of the annual hygiene program
action or information referred to in the articles and workplace safety.
230 and 231 above are the responsibility of
the employer. Article 236 - The employee representatives
to the Occupational Health and Safety Committee
Article 233 - Workers are required to: benefit from the necessary training to
• to strictly apply the instructions the exercise of their missions. This forma-
intended to ensure hygiene and the s- The term is renewed when they have exercised
Workplace safety; their mandate for 06 consecutive years or
• to immediately notify their superior no.
direct hierarchy or the Committee of S
Occupational health and safety and the inspector The financial burden of training
the work of the spring of every situation staff representatives on the Committee of
presenting a serious and imminent danger occupational safety and health is the responsibility of

...for their life or health. the employer.

The employer is required to take on the Art. 237 - The employer presents annually
take all necessary measures to do this to the Committee on Safety and Health at Work
be the peril in question. As long as it persists as well as to the representatives of the work-
the danger, the employer cannot ask the their report on hygiene and safety
worker to resume his position of tra- in the company particularly on the dis-
vale. positions adopted during the year
• to attend medical examinations and elapsed.
examinations prescribed by the regulations
tion ; Art.238.-The composition, the organization
• to cooperate in the accomplishment of and the functioning of the Security Committee
obligations incumbent on the employer and occupational health are set by means of re-
in terms of security and health at work regulatory.
vail.
Article 239 - A security service is established
Article 234 - Employers are required to in the workplace in companies
set up a security committee and industrial occupying fifty jobs
occupational health in establishments theirs.
cupant au moins trente travailleurs.
This service is positioned as much as possible,
The labor inspector can impose the under the responsibility and control of a
creation of a health and safety committee at personnel who have acquired adequate training
work in an establishment occupying quote in the field of hygiene and
fewer than thirty workers when this security.
the measure is necessary particularly due to

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• as a service specific to a
Chapter 2 - Occupational Medicine only company ;
• as a common service to more
several companies, established by way of re-
Article 240 - Everyone is required to... regulatory, after the opinion of the minister
business, company or organization established at in charge of health, on declaration of
Burkina Faso to ensure health coverage founding members.
worker's contract in accordance with
conditions defined by the texts relating to The expenses related to services of
creation, organization and operation occupational medicine is the responsibility of
of occupational medicine. employers.

Art.241.-The medical services of the trauma- In the case of common services to plu-
vail designate the services invested with functions some companies, these costs are distributed
essentially preventive and cha- proportionally to the number of work-
advising the employer, the work- theirs.
their and their representatives in what
regarding: Art. 243 - The employer has the responsibility
• the required requirements to establish and to inform the medical services of
maintain a healthy work environment and work on the characteristics of the machi-
salubrious networks and tools, processes and procedures
• the adaptation of work to capabilities of manufacturing, the products used or my-
of workers. nipulés, the characteristics of the popula-
work relations, working conditions.
They are intended for:
• ensure the protection of workers Art.244.-The employer has the responsibility
against any harm to health that may to present its workers for visits
result from their work or the conditions medical examinations and tests prescribed by the legislation
tions in which ones this one Translation and national regulations:
is carried out; • employment medical examination
• contribute to the adaptation of positions, • periodic medical check-up
techniques and rhythms of tra- • special medical surveillance visit
valid to human physiology; the ;
• contribute to the establishment and the • return-to-work medical examination
maintenance of a safe work environment and • end of contract medical visit.
healthful, conducive to promoting health
optimal physical and mental state in relation The costs of medical visits and examinations
action with work; supplementary expenses are the responsibility of
• contribute to health education of the employer.
workers for a behavior
in accordance with the standards and instructions The time taken to carry out the visits
of occupational safety and health. medical examinations and supplementary tests
is considered as working hours
Article 242 - The medical services of the effective.
should be located at the site of the tra-
valley or nearby. Depending on the situations Art.245.-When the maintenance of work-
they can be organized: their position is not recommended for

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medical reasons all means must Advisory National Committee on Hygiene and Safety
to be implemented by the employer for tea, determines the modalities of organization
assign it to another compatible position and the operation of the inspection of the
his health. occupational medicine.

In the impossibility, the worker is li- Article 251. - A social service is mandatory
censored with payment of rights after notice payment made in the establishments
from the labor inspector. occupies more than two hundred workers.

Art.246.-The organization, the functioning- The attributions, the organization, the function-
and the means of action of the services functioning as well as the means of action
the occupational medicine are set by the social service is set by means of rules
regulatory pathway. comment from the minister in charge of labor
after consultation with the Advisory Commission
Art.247.- An inspection is created for the of work.
occupational medicine whose expertise
spreads across the entire national territory
It is placed under the supervision of the minis- Titre 6 - Les institutions
loaded with work. professional
Art.248.- The inspection of medicine
work essentially serves the role of: Chapter 1 - The Unions
• participate in the drafting of texts re- professionals
take to occupational medicine;
• to control on the technical level, in
close collaboration with the services Section 1 - The object and the constitution of
competent ministries responsible for professional unions
work and health, and of any other
public or private institution compé- Art. 252.-Professional unions have
attempt, the application of the legislation and for the promotion and defense of
of the regulations regarding mé- material, moral, and professional interests
medicine and occupational safety; nels of their members.
• control and advise services of
occupational medicine Article 253 - Workers, as defined
• identify and punish any violation of in Article 2 of this law, as well as
the national regulation of the me- their employers can freely establish
ten years of work. of the professional unions grouped
while people performing the same pro-
Art.249.- Any offense or any man- profession, similar trades or pro-
Regulation of medicine fessions connections concurrent à
of work observed by the inspection of the the establishment of determined products,
occupational medicine is subject to implementation without prejudice to the provisions of Article
residence notified and settled according to the procedures 271 below.
duration provided for in Article 223 above.
Any worker or employer can join
Art.250.- A decree taken in Council of freely to a union of its choice in
ministers, after advice from the Technical Committee the framework of his profession.

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Article 254 - It is prohibited for any employer Art.260.- It can be created by any union-
to take into consideration the belonging professionally constituted cat,
or not to a union or the exercise of a a trade union committee in every establishment
union activity to stop its decisions usually employing at least eleven
discussions regarding, in particular, employees and a union section in cha-
the hiring, management, and distribution of which area where it counts members.
work, vocational training,
progress, remuneration, granting The union committee ensures representation
social benefits, disciplinary measures the union at the establishment level and
staff reduction and termination. the trade union section at the level of the zone.

Article 255.- The head of the company or his/her The members of the office of the union committee
representatives must not use any they enjoy the protection provided by the
means of pressure in favor of or at provisions of Article 266 of this
the meeting of a trade union law.
any.
Art. 261.- The founders of any union
Any measure taken by the employer professionals must file the statutes and
contrary to the provisions of the articles the names of those who, in some capacity
253 and 254 above is considered as therefore, are responsible for its administration
abusive and leads to damage and or its direction.
interests.
This deposit takes place at the Town Hall or at the headquarters of

Article 256.- The provisions of articles 253, the administrative district where the syn-
254 and 255 above are public order. the deed is established and a copy of the by-laws is
addressed to the labor inspector and the
Article 257.- Minors aged at least 15 Prosecutor of Faso with jurisdiction.
can join the unions except op-
position of their father, mother or guardian. Art.262.- The modifications made to the
statuses and the changes that have occurred in the
Art. 258 - Workers or the em- composition of the management or of
employers who have ceased their operations the union administration must be
function or their profession, subject to reservation carried, under the same conditions, to the
and to have practiced it for at least one year, knowledge of the same authorities.
can continue to be part of a syn-
professional dictionary. Art.263.- Every declaration must be ac-
accompanying the following documents:
Art.259.-Any member of a union pro- • a written request signed by two
A professional can withdraw at any time. founders at least;
notwithstanding any contrary clause. • three copies of the statutes, of the rules-
interior and the minutes of the
He retains, however, the right to be Constitutive meeting signed and legal
member of the aid societies and you are;
of old-age insurance to which it • three signed and notarized copies of
contributed through contributions or payments the nominative list of those who, at a ti-
funds.

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any triangle is charged with the di- The response of the labor inspector must
Direction of the union. intervene within a period of three months, except
force majeure. After this period,
Art.264.-The members responsible for the di- the authorization is deemed granted.
direction and administration of a union
must be of Burkinabé nationality or If the authorization is not granted, the.
nationals of a State with which are the union delegate is reinstated with payment
establishment agreements stipulate salaries related to the aforementioned period
establishing reciprocity in the matter of syn law pension.
medical.
The decision of the labor inspector can
All members must enjoy their subject to a hierarchical appeal to-
civil rights and having not been the subject of any near the minister in charge of labor.
of convictions leading to the suppression
extension of the right to vote under the laws The minister's decision is likely to
electoral regulations in force. appeal for annulment before the court
administrative.
Non-national workers can ac-
give up the functions of union leaders The above provisions are applicable
however, after having resided continuously bles :
for at least five years in Burkina Faso • to the candidates for the position of delegate
so. union whose list must be brought to
the knowledge of the head of the establishment
Art.265.-The function of union delegate cements. They then benefit from the pro-
cannot be, for the one who practices it, a protection during the period from the
hinder improvement of his remuneration date for submitting the lists to the chief
tion, nor to its regular advancement. The de- of the establishment and that of the ballot;
A union representative cannot be transferred against their will.
• to the delegates during the com- period
green during the duration of his term, except taken between the end of their term and
appreciation of the labor inspector of the expiration of the three months following the
spring. new vote.

The working hours of the union representative are Art.267.- The administration cannot pro-
the normal schedule of the establishment; its neither the suspension nor the dissolution
regulatory hours of freedom are powerless of the unions of workers and
tables on this schedule. of employers. Their dissolution cannot
to intervene only through judicial means.
Art.266.-Any dismissal of a delegate
union holder or substitute considered by In the case of voluntary, statutory dissolution
the employer or his representative must be pronounced by the justice, the assets of
subject to the decision of the inspector of the tra- unions are dedicated in accordance with the
valid. However, in case of gross negligence, statuses or according to the established rules
the employer can announce the layoff by the general assembly. In no case, they
conservatory of the interested party while waiting for the cannot be distributed among the members.
final decision.

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Section 2 - The civil capacity of the syndic Art.270.-Trade unions must be

professional cats consulted on all disputes and all
questions related to the profession
Art.268.- Professional unions, or to the business sector.
constituted in accordance with the provisions
of this law, enjoy the personna- In contentious matters, the opinions of
civil law. They have the right to take legal action, the union is at the disposal of
to acquire without permission, free of charge parties that can share it
or burdensome, goods. cation and copy.

Article 269 - Unions may:

• 1° to practice before all courts Section 3 - Trade Union Unions
All rights reserved to the civil party
relating to the facts causing harm Art.271.- Professional unions re-
direct or indirect to the collective interest of freely constituted can
the profession they represent; to come together for the study and defense of
• 2° allocate a part of their resources their professional interests. They can
these to the creation of transitional housing constitute in unions at the local level, re-
buyers, for the acquisition of land regional or national.
culture or areas of physical education
following the use of their members; Art.272.-The rights and duties of the syndicate-
• 3° create, manage or subsidize professional cats such as set by the
works such as: the present law recognizes the unions of
provident institutions; unions.
solidarity funds;
laboratories; Article 273 - The provisions of articles 252
fields of experience; to 268 of the current chapter are applicable
works of scientific education to the unions of unions that must do
agricultural or social, courses and publications know the name and headquarters of the syn-
interesting applications in the profession. dictates that compose them. Their statuses
Buildings and movable property must determine the rules according to the
necessary for their meetings, for their which unions are affiliated with the union
libraries and their courses will be represented in the governing bodies
of professional instruction are giants.
elusive;
• 4° subsidize cooperative companies Art. 274 - At their request, premises
tives of production or consumption can be made available to
tion as well as all public institutions unions for the exercise of their activities
public or private questions of interest by the competent authorities.
for the workers;
• 5° to enter into contracts or agreements
with all the other unions, companies, Section 4 - Trade Union Brands
companies or individuals. The agreements
collective working conditions have passed Art.275.-Unions may file
under the conditions determined by the their brand or label in the conditions
chapter 10 of title 3. determined by the texts in force. They
can then claim the pro-

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exclusive ownership under the conditions thereof his of each establishment. If the
texts in force. the number of voters is less than the
half of the registrants, a will be carried out
These brands or labels can be applied second round of voting for which the
applies to all products or commercial objects voters can vote for can-
to certify its origin and the conditions other than those proposed by the
of manufacturing. trade unions.

They can be used by any individual The election takes place at the pro-representation
or any company selling these proportional, to the highest average;
products. • the considered and paid duration
as working time available
Art.276.-The use of collective brands- the staff representatives for
calm or labels can have the effect of the fulfillment of their duties;
to violate the provisions of the article • the means made available to the de-
253 of the present chapter. legacies;
• the conditions in which they will be
Any clause of null and void effects is null and of no effect.
received by the employer or his representative
collective contract, agreement or understanding at so much;
terms under which the use of the brand • the conditions for the revocation of the delegate
union by an employer is subordinate by the workers who elected it.
born from the obligation for said employer to
not to keep or to take for his own service Art. 279 - Disputes relating to
what the members of the property owners' union the election, on the eligibility of the delegates of
brand. personnel as well as the regularity of operations
electoral quotas are within the competence
of the President of the labor court who is
Chapter 2 - The Employee Delegates emergency and as a last resort.

The decision of the President of the court

Art.277.- The employee delegates are work may be referred to the Court of Cassation
elected. Their term lasts for two tion.
They can be re-elected.
The appeal is filed and judged in the
Article 278 - The minister responsible for labor,
forms and conditions provided for by law or-
after consultation with the Advisory Commission rules governing said Court.
of work, set by regulatory means:
• the number of workers starting from Article 280: Each delegate has an alternate.
what are the categories of establishments elected under the same conditions that the rem-
in which the institution of delegates place in case of justified absence, death,
staff is mandatory; of resignation, of dismissal, of termination
• the number of delegates and their distribution of employment contract, of loss of the condi-
information on the professional level; required conditions for eligibility.
• the modalities of the election, which must
held by secret ballot and on Art.281.- The function of the delegate of the per-
lists established by organizations sonnel cannot be, for the one who practices it,
the most representative unions, to an obstacle to an improvement of its re-

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neither to its regular advancement. the expiration of three months following the
The staff representative cannot be transferred. new vote.
against his will for the duration of his
mandate, except at the discretion of the inspector Article 283 - The staff representatives have
the work of the spring. for the mission of:
• present to employers all the
The work schedule of the staff representative individual or collective claims
in the is the schedule normal of sights that have not been directly satisfied
the establishment; its official hours make concerning the conditions of tra-
of liberty are charged to this schedule. vail and the protection of workers,
the application of collective agreements
Art. 282 - Any dismissal of a representative yes, the application of classifications
of the permanent or substitute staff considered professional and wage rates
by the employer or their representative res ;
must be subject to the decision of • report the labor inspection of all
the labor inspector. However, in case of complaint or claim regarding
serious misconduct, the employer can pronounce the application of legal prescriptions
the provisional suspension of the interested party in and regulations for which it is responsible
pending the final decision. to ensure control;
• ensure the application of the prescriptions
The response from the labor inspector must related to hygiene, to safety of
intervene within three months, unless workers, to social security and of
cas de force majeure. Passé ce délai, propose all useful measures for this purpose
the authorization is deemed granted. jet;
• communicate to the employer all
If the authorization is not granted, the de- suggestions useful attendant à
the staff delegate is reinstated with the improvement of the organization and of
payment of salaries related to the period company performance.
of suspension.
In the fulfillment of their mission,
The decision of the labor inspector can the staff representatives cooperate with
subject to a hierarchical appeal to the employee union representatives.
near the minister responsible for labor.
Art.284.- Notwithstanding the provisions of
The minister's decision is likely to on top, the workers have the ability to
appeal for annulment before the court present their claims themselves and
administrative. suggestions to the employer.

The above provisions are applicable

bles : Title 7 - Labor Disputes
• to the candidates for the position of delegate
during the period between the re- date
submission of lists to the head of the establishment
Art.285.-Individual disputes or
and that of the ballot; work collectives are subject to the pro-
• to the delegates during the com- period procedure established under this title.
between the end of their term and

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Chapter 1 - Individual Disputes

Art. 289.- The labor courts of-
are competent when a collecti-
Article 286 - The individual dispute is understood the victory or a public institution is put in
of a conflict that opposes one or more cause in matters of labor conflicts.
workers to their employers at
the occasion of the execution of the contract of Art.290.-The President of the trial court
valid for the recognition of a right in- Vail is competent in matters of summary proceedings and,
dividual. in case of hindrance, the competence is
assigned to the judge designated by him for this purpose.

Section 1 - The jurisdiction of the court Article 291 - The competent court is the one
the work the workplace.

Article 287 - Labor courts However, for disputes arising from the termination
are aware of individual disputes termination of the employment contract due to
that can arise between workers and the employer and notwithstanding any assignment
their employers, the apprentices and their conventional jurisdiction, the work-
masters on the occasion of the employment contract and they have a choice between the court of their resi-
of learning. habitual residence in Burkina Faso and that
from his workplace.
These courts are competent to
to know The worker recruited on the territory na-
• disputes related to traffic accidents In addition, the ability to seize the tri-
value, to occupational diseases place of conclusion of the contract
understood those relating to the application of work.
social security system;
• individual disputes relating to The law establishes the seat for each court.
the application of collective agreements and its territorial jurisdiction.
and the orders replacing them;
• disputes arising between workers at Article 292 - Labor courts fall under
the occasion of the employment contract thus under the supervision of the ministry responsible for justice

that to the direct actions of workers notice.

against the entrepreneur provided for in the article
86 of the present law;
• disputes arising between workers and Section 2 - The composition of the court
between employers on the occasion of the tra- work
valid, as well as between the institutions of
social security, their beneficiaries and Art.293.- The labor court is composed of
the liable parties; be at the hearing:
• recourse actions of the entrepre- • of a president: the president of the court
neuros against subcontractors. of the work or one of the judges thereof
jurisdiction; The president and the judges,
Art.288.-The personnel of public services all judges of the judicial order,
publics, when they are employed in the are appointed by decree taken in Council
private law conditions belong to the of ministers on the proposal of the minister
competence of labor courts. the head of justice.

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• of an employer assessor and an as- Art.296.-The term of office of the assessors is

worker taken from those fi- three years; it is renewable.
guaranteed on the list established in compliance
with article 295 below; The list of assessors can be completed,
in case of necessity, during the period of
A clerk or, failing that, a secretary of their mandate.
clerk and parquet is appointed by a de-
adopted in the Council of Ministers. Art.297.-Any assessor who has seriously
failed in his duties in the exercise of
Art.294.-For each hearing, the presi- his functions are called before the court
dent refers to the employer assessors and to explain himself about the facts that concern him
worker. reproaches.

The permanent assessors are replaced in The initiative for this call belongs to the Pre-
case of impediment, by assessors president of the labor court. Within the deadline
substitutes of each category. one month from the date of the summons,
minutes of the hearing
In case, after two summons, the sorting - are addressed by the President of the tri-
the board could not meet, the president rules working file to the minister in charge of the tra-
alone. vail.

Art. 295 - The assessors are appointed by Art.298.-By a reasoned regulatory act of the
joint regulatory act of the minister Minister responsible for justice, taken on pro-
Justice Minister and the Minister in charge position of the minister in charge of labor, the
the work. the following sanctions may be taken at
the meeting of the assessors:
They are chosen from lists, including • the suspension for a duration that does not
a name of names double that of the may exceed six months;
positions to be filled, presented by the orga- • the downfall.
the most representative trade unions
or, in case of a lack of these, Any assessor against whom the forfeiture
the labor inspection. has been pronounced cannot be designated as
new to the same functions.
The assessors must:
• to be of Burkinabe nationality or from a Art.299.- The assessors take an oath, before the
of states included on a list drawn up labor court of jurisdiction, the oath
by decree issued in the Council of Ministers I swear to fulfill my duties
on the proposal of the minister in charge of with awareness, diligence, and integrity and of
justice always keep the deliberations secret
• be at least 25 years old; tions
• know how to read and write the official language;
• to have carried out their professional activity Article 300.- The functions of assessors don-
in her for at least three years in the entitled to compensation the amount of which
court of labor jurisdiction; and the allocation conditions are set
• not having been convicted of any offense by regulatory means.
dragging registration on the electoral roll.

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Section 3 - The procedure

The mentioned expression is a refusal of so-
Article 301 - The procedure before the court generate the minutes by one of the parties.
The work is free.
Art.306.- A report of non-conciliation
Art. 302.- Any employer or any worker- default liability can also be signed
they must ask the labor inspector by the labor inspector, his delegate or
or to his delegate or legal representative, his legal substitute when one of the par-
to resolve the dispute that opposes him to the other ties did not appear during the attempt of
amicable settlement. conciliation.

Art. 303. - In case of conciliation, a pro- Art.307.-Notwithstanding the cases of conciliation-

a minutes of conciliation is established and the aforementioned provisions, the labor inspector
dedicate the settlement of the dispute to amicable resolution. can draw up a report of execution
This report contains, in addition to the men- when the elements of the dispute are not contested
ordinary actions necessary for its validity: they relate to legal wages,
• the statement of the different heads of complaints conventional or contractual, leave
mation ; salaries and seniority bonuses.
• the points on which the conciliation
has intervened and the agreed amounts Art.308.-The minutes of conciliation-
naked for each element of claim total action and partial conciliation, the
tion ; minutes of execution drawn up by
• the complaint managers of which he has been the labor inspector and concerning the
abandon made. legal, contractual or conventional salaries
tuels, paid leave and the bonus
This minutes of reconciliation must be of seniority, must be dressed in the
drafted and signed on the spot by "enforceable" formula affixed by the tri-
the labor inspector, his delegate or his work exhaustion.
legal substitute and by the parties.
Art. 309.-In the absence or in case of failure
Art.304.- In case of failure, a report of the amicable settlement, the action is initiated
the non-conciliation report is drawn up and signed by by written or verbal declaration made to
the labor inspector, his delegate or his clerk of the labor court.
legal substitute.
The applicant must provide a copy
Art.305.-In case of partial conciliation, according to the minutes of non-conciliation
a report is signed by the inspector settlement or partial conciliation.
the work, its delegate or its substitute
legal, for the parts on which a ac- The registration of this declaration is made
the cord intervened and a report of on a special register and an extract of this
the non-conciliation is drawn up by the inspector certificate is issued to the party that has in-
the work, its delegate or its substitute introduce the action.
legal for the surplus of the demand.
Art.310.-Within the month following the re...
In any case, a true copy of the on the request, the President of the tribunal-
The minutes are sent to the President of call the parties to appear in a
court, and, at their request, to the parties.

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a deadline that cannot exceed two months

if applicable, travel times. If the defendant does not appear and does not justify
does not qualify as a case of force majeure, defect
Art. 311. - The citation must contain the is given against him and the court rules on
nom, prénoms, profession du demandeur, the merit of the request.
the indication of the purpose of the request, the
place, time, and day of the appearance. The defendant who appeared can no longer
to default.
The citation is made to no one or to home-
the procedure through a special administrative agent In this case, the decision is deemed contrary-
Element committed for this purpose. It can be dictionary and, after meaning in the
validly made by registered letter forms provided for in Article 319 below,
with acknowledgment of receipt or by telephone only the way of the call is open.
graphic.
Article 314.- The hearing is public.
Article 312 - The parties are required to
return to the place, day, and time specified by the The president leads the debates, questions and
President of the labor court. confront the parties, have them appear
witnesses mentioned at the request of the parties or
They can be assisted or represented of himself, in the indicated forms
either by a worker or an employer to articles 309, 310, and 311 above.
belonging to the same line of business
by a lawyer regularly registered at He proceeds to the hearing of any other per-
a bar is still by a representative sun whose deposition he considers useful to
of trade unions to which dispute resolution. He can proceed or
they are affiliated. have all observations or expert assessments carried out
ses.
Employers may also be re-
presented by a director or an employee The president leads the debates and ensures the
of the company or the establishment. police of the hearing. For this purpose, he can
request the intervention of the forces of
With the exception of lawyers, all agents the order.
the parties must have received written authorization from
mandator and approved by the President of the tribunal Art.315.-The court proceeds to the examination
the labor court or the social chamber. of the case. No referral can be
prononcé sauf accord des parties. Le tribu-
Art.313.-On the day set by the summons however, by reasoned judgment,
if the applicant does not appear and if he is prescribe all investigations, raids on the
proved that he received the summons and did not places and all measures of useful information
do not justify a case of force majeure there the.
the cause is struck off the roll. The same goes for
when he does not appear after being referred back. The costs incurred by the measures
Ordered instructions are paid on the
In these cases, the cause cannot be resumed. general criminal justice funds.
only once and according to the im- shapes
parties for the initial request, under Art.316.-Upon the conclusion of the debates, the tri-
penalty of disqualification. the council deliberates in secret.

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costs, to the defaulting party, by the clerk

The judgments rendered must be motivated or by a designated administrative agent
and their public audience. assigned to this effect by the president.

The minute of the judgment is signed by the Yes, within a period of ten days after the si-
president and by the clerk. magnification, apart from travel times, the d-
Faillant does not oppose the judgment.
Art. 317 - The assessors of the court can- in the forms prescribed in article 313
may be rejected in the following cases: above, the judgment is enforceable. In
• when they have a personal interest in the in the event of opposition, the president summons to
contest new parts, as it is said to the
• when they are parents or relatives of one articles 310 and 311 above; the new
of the parts; The judgment is enforceable notwithstanding everything.

• Yes, in the year that preceded the recounting default or call.

there has been a civil or criminal trial
between them and one of the parties or its Art.320.- The judgments of the court of
spouse or direct line ally; work is final and without appeal, except for
• if they provided written notice about the head of competence, when the figure
contest of the request does not exceed
pass
• if they are employers or workers of 100,000 FCFA. Above this amount,
one of the parties involved. the judgments are subject to appeal
before the Court of Appeal.
The recusal is filed before any debate.
at the base. The president rules immediately- Article 321 - The labor court hears
If the request is rejected, it is passed all counterclaims or
beyond the debate. If it is accepted, as compensation which, by their nature, ren-
the case is adjourned to the next one entering into his competence. When each
hearing before a differently composed court. main requests, reconvention-
or in compensation is in the li-
Article 318 - The judgment may order matters of its competence in last resort,
the immediate execution, notwithstanding opposition it is pronounced without there being any reason to

tion or call and by provision with dispen- the call.

as security, up to the amount of
2,000,000 FCFA. If one of these requests is likely
to be judged only on appeal, the court-
For the surplus, provisional enforcement may The labor court will not rule on everything.
that it is subject to appeal. Nevertheless, it rules
to be ordered to provide a guarantee.
Ultimately, if only the demand re-
The judgments ordering the pro-execution conventional in damages,
provisional judgments against a defaulting party founded exclusively on demand
can only be executed after main, exceeds its competence in der-
meaning in the forms provided by no return. It also rules without appeal,
articles 309, 310 and 311 above. in case of default of the defendant, if only the
counterclaims made by
Article 319.-In the case of a default judgment, this exceeds the rate of his competence
meaning is made in the forms of in the last resort, regardless of the
articles 309, 310 and 311 above without nature and the amount of this request.

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Article 322.- The execution of judgments is This one is immediately set by order-
pursued at the request of the concerned party announce the day, time, and place of
tightened. the audience to which the request will be
examined.
Article 323 - The judgments and rulings issued
for the benefit of workers indicate the name The president may allow to assign
of the bailiff who will lend his office to from hour to hour either in his office or at
the execution. the hearing should be at his home.

The costs incurred by this execution Article 328 - The interim order cannot
are the responsibility of the party that has lost prejudice to the substance and has a provisional character
baby at the trial. Evening. She does not have, primarily, authority to
the thing judged.

Section 4 - The summary proceeding It is enforceable on the minute and without pro-
vision.
Art.324.-In all cases of emergency, the
formation of interim relief composed of the President It cannot be reported or modified in
of the court and the clerk may, within the limit- referred only in case of new circumstances
the competence assigned to the courts the.
the work:
• arrange all measures that do not The interim order is signed by the
are not subject to any serious dispute president and the clerk.
or who justifies the existence of a diffé-
render; Art.329.- The interim order cannot
• grant a provision to the creditor subject to opposition.
in the case where the obligation is not se-
laughably questionable. It is subject to appeal. The deadline
The notice period is fifteen clear days to...
Art. 325 - The president may however, have you pronounced or the meaning of
me in the presence of a serious dispute the order when one of the parties does not
yes, prescribe precautionary measures or not appeared.
for restoration that are necessary, either for
to prevent imminent harm, either for The notice of appeal is sent to the registry of the
put an end to a manifestly illegal disturbance Court of Appeal at the same time as
cite. the contested order or an excerpt of it
device issued by the court registry
Article 326.- The court rules in the form work.
summons regarding execution difficulties
of a minutes of conciliation, of a Art.330.-The President of the Court of Appeal
judgment or any other enforceable title is competent to hear appeals
in social matters. appeals against the interim orders
rendered by the labor courts.
Art.327.-The request for interim relief is introduced-
led by simple written request addressed to the Art.331.-Within fifteen days of the pro-
President of the labor court. announcement of the judgment or of the meaning

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when it is prescribed, call may be in- Section 1 - The conciliation

referred to in the forms provided for in the articles
309, 310 and 311 above. Art.336.- Any collective dispute must be
immediately notified by the parties:
The call is transmitted within a period of one • to the labor inspector, when the
month following the appeal declaration to the the conflict is limited to the territorial jurisdiction
court of appeal with the file of of a labor inspection;
the case. The appeal is judged according to the rules • to the director of labor, when the
fixed to articles 309, 310, 311 and 312 below conflict extends over the territorial springs
above. several inspections of the
vail.
Art.332.-Le pourvoi en cassation contre
the decisions rendered in last resort are Art.337.- The labor inspector or the di-
introduced and judged as in civil matters. the labor inspector summons the parties and
proceed without delay to the attempt at conciliation
Article 333 - The minister in charge of justice liation.
and the minister responsible for labor determines
the terms of application of this agreement When one of the parties does not appear,
regulatory procedure. The code of the conciliator summons her again in
civil and commercial procedure applies a period that cannot exceed two days
for all the matters not regulated by the without prejudice to his conviction for a
present law or by its implementing texts. fine imposed by the court
recorded minutes drawn up by
l’inspecteur ou le directeur du travail.
Chapter 2 - Collective Disputes
At the end of the conciliation attempt,
the inspector or the director of labor draws up
Art.334.-The provisions of this chapter a report stating either the agreement
pits are applicable to disputes total or partial disagreement of the parties
collective agreements concerning the workers defined in which countersign the minutes.
article 2 of this law.
The conciliation agreement is immediate.
They do not apply to the employees of the serv- enforceable. It is filed with the clerk of the
vices, companies and public institutions labor tribunal of the place of the dispute and
in the absence of legislative provisions a copy is sent to the parties.
or specific regulations.
Art.338.-In the absence of an agreement, the conciliated-
Art.335.-The collective conflict refers to a The editor is writing a report on the state of the diffé-
dispute arising during execution send the address accompanied by the documents
of an employment contract and which opposes one or items and information collected by his
from employers to an organized group or care of the minister responsible for labor. A
worker's name for the defense of a a copy of the report is handed over without delay to
collective interest. each party with mention of the da-
to which this document was sent to
minister responsible for labor.

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Section 2 - Arbitration quests with companies and unions

cats and require parts for production
Art. 339.-Within a maximum period of ten days any document or information of a general nature
mom who follows the reception of the trial- economic, accounting, financial, statistical
verbal of non-conciliation sent by what or administrative that may be applicable to him
the labor inspector or by the director useful for the fulfillment of his mission
of work, the minister in charge of work de- He may resort to the services of experts,
refer the dispute to an Arbitration Board notably of accountants and engi-
composed of the President of the Court of Appeal rarely from any qualified person mentioned
and two members designated on the list capable of enlightening it.
the referees provided for in article 340 below.
Article 343.-The Arbitration Council pro-
Art.340.-The arbitrators are appointed from among within one month following the
the personalities likely to fill receipt of files.
the functions of referee whose list is established
held every two years by regulatory means Art.344.-The arbitral sentence of the Council
take action after advice from the consular Commission the arbitration is communicated without delay to
work tent. the labor inspector or to the director of
work that notifies the parties. It is
This list includes personalities immediately enforceable and takes effect on
chosen based on their moral authority count from the day of notification of the
and their competence in economic matters conflict à the authority competent.
mixed and social to the exclusion however of The labor inspector or the director of
Public authority officials in office. work is transmitted to the court registry
competent under the provisions of
The term of the arbitrators is renewable. Article 337 above.

Art. 341. - The referees, chosen from the list Art.345.-The enforcement of the sentence can
established in accordance with the provisions hereof to be refused by the parties or one of them
above, cannot be taken from the per- They. The refusal to apply is notified by
sons that participated in the attempt of written declaration submitted within forty
conciliation, neither among those that have a in- eight hours after the communication
direct interest in the conflict. from the sentence to the minister responsible for labor
who issues a receipt.
The referees members of the Council
arbitration are bound to professional secrecy It can be extended in accordance with the
professional regarding the documents related to them provisions of articles 123 and following of
muniqués and deliberations. the present law.

Article 342 - The Arbitration Council cannot When it is not refused by the parties
rule on objects other than those determined or by one of them the sentence is
undermined by the report of non-conciliation immediately enforceable and takes effect on
tion or those that are the direct consequence count from the day of notification of the
of the dispute in question. conflict with the competent authority.

He has the most investigative powers. Art.346.-The sentence you Advice

extended; it can proceed with all the en- of arbitration that has acquired enforceable force

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may be subject to an appeal before the

competent administrative jurisdiction in Section 3 - The strike and the lockout
the deadlines and forms provided for the appeal
in civil appeal. Article 351.- The strike is a cessation
coordinated and collective work in view
Article 347 - The Arbitration Council is pro- to support professional claims
nonce in law on the points of the re-conflict already determined ones to which
latifs to the interpretation of laws, rule- the employer refuses to provide satisfaction.
agreements, collective conventions or accords
of establishments in force. The work stoppage that does not correspond is illegal.
does not respond to any professional claims
He pronounces himself on equity regarding the other dif- in
friends, especially when they...
tent on salaries or on conditions of The right to strike does not authorize workers-
work when they are not fixed to execute their work in some
by the provisions of the laws, regulations, conditions other than those provided for their
collective agreements or accords employment contract or practiced in the
of establishments in force, as well as on profession and does not carry that of available
disputes related to negotiation and arbitrarily be premises of
the revision of the clauses of the agreements the company.
collectives.
Art. 352 - The strike does not terminate the contract
Art.348.- When a conciliation agreement of work, except in cases of serious misconduct attributable to the
or a sentence from the Arbitration Council worker.
deals with the interpretation of the clauses of a
collective agreement, on salaries or Constitutes a serious fault the fact that some
on working conditions, this agreement or striking workers oppose the work
this sentence produces the effects of a of others and that their tasks are ef-
collective labor agreement and may be performed by other workers, even
subject to the same extension procedure. those who are not usually assigned there
tés.
Article 349 - The conciliation agreements, the
sentences of the Arbitration Council are im- Any dismissal pronounced in violation
immediately inserted into the Official Journal and from the first paragraph of this article is
displayed in the management offices of null by right. Under these conditions, the
work and labor inspection, as well the worker is reinstated.
that instead of the workplace where the conflict arose.
Art.353.-The competent administrative authority
Art.350.-The conciliation procedure and attempts may, at any time, proceed to the
Arbitration is free. The rate for re- requisition of those workers from the
reimbursement of expenses incurred by the private companies and services and establishments
procedure, particularly the travel expenses public servants who occupy jobs
cement of referees and assessors, the essential to the safety of individuals
loss of salary or remuneration, the expenses and property, to the maintenance of public order,
of expertise, are set by regulation to the continuity of public service or to the
taire. satisfaction of the essential needs of the
community.

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• for employers, payment to

The list of jobs as defined is established. workers of the lost days of this
by regulatory means after the opinion of the done;
Advisory Commission on Labor. • for employers, by decision of
labor court upon request of the mid-
Art.354.-The competent authority regulates public prosecutor seized by the minister
the conditions and terms of requisition in charge of the work, for a period
classification of workers in jobs two years, ineligibility for the position
listed in the list provided in Article pre- members of the chamber's actions of
assignor. It specifies the cases in which the commerce, the prohibition of being part
notification of the requisition, made in prin- of the Economic and Social Council, of the
invoice to no one by signed service order Consultative Commission on Labor and
from the competent administrative authority or of an arbitration council and of participation
from the employer or his representative, by any means, to a
may nevertheless result from the publication work company or a market
in the Official Journal, of radio broadcasting of supplies on behalf of the State
phonics or display at the location of or its dismantling.
work of a regulatory text requiring
collectively and anonymously the work- Art. 359 - The strike and/or the lock-out, de-
occupying all or part of the jobs clenched after notification of the refusal of the
listed in the aforementioned list. sentence of the Arbitration Council are re-
legal holders and therefore do not result in the
Art.355.- Under no circumstances shall the exercise of rights
above consequences.
strike cannot be accompanied
occupation of workplaces or of
their immediate surroundings, under penalty of
penal sanctions provided for by the legislation Titre 8 - Les organismes et moyens
in force.
of execution
Article 356 - The lockout is a decision by
which an employer prohibits the employee
Chapter 1 - The Administration of Labor
access to the company on the occasion of a
collective work conflict.
Art.360.-The labor inspection, placed
Art.357.- All lock-outs are prohibited or under the authority of the minister in charge of
any strike before exhausting the procedures
Vail is responsible for all matters.
conciliation and arbitration resolutions set by
interesting the conditions of workers
the present law.
and professional reports.
Art.358.-The lock-out or the strike practiced
The labor inspectors take an oath in front of
in violation of the provisions of Article
the labor court of the jurisdiction, the oath
356 above leads to:
referred to in Article 362 above.
• for workers, the loss of the right to
the notice compensation and to damages Art.371.-In mines and quarries, thus
costs and interests for breach of contract; that in the establishments and construction sites where
the work is subject to the control of a
technical service, the civil servants char-

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People in this control ensure that the ins- draw up a report in the proper form
relevant installations for their technical control provided for in Article 365 above.
that are arranged in order to ensure the
workers' safety. Art.374.-The provisions of articles 362,
363, 365, 366, 367 and 368 above of the pre-
They ensure the enforcement of the regulations. These chapters do not undermine the...
specials that can be taken in this do- prerogatives of judicial police officers
I maintain and dispose for this purpose and in this clear regarding the observation and the for-
limit the powers of the tax inspectors sequence of offenses according to common law
They bring to the attention of municipality.
the labor inspector in charge measures the...
anything they have prescribed and, if applicable,
the formal notices that are served. Chapter 2 - The Advisory Bodies

The labor inspector can, at any time-

mind, ask and carry out with the func- Article 375 - A consultative commission
questionnaires referred to in the preceding paragraph, the work is established with the ministry
the visit of the mines, quarries, establishments in charge of the work and is chaired by the mi-
works and sites subject to control Minister in charge of labor or his representative
technique. tant. Elle est composée en nombre égal
of employers and workers respectively
Art. 372.-In the parts of establishments vement désignés par les organisations les
or military establishments employing of more representative of employers and
the civil workforce in which workers or by the minister in charge of
the interest of national defense is opposed to work, failing an organization that can
the introduction of foreign control agents to be seen as representative in ap-
grooms at your service, the control of the provisions Application of article 118 paragraph 2 here-
applicable in the field of work and of on top.
Social security is provided by the function-
officers or officials appointed for this purpose. This- Art.376.- A decree taken in Council of
the designation is pronounced by means of re- ministers set the conditions for appointment
regulatory. and the number of representatives of the em-
employers and workers, the duration of
The nomenclature of these parts their mandate, which cannot exceed 3 years,
of establishments or establishments is amount of compensation that is granted to them
drawn up by regulatory means. leased and determines the terms of fonc-
Operation of the Commission.
Art.373.-In case of absence or
of the impediment of the labor inspector Art.377.-Qualified officials or
and from the labor controller, the head of the cir- qualified individuals in particular
administrative conscription is their sup- in economic, medical, and social matters
legal pleader. may be convened, as an advisory capacity,
at the request of the president of the
He is authorized to observe the offenses by Advisory Commission on Labor or
written reports in view of which the majority of its members.
the labor inspector may decide to

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Art.378.-The Advisory Commission of declaration to the labor inspection of the res-

work can be consulted on all the sort and to the employment services.
questions related to work and hand-
of work, besides the cases for which its Must be declared in the same
notice is mandatory under conditions, the closure, the transfer, the
the present law. change of destination, the transfer and,
more generally, any change affects
She can, at the request of the minister responsible such an establishment.
of work :
• examine any difficulties arising at This declaration must be made in a
the occasion of the negotiation of a six-month deadline before the occurrence of
collective conventions; the event.
• to express an opinion on all issues
related to the conclusion and Every head of establishment must produce
the application of collective agreements periodically the situation of the hand-
and notably on their impacts of work that he employs.
economic.
The minister responsible for labor, after consultation with
The Consultative Commission on Labor is the Consultative Commission for Labor, sets
also responsible for studying the elements the terms of application of this article
that can serve as a basis for determination key through regulatory means.
and to the adjustment of the minimum wage:
study of the minimum vital, study of the conditions- Art.381.- The employer must keep cons-
general economic conditions. update instead of the exploitation one
register said "employer register" whose
Art. 379.-When the consular Commission the model is set by regulatory means,
The work committee is seized of one of the questions. after consultation with the Advisory Commission
actions referred to in the previous article, it work.
adjunct:
• a representative of the minister in charge of This register consists of three parts:
finances • the first includes the information
• a magistrate; comments regarding people and the
• a labor inspector. contract of all employed workers
in the company;
She can also join in, in an official capacity. • the second, all the indications
consultative, officials or person- regarding the work done, the salary
competent authorities as provided for in and the holidays;
article 377 above. • the third is reserved for visas, mid-
his formal notice and observations made
seen by the labor inspector or his
Chapter 3 - Means of Control délégué.

Art.382.- The employer's register must be

Article 380.- Anyone who intends you available without movement to
to open a business of any kind the labor inspector and kept for
whether it is necessary to do so beforehand the ten years following the last mention
who was taken there.

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less open to job requests

Art.383.-The minister in charge of labor, their.
after advice from the Advisory Commission
work can exempt certain... Art.385.-The public service in charge of
prizes or categories of companies of the employer issues a work card to everyone
the obligation to keep this register due to worker for whom a has been established
of their situation, of their importance or of file in accordance with the provisions of
the nature of their activity. the previous article.

Art.384.- A file is established for the tra- This map, created according to the indications
value retained by the service in charge of included in the file, must mention the state
employment. civil and the profession exercised by the work-
theirs.
Every hired worker is subject to
the eight days of a double declaration The photograph of the interested party or, failing that,
copy established by the employer and any other identification element must, if
addressed by the latter to the inspection of possible, to appear on the map provided in the pre-
work of the spring. sent article.

This statement mentions the name and At each hiring, the employer
the employer's address, the nature of must require the presentation of the card
the company or the establishment, all the work.
useful information about civil status and
the identity of the worker, their profession, the When the worker does not hold any
jobs he previously held, work card, the employer is required to
possibly the place of his residence, the fifteen days following the hiring,
the origin and the date of entry into Burkina Faso to request it from the service in charge of
so, the hiring date and the name of the previous- employment.
employer. Copy of the birth certificate
a certificate must be attached to the declaration. The conditions for issuing the card of
work will be established by regulatory means
Any worker leaving an establishment re.
must be subject to a formal declaration
under the same conditions mentioning the
start date of the establishment. Titre 9 - Les pénalités
Regulatory acts of the Minister of Chari
work-related, taken after advice from the Com- Chapter 1 - Civil Fines
consultative labor mission, determine-
the terms of these declarations, the
modifications in the work situation Article 386 - Is punishable by a civil fine of
those which must be subject to a declaration 5,000 FCFA for every assessor of the court
additional action and the pro categories work that will not have reported to its position
professional reasons for which the employer on the citation that will have been notified to him.
is temporarily exempt from declaration.
In this last case, a file must nevertheless

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In case of relapse, during the duration of the the times there will be registrations omi-
by the mandate of the assessor, the fine is imposed are erroneous;
at the double. • 5° any employer who has failed to do
the declaration provided for in Article 224
The court may also declare him incapacitated. on top
able to perform the functions in the future • 6° in the case of violation of the article
of labor court assessors. The ju- 145, the penalties will not be incurred.
management is displayed at its own expense. prejudice if the offense was the result of a
error concerning the age of the children and
Fines are imposed by the court- of adolescents committed during
of work. the establishment of the work card
• 7° any employer or any worker,
who will have refused to submit to the
Chapter 2 - Offenses amicable settlement procedure
of simple police individual disputes established at the ar-
Articles 302 and 303 of this law.
Art. 387.- Shall be punished by a fine of
5,000 to 50,000 FCFA and in case of recidivism Chapter 3 - Offenses
a fine of 50,000 to 100,000 FCFA:
• 1° the authors of offenses against the provisions-
positions of articles 22 paragraph 2 and 3, 28, Article 388 - Shall be punished with a fine of
29, 36, 38, 60, 62, 63, 66, 67, 71, 72, 50,000 to 300,000 FCFA and a
85, 87, 88, 95, 108 paragraph 1, 142, 144 imprisonment of one month to three years or
150 paragraph 2, 151, 152, 159, 160, 162 of only one of these two penalties and,
164, 166, 171, 180, 181, 182, 185, 186, in case of reoffending, a fine of
187, 203, 210, 211, 214, 215, 216, 217, 300,000 to 600,000 FCFA and a loan
221, 222 paragraph 2, 224 paragraph 1, 225 sentencing of two months to five years or of
226, 228 paragraph 1, 233, 234 paragraph 1, only one of these two penalties:
244, 254, 255, 256, 264, 382, 384 from the • 1° the authors of offenses against the provisions
present law positions of articles 5, 9, 15, 46, 47, 48,
• 2° the authors of offenses against the provisions- 147, 175, 202, 215 and 216 above;
positions of the regulatory acts provided • 2° anyone who, through violence,
by articles 8, 26, 27, 44, 70, 115, threats, deception, theft or promises,
134, 135, 140, 150, 157, 179, 203, 219, aura constraint or attempted to constrain
220, 229, 238, 240, 266, 282, 293 et a worker to be hired against his
394 grè, or who, by the same means to-
• 3° anyone who, by making use of has tried to prevent it or will have prevented it
of a fictitious contract or a card of whether to hire or to fill the
work containing indications obligations imposed by her contract;
inexact, will be hired or will • 3° any employer, authorized representative or
will be voluntarily replaced by a attendant, who will have knowingly, on the
three workers; worker's card, the register
• 4° regarding offenses from employer or any other document,
to the provisions of the regulatory act delivered false certificates re-
provided for in articles 381 and 382 herewith related to the duration and conditions of
above, the fine will be applied as much work completed by the worker,

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as well as any worker who will have or of only one of these two penalties,
knowingly made use of these certificates any employer who has withheld or used
tions ; in his personal interest or for the be-
• 4° any person who has demanded or care of his business the sums or ti-
accepted the worker's remuneration three cars in custody.
any agency as an intermediary
in the regulation or payment of Art.390.-The authors of offenses against
salaries, allowances, benefits, and expenses provisions of Article 148 above are
of all kinds; they are subjected to penalties provided by the law
• 5° any person who has made a declaration Important definition and repression of trafficking
makes a false accident report of children.
of work or occupational illness
the ;
• 6° anyone who has worn or Chapter 4 - Common Provisions
attempted to undermine either the freedom to offenses and misdemeanors
designation of employee representatives,
regular exercise of their functions
tions ; Art.391.-The legislation relating to cir-
mitigating circumstances and suspended sentence is applied
• 7° the party or parties that have refused to
to attend the scheduled summons cable for all the offenses provided for and
under the conditions set out in article repressed in the present title.
336 of this law relating to the ten-
mandatory conciliation attempt in Art.392.-When a fine is pronounced-
subject of collective disputes; here, under this title, it is in-
• 8° the part that, after having signed a run as many times as there have been
minutes of the conciliation provided for at of offenses, without however, the mon-
Article 303 above would not execute. so that the total of the penalties imposed can ex-
all or part of the sti commitments give in fifty times the minimum rates
pulled in the said report; see above.
• 9° any person who will have opposed
you will have tried to oppose This rule applies particularly in the
the execution of obligations or to cases where several workers would have been
the exercise of the powers that are incumbent employees under conditions contrary to
to the labor inspectors, to the controls- the present law.
work and to the district heads
administrative description acting as Art.393.-For all offenses, pre-
inspectors' substitutes of labor. pursuant to this law, recidivism is
stated in accordance with the provisions of the
En outre, lui seront appliquées, les disposi- legislation in force.
criminal offenses that provide for and punish the
acts of resistance, the outrages and the vio- Art.394.-Business leaders are civil-
lenses against the police officers jud element responsible for convictions
clair. pronounced against their grounds of pou-
witnesses or attendants.

Article 389 - Is punished by a fine of

360,000 FCFA to 3,600,000 FCFA and a
imprisonment from two months to two years

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Title 10 - The provisions Art. 396 - Collective agreements

transitional and final conclusions prior to this law
will remain in effect in those of their dis-
positions that are not contrary to it.
Art. 395 - The provisions of this
laws are automatically applicable to the These collective agreements are likely to
individual contracts in progress. dosed to be the subject of regulatory acts
of extension under the conditions provided
They cannot constitute a cause of by this law.
termination of these contracts.
If they have been subject to prior extension
Any clause of an ongoing contract that does not prior to this law, these acts re-
would not comply with the provisions of the regulatory provisions remain in force in all
present law or a regulatory act taken that they are not contrary to the provisions
for its application will be modified in a provisions of this law.
a period of six months, starting from the publication of
Article 397 - The regulations made in application
application of this law or a regulatory act
comment in question. decree of law no. 11/92/ADP of December 22
the 1992 provisions remain in effect
In case of refusal by either party, the judge- in everything that is not contrary to the
The competent jurisdiction may order to pro- present law, under the penalties provided
to comply, under penalty of a fine, with the modifications for violations of the corresponding regulations
actions that will be deemed necessary. respondents that it expects.

Workers continue to benefit Art.398.-This law repeals all

benefits that have been granted to them, previous contrary dispositions, no-
specifically law n°11/92/ADP of December 22
when these are higher than those that
acknowledge this law. December 1992, bearing the labor code will be
executed as state law.

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