3. Fixed-term contract (CDD)

 In Mali, fixed-term contracts are restricted to specific sectors of activity and very particular circumstances:

Sectors that may use fixed-term contracts without restriction:

. forestry operations;

. ship repair;

. removals;

. the hotel and catering industry;

. entertainment;

. cultural activities;

. audiovisual;

. news and information;

. leisure and holiday centres;

. education;

. professional sport;

. research and polling;

. meat warehousing and storage;

. construction and civil engineering;

. social and health care services.

In these various sectors, fixed-term contracts may be renewed an unlimited number of times, unlike in specific situations where they may not be renewed more than twice.

 Special circumstances: A fixed-term contract may also be entered into where:

1. the worker is recruited to replace another worker on sick leave, annual leave or statutory suspension;

2. for the performance of temporary work.

Furthermore, a contract entered into for the completion of a specific project or the execution of a task whose duration cannot be precisely estimated in advance is considered a fixed-term contract.

Duration and renewal of fixed-term contracts 

A fixed-term contract may not be renewed more than twice with the same employer. Its duration may not exceed two years, including renewals.

Furthermore, a fixed-term contract must be set out in writing. A fixed-term contract that is not in writing is treated as a permanent contract. Similarly, a fixed-term contract that is not renewed upon expiry ceases to be a fixed-term contract and becomes a permanent contract.

 It is therefore essential not to proceed without a template, as this type of contract contains several mandatory clauses. Omitting even one of these could result in your fixed-term contract being converted into a permanent contract.

 For example, a fixed-term contract for which a copy has not been filed with the relevant Labour Inspectorate before the contract comes into effect is treated as a permanent contract.

 Termination of a fixed-term contract 

A fixed-term contract may only be terminated before its expiry in the event of serious or gross misconduct on the part of the employee (at the discretion of the court).

In the event of force majeure (an unforeseeable, insurmountable event beyond the control of the parties) or by mutual agreement between the parties (set out in writing).

 Where an employee on a fixed-term contract is not performing satisfactorily and the employer wishes to terminate the contract, the only option is to negotiate the termination by mutual agreement, failing which the employer may be liable to pay damages. This also applies to an employee on a fixed-term contract who wishes to resign before the end of the contract.

 What should be done if an employee on a fixed-term contract is absent due to illness or an accident?

Accidents, occupational or non-occupational illness (documented in writing and occurring within a period of six months or less), and maternity leave do not extend the term of the fixed-term contract. If the contract is due to end during such an absence, the fixed-term contract ceases on the scheduled date.

Key terminology

 Expatriate worker: Foreign workers with expatriate status who are in paid employment in Mali may only work under a fixed-term contract that can be renewed only twice, after obtaining a work permit from the ANPE (National Employment Agency).

Differences between an expatriate worker and a foreign worker

A foreign worker is an employee in Mali who does not hold Malian nationality and who settled there for other reasons before finding employment.

An expatriate is a foreign worker whose residence in Mali is due to their current employment. They were recruited outside Mali and settled in Mali by their current employer. Consequently, the employer is obliged to provide them with benefits to compensate for their expatriation (expatriation allowance, accommodation, transport, domestic staff, holiday travel and repatriation at the end of the contract, etc.)

Precariousness allowance: This is granted to employees whose fixed-term contract is coming to an end. It amounts to 2.5 per cent of the gross salary received by the employee during their period of employment.