4. CDD normal

It applies to national workers residing in Mali. The terms are identical to those of a permanent contract.

In Mali, a fixed-term contract may be renewed no more than twice, for a maximum duration of 24 months.

A fixed-term contract is a firm commitment. It is undoubtedly the most rigid type of employment contract available: it can only be signed under specific conditions and is very difficult to terminate whilst it is in force. Here is an overview of what it entails:

A fixed-term contract (CDD) is a type of employment contract permitted in certain very specific cases:

• Replacement of an employee on leave (sick leave, maternity leave, etc.);
• A temporary increase in workload, to be proven by the employer;
• Seasonal work;
• A task of a fixed duration.

In all cases, the contract must not have the purpose or effect of permanently filling a post linked to the company’s normal business activities, without risking reclassification as a permanent contract (CDI), which would then result in fines for the company. The maximum duration of a fixed-term contract is 24 months. A fixed-term contract may be renewed twice for the same post.

This contract may be for a fixed term (a specific date) or an indefinite term (the permanent recruitment of an individual, or an employee’s return from sick leave or maternity leave).

A fixed-term contract does not include a probationary period. However, due to a lack of awareness, some employers include this in the contracts. Under this common practice, the trial period is one day for each week of the contract, up to a maximum of two weeks if the contract is for less than six months, and one month if the contract is for more than six months. During this period, either party may terminate the contract unilaterally, without giving a reason or paying compensation.

A fixed-term contract must be in writing and provided to the employee within 48 hours of their initial appointment. It must include specific details regarding: the reason for using a fixed-term contract; the name and job title of the absent employee if the role is a replacement; the expiry date or, if this is not specified, the minimum duration of the contract; and the grounds for renewing the fixed-term contract, where applicable. 

The contract must also include the standard terms found in any employment contract: the job title, the duration of the probationary period (if any), reference to the collective agreement, and remuneration.

The fixed-term contract ends either when it reaches its expiry date, or due to serious misconduct on the part of the employee, which then justifies their dismissal without compensation by the employer. When the contract reaches its end, it provides for a ‘precariousness bonus’ equivalent to 2.5 per cent of the remuneration paid by the company to the employee.