Labour law in Burkina Faso

The new Labour Code (Code du travail) comprises ten titles and 441 articles. It generally applies to dependent work under the direction or authority of an employer and also covers apprentices and interns. Law No. 013-2026/ALP was adopted on 6 May 2026 and promulgated by Decree No. 2026-0613/PF on 12 June 2026; it replaces Law No. 028-2008/AN. Civil servants and other public employees are generally subject to special rules. There is no directly equivalent body of labour law for self-employed and informal work. In the agricultural sector, 98.7 per cent of jobs are informal; women and rural areas are more affected. Employment contracts may be concluded orally or in writing. A probationary period lasts no more than eight days for hourly or daily employment, one month for non-managerial employees, or three months for managers, senior staff and technicians. It may be extended once for the same period; a written agreement provides the necessary evidence. A fixed-term contract must be in writing, may generally last no more than two years, and is limited to three contracts or two extensions with the same employee. If these limits are exceeded, the employment relationship may be treated as an indefinite-term contract. Exceptions include, among others, one-day assignments, seasonal work, replacements, temporary peaks in activity and certain industry practices. A fixed-term contract may generally end early only by written agreement or for serious misconduct. End-of-contract compensation may be payable when the contract ends. Internship and apprenticeship contracts must be concluded in writing. A violation may result in conversion into an indefinite-term contract or invalidity with damages. These contracts are exempt from stamp and registration fees. Private employment agencies require accreditation. Assignment to another company may last no more than one continuous year or one year in total; after that, a permanent employment relationship with the user company may arise. In principle, equal pay applies to equal work and equal qualifications. Jobseekers may not be charged fees for placement. Regular working time is generally 40 hours per week. Agriculture is subject to special rules providing for 2,400 hours per year and a separately regulated weekly distribution. Overtime gives rise to a wage supplement, whose exact rates are determined by further regulations. The weekly rest period is at least 24 consecutive hours and generally falls on Sunday. Telework is legally recognised and requires an agreement with the staff delegates or the entire workforce, as well as a copy for the labour inspectorate. The statutory minimum wage (SMIG) most recently found in official sources was 45,000 FCFA per month outside agriculture in 2023, or 259.62 FCFA per hour. For agriculture, figures of 239.69 FCFA per hour or 1,917.52 FCFA per eight-hour working day were reported. An increase for 2026 has not been confirmed in the official sources reviewed and should be checked again with the competent authority. Wages may be paid in cash, by cheque, bank transfer or another verifiable lawful form of payment; payment in kind is generally not permitted. The payment period may not exceed 15 days for hourly or daily pay and one month for monthly pay. For monthly wages, payment must be made no later than eight days after the end of the month; for fortnightly pay, within four days; and for weekly pay, within two days. Daily wages must be paid immediately. Fines imposed on employees are prohibited, and wage claims have special priority. Employers must register new employees with the National Social Security Fund (CNSS) within eight days. The CNSS covers family benefits, occupational risks and pensions. An official CNSS form lists rates of 6 per cent, 1.5 per cent and 14 per cent for these purposes. The contribution base includes total remuneration, including bonuses, compensation and benefits in kind with a monetary value. The precise allocation between employer and employee should be checked against current CNSS requirements. Voluntary CNSS insurance may supplement social protection, but it does not replace employment-law claims arising from an employment relationship. The law prohibits discrimination on grounds including colour, sex, religion, political opinion, disability, HIV status, pregnancy, national origin or social origin. Positive measures for young people, women, persons with disabilities, particularly vulnerable groups and certain areas are permitted. Forced labour and sexual and psychological harassment are prohibited; protection also covers relationships with employers, employees, apprentices, interns, suppliers and customers. Employers must provide adapted workplaces for persons with disabilities in accordance with a separate quota. Pregnant employees may not be dismissed during maternity leave, dangerous duties must be adjusted without loss of pay, and no work may be required during the six weeks after childbirth. Breastfeeding employees are entitled to up to 1.5 hours of paid breastfeeding time within working hours each day for up to 15 months. The minimum working age is 16; light work may be permitted under special conditions, while hazardous child labour remains prohibited. Employees may report a serious and imminent danger or withdraw from dangerous work under the statutory conditions. The labour inspectorate may order immediate protective measures and, where necessary, suspend work. A health and safety committee must generally be established at workplaces with at least 25 employees; the labour inspectorate may also require one at smaller companies. Trade unions may be freely established, and employees may join them. Every four years, the ministry prepares a list of representative trade unions. Collective agreements bind their signatories and members; more favourable individual contractual terms remain paramount. A joint committee may negotiate industry-wide collective agreements. An extension to other employers may be made by regulation at the request of a representative trade union or on the ministry's initiative. Staff delegates generally serve two-year terms. A representative trade union may appoint one union delegate per establishment. The transfer of a protected representative requires the labour inspectorate's approval; dismissal requires its prior authorisation. The decision should be issued within 15 working days, and silence is deemed approval. A violation may result in invalidity and reinstatement. A wage deduction in favour of a trade union may be made under the statutory conditions. For individual disputes, proceedings generally begin with a conciliation request to the competent labour inspectorate. If payment has not been proven, the inspectorate may issue an enforceable statement concerning statutory or contractual wages, paid leave and seniority bonuses. If conciliation fails wholly or partly, the labour court may have jurisdiction. Jurisdiction generally lies with the court at the place of work; in dismissal cases, the employee's usual residence or the place where the contract was concluded may also be relevant. Social proceedings are free of charge, and legal aid may be available for enforcement. An appeal is generally possible only where the amount in dispute exceeds 1,000,000 FCFA; an appeal against a decision in interim proceedings must be lodged within six days. When terminating an indefinite-term contract, the employer must state the reason in the dismissal letter. The notice period is eight days for hourly or daily work, one month for ordinary employment, or three months for managers, senior staff, technicians and comparable employees. During the notice period, employees are entitled to two paid working days per week to look for work. In cases of serious misconduct, the notice period may be waived, but the employer must prove the lawfulness of the dismissal. An abusive dismissal may result in reinstatement or damages; if the employee objects, damages are capped at 24 months' wages. A defective dismissal procedure may give rise to additional compensation. The employer must issue an employment certificate or work certificate whenever the contract ends. Collective disputes are first conciliated by the competent labour inspectorate. Conciliation lasts no more than 15 working days unless otherwise agreed. The ministry may then refer the matter to the arbitration council within no more than ten days; its decision may take no more than three months. An appeal against it may be brought before the Social Chamber of the Court of Cassation. A strike may generally not result in dismissal, except in cases of serious misconduct. Minimum services may apply. A strike or lockout requires prior conciliation and an arbitration decision, as well as 48 hours' written notice; a national trade-union strike requires 15 full days' advance notice. Violence and obstruction of work are prohibited. The labour inspectorate monitors compliance with the law, provides advice, conducts conciliation and keeps the source of a complaint confidential. Inspectors may enter workplaces during the day and at night, order measures in cases of danger and, where necessary, request assistance from the public authorities. Administrative fines must be paid within 30 days; if they are not paid or no objection is filed, enforcement may begin after eight days or the matter may be referred to the public prosecutor. Employers must keep the legally prescribed register for ten years. Details concerning visas, fees, the disability quota, overtime rates, industry agreements and the minimum wage for 2026 should each be checked with the competent labour inspectorate, ministry, CNSS or court authority.