Introduction
Labor law is, by its very nature, a living law. It reflects the power dynamics between capital and labor, mirrors the economic and social transformations of an era, and serves as the instrument through which the State arbitrates, regulates, and protects. As such, it cannot remain static in the face of the profound changes occurring in contemporary societies: globalization of trade, the rise of digital technology, the increasing precariousness of employment, and heightened demands for the protection of dignity in the workplace. It is in this context that Burkina Faso made the sovereign decision to thoroughly overhaul its legal framework in social matters.
The adoption of the new Labor Code is a major legislative act. Not because it breaks with all the achievements of previous law—continuity being a cardinal principle in law—but because it fully embraces a reformist ambition where its predecessor had become untenable in light of practical realities and the requirements of international labor standards, particularly those issued by the International Labour Organization (ILO).
Comprising 10 sections, 30 chapters, and 441 articles, this new legislation is more than just a legislative overhaul. It represents a structural reform of several key aspects of the employment relationship: securing temporary contracts, regulating dismissals, combating harassment, regulating new forms of work, protecting vulnerable groups, and improving the handling of individual and collective disputes.
As practitioners of employment law, we have an intellectual and professional obligation to rigorously analyze this reform, identify its real contributions, assess its practical scope, and anticipate its concrete implications for both employers and workers. Because a law, however well-drafted, only becomes effective if it is known, understood, and applied. This is precisely the purpose of this article.
1. Securing the Use of Temporary Contracts
The new Code directly addresses precarious employment by strictly regulating fixed-term contracts (CDDs). From now on, a single worker may only have their contract renewed a maximum of two times, and the total number of CDDs concluded with the same employer, whether consecutive or not, is capped at three. Furthermore, the maximum duration of a CDD is standardized at two years for all workers, both nationals and foreigners, eliminating a previously unjustified disparity in treatment.
Similarly, temporary work is subject to stricter regulations: the maximum duration of its use is set at one year, temporary workers receive equal pay with permanent employees, and the legitimate grounds for using temporary work are strictly defined. These provisions aim to curb the abuse of temporary contracts used as a substitute for permanent contracts, a practice long denounced by unions and labor courts. These measures undoubtedly represent a significant step forward in protecting the most vulnerable workers.
2. The formal recognition of teleworking
For the first time, the Code incorporates regulations governing teleworking, thus responding to the profound changes brought about by the digital revolution and accelerated by the post-Covid health crisis. This legal recognition was long awaited. It finally provides a legally binding framework for companies and employees who use this form of work organization, which until now had been practiced in a regulatory vacuum detrimental to the legal security of all parties. The Burkinabe legislature has thus pragmatically joined the movement to codify teleworking already underway in many countries in the sub-region and beyond.
3. A significant strengthening of protection against unfair dismissal
One of the measures most eagerly awaited by labor law practitioners concerns compensation for unfair dismissal. The maximum amount of damages has been raised from 18 to 24 months’ salary, representing an increase of one-third. This increase is not insignificant. It reflects the legislator’s awareness of the insufficiently dissuasive nature of the previous cap, which encouraged some employers to prioritize litigation over procedural regularity. With this new threshold, wrongful termination of employment contracts will have a significantly higher financial cost, thus providing a greater incentive to comply with legal
4. Notable Procedural Improvements
In the area of labor litigation, the legislature has made two adjustments of considerable scope:
The threshold for the admissibility of an appeal has been raised from 200,000 FCFA to 1,000,000 FCFA. This measure, which might at first glance seem restrictive, actually addresses a practical need: to relieve the burden on appellate courts overwhelmed by low-value disputes and to concentrate judicial resources on cases with genuine stakes. It also encourages parties to better assess the cost-benefit analysis of an appeal.
In collective disputes, arbitration procedures are being reformed with the introduction of a three-month deadline for issuing arbitral awards, thus imposing time constraints on a process that is often bogged down. Most importantly, the reform establishes a right of appeal to the Court of Cassation against arbitral awards, strengthening the parties’ rights and harmonizing labor law.
5. Strict Regulation of Foreign Workers
The use of foreign labor is now subject to a binding prior authorization system: obtaining a work permit, validation of the contract by the competent authorities before any work begins, and visa renewal every two years. These measures reflect a clear legislative policy: protecting local employment without closing the door to foreign talent, but by imposing conditions of transparency and regularity that apply to all parties. Employers who enter into contracts with foreign nationals without respecting these formalities now expose themselves to significant legal risks.
6. Combating Workplace Harassment Established as a Priority
The new Code marks a considerable step forward by expressly recognizing psychological harassment as a punishable offense in the employment relationship. This recognition was a glaring deficiency in the previous law, leaving victims of humiliating, degrading, or destabilizing behavior without appropriate legal recourse. In parallel, the definition of sexual harassment has been reformulated to facilitate its legal characterization and prosecution, thus removing the evidentiary obstacles that had long hampered legal action in this area. These provisions address the requirement of dignity in the workplace, which is now a fundamental right recognized by the international instruments to which Burkina Faso is a party.
7. Expanded Social Protections
The legislature took advantage of this reform to strengthen several social protection mechanisms whose inadequacy had been regularly denounced:
The suspension of the employment contract for workers in pretrial detention has been extended from 6 to 10 months. This extension is welcome: it prevents a worker presumed innocent—pretrial detention not being a conviction—from losing their job before the courts have even issued a final ruling on their case.
The duration of breastfeeding breaks has been extended from 14 to 15 months, taking into account public health recommendations and the realities experienced by working mothers.
Special leave for social events (weddings, deaths, baptisms) is extended from 10 to 15 days, thus recognizing the central role of family and community ties in Burkinabè social life.
8. Innovations in Social Organization and Prevention
The Code finally enshrines two practical provisions of real importance:
The withholding tax on union dues (check-off) is instituted, facilitating the regular financing of unions and, consequently, strengthening the foundations of social dialogue, the vitality of which is a condition for social peace in the workplace.
The obligation to establish a health and safety committee at work is now triggered when companies have 25 or more employees, compared to 30 previously. This lowering of the threshold automatically broadens the scope of occupational risk prevention to a greater number of companies, in a