After several years of discussions, Burkina Faso has adopted a modernized Labor Code. Here’s an overview of the major innovations introduced by this landmark legislation.
Burkina Faso has just taken a decisive step in modernizing its labor law. The adoption of the new Labor Code, structured into 10 titles, 30 chapters, and 441 articles, marks a significant break with the previous legal system and reflects the legislature’s commitment to adapting the regulatory framework to contemporary economic, social, and technological realities. Here’s an overview of the major innovations that every employer, worker, and legal practitioner should be aware of.
I. EMPLOYMENT CONTRACTS
Strengthened Regulations for Fixed-Term Contracts
The use of fixed-term contracts is now limited to a maximum of two renewals with the same worker, and to a total of three contracts (consecutive or not) within the same company. The duration is standardized at two years for all workers, both nationals and foreign nationals.
Temporary Work Better Regulated
The maximum duration of temporary work is set at one year. The principle of equal pay with permanent employees is enshrined, and the circumstances under which temporary work can be used are strictly defined.
Recognition of Teleworking
In response to technological developments and the post-Covid context, teleworking is officially integrated into the Labor Code and is subject to its own legal framework, long awaited by both companies and employees.
II. PROTECTION OF WORKERS
Unfair Dismissal: Increased Compensation
The cap on damages in cases of unfair dismissal is increased from 18 to 24 months’ salary, strengthening deterrence and compensation for workers who are victims of unjustified termination.
Workplace Harassment Better Defined
Psychological harassment is explicitly recognized, and the definition of sexual harassment is redefined to facilitate legal proceedings. A significant step forward for the dignity and safety of workers.
Expanded Social Rights
The duration of breastfeeding leave is extended to 15 months (from 14). Special leave for social events is increased from 10 to 15 days. Contract suspension for pretrial detention is extended from 6 to 10 months.
III. PROCEDURES AND GOVERNANCE
Access to Appeals Increased
The threshold for appeal admissibility is raised from 200,000 to 1,000,000 FCFA, reducing low-value litigation and alleviating the burden on appellate courts.
Collective Disputes: Improved Procedures
A three-month deadline is set for arbitration decisions, and the possibility of an appeal to the Court of Cassation is introduced, providing a mechanism for judicial review in collective disputes.
Enhanced Occupational Health and Safety
The creation of a health and safety committee is now mandatory for companies with 25 or more employees (down from 30 previously), extending protection to a larger number of businesses.
IV. FOREIGN WORKERS AND SPECIAL PROVISIONS
Strict Regulations for Foreign Workers
The employment of foreign workers is subject to prior authorization, a work permit, and contract validation before commencing work. Visa renewal is mandatory every two years.
Force Majeure and Temporary Layoffs
Force majeure is now recognized as a cause of temporary layoffs (rather than suspension without pay), which has significant practical implications for companies experiencing temporary difficulties.
Union Dues by Withholding Tax
The check-off mechanism (withholding of union dues at source) is officially introduced, simplifying the collection of union resources and strengthening collective representation.
KEY POINTS FOR COMPANIES
Compliance with this new Code requires a review of standard employment contracts, internal regulations, and HR practices. Companies with 25 or more employees must, in particular, plan for the establishment of a health and safety committee. Current fixed-term contracts will need to be closely monitored in light of the new renewal limits.