In Burkina Faso, an indefinite-term employment contract can be terminated at will by either party by giving a written notice. When serving notice of dismissal, the term of the notice deadline is:
The notice period becomes effective from the date of delivery of the notice. If an open-ended employment contract is terminated without notice, or before the full notice period is completed, the party initiating the termination must pay the other party compensation in place of the required notice.
Employment contracts can be terminated without notice in case of gross misconduct, subject to the assessment of the competent court regarding the seriousness of the misconduct.
Group dismissals or layoffs require a minimum 30-day notice period. In such situations, the labor code requires that employees with the lowest level of skills and experience, and those hired last, be dismissed first. If the economic situation for a company improves within a 2-year period, released employees must be rehired.
Foreign employees who seek employment in Burkina Faso must obtain a work permit and a long-stay visa through their prospective employer. The employer must apply for a visa, and a company letter (stating a specific mission), and confirmation of itinerary from a travel agent must be provided. If the employer fails to apply for the visa, the worker has the right to declare the nullity of the employment contract and claim damages and interests. The work permit is valid for 3 years. Employees must also apply for a resident permit, which is a visa with a validity period exceeding 2 years.
Employees are entitled to 30 days of paid annual leave, accrued at the rate of 2.5 days per month. The duration of leave is increased by 2 days after 20 years of continuous service, by 4 days after 25 years of service, and by 6 days after 30 years of service.
The annual leave may be taken all at once or broken into parts such that at least one part is 15 days long.
Employees must be paid their wages for annual leave in advance. Employees must also be paid for their remaining annual leave at the time of termination of their contract.
In Burkina Faso, the regular working hours are 40 hours a week. This regulation applies to all legal work assigned to employees or unskilled workers, male or female, of any age, working temporarily, by task or by piece in public or private institutions. In the farms, the work hours are 2,400 hours the year.
Maternity leave is for fully paid by the employer and Social Security System for up to 14 weeks. The leave starts at the earliest at 8 weeks and the latest 4 weeks prior to the expected date of delivery, regardless of whether the child was born alive or not. The employer cannot, even with the worker’s agreement, employ the woman during the first 6 weeks after childbirth.
Maternity leave can be extended by 3 weeks in case of complications related to pregnancy or confinement. Employed expectant mothers or pregnant spouses of an employee are entitled to a monthly pre-natal allowance of XOF 1,500 (West African CFA Franc) per month of pregnancy.
The Government of Burkina Faso is the sole governing body responsible for determining the minimum wage. All employers must pay employees a minimum of XOF 45,000 (West African CFA francs) per month, with a few notable exceptions. Minimum wages outlined in the Labor Act of 2008 excludes those who work as magistrates, militaries, civil servants, employees of the local government, and apprentices.
Salary is fixed by mutual agreement of employees and employers or collective agreements. Salary must be paid at regular intervals not exceeding 15 days for employees hired by the hour or day, and 1 month for employees hired monthly. Daily temporary employees must be paid at the end of the working day. Monthly payments must be made at least 8 days after the end of the month, and fortnightly payments must be made 4 days after the end of the period. Employees must be provided with payslips, and a payroll register must be maintained.
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