BURKINA FASO Law and Practice Contributed by: Bobson Coulibaly, Pierre Yanogo, Oumarou Cisse and Diana Woba, SCP Yanogo Bobson
4.2 Characteristics of Employment Contracts There are specific rules that apply to employ - ment contracts. While employment contracts can be verbal or written, Article 54 of the Labour Code states that fixed-term contracts must be in writing. If they are not, they will be considered to be a perma - nent contract. The employment contracts of national workers who have to work outside the national territory, as well as the contracts of non-national workers, must also be approved and registered by the local labour inspectorate. In terms of the duration of contracts, an employ - ment contract may not be concluded for a peri - od of more than two years for national workers and three years for non-national workers under Article 54 of the Labour Code. Fixed-term employment contracts may be renewed indefinitely. However, where there are abuses, they will only be renewed at the discre - tion of the labour court. 4.3 Working Time The legal working time for employees or workers regardless of sex, age, task or type of work they are carrying out or working arrangements is 40 hours per week in all public or private establish - ments. In terms of overtime, an order regulates overtime hours and provides that in companies that oper - ate 24/7, including Sundays and national holi - days or in companies where hours are worked in shift patterns, day and night shifts are paid at the normal hourly rate within the legal working time limit or an equivalent time.
Article 3 of this order specifies that overtime may be worked in all professional branches up to a maximum of 20 hours a week. Article 5 of this order specifies that overtime in non-farming companies gives rise to a minimum increase in the actual salary, as follows: • a higher rate of 15% for the first eight hours; • 35% for additional hours; and • 120% for night shifts worked on rest days and public holidays. 4.4 Termination of Employment Contracts Fixed-term employment contracts may only be terminated before their term ends if there is a written agreement between the parties if a force majeure event occurs or if there is gross negli - gence. Failure by either party to comply with these con - ditions entitles the other party to damages cor - responding to the loss suffered by that party. A permanent employment contract may be ter - minated at the will of either party, subject to the provisions relating to dismissals for economic reasons. Staff delegates, union delegates and any other protected workers are subject to spe - cial rules, notably the prior opinion of the labour inspectorate. If the reason for dismissal is considered abusive, the employer may have to reinstate the employ - ee or pay damages. Termination of a permanent contract is subject to: • eight days’ notice for workers paid by the hour or day;
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