Work and Wages

Minimum Wage

Minimum wages in Burkina Faso are governed under the Labour Act of 2008 and Decree No. 2006-655/PRES/PMT/MTSS/MFB. Under the Labour Act, anyone who commits himself/herself to carry out his/her professional activity for a remuneration, under the direction and authority of another person, called employer is considered to be an employee or worker. Civil servants, magistrates, militaries, employees of the local government and apprentices are excluded from the minimum wage provisions. Furthermore, there are different minimum wage rates for agricultural and non-agricultural workers.

The Government is solely responsible for deciding the minimum wage. The Decrees taken by cabinet meeting, upon advice of the consultative Labour Commission, determine: i) The inter professional minimum wages guaranteed according notably, to the general wage level in the country and the cost of living and considering the economic factors; ii) The composition, assignments and functioning of a national commission for the guaranteed inter-professional wages; In the absence of collective agreement or in their silence on wages, a decree taken in government meeting also fixes: i) The professional categories and the corresponding minimum wages; ii) The seniority and output premiums eventually. A 2010 Decree established a National Commission on Minimum Inter-Professional Guaranteed Minimum Wage with different representatives from government departments, economic and social council, worker and employer organizations. The Commission is responsible for preparing a technical report to the Government for review of the SMIG basket, adopt any proposal to improve the living and working conditions of the people of the country and give its opinion on any question which is likely to affect wages.

Wages may also be determined by collective agreement provided that these rates are not lower than the minimum wage rates established by the government. In the event that a collective agreement does not stipulate wage rates for a sector or group of workers, the government may determine minimum wage scales according to the occupational category of the workers concerned. The remuneration for a task or piece work must be calculated in such a way that it gives an employee the salary which is at least equal to the one the employee is paid by the time doing similar work. The labour inspectorate, placed under the Ministry of Labour, is in charge of all the issues relating to the conditions of the workers and the professional relationships. Those who violate the minimum wage provisions, announced under a separate decree, are punished with a fine ranging between 5,000 to 50,000 CFA Francs. In the event of repetition of offence, the fine ranges between 50,000 to 100,000 CFA Francs.

An advisory Labour Commission is established at the level of the Ministry in charge of Labour. The commission, chaired by the Minister in charge of Labour or his representative, is made up of employers and employees on the basis of equal representation. The latter are designated by the organizations most representative of the employers and of the workers or by the Minister in charge of Labour in the event of absence of representative organizations. Its responsibility is to study the criteria that could serve as basis for the determination and the readjustment of the minimum wage.

Sources: §2, 107, 187, 405, 408 and 421 of the Labour Act, 2008; Decree No. 2006-655/PRES/PMT/MTSS/MFB; Decree N° 2010-809/PRES/PM/ MTSS / MEF // MFPRE of 31 December 2010 on the creation, composition, attributions and functioning of a National Commission on Minimum Interprofessional Guaranteed Wage

Regular Pay

Wages are defined as a benefit given to the employee by the employer against his/her work. It consists of the basic pay, whatever its denomination and the fringe benefits to the salary, notably, the paid leave allowance, the bonuses, the indemnities and benefits of similar kind.

The wage must be paid at regular intervals that should not exceed fifteen days for the employees hired on an hourly basis or daily basis and a month for employees hired on a monthly basis. However, the daily employee hired on an hourly or daily basis must be paid every day immediately after the end of his/her work. The monthly payments must be done eight days at the latest after the end of the month of work; two weeks payment must be done at the most 4 days after the end of the two weeks, while for weekly payment this period is two days. For professions which provide a different payment periodicity, the Minister in charge of Labour will statutorily determine the same, upon advice rendered to him/her by the consultative Labour Commission.

The wage is required to be given at the workplace, except in cases of absolute necessity and under no circumstances it can be made at a place of leisure (pubs or casinos), except for the employees working there nor they can be given on the rest day designated for employees. The salary must be paid in the legal currency in Burkina Faso (West African CFA Franc). Payment in any other currency is void. With equal conditions of work, professional qualification and output, the wage is equal for all workers irrespective of their origin, gender and age. In the absence of any collective agreement, the wage is fixed by consent between the employer and the employee.

Employers cannot fine or deduct wages of the employees for any reasons in the normal course of events. Deductions are made only by seizure-attribution or voluntary transfer by the court of competent jurisdiction or the Labour inspection authority.

The payment of all or part the salary in kind is also prohibited. The employee displaced from his usual residence for the execution of a labour contract who cannot, by his/her own means, obtain a decent lodging for him/her and his/her family has the right to a lodging from the employer. The terms and conditions of grant and the reimbursement are statutorily fixed by the Minister in charge of labour, upon advice of the consultative Commission of Labour. The law also fixes the reimbursement terms of this benefit to the employer and the conditions to which the lodging must be submitted, notably concerning labour security and health.

In case the employee is not able, by his/her own means, to get for him and his/her family, a regular supply for basic foods products, the employer is to provide these in the conditions set statutorily by the Minister in charge of Labour, after advice from the consultative Labour Commission. The law also fixes the reimbursement terms of this benefit to the employer.

Source: §182-187, 192 to 194, 201, 213 & 214 of the Labour Act, 2008


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