72
75
75
Reasonable Access to Decent Work
60
80
40
50
100
100
60
80
100
50
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §2, 107, 187, 405, 408 and 421 of the Labour Act, 2008 |
Score on the Minimum Wage component improved due to revision of minimum wage after 1 January 2022.
|
| Does the law require regular and timely payment of wages? | Yes | 1 | §182-187, 192 to 194, 201, 213 & 214 of the Labour Act, 2008 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | No | 0 | §138(2)(3) of the Labour Act 2008 ; §45 of the Decree No. 2010-812/PRES/PM/MTSS 2010 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §08 of the Order no. 1244/FP.T/DGTLS, 1976; §45 of the Decree No. 2010-812/PRES/PM/MTSS 2010 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §45 & 47 of the Decree No. 2010-812/PRES/PM/MTSS 2010 ; §1-7 of the Order No. 436/ITLS/HV, 1953 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §137-139 of the Labour Act, 2008; §1-5 of the Order No. 1234/FPT/DGTLS, 1976; §2 of the Order No. 539/ITLS/HV, 1954 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §137 of the Labour Act, 2008 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §155 of the Labour Act, 2008; §02 & 07 of the Order no. 1244/FP.T/DGTLS, 1976; §55 of the Decree no. 2010-812/PRES/PM/MTSS 2010 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §181 of the Decree no. 2010-812/PRES/PM/MTSS; §1-3 of the Law No. 019-2000 / AN of 27 June 2000 | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §156,157,165 & 1070 of the Labour Act, 2008; §2-7 & 11-13 of the Order on Paid Annual Leave, 1994 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | No | 0 | §29, 41, 47, 49 & 62 of the Labour Act, 2008 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §49 & 52-55 of the Labour Act, 2008 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §41-44 of the Labour Act, 2008 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §65-71 of the Labour Act, 2008 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | §35 of the Inter-Professional Collective Agreement, 1974 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | Yes | 1 | §160 of the Labour Act, 2008 | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | §60 of Inter-Professional Collective Agreement, 1974 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §148 & 234 of the Labour Act, 2008 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §4 of the Labour Act, 2008 | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §1, 3, 93, 145-147 & 158 of the Labour Act, 2008 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §48-49 of the Social Security Regime Loi N°004-2021; §146 of the Labour Act, 2008 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §46-50 of the Social Security Regime Loi N°004-2021; §146 of the Labour Act, 2008 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §70 & 147 of the Labour Act, 2008 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §237 & 238 of the Labour Act, 2008; §80 of the 2011 Decree on OSH | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §242, 254 & 257 of the Labour Act, 2008; §60-74 of the 2011 Decree on OSH | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §90, 142-144, 155 & 236 of the Labour Act, 2008; §3-6, 8-12 of the 2010 Decree on hazardpus work for women | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §55-81 of the Social Security Regime Loi N°004-2021 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §15 & 83-87 of the Social Security Regime Loi N°004-2021 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §98-101 of the Social Security Regime Loi N°004-2021 | No Change |
| Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §261 of the Labour Act, 2008 | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §88-91 of the Social Security Regime Loi N°004-2021 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §19 of the Constitution of Burkina Faso, 1991; §182 of the Labour Act, 2008 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §36, 37 & 422 of the Labour Act, 2008 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §1 & 19 of the Constitution of Burkina Faso, 1991; §4, 38 & 422 of the Labour Act, 2008 | No Change |
| Does the law allow women to do the same job as men? | No | 0 | §38 & 142 of the Labour Act, 2008; Décret 2010-356/PRES/PM/MTSS/MS | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | §6 & 9 of the Social Security Regime Loi N°004-2021 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §152 of the Labour Act, 2008; Order Deviating the Age of Admission to Employment, 2008 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §4 of the Law Orienting the Education System, 2007 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §149–150 of the Labour Act, 2008; Decree N° 2016-504 on Hazardous Work List | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §2, Constitution 1991; §5, 6, 153 & 422, Labour Act, 2008; §1, Law on Combating Trafficking 2008 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §21, Constitution of Burkina Faso, 1991; §71, 275- 280 & 283, Labour Act, 2008 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §141, Constitution of Burkina Faso, 1991; §107- 117, 125 and 405-409, Labour Act, 2008 | No Change |
| Does the law provide the right to strike? | No | 0 | §384 Labour Act, 2008;CEACR, C87, Obs. 2023; ITUC Global Rights Index 2024 Burkina Faso Profile | Score adjusted because of availability of a legal source |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | §386 Labour Act, 2008; CEACR, C87, Obs. 2023 | Score adjusted because of availability of a legal source |