75
75
Reasonable Access to
Decent Work
40
80
40
50
100
100
60
80
100
100
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | No | 0 | §2, 107, 187, 405, 408 and 421 of the Labour Act, 2008 |
| Does the law require regular payment of wages? | Yes | 1 | §182-187, 192 to 194, 201, 213 & 214 of the Labour Act, 2008 |
| Does the law require overtime compensation 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 |
| Does the law require 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 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general 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 |
| Does the law restrict maximum working hours including overtime to 56 hours per week? | No | 0 | §137 of the Labour Act, 2008 |
| Does the law require a weekly rest of at least 24 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 |
| 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 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | No | 0 | §29, 41, 47, 49 & 62 of the Labour Act, 2008 |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §49 & 52-55 of the Labour Act, 2008 |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | Yes | 1 | §41-44 of the Labour Act, 2008 |
| Does the law require a 30-day notice before contract termination? | Yes | 1 | §65-71 of the Labour Act, 2008 |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | No | 0 | §35 of the Inter-Professional Collective Agreement, 1974 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | Yes | 1 | §160 of the Labour Act, 2008 |
| Does the law require at least one week of paid paternity leave for fathers? | No | 0 | §60 of Inter-Professional Collective Agreement, 1974 |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid nursing breaks? | Yes | 1 | §148 & 234 of the Labour Act, 2008 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | Yes | 1 | §4 of the Labour Act, 2008 |
| Does the law require paid maternity leave of at least 14 weeks? | Yes | 1 | §1, 3, 93, 145-147 & 158 of the Labour Act, 2008 |
| Does the law require cash maternity benefit be at least 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 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | Yes | 1 | §46-50 of the Social Security Regime Loi N°004-2021; §146 of the Labour Act, 2008 |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §70 & 147 of the Labour Act, 2008 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §237 & 238 of the Labour Act, 2008; §80 of the 2011 Decree on OSH |
| Does the law require the employer 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 |
| 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 |
| Does the law provide for employment injury benefit? | Yes | 1 | §55-81 of the Social Security Regime Loi N°004-2021 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | §15 & 83-87 of the Social Security Regime Loi N°004-2021 |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §98-101 of the Social Security Regime Loi N°004-2021 |
| Does the law provide for unemployment benefit? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid sick leave for the first 6 months of sickness? | No | 0 | §261 of the Labour Act, 2008 |
| Does the law provide for invalidity benefit? | Yes | 1 | §88-91 of the Social Security Regime Loi N°004-2021 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | Yes | 1 | §19 of the Constitution of Burkina Faso, 1991; §182 of the Labour Act, 2008 |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §36, 37 & 422 of the Labour Act, 2008 |
| 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 |
| Does the law allow women to do the same jobs as men? | No | 0 | §38 & 142 of the Labour Act, 2008; Décret 2010-356/PRES/PM/MTSS/MS |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | §6 & 9 of the Social Security Regime Loi N°004-2021 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §152 of the Labour Act, 2008; Order Deviating the Age of Admission to Employment, 2008 |
| 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 |
| Does the law prohibit the employment of children 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 |
| Does the law prohibit forced labour? | Yes | 1 | §2, Constitution 1991; §5, 6, 153 & 422, Labour Act, 2008; §1, Law on Combating Trafficking 2008 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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 |
| 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 |
| Does the law provide for the right to strike? | Yes | 1 | §22, Constitution of Burkina Faso, 1991; §367-372 & 382-390, Labour Act, 2008 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | Yes | 1 | No violative legal provisions could be located |
