Burkina Faso

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2022 Score

75

Stagnant

2020 Score

75

Rating

Reasonable Access to
Decent Work

Fair
Wages

40

Decent
Working Hours

80

Employment
Security

40

Family
Responsibilities

50

Maternity
at Work

100

Safe
Work

100

Social
Security

60

Fair
Treatment

80

Child &
Forced Labour

100

Trade
Union

100

1. Fair Wages
2. Decent Working Hours
3. Employment Security
4. Family Responsibilities
5. Maternity at Work
6. Safe Work
7. Social Security
8. Fair Treatment
9. Child & Forced Labour
10. Trade Union

Fair Wages

QuestionAnswerScoreLegal Basis
Does the law prescribe minimum wage rates in the country?No0§2, 107, 187, 405, 408 and 421 of the Labour Act, 2008
Does the law require regular payment of wages?Yes1§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?No0§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?No0§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?Yes1§45 & 47 of the Decree No. 2010-812/PRES/PM/MTSS 2010 ; §1-7 of the Order No. 436/ITLS/HV, 1953

Decent Working Hours

QuestionAnswerScoreLegal Basis
Does the law stipulate general working hours as 48 hours or lower?Yes1§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?No0§137 of the Labour Act, 2008
Does the law require a weekly rest of at least 24 hours?Yes1§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?Yes1§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?Yes1§156,157,165 & 1070 of the Labour Act, 2008; §2-7 & 11-13 of the Order on Paid Annual Leave, 1994

Employment Security

QuestionAnswerScoreLegal Basis
Does the law require written employment contracts or at least written employment particulars?No0§29, 41, 47, 49 & 62 of the Labour Act, 2008
Does the law restrict the hiring of fixed-term contract workers?No0§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?Yes1§41-44 of the Labour Act, 2008
Does the law require a 30-day notice before contract termination?Yes1§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?No0§35 of the Inter-Professional Collective Agreement, 1974

Family Responsibilities

QuestionAnswerScoreLegal Basis
Does the law require parental leave for parents?Yes1§160 of the Labour Act, 2008
Does the law require at least one week of paid paternity leave for fathers?No0§60 of Inter-Professional Collective Agreement, 1974
Does the law require flexible work arrangements for workers with family responsibilities?No0No applicable legal provisions could be located
Does the law require paid nursing breaks?Yes1§148 & 234 of the Labour Act, 2008

Maternity at Work

QuestionAnswerScoreLegal Basis
Does the law prohibits inquiring about pregnancy during recruitment?Yes1§4 of the Labour Act, 2008
Does the law require paid maternity leave of at least 14 weeks?Yes1§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?Yes1§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?Yes1§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?Yes1§70 & 147 of the Labour Act, 2008

Safe Work

QuestionAnswerScoreLegal Basis
Does the law require provision of free personal protective equipment to workers from employer?Yes1§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?Yes1§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?Yes1§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?Yes1§55-81 of the Social Security Regime Loi N°004-2021

Social Security

QuestionAnswerScoreLegal Basis
Does the law provide for an old age pension?Yes1§15 & 83-87 of the Social Security Regime Loi N°004-2021
Does the law provide for a dependants'/survivors' pension?Yes1§98-101 of the Social Security Regime Loi N°004-2021
Does the law provide for unemployment benefit?No0No applicable legal provisions could be located
Does the law require paid sick leave for the first 6 months of sickness?No0§261 of the Labour Act, 2008
Does the law provide for invalidity benefit?Yes1§88-91 of the Social Security Regime Loi N°004-2021

Fair Treatment

QuestionAnswerScoreLegal Basis
Does the law require equal remuneration for work of equal value?Yes1§19 of the Constitution of Burkina Faso, 1991; §182 of the Labour Act, 2008
Does the law prohibit sexual harassment in employment?Yes1§36, 37 & 422 of the Labour Act, 2008
Does the law prohibit discrimination in employment matters?Yes1§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?No0§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?Yes1§6 & 9 of the Social Security Regime Loi N°004-2021

Child & Forced Labour

QuestionAnswerScoreLegal Basis
Does the law prohibit employment of children?Yes1§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?Yes1§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?Yes1§149–150 of the Labour Act, 2008; Decree N° 2016-504 on Hazardous Work List
Does the law prohibit forced labour?Yes1§2, Constitution 1991; §5, 6, 153 & 422, Labour Act, 2008; §1, Law on Combating Trafficking 2008

Trade Union

QuestionAnswerScoreLegal Basis
Does the law allow workers to form and join unions of their own choice?Yes1§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?Yes1§141, Constitution of Burkina Faso, 1991; §107- 117, 125 and 405-409, Labour Act, 2008
Does the law provide for the right to strike?Yes1§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?Yes1No violative legal provisions could be located