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Art.D.305-1.- Any natural person or legal entity
that has been authorised to open a fee-charging
employment agency shall have to respect the
relevant laws and rules as well as meet the
following obligations :
• be registered in the trade and
companies register;
• have a licence;
• be registered at the statistical
department;
• be registered at the National Social Insurance
Institute.
Art.D.305-2.- The accreditation may be withdrawn
after notice has been given following failure to fulfil
any one of the conditions spelt out herein above.
Temporary Placement
(Pursuant to Article L.313 of the code)
Art.D.313-1.A
temporary
employment
entrepreneur shall refer to any natural person or
legal entity whose business entails making
temporarily available to users workers that he/she/it
hires and pays depending on an agreed qualification.
Art.D.313-2.- A user may hire workers from
temporary job placement companies to perform a
short-term task known as “mission”.
Art.D.313-3.- The mission must have a duration
specifically stated upon the conclusion of the
personnel lease contract, except in the cases
provided for in article L 20. of the labour code.
Art.D.313-4.- The overall duration of the contract,
considering, where necessary, renewals, shall be
twenty-four months at most.
Art.D.313-5.- When a temporary employment
entrepreneur makes a worker available to a user, the
personnel lease agreement, between the user and
temporary employment company, must be concluded
in writing no later than two working days following
the personnel lease.
This agreement, prepared for every worker,
must:
• state the reason for hiring the temporary worker;
• state the duration of the mission or one of the
instances referred to in article L.20 of the
Labour Code.
Any clause aimed at prohibiting the user from hiring
the temporary worker after his/her mission shall be
considered unwritten.
Implementing Decree of the Labour
Code
Mali
Art.D.313-6.- The agreement, between the
temporary work company and every worked leased
out to a user, must be written and sent to the worker
no later than two days following the lease of his/her
services.
It must include, besides the information provided
for in the previous article:
• the worker’s
qualification;
• the pay, which may not be less than the one
received in the user company by a worker with
an equal qualification occupying the same
position;
• the eventual
probationary period;
• the statement that the user may hire the worker
when the mission ends.
Art.D.313-7.- Workers bound by a temporary
employment contract shall be entitled to a job
insecurity allowance, which is also a wage benefit
and equal to the one provided for in article L.24 of
the Labour Code.
This allowance shall not be due if the contract is
terminated by the worker or on account of his/her
serious wrongdoing.
Art.D.313-8.- Should the user continue, after the
mission ends, keeping a temporary worker working
without concluding an employment contract with
him/her or without a new personnel lease contract,
the said temporary shall be considered bound to the
user by a long-term employment contract.
Art.D.313-9.- 1) All temporary work entrepreneurs
shall have to proof to the labour inspector that they
have a financial guarantee enabling them, in the
event of default on its part, to pay :
• salaries and their wage
supplements;
• compulsory contributions due to social security
institutions.
2) This guarantee shall arise only from a single
undertaking taken by a collective- guarantee
institution, an insurance company, a bank or a
financial institution authorised to give sureties.
3) The financial guarantee shall be calculated as a
percentage of the annual turnover excluding taxes,
certified by a chartered accountant, of the company
under consideration.
The amount of the guarantee, which may be revised
at any time, must be reassessed yearly and must not
be lower than 8 % of the
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