www.Droit-Afrique.com 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 Art.D.305-2.- The accreditation may be withdrawn after notice has been given following failure to fulfil any one of the conditions spelt out herein above.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 30/29