www.Droit-Afrique.com Mali turnover, or, in any case, a minimum set yearly by an order from the minister of labour. shall have to comply with the obligations spelt out in the previous paragraph. 4) The undertaking must be evidenced in a written contract, spelling out the conditions and amount of the guarantee given as well as the modalities of the auditing that the guarantor may perform on the temporary work company. Art.D.313-12.- The above mentioned declaration must state : • the name, head office and legal form of the company, and where necessary, the location of the subsidiary or branch or sub-office; • the effective date of the planned operation; • the full names, residence and nationality of the managers of the company or subsidiary, branch or sub-office; • the geographical area and professional domains in which the companies plans to make workers available to users; • the number of permanent workers that the company employs or plans to employ to make its services operational. This contract must stipulate that the guarantor waives, in case the temporary work company defaults, the benefit of excussion. 5) The temporary work entrepreneur shall be considered to have defaulted, if upon the expiry of a fifteen-day period following receipt of notice, it has not paid all or part of the debts spelt out in 1) of this article or when it is being wound up. The notice may be issued by the worker or a welfare institution. It shall be delivered by registered mail with acknowledgement of receipt to the temporary work entrepreneur or guarantor. 6) Temporary work entrepreneurs shall have to state in all their company documents, and notably on contracts for leasing a worker to a user as well as contracts between a worker leased to a user, the name and address of their guarantor as well as the reference of this article. Art.D.313-10.- Subject to the preceding provisions, there shall be no derogations from ordinary law when it comes to relations that result from the employment contract between a temporary work entrepreneur and workers. Art.D.313-11.- The business of temporary work entrepreneur may be conducted only after a declaration has been made in three copies to the minister of Labour and the financial guarantee provided for in article D.313 -9 has been obtained. Temporary work entrepreneurs already operating on the date when this decree becomes enforceable Implementing Decree of the Labour Code Art.D.313-13.- The minister of labour, after ensuring that the declaration complies with prescribed laws and rules, shall send back a copy, bearing his/her stamp, to the sender no later than fifteen days after receipt and another copy to the competent labour inspectorate in the locality. The subsidiary, branch or sub-office may not start operations when it has not received the document stated in the paragraph herein above or when the period provided for by this paragraph has not expired. Art.D.313-14.- All temporary work companies shall have to inform the minister of labour when they are shutting down. Art.D.313-15.- When a temporary work entrepreneur starts operating without having done the declaration provided for in article D.313-11 herein above or without having obtained the financial guarantee, the minister of labour, after his/her notice has gone unheeded, may order the closure of the company. 31/29

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