156. Finally, an annual meeting between the government and the trade unions of Burkina Faso
has been organised since 2007. It is a framework for dialogue and consideration of grievances of
public sector workers. Besides the annual government/workers’ union meeting, the following are
also organised :
An annual Government/private sector meeting for the improvement of the business climate
and the labour market ;
A government/private sector meeting for the consideration of private sector concerns ;
A bi-partite employers/labour unions’ meeting which takes place at least once in every two
years for salary negotiations in the private sector.
157. Some specific statutes prohibit the right to strike by certain bodies in spite of the
principle that all workers are entitled to this right. They include in particular personnel of the
police service, the military, magistrates and personnel of the prisons’ security guards.
c) Protection against arbitrary, unfair and unjustified dismissals and resignations caused
by involuntary resignations and other unfair labour practices
158. The State has put in place some legal guarantees designed to protect workers from
arbitrary dismissals. Thus, the law provides for situations where dismissal can be resorted to
(professional incompetence, refusal to proceed to an assigned station, vacation of post…) and
lays down conditions for advance notification. In order to protect workers from arbitrary
dismissals, the procedure complies with very strict rules, such as summons, compensations for
interested parties, granting of authorisations for workers to search for new jobs.
159. Moreover, the worker enjoys social protection in the area of work-related risks, health care,
family benefits, old-age insurance under conditions provided for by law. Any public sector
worker who falls victim to arbitrary dismissal has a number of remedies (informal administrative
complaint, hierarchical appeal and court action). When the worker is unlawfully dismissed by the
authorities, he is entitled to the restoration of his career prospects and to compensation. Article
99 of the Labour Code makes it mandatory for the employer who plans to retrench a worker, for
economic reasons, to consult the representatives of the worker to find all possible solutions that
would enable jobs to be kept. The worker and the union representatives can be dismissed only
when the job has been eliminated and after prior notification of the competent labour inspector.
Should these provisions not be adhered to, it would automatically lead to payment of damages to
the worker, pursuant to Article 102 of the labour code.
d) Working conditions
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Statutory working hours and overtime
160. According to Article 137 of the labour code, the statutory working hours for employees or
unskilled workers of either sex, of all ages, working by time, job-by-job basis or piece rates are
forty (40) hours/week in all public or private institutions. In the farms, the working hours have
been fixed at two thousand four hundred (2400) hours per year, the weekly duration has been
determined by regulations by the Minister of Labour upon the advice of the Labour Advisory
Commission. Article 138 stipulates that the working hours in excess of the statutory weekly
duration are viewed as overtime and they give rise to extra pay. The modalities for the
implementation and the rate for additional hours of work done in the daytime or in the night,
during working days, Sundays and holidays are determined by collective bargaining or failing
41
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