that, through regulations by the Minister of Labour upon the advice of the Labour Advisory Commission. However, exemptions may be granted through regulatory mechanisms by the Minister of Labour, in consultation with the Labour Advisory Commission. - Leave 161. The relevant enactments provide for leave to which active workers are entitled. All salaried employees are entitled to leave with pay to be borne by the employer and it is to be calculated on the basis of two and half calendar days per month of actual service, except where provision is made for more favourable provisions by the collective agreements or individual contracts. Workers who fall below eighteen years are entitled to a leave of thirty calendar days without pay if they request for it, regardless of the length of their service. This leave is in addition to the earned leave based on the work done at the time of their departure. 162. Female employees or trainees who are less than twenty-two years of age are entitled to two days of additional leave for each dependent child. The special permissions which have been granted to the employee during family events directly affecting the household are not deducted from the period of the paid leave within the annual limit of ten working days. The expectant mother shall be entitled to maternity leave of fourteen weeks, at the earliest 8 weeks or latest four weeks prior to the expected date of confinement, whether the child is born alive or not (Article 145 of the labour code). 163. Every employee may take a leave of absence without pay from their employer for a period of six months renewable once for the maintenance of each dependent child. In case of serious illness of the child, the period indicated above may be extended for one year renewable once. Authorisations for leave of absence without pay may also be granted to the employee within the limit of fifteen working days not deducted from the period of paid leave to enable the employee take a refresher course, a cultural or sporting education programme; to represent a recognised public utility association, to participate in the activities of the latter; to represent Burkina Faso in an international sporting and cultural competition. 164. Other special leave granted in addition to public holidays may be deducted from the period of paid leave if they have not been the subject of compensation or recovery of days already granted. The right to the enjoyment of leave is obtained after a minimum actual working period of twelve months, except otherwise provided under collective agreements or work contracts. The employee engaged on hourly basis or by day for a short-term job not exceeding a day, receives his leave allowance at the same time as an earned wage, latest by the close of the working day in the form of a compensatory allowance for his paid leave. 165. The employer must pay before the start of the leave or for the entire period of the leave, at least an allowance equal to the average of the wages and different compensation components enjoyed by the employee for the twelve months preceding the date of the leave. With regard to public sector workers, with the exception of teaching personnel or other professions specified by special provisions, the duration of administrative leave is generally thirty (30) days with salary for eleven (11) months of completed service. - Equality and non-discrimination in terms of compensation 166. Article 19 of the Constitution stipulates that, “the right to work is recognised and is equal for all persons. It is prohibited to discriminate in matters of employment and wages on the basis of sex, colour, social origin, ethnic group or political opinion”. In accordance with this 42

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents