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.
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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.
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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
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