Burkina Faso

Region: Western Africa Regional Economic Communities (REC): CEN-SAD · ECOWAS · OHADA

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• CEN-SAD
• ECOWAS
• OHADA

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Burkina Faso operates a civil law system influenced by French legal traditions and regional OHADA frameworks.

Burkina Faso has been a member of the International Labour Organization (ILO).

The country participates in the Decent Work Country Programme (DWCP), focusing on employment, social protection, and labour rights.

Workers’ rights are governed by:

Labour Code (Act No. 028-2008-AN of 13 May 2008)

• Defines a worker broadly as any person working under the authority of an employer (Art. 2)
• Applies regardless of the legal status of employer or employee

The legal framework provides for:

• Regulation of working conditions
• Labour protections and contractual relationships

However:

• A large proportion of workers operate in the informal economy
• Access to formal labour protections and enforcement mechanisms remains limited

Burkina Faso has adopted social protection extension mechanisms, particularly through:

Act No. 015-2006/AN (Social Security Scheme)

• Allows self-employed and informal workers to make voluntary contributions (Arts. 4 & 5)

Order No. 2008-002/MTSS/SG/DGPS

• Establishes voluntary insurance schemes
• Extends old-age protection to:
  • Street vendors
  • Small traders
  • Informal service providers
  • Agro-sylvo-pastoral workers

• Contributions may be made monthly or quarterly
• Coverage is voluntary

This reflects a social insurance-led approach to informal economy inclusion.

Decree No. 2010-807/PRES/PM/MTSS

• Defines domestic workers as those employed in household service (Art. 2)
• Applies to workers employed by non-profit-seeking households

Labour Code (2008)

• Provides general worker definition applicable to domestic workers (Art. 2)

Order No. 2008-002/MTSS/SG/DGPS

• Enables informal traders to access voluntary social insurance

Applies to:

• Shopkeepers
• Street vendors
• Small-scale food sellers
• Informal service providers

Key features:

• Voluntary registration
• Flexible contribution schedules
• Old-age insurance coverage

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Informal and self-employed workers may access protection through:

Act No. 015-2006/AN

• Voluntary social security contributions

Order No. 2008-002/MTSS/SG/DGPS

• Extends coverage to informal and self-employed workers

However:

• No specific regulatory framework for platform-based work
• Protection remains indirect and voluntary

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Mining Code (Act No. 016-2024/ALT of 18 July 2024)

• Governs:
  • Prospecting
  • Exploration
  • Processing
  • Trade and economic activities

• Excludes hydrocarbons (Art. 2)
• Covers mine closure and rehabilitation

Decree No. 2024-0879/PRES

• Enacts and operationalises the Mining Code

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• IIAG – Burkina Faso: https://iiag.online/locations/bf.html
• Labour Code (Act No. 028-2008-AN of 2008)
• Social Security Act No. 015-2006/AN
• Order No. 2008-002/MTSS/SG/DGPS
• Mining Code (Act No. 016-2024/ALT of 2024)