Senegal - CLR

Senegal

2022 Score

62.5

2020 Score

62

Rating

Limited Access to Decent Work

Fair
Wages

40

Decent
Working Hours

100

Employment
Security

60

Family
Responsibilities

25

Maternity
at Work

80

Safe
Work

100

Social
Security

60

Fair
Treatment

60

Child &
Forced Labour

75

Trade
Union

25

Fair Wages - 40

Question	Answer	Score	Legal Basis	Trend
Does the legislation or collective negotiation set and determine the minimum wages in the country?	No	0	§80-86 & 109 of the Labour Code, 1997; Decree No. 96-154 1996
Does the law require regular and timely payment of wages?	Yes	1	§114-115 & 129-131 of the Labour Code, 1997
Does the law require overtime compensation to be at least 125% of the regular hourly rate?	No	0	§11(e) of the Decree n. 2006-1262 2006
Does the law require any additional compensation for working on a weekly rest day?	No	0	§4 of Decree on the modalities of remuneration of overtime No. 70-184 of 1970
Does the law require additional compensation for night work?	Yes	1	Decree on the modalities of remuneration of overtime No. 70-184 of 1970

Decent Working Hours - 100

Question	Answer	Score	Legal Basis	Trend
Does the law stipulate general weekly working hours as 48 hours or lower?	Yes	1	Decree No. 70-184 of 1970; Decree n. 2006-1262 2006; ; §49, National Interprofessional CBA 2019
Does the law restrict maximum working hours, including overtime, to 56 hours per week?	Yes	1	§1 of the Decree n. 2006-1262 2006
Does the law require a paid weekly rest of at least 24 consecutive hours?	Yes	1	§147 of Labour Code, 1997; Decree n. 2006-1262 of 2006
Does the law require paid public holidays?	Yes	1	§52 of the Inter-professional Collective Agreement 2019; Loi n° 2013-06 du 11 décembre 2013
Does the law require at least three working weeks of paid annual leave?	Yes	1	§148-155 of Labour Code, 1997; §70, 71 & 72 of the National Interprofessional Collective Agreement, 2019

Employment Security - 60

Question	Answer	Score	Legal Basis	Trend
Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment?	No	0	§30-32 & 44 of Labour Code, 1997
Does the law restrict the hiring of fixed-term contract workers?	Yes	1	§ 41-45, 49 & 76 of Labour Code, 1997; §19-B of Code des Investissements
Does the law limit the length of the probation period, including renewals, to three months?	Yes	1	§38 of Labour Code, 1997; §23 of the National Interprofessional Collective Agreement, 2019
Does the law require a 30-day notice period before employment contract termination?	Yes	1	§47-59 & 143-144 of Labour Code, 1997; §75, 76, 77 & 86 of the National Interprofessional Collective Agreement, 2019
Does the law require severance pay at the rate of at least two weeks of wages for every year of service?	No	0	§80 of the National Interprofessional Collective Agreement, 2019

Family Responsibilities - 25

Question	Answer	Score	Legal Basis	Trend
Does the law require a four-month parental leave for parents?	No	0	No applicable legal provisions could be located
Does the law require at least one week of paid paternity leave for fathers*?	No	0	§27 of the National Interprofessional Collective Agreement, 2019
Does the law require flexible working arrangements* for workers with family responsibilities?	No	0	§148 of the Labour Code, 1997
Does the law require paid nursing breaks?	Yes	1	§144 of the Labour Code, 1997; §8 of Decree No. 2021 -1469 of November 3, 2021

Maternity at Work - 80

Question	Answer	Score	Legal Basis	Trend
Does the law prohibit inquiring about pregnancy during recruitment?	No	0	No applicable legal provisions could be located
Does the law require maternity leave of at least 14 weeks?	Yes	1	§143 of the Labour Code, 1997; ; §9 of Decree No. 2021 -1469 of November 3, 2021
Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage?	Yes	1	§17, 20, 27 & 132 of Social Security Code, 1973; ISSA Country Profile for Senegal
Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability?	Yes	1	§17, 20, 27 & 132 of Social Security Code, 1973; ISSA Country Profile for Senegal
Does the law protect workers from dismissals during or on account of pregnancy?	Yes	1	§143 of the Labour Code, 1997

Safe Work - 100

Question	Answer	Score	Legal Basis	Trend
Does the law require employers to provide free personal protective equipment to workers?	Yes	1	§172 of the Labour Code, 1997; §98 & 100 of the National Interprofessional Collective Agreement, 2019
Does the law require employers to train workers on health and safety Issues?	Yes	1	§177 of the Labour Code, 1997; §92 of the National Interprofessional Collective Agreement, 2019
Does the law restrict work that is prejudicial to the health of the mother or the child?	Yes	1	§146 of Labour Code 1997; §1 & 20 of General Order No. 5254; §1-7 of Decree No. 2021 -1469 of November 3, 2021
Does the law provide for employment injury benefits in the event of an occupational accident or disease?	Yes	1	§71-88 of the Social Security Code, 1973

Social Security - 60

Question	Answer	Score	Legal Basis	Trend
Does the law provide for an old age benefit?	Yes	1	§84 of the National Interprofessional CBA 2019; Decree No. 75-455 of April 24, 1975
Does the law provide for survivors' benefits?	Yes	1	§83 of the National Interprofessional CBA 2019; Decree No. 75-455 of April 24, 1975
Does the law provide for unemployment benefits?	No	0	No applicable legal provisions could be located
Does the law require paid sick leave (and sickness benefits) for the first six months of sickness?	No	0	§87 of the National Interprofessional CBA 2019; Decree No. 75-895, 1975; ISSA Country Profile for Senegal
Does the law provide for invalidity benefits?	Yes	1	Decree No. 75-455 of April 24, 1975; ISSA Country Profile for Senegal

Fair Treatment - 60

Question	Answer	Score	Legal Basis	Trend
Does the law require equal remuneration for men and women workers for work of equal value?	Yes	1	§25 of the Constitution of Senegal 2001; §105 of the Labour Code, 1997; §20 & 46 of the National Interprofessional Collective Agreement, 2019
Does the law prohibit sexual harassment in employment?	Yes	1	§319-bis of the Penal Code 1965
Does the law prohibit discrimination in employment matters?	Yes	1	§25 of the Constitution of Senegal 2001; §105 of the Labour Code, 1997; §19 of the National Interprofessional Collective Agreement, 2019
Does the law allow women to do the same job as men?	No	0	§142 of Labour Code 1997; General Order No. 5254, 1954 concerning the Work of Women and Pregnant Women
Does the law guarantee basic labour protection to the platform workers?	No	0	No applicable legal provisions could be located

Child & Forced Labour - 75

Question	Answer	Score	Legal Basis	Trend
Does the law prohibit the employment of children?	Yes	1	§145 & 146, Labour Code 1997; §6 of the Decree on Penalties for Violations of Labour Code 1962
Does the law set employment entry age equal to or higher than the compulsory schooling age?	No	0	§3 of Law No. 2004-37, 2004
Does the law prohibit the employment of young persons in hazardous work under the age of 18 years?	Yes	1	§1 of Ministerial Decree 3751 of 2003; Ministerial Decrees No. 3748, 3749 & 3750
Does the law prohibit forced labour?	Yes	1	§04 & 279 of Labour Code 1997; Ministerial Decrees No. 3749; §1 of the Law on Trafficking in Persons, 2005

Trade Union - 25

Question	Answer	Score	Legal Basis	Trend
Does the law allow workers to form and join unions of their own choice?	No	0	§25, Constitution of Senegal 2001; §6-8 & 16-21, Labour Code 1997; CEACR, C87, Obs 2020
Does the law allow workers to bargain collectively with employers through their representative unions?	Yes	1	§25, Constitution of Senegal 2001; §80-99, 85-bis, 205-210, Labour Code 1997
Does the law provide the right to strike?	No	0	§25, Constitution of Senegal 2001; §2, 70 & 271-276, Labour Code 1997; CEACR, C87, Obs. 2020
Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers?	No	0	USDOS CRHRP 2021