Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
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LRI 2024
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Senegal

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Senegal’s overall score is 62.5 out of 100. The overall score for Senegal is lower than the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

Senegal ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1961.

Labour Rights Index 2024

62.5/100

LRI Country Score

25/100

Freedom of Association Indicator

7.36 %

Trade union density rate (%)

10.1 %

Collective bargaining coverage rate (%)

1.44

SDG indicator 8.8.2

4

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

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 2022; ITUC Global Rights Index 2024 (Senegal profile); USDOS CRHRP 2023 (Senegal)

B,C,D

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 for the right to strike?

No

0

§25, Constitution of Senegal 2001; §2, 70 & 271-276, Labour Code 1997; CEACR, C87, Obs. 2022

A,B

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§279 of the Labour Code 1997; CEACR, C87, Obs. 2020; ITUC Global Rights Index 2024 (Senegal profile); USDOS CRHRP 2023 (Senegal)

A,C,D

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §25, Constitution of Senegal 2001; §6-8 & 16-21, Labour Code 1997; CEACR, C87, Obs 2022; ITUC Global Rights Index 2024 (Senegal profile); USDOS CRHRP 2023 (Senegal)

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Article 2 of the Convention. Trade union rights of minors.The Committee urges the Government to report on any progress made in amending section 11 of the Labour Code to allow minors to freely join trade unions, once they have reached the minimum age for access to employment, as provided for in the Labour Code."

C : ITUC

ITUC Global Rights Index (country legal profile)

"Workers between the ages of 16 and 18 may only join a trade union with the consent of their parents or legal guardian (Article L.11, Labour Code). Foreigners may only be elected to trade union positions if they have lived in Senegal for at least 5 years and only if their countries of origin grant the same rights to Senegalese citizens (Article L.9, Labour Code)."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Children (both as workers and as apprentices) could not join a union without parental authorization."

Information

Source: §25, Constitution of Senegal 2001; §80-99, 85-bis, 205-210, Labour Code 1997

Information

Source: §25, Constitution of Senegal 2001; §2, 70 & 271-276, Labour Code 1997; CEACR, C87, Obs. 2022

A : National Law

National Labour Legislation

"Art.L.276.- The competent administrative authority may, at any time, requisition those workers of private companies and public services and establishments who occupy jobs essential to the safety of people and property, to the maintenance of public order, to the continuity of public services, or to the satisfaction of the essential needs of the nation. The list of jobs thus defined will be set by decree. The competent authority will regulate the conditions and procedures for requisitioning workers occupying the jobs appearing on the list provided for in the preceding paragraph. It will specify the cases in which the notification of the requisition, made in principle to the person by service order, signed by the competent administrative authority, or by the employer, or his representative, may nevertheless result from the publication in the Official Journal, radio broadcast, or posting in the workplace, of a decree collectively and anonymously requesting workers occupying all or part of the paid jobs in the list previously fixed by decree. Under no circumstances may the exercise of the right to strike be accompanied by occupation of the workplaces or their immediate surroundings, under penalty of the sanctions provided for in Articles L. 275 and 279."

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Article 3. Right of trade union organizations to exercise their activities in full freedom and to formulate their programmes. Requisitioning in the event of a strike. The Committee urges the Government to take the necessary measures to ensure that the implementing Decree of section L.276 of the Labour Code authorizes the requisitioning of workers only to ensure the operation of essential services in the strict sense of the term."

Information

Source: §279 of the Labour Code 1997; CEACR, C87, Obs. 2020; ITUC Global Rights Index 2024 (Senegal profile); USDOS CRHRP 2023 (Senegal)

A : National Law

National Labour Legislation

"Art.L.279.- The following shall be punished by a fine of 500,000 to 1,000,000 FCFA and imprisonment of 3 months to 1 year or one of these two penalties only: ......... o) any striking worker who has occupied the workplace or its immediate surroundings; ..................."

C : ITUC

ITUC Global Rights Index (country legal profile)

"An employee who participates in an illegal strike may be summarily dismissed and will lose his right to compensation or damages for breach of contract (Article L.275, Labour Code). Likewise, any employee who participates in a picket at the employer's workplace or in its immediate vicinity will be sanctioned with a fine of between 200,000 and 500,000 francs or 400,000 and 1 million francs in the case of a repeat offence (Article L.279, Labour Code)."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law prohibits antiunion discrimination and allows unions to conduct their activities without interference. (...) A worker who takes part in an illegal strike may be summarily dismissed. The government effectively enforced applicable laws on the right to strike. Penalties for noncompliance include a fine, imprisonment, or both. "