LABOUR RIGHTS INDEX 2022

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LRI 2022
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lri 2022 Country Profiles

Senegal

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 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 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

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 (64.4). Within the Sub-Saharan Africa region, the highest score is observed for Guinea (80.5).

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 2022

62.5/100

LRI Country Score

25/100

Trade Union Indicator

7.36 %

Trade union density rate (%)

10.1 %

Collective bargaining coverage rate (%)

1.65

SDG indicator 8.8.2

4

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

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

B

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

No Violation Found

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. 2020

B

Does the law prohibit employers from terminating employment contracts of striking workers?

No

0

USDOS CRHRP 2021

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 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

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/  

Trade Union Indicator
The trade union 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 2022 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. 

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Violations

ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
CEACR, C87, Obs 2020

Article 2 of the Convention. Trade union rights of minors. The Committee recalls its previous recommendations on the need to amend section 11 of the Labour Code to guarantee the right to organize of minors who have reached the statutory minimum age for admission to work (15 years of age, under section L.145 of the Labour Code), both as workers and as apprentices, without a requirement for authorization from their parents or guardians. The Committee noted previously that a Bill amending section 11 had been approved by the National Consultative Labour Council and that the aim of this amendment was to guarantee that minors could freely join trade unions, without any restriction or prior authorization, from the age of 16 years, which is the age of completion of compulsory schooling in Senegal. The Committee urges the Government to report on any progress achieved with regard to the modification of section 11 of the Labour Code to enable minors to freely join trade unions, once they have reached the minimum age for access to employment, as provided for in the Labour Code.

Violations

No Violation

Violations

ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
CEACR, C87, Obs 2020

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 recalls that its comments concerned the need to adopt the Decree implementing section L.276 of the Labour Code, establishing the list of jobs where the requisitioning of workers in the event of a strike is authorized only to ensure the operation of essential services in the strict sense of the term. On this point, the Committee recalls that the Government referred previously to Decree No. 72-17 of 11 January 1972, which establishes the list of posts, jobs and functions the occupant of which may be requisitioned, without taking into account the comments made by the Committee in 2006, namely that the Decree in question provides for the requisitioning of workers in the event of a strike for many posts, jobs or functions to which the definition of the term “essential services” does not apply in its strict sense (essential services are those the interruption of which would endanger the lives, safety or health of the whole or part of the population). 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.

Violations

US Department of States' Country Reports on Human Rights Practices 2021 (USDOS)
USDOS CRHRP 2021

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.