62.5
62
Limited Access to
Decent Work
40
100
60
25
80
100
60
60
75
25
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | No | 0 | §80-86 & 109 of the Labour Code, 1997; Decree No. 96-154 1996 |
| Does the law require regular payment of wages? | Yes | 1 | §114-115 & 129-131 of the Labour Code, 1997 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | No | 0 | §11(e) of the Decree n. 2006-1262 2006 |
| Does the law require 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general 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 weekly rest of at least 24 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | 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 probation period including renewals to a maximum of 3 months? | Yes | 1 | §38 of Labour Code, 1997; §23 of the National Interprofessional Collective Agreement, 2019 |
| Does the law require a 30-day notice before 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 2 weeks of wages for every year of service? | No | 0 | §80 of the National Interprofessional Collective Agreement, 2019 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require 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 work 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid 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 benefit be at least 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 maternity benefit be paid through contributory social insurance or universal benefits system? | 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §172 of the Labour Code, 1997; §98 & 100 of the National Interprofessional Collective Agreement, 2019 |
| Does the law require the employer 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 benefit? | Yes | 1 | §71-88 of the Social Security Code, 1973 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | §84 of the National Interprofessional CBA 2019; Decree No. 75-455 of April 24, 1975 |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §83 of the National Interprofessional CBA 2019; Decree No. 75-455 of April 24, 1975 |
| Does the law provide for unemployment benefit? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid sick leave for the first 6 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 benefit? | Yes | 1 | Decree No. 75-455 of April 24, 1975; ISSA Country Profile for Senegal |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration 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 jobs 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 protections for gig economy workers? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit 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 children 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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 for 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 employers from terminating employment contracts of striking workers? | No | 0 | USDOS CRHRP 2021 |
