Senegal

Employment Contracts

Employment contracts are normally for either an indefinite time or for a fixed term. Indefinite contracts may be oral or written. However, a written contract is strongly advised, and if the contract is oral, the employee should be given a written statement of the terms of their employment. Fixed-term contracts must be in writing in the French language, although a version in another language must be prepared upon request, and this version is equally authoritative.

Fixed-term contracts may be either for a specified length of time (up to two years), or for the time it takes to complete a specified task. Fixed-term contracts for the completion of a specified task may not be renewed. Those for a set period of time may be renewed one time. Employment contracts should state:

• The names and identifying information for both parties
• The nature and duration of the contract, specifying the term if it is a fixed-term contract
• The employee’s qualifications and the worker’s category or level in the company
• The employee’s salary and any benefits
• The employee’s job function
• The employee’s workplace(s)
• Any regulatory text(s) and/or collective bargaining agreement that applies to the contract
• Details of housing if that will be provided by the employer
• Any additional agreements specific to the particular employment relationship between the employer and the employee

The contract may establish a probation period, which must be stated in writing even if the other contract terms are determined orally. The probation period may not exceed six months.

Public Holidays

• New Year’s Day
• Independence Day
• Easter Monday
• Labor Day
• Ascension Day
• Eid al-Fitr / Korité
• Feast of Assumption
• Ashura/ Tamharit
• Grand Magal de Touba
• Mawlid al-Nabi
• All Saint’s Day
• Christmas Day

Compensation

Employees in Senegal are entitled to an hourly minimum wage that differs based on if the employee works in agricultural and similar sectors or non-agricultural sectors. Bonuses are somewhat common in Senegal, although not all employees receive them. They are often performance-based and are frequently 3-5% of the employee’s salary. Some employees receive a 13th month of salary as a bonus.

Working Hours

The standard workweek is 40 hours over five days. Overtime is capped at 100 hours per year, and, with the permission of the government labor inspectorate, may be up to 10 hours per week for a limited period that may not exceed six months. Overtime is paid at 110% of the employee’s normal hourly rate for the first eight hours and 135% for additional hours. The rate for work during the day on a weekend or holiday is 150% of the employee’s normal hourly rate. Night work (between 10 p.m. and 5 a.m. is paid at 150% of the employee’s basic hourly rate, or 200% for night work on Sundays or holidays.

Vacation Leave

Employees receive 24 days of paid annual leave every year, which are accrued at a rate of two days per month. Additional leave can be awarded based on length of service, in accordance with regulations and collective agreements. Female employees with children receive one additional day of leave each year for each child under 14 years old.

Employees must take a minimum of six days of leave per year, the remaining days may be carried over for up to three years. Employees who are covered by the national interprofessional collective agreement also receive short personal leaves (one to four days) for family births, baptisms and first communions, weddings and deaths.

Sick Leave

Employees receive at least five paid sick days per year. Employees who are covered by the national interprofessional collective agreement are entitled to sick leave based on length of service with an employer. Under the collective agreement, employees who have worked for an employer for less than one year are entitled to one month of sick leave at full pay and three months at half pay. Employees with more than one year of service but less than five years are entitled to one month of sick leave at full pay and four months at half pay. Employees with more than five years of service are entitled to two months of sick leave at full pay and five months at half pay. The collective agreement also guarantees the job of an employee on sick leave for six months, after which they may be replaced.

Maternity / Paternity Leave

Female employees receive 14 weeks of paid maternity leave, with eight weeks taken after the birth. The mother may be able to take an additional three weeks of leave if there are complications, or if she experiences a pregnancy-related illness. Mothers also receive one day of leave annually for each child aged 14 or younger.
Fathers who are covered by the interprofessional collective agreement are entitled to one day of paternity leave.

Employment Termination / Severance

Fixed-term contracts normally terminate on expiration and may only be canceled early for an extraordinary reason, most often serious misconduct on the part of one of the parties. An indefinite contract can be terminated by agreement of the parties, or by either party after complying with the required notice period. All notices of termination must be in writing and must state the reason for the termination. If the employer is terminating the contract, the employer must have a justified reason, based either on an economic reason(s) or a personal reason(s) specific to the employee.

Most employees must provide 15 days’ notice when terminating an indefinite contract, while executives must provide a minimum of two months’ notice.

When the employer is terminating the contract, the notice period is one month for most employees, two months for supervisors and supervisory-level employees, and three months for executives. An employer can also terminate an employee without notice if the employer has just cause, if the employee has engaged in serious misconduct such as unjustified absence, violation(s) of professional obligations, gross negligence, or committing a criminal or civil offense. In all but the most serious cases of misconduct, the employer must first send the employee a letter explaining why the employer is unsatisfied with their performance. The employee must be given 48 hours to respond.

There is no statutory right to severance pay, but it is mandated by the national interprofessional collective agreement. The amount corresponds to a percentage of the employee’s monthly overall wages per year of service.

Health Insurance Benefits

The IPM (Institut de Prévoyance Maladie), a public healthcare system, covers employed residents of Senegal. It covers 40-80% of medical, pharmaceutical and hospital costs. The employer enrolls employees in the IPM, and the employee is eligible for benefits after contributing for two months. Employers pay the medical expenses for employees who have not yet made sufficient contributions and are reimbursed later by the employee. The employer also normally pays a small hospital allowance to a hospitalized employee. A state welfare program covers primary healthcare for the entire population, including those who are not employed. Private health insurance is available, and there are some private medical providers, heavily concentrated in Dakar, Senegal’s capital city.