Hire in Senegal

In Senegal, it is against the law to hire contract workers for permanent positions. A fixed-term contract is an agreement with a predetermined duration that is mutually agreed upon by both parties. This type of contract also applies to projects or tasks with a duration that cannot be precisely estimated in advance.

A fixed-term contract must be in writing and cannot exceed two years, including any renewals. Renewals are limited to one-time only. However, a fixed-term contract related to a particular project is not subject to the maximum two-year term, but it cannot be renewed.

An employee cannot be hired twice on a fixed-term basis with the same employer. If a fixed-term contract is renewed more than once or by mutual agreement, it will be considered as an indefinite contract.

If a fixed-term contract lasts for more than three months, the employer is required to register it with the local labor and social security inspectorate before its execution.

The law does not prohibit employers from conducting background checks, such as criminal records or medical history.

The maximum length of probation is six months, including renewal.

For employees paid by the month, the probation period is as follows:

• One month (renewable once) for general employees, supervisors, technicians and similar workers
• Three months (renewable once) for managers and executives

For workers paid by hours, the probation period is eight days and is renewable once.

In Senegal, the maximum working hour schedule is eight hours per day and 40 hours per week. Employees are entitled to 24 consecutive hours of rest every week. According to the law, Sunday is the mandatory weekly rest day for all employees.

If an employee is required to work on a weekend, they are entitled to a compensatory holiday. However, he or she must waive the right to overtime pay in order to receive the holiday.

According to the law, “overtime” refers to any work done beyond regular working hours. Overtime pay is calculated by multiplying the hourly wage by specific rates, as follows:

• For overtime work during the day, the first eight extra hours are paid at a rate of 15%. Any additional extra hours are paid at a rate of 40%.
• For overtime work during night hours, any extra hours are paid at a rate of 60%.
• For overtime work on weekends or public holidays, any extra daytime hours are paid at a rate of 60%. Any extra night-time hours are paid at a rate of 100%.

Manual or digital payroll and payment records may be maintained, but manual records must be kept up to date.

Medical check-ups are mandated by law. It must take place within three months of the employee’s probation period.

To terminate a permanent contract, the employer must provide the employee with written notice stating the grounds or pay compensation instead. Severance pay is mandatory under the law. However, if there is severe negligence, the employer may terminate the contract without notice. A court will evaluate the severity of the fault. The employer has the burden of proving the validity of the reason for termination in case of a dispute. Additionally, unfair dismissal may result in a damages penalty on top of the termination indemnity.

Dismissal of an employee on maternity leave is not allowed. For workers’ representatives, approval from the Labor Inspector is necessary before dismissal.

In the case of a fixed-term contract, termination before the term is only possible in the case of severe negligence, written agreement by both parties or force majeure.

For permanent contracts, an employee who has been employed for at least one year and has not committed major misconduct is eligible for severance pay in the event of termination. The amount of severance pay is a percentage of the total monthly wages per year of service. The percentage increases with the number of years of service. Specifically, it is 25% per year for the first five years, 30% per year for the next five years and 40% per year after the tenth year. An employee terminated for economic reasons is entitled to one month’s gross salary in addition to severance pay.

For fixed-term contracts, if an employer cancels the contract before its expiration, the employee is entitled to the remaining wages associated with the contract and an end-of-contract indemnity equal to 7% of the total gross salary received during the contract period.

The law does not prohibit employment contracts from specifying non-competition covenants.

The handling of personal data in Senegal is regulated by the Data Protection Act, which aims to safeguard the privacy of individuals and regulate the flow of personal data. To process personal data lawfully, the individual to whom the data pertains must give their consent.

An employee’s salary cannot be lower than the national minimum wage and must be paid in the local currency, and payment must be made in all situations, except in cases of force majeure during employment.

The payment must be made at regular intervals that do not exceed 15 days for daily or weekly employees and one month for fortnightly or monthly employees.

For monthly payments, payment must be made within eight days of the end of the month in which the qualifying work occurred.

Although there are no specific legal requirements, it is recommended that employees receive payslips detailing their salaries, deductions, etc.

Upon completing 12 months of service, an employee is entitled to 24 days of paid annual leave, which increases proportionally with service length as specified by collective agreements. Female employees are entitled to an additional day of annual leave for each child under 14.

Annual leave can be accrued over a maximum of three years, but employees must use at least six days per year. Compensation in lieu of annual leave is prohibited, except in the case of contract termination.

Employees are entitled to at least five days of paid sick leave. Employees under the Inter-professional collective agreement are entitled to longer sick leaves based on their years of service with the employer:

• Less than 12 months of service: one month’s full pay, three months’ half pay
• More than 12 months but less than five years: one month’s full pay, four months’ half pay
• More than five years: two months’ full pay, five months’ half pay

After completing six months of service, an employee in Senegal can take a maximum of 15 days of absence or permission leave with full pay per year. If this limit is exceeded, the employer may deduct these days from the employee’s annual leave entitlement. The absence leave cannot be carried over from year to year.

Maternity Leave

Female employees in Senegal have the right to 14 weeks (98 days) of maternity leave, which includes eight weeks of postnatal leave. This leave can be extended by three weeks if a medically verified illness results from pregnancy or confinement.

The maternity allowance is calculated based on the employee’s full daily wage from their most recent paycheck and is paid by the government. Additionally, female employees are entitled to a one-hour paid nursing break for breastfeeding their children until they reach 15 months of age.

Paternity Leave

Under the Inter-professional collective agreement, male employees are entitled to one day of paid paternity leave.

Senegal usually celebrates 14 national holidays annually. The government may add one-time holiday events throughout the year.