Hire in Senegal

Employers in Senegal are not prohibited by law from conducting background checks, which may include inquiries into criminal records or medical history.

Probation periods in Senegal are capped at six months, inclusive of any renewals.

For monthly-paid employees:

• – General employees, supervisors, technicians, and similar roles have a one-month probation, extendable once.
• – Managers and executives are subject to a three-month probation, also extendable once.

For hourly workers, the probation period spans eight days and can be renewed once.

In Senegal, the legal workweek consists of eight hours per day and 40 hours per week. All employees are entitled to 24 consecutive hours of rest each week, with Sunday designated as the mandatory weekly rest day.

When employees are required to work on a weekend, they are entitled to a compensatory holiday. However, to receive this holiday, they must waive their right to overtime pay.

As per the law, “overtime” denotes work performed beyond regular working hours. The calculation of overtime pay involves multiplying the hourly wage by specific rates, outlined as follows:

• – For overtime during regular daytime hours, the initial eight extra hours receive compensation at a rate of 15%. Any further additional hours beyond the initial eight are remunerated at a rate of 40%.
• – Overtime work conducted during nighttime hours entails payment at a rate of 60% for all extra hours.
• – In the case of overtime on weekends or public holidays, extra daytime hours are compensated at a rate of 60%. Extra nighttime hours during these periods are remunerated at a rate of 100%.

Both manual and digital formats for payroll and payment records are permissible, although manual records must be consistently maintained and updated.

By law, medical check-ups are compulsory and must occur within three months following the completion of the employee’s probationary period.

In Senegal, termination of a permanent contract requires the employer to provide written notice stating the grounds or offer compensation. Severance pay is mandatory, but in cases of severe negligence, termination without notice is permissible, subject to evaluation by a court. The burden of proof lies with the employer in demonstrating the validity of the termination reason in case of disputes. Unfair dismissal may incur additional damages penalties.

Dismissing an employee on maternity leave is prohibited, and approval from the Labor Inspector is required for workers’ representatives’ dismissal.

For fixed-term contracts, termination before the term is possible only in cases of severe negligence, mutual written agreement, or force majeure.

Either the employer or employee has the option to terminate the employment contract by providing written notice or offering payment in lieu of notice.

For executive and similar employees, the notice period is three months, while for non-executive employees, it varies based on their length of service:

• – Less than one year of service: 8 – 15 days
• – One to five years of service: 15 days
• – More than five years of service: one month

During the notice period, the employee is entitled to two days off per week to search for a new job.

A pregnant or breastfeeding employee has the right to terminate the employment contract at any time without notice or compensation.

For permanent contracts, an employee who has worked for at least one year and has not engaged in significant misconduct qualifies for severance pay upon termination. The severance pay amount is determined as a percentage of the total monthly wages per year of service, with the percentage increasing based on the duration of employment. Specifically, it is 25% per year for the initial five years, 30% per year for the subsequent five years, and 40% per year after the tenth year. Additionally, an employee terminated due to economic reasons is entitled to one month’s gross salary along with severance pay.

For fixed-term contracts, if an employer terminates the contract before its completion, the employee is owed the remaining wages stipulated in the contract and an end-of-contract indemnity equal to 7% of the total gross salary earned during the contract period.

There are no legal restrictions preventing the inclusion of non-competition clauses in employment contracts.

In Senegal, the management of personal information is governed by the Data Protection Act, designed to protect individuals’ privacy and oversee the use of personal data. Processing personal data requires the explicit consent of the individual concerned to be considered lawful.

While no specific legal obligations exist, it is advisable for employees to receive payslips containing comprehensive details of their salaries, deductions, and other pertinent information.

After completing 12 months of service, an employee earns 24 days of paid annual leave, which escalates with tenure according to collective agreements. Female employees receive an extra day of leave per child under 14.

Accumulated annual leave can be carried forward for up to three years, with a mandatory usage of at least six days per year. However, compensation in lieu of annual leave is only permissible upon contract termination.

Employees are guaranteed a minimum of five days of paid sick leave. However, those covered by the Inter-professional collective agreement are entitled to extended sick leave based on their tenure with the employer:

• – Less than 12 months of service: One month at full pay, followed by three months at half pay.
• – Between 12 months and five years: One month at full pay, followed by four months at half pay.
• – More than five years: Two months at full pay, followed by five months at half pay.

Once an employee in Senegal completes six months of service, they are eligible for up to 15 days of absence or permission leave with full pay per year. If this allowance is surpassed, the employer may subtract these days from the employee’s annual leave allotment. It’s important to note that absence leave cannot be carried over from one year to the next.

Maternity Leave:

In Senegal, female employees are entitled to 14 weeks (98 days) of maternity leave, which includes eight weeks of postnatal leave. If a medically verified illness results from pregnancy or confinement, this leave can be extended by three weeks.

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

Paternity Leave:

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

In Senegal, typically, there are 14 national holidays celebrated annually. Additionally, the government may introduce one-time holiday events throughout the year.

Female employees are entitled to 26 weeks of maternity leave, which can begin as early as eight weeks before the expected delivery date. The remaining weeks can be taken after childbirth. For women expecting their third child or more, the paid maternity leave duration is 12 weeks, with six weeks before and six weeks after the expected delivery date. Maternity leave is granted with full pay if the employee has completed at least 80 days of service with the employer in the 12 months before her expected delivery date. Maternity benefits are paid at the average daily wage rate for the duration of the absence from work. Additionally, female employees receive a medical bonus of INR 3,500 if health benefits are not provided by the employer. If a woman’s job allows, she may work from home after utilizing maternity benefits, based on mutual agreement between her and the employer.

The law also provides for adoption leave of 12 weeks for women adopting a child under three months old. A commissioning mother, who provides her egg for embryo implantation in another woman, is entitled to 12 weeks of leave from the date the child is handed over to her. The woman giving birth, known as the host or surrogate mother, is not eligible for this leave.

Employers are required to inform female workers of their rights under the Act at the time of appointment, both in writing and electronically.

While paternity leave is offered to government employees, it is not mandated in the private sector, and its provision is at the discretion of the employer.

Some types of leave, such as study leave, bereavement leave, and leave for voting, may vary depending on the industry or state of employment. These leaves can be paid, unpaid, or half-paid, and their availability is typically determined by the organization’s policies and practices.