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Senegal - Substantive requirements for dismissals


Substantive requirements for dismissals (justified and prohibited grounds) - Senegal - 2019    

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Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. L50 LC


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • - Art. L56 LC: any fair reason
    In addition there are some provisions on termination for economic reasons (Art. L60 LC) and summary dismissal for serious misconduct (art. L54LC).


Prohibited grounds: maternity leave; race; sex; religion; political opinion; social origin; trade union membership and activities
Remarks:
  • Art. L56 LC and 7 of the Inter-occupational Collective Agreement on the prohibition of dismissal on the basis of trade union activities and membership, and on the basis of the opinions of the worker.
    Art. L143 LC on the prohibition of dismissal during the suspension of the contract due to maternity leave (no reference to prohibition of dismissal on the basis of pregnancy)
    Art. L1 (2) LC on the general prohibition of discrimination on the basis of origin, race, sex and religion.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
Remarks:
  • Art. L214-217 LC: mandatory approval by the Labour Inspector prior to any dismissal of a workers' representative and specific remedies for wrongful dismissal.
    Art. L143 LC on the prohibition of dismissal during the suspension of the contract due to maternity leave (no reference to prohibition of dismissal on the basis of pregnancy)