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Senegal - Working time - 2011


LAST UPDATE

1 August 2011

SOURCES


Name of Act

Decree on the general regime of derogations from the legal working hours, (Décret fixant le régime général des dérogations à la durée légale du travail), Decree No.70-183 of 20 February 1970, Journal officiel, 1970-03-09, no 4091, pp. 257-259, as amended up to Decree No.2006-1262 of 15 November 2006.

Name of Act

Decree on the modalities of remuneration of overtime, (Décret fixant les modalités de rémunération des heures supplémentaires), Decree No. 70-184, of 20 February 1970, Journal officiel, 1970-03-09, no 4091, pp. 259-260.

Name of Act

Order on conditions of work of women and pregnant women, No. 5254/IGTLS/AOF of 19 July 1954.

Name of Act

Decree on the employment of minors, (Arrêté relatif au travail des enfants), Decree No. 3748/MFPTEOP/DTSS of 6 June 2003, Journal officiel, 2003-11-15, n° 6134, pp. 1439-1440.

Name of Act

Decree on the general conditions of employment of domestic workers,(Décret déterminant les conditions générales d’emploi des domestiques et gens de maison), Decree No. 974 MFPT-DTSS of 23 January 1968, as amended up to Decree 3006 MFPTE-DTESS of 20 March 1972.

Name of Act

Labour Code of Senegal, Law No.97-17 of 1 December 1997, Journal officiel, 1997-12-13, No. 5776, pp. 504-537, as amended up to Law No.2003-23 of 2003.
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Name of Act

Decree No.11100 of 3 December 2009 fixing the part-time regime (Arrêté 11100 du 3 décembre 2009 déterminant les modalités d’application du travail à temps partiel).

LEGAL DEFINITIONS


Employee/worker

"Employee" means any person, regardless of their sex or nationality who agrees to carry out a professional activity, in exchange for remuneration under the management of another public or private, person or body.
Labour Code Art.L.2

Employer

"Employer" means any natural or legal person, or any public or private entity which employs one or more employees.
Labour Code Art.L.3

Overtime/overtime work

"Overtime work" means the hours of work performed beyond statutory weekly hours or equivalent hours.
Labour Code Art.L.138

Part-time work(er)

"Part time work" is the work performed inferior to at least 1/5th of normal hours of work or as fixed by collective agreement.
Labour Code Art.L.137
Decree No.11100 Art.2

Night work(er)

"Night work" is the work performed between 10.00 pm and 05.00 am.
Labour Code Art.L.140

NORMAL HOURS LIMITS


Daily hours limit


General limit

Relevant provisions on general daily hours limit have not been identified.
Historical data (year indicates year of data collection)
  • 2009: No general daily hours limit.

Special categories


» Part-time work

Part-time workers may work up to 6h40 minutes per day in non-agricultural enterprises and 8 hours per day in agricultural enterprises.
Decree on the general regime of derogations from the legal working hours Art.3

» Young workers

In no case young workers can perform more than 8 hours per day (up to 18 years of age).
Decree on the employment of minors Art.3

Weekly hours limit


General limit

In every establishment in Senegal the general limit of hours that a worker may perform is fixed in 40 hours.
Labour Code Art.L.135
Historical data (year indicates year of data collection)
  • 2009: 40 hours
  • 2007: 40 hours
  • 1995: 40 hours.

Exceptions

Employers can, at the request of workers, deviate from the 40 hour limit, after informing the labour inspectorate and the workers’ representative.
These individualised schedules can involve deferring hours from one week to another, without overtime pay.
Labour Code Art.L.136

Special categories


» On-call work

Presence at the workplace exceeding the normal weekly working time is possible for work the nature or the intermittent character of which justifies it. This is the case e.g. for employees exclusively carrying out surveillance work, fire services, employees working in hospitals, domestic workers.
Decree on the general regime of derogations from the legal working hours Art.4

» Agricultural workers

In agricultural establishments the limit of hours that a worker may performed is fixed in 2352 hours per year.
Labour Code Art.L.135

» Domestic work

The limit for domestic workers is fixed in 260 hours per month (including time without work); 173h33 min of effective work "travail effectif".
Decree on the general conditions of employment of domestic workers Art.13

OVERTIME WORK


Criteria for overtime


General

The normal working time of the workplace may be exceeded for preparatory or complementary work and such work that cannot be carried out by its nature in time.
It may also be exceeded for urgent work which has to be carried out immediately due to prevent the loss of products or an imminent accident, organising salvation measures and repairing occurred material damages (on the building or installations of the establishment).
A limit is to be determined by decree of the Ministry of Labour.
Decree on the general regime of derogations from the legal working hours Art.2,5,6

Limits on overtime hours


General limits

Overtime work can be carried out up to 10 hours per week and up to 100 hours per year, in order to maintain or increase production, provided that this has been authorized by the labour inspection. The labour inspection has to consult with the most representative employees` organisations of the sector and can only grant permission for 6 months in a row.
Labour Code Art.L.138
Decree on the general regime of derogations from the legal working hours Art.11
Historical data (year indicates year of data collection)
  • 2009: Overtime work can be carried out up to 20 hours per week in order to maintain or increase production, provided that this has been authorized by the labour inspection. The labour inspection has to consult with the most representative employees` organisations of the sector and can only grant permission for 6 months in a row.
  • 2007: Limits are to be determined by collective agreements, enterprise agreements or by decree.
  • 1995: No legal provision.

Restrictions/exceptions

In case of interruptions of work due to e.g. accidents, force majeure, unforeseen adverse weather, a regular decrease of work etc, a prolongation of work can be arranged in order to make up for this time, which is not to be remunerated as overtime work.
Decree on the general regime of derogations from the legal working hours Art.6

Compensation for overtime work


Overtime rate(s)

In general, overtime is to be remunerated by an increase of 10% for the performance of in between 41 and 48 hours per week, and by an increase of 35% for hours exceeding 48 per week.
Decree on the modalities of remuneration of overtime Art.2,3
Historical data (year indicates year of data collection)
  • 2009: In general, overtime is to be remunerated by an increase of - 10 % from the 41-48th hour - 35 % for hours exceeding 48 per week.
  • 2007: Increased rate, to be determined by collective agreements, enterprise agreements, or by decree.
  • 1995: 10% premium for the first 8 overtime hours per week; 35% above 48 hours per week. 50% for overtime hours during night work and during weekly rest periods. 100% for overtime work at night during weekly rest period.

Exceptions

Overtime work carried out during the weekly rest day is to be remunerated by an increase of 50% during day time and 100% during night time (22.00 - 5.00h).
Overtime is remunerated at the normal overtime rate in enterprises that work on uninterrupted shift schedules.
Decree on the modalities of remuneration of overtime Art.7,8

Compensatory rest

The worker may enjoy a compensatory rest of 100% the hours of overtime work performed in lieu of remuneration.
Decree on the general regime of derogations from the legal working hours Art.11e)

Notice of requirement to work overtime


General provisions

The employer shall inform the employers’ organization the same day about the submission of the request for authorization to the Labour Inspector for the performance of overtime work.
An opposition may be executed in the 8 days following the date of notice by the employers’ organization. If no complaints after this term, the Labour Inspector shall make a decision in the next 8 days.
In the case of urgent situations on which longer hours of work are required by the nature of the establishment, the employer shall inmediately send to the Labour Inspector the request and the justifications of such measure.
Decree on the general regime of derogations from the legal working hours Art.11a)

Special categories


Domestic work

Work exceeding 60 hours per week is to be remunerated by 10% for each hour between 61-68 hours per week, 35% for each hour exceeding 68 hours per week, and by 50% for work carried out on the weekly rest day.
Decree on the general conditions of employment of domestic workers Art.14

Part-time work

Part-time workers receive an increase of payment for overtime of 10% from 6h40min to 8 hours per day, 35% for hours exceeding 8 hours per day.
Decree on the modalities of remuneration of overtime Art.5

Night work

Overtime carried out during night (22.00-5.00h) increases the salary by 50%. The normal overtime rate applies in enterprises that carry out uninterrupted shift work.
Decree on the modalities of remuneration of overtime Art.3, 8

Agricultural workers

Working time exceeding the daily working time as set in a Decree for agricultural workers provides for an increase of remuneration by 35% in general and by 50% for overtime night work (22.00h- 5.00 h).
Decree on the modalities of remuneration of overtime Art.7

SCHEDULES

Relevant provisions on schedules have not been identified.

REST PERIODS


Rest breaks


General provisions

Relevant provisions on rest breaks have not been identified.

Historical data (year indicates year of data collection)
  • 2009: No general statutory provisions on rest breaks.
  • 1995: No legal provision.

Daily rest periods


Duration

Relevant provisions on general daily rest have not been identified.
Historical data (year indicates year of data collection)
  • 2009: No general statutory provision on daily rest.
  • 1995: No legal provision.

Special categories


» Young workers

Young workers shall enjoy at least 11 consecutive hours of rest between shifts (including the time between 22.00h and 5.00h).
Decree on the employment of minors Art.5

» Women

Women shall enjoy at least 11 consecutive hours of rest between shifts(including the time between 22.00h and 5.00h)
Labour Code Art.L.141

Weekly rest periods


Duration


» General

Weekly rest is compulsory and has normally a duration of 24 consecutive hours.
Labour Code Art.L.147
Historical data (year indicates year of data collection)
  • 2009: Compulsory minimum duration of 24 consecutive hours.
  • 1995: 24 consecutive hours.

Day specified


» General

Normally the weekly rest day is to be taken on Sunday.
Labour Code Art.L.147

Work on weekly rest day


» Compensation (for working on a rest day)

Overtime work carried out during the weekly rest day is to be remunerated by an increase of 50% during day time, and 100% during night time (22.00 - 5.00h).
Overtime is remunerated at the normal overtime rate in enterprises that work on uninterrupted shift schedules.
Decree on the modalities of remuneration of overtime Art.7,8

Special categories


» Young workers

Young apprentices (up to 18 years of age) or young employees in family enterprises or working for a private person must not work on Sundays.
Decree on the employment of minors Art.9

» Domestic workers

The parties may agree upon a weekly rest day other than Sunday, or specify 2 half days free from work.
Decree on the general conditions of employment of domestic workers Art.15

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

In order to be entitled to enjoy annual leave, the worker shall have done minimum 12 months of service.
Labour Code Art.150

Duration


» General

The worker enjoys 2 days of annual leave for each month of work performed over a year.
Labour Code Art.L.148
Historical data (year indicates year of data collection)
  • 2009: 24 days (2 days per month).
  • 2007: 24 days (2 days per month).
  • 1995: 1,5 days per month worked after 12 months of employment.

» Exceptions

Annual leave is increased according to the seniority of the worker and in relation to specific regulations and collective agreements.
Labour Code Art.L.148

Payment


» Amount

The amount perceived for annual leave is equivalent to 1/12 of the annual pay.
Labour Code Art.L153

» Date of payment

The amount shall be paid before departing for the annual leave.
Labour Code Art.L.153

Special categories


» Women

Mothers are entitled to one additional day of leave per year for each child in their charge of under 14 years.
Labour Code Art.L.148

PUBLIC HOLIDAYS

Relevant information on public holidays have not been identified.

EMERGENCY FAMILY LEAVE

Relevant information on emergency leave have not been identified.

PART-TIME WORK


General provisions

Part time work" is the work performed inferior to at least 1/5th of normal hours of work or as fixed by collective agreement. Part-time hours of work may be introduced in all establishments.

Employers can make part-time contracts to the employees after consulting the employees’ organizations and after given notice to the Labour Inspector.
Labour Code Art.L.137
Decree No.11100 Art.2,3

Limits


Daily hours limit

Part-time workers may work up to 6h40 minutes per day in non-agricultural enterprises and 8 hours per day in agricultural enterprises.
Decree on the general regime of derogations from the legal working hours Art.3
Decree No.11100 Art.9

Overtime work

Working time exceeding the daily hours limit is to be remunerated as overtime.
Decree on the general regime of derogations from the legal working hours Art.3
Decree No.11100 Art.9

Right to equal treatment


Right/scope

While taking into account the duration of the work and seniority in the enterprise, the salary of part-time workers are proportionate to the one of full-time workers with the same qualification.
Labour Code Art.L137
Decree No.11100 Art.8

NIGHT WORK


Criteria for night work

Night work is the work performed between 10.00 pm and 05.00 am
Labour Code Art.L.140

Special categories


Young workers

Young workers (below 18 years of age) cannot be made to perform night work (22.00-5.00h).
Decree on the employment of minors Art.3
Labour Code Art.140

Women

In factories, manufactures, mines and quarries, building sites and workshops, it is prohibited to employ women at any night work.
Order on conditions of work of women and pregnant women Art.3

SHIFT WORK

Relevant provisions on shifts have not been identified.

ON-CALL WORK


Limits


Weekly limit

Presence at the workplace exceeding the normal weekly working time is possible for work with an intermittent nature or when the characteristics of the work justifies it. This is the case of employees who exclusively carried out surveillance work, fire services, employees working in hospitals, domestic workers, etc.
Decree on the general regime of derogations from the legal working hours Art.4

FLEXITIME


Criteria

Individual working hours (horaires individualisés) can be implemented, provided that the Labour Inspection and the employees` delegates have been informed beforehand.
Labour Code Art.L.136

CASUAL WORK

Relevant provisions on casual work have not been identified.

SHORT-TIME WORK/WORK-SHARING


General provisions

In order to avoid dismissals for economic reasons, the employer has to assemble the employees` delegates and evaluate all possibilities such as the reduction of working hours, "chômage partiel" or training of employees.
Labour Code Art.L.61

RIGHT TO CHANGE WORKING HOURS

Relevant provisions on right to change working hours have not been identified.

INFORMATION & CONSULTATION

Relevant provisions on information and consultation have not been identified.

Results generated on: 24th November 2014 at 13:11:06.
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