Senegal
Working time – hospitality sector
Impact date: 28 April 2025 (entry into force) A Ministerial Order has reduced the legal working week in the hotel, restaurant and café sector from 48 to 40 hours, unless an exemption is authorized by the relevant authorities. This measure aims to align Senegalese legislation with national and international labour standards, improving working conditions for employees in this sector.
Employer implications/action needed Employers operating in this sector should review the organization of working hours of its workforce to ensure compliance with the new reduced hours requirement and update employment contracts by signing a rider reflecting the new legal working week.
Employer risk Employers who fail to comply run a number of risks such as:
- Any hours worked in excess of the new 40-hour limit are regarded as overtime unless waived by law
- In the absence of a contractual adjustment, employees could claim retroactive payment for overtime worked in excess of 40 hours per week and
- The Labour Inspectorate may issue a formal notice or take administrative action
Link N/A
Social Stability Pact
Impact date: 1 May 2025 In collaboration with trade unions and employers, the Senegalese Government has signed a Social Stability Pact. The Pact aims to strengthen social dialogue, promote social peace, and improve working and living conditions for employees.
Employer implications/action needed Employers must ensure that they consult staff representatives or existing committees on any measure likely to impact working conditions, such as reorganization, redundancies or changes to working hours. Further, the Pact emphasizes the continuous improvement of working conditions, and it is therefore recommended that certain social benefits (e.g. bonuses, break times and safety conditions) are re-evaluated and that internal communication and mediation mechanisms are strengthened. Internal regulations, codes of conduct, and any other documents governing collective labour relations, should also be reviewed.
Employer risk Although the Pact does not constitute a binding standard (like a law or decree), failure to comply with it may give rise to a number of indirect risks, including strikes, industrial action or tensions with staff representatives, which may affect business continuity; reputational risk; increased inspections by the Labour Inspectorate; and litigation risk.
Link N/A
Possible revision of the Labour Code
Impact date: Awaited. Following the forum organized by the Association of Labour and Social Security Inspectors and Auditors (AICTSS) on 25 February 2025, it was discussed that no date has yet been set for the publication of the new Labour Code, but they believe that it could possibly take place in 2025 A number of significant revisions have been proposed to the Labour Code, including:
- The regulation of remote working
- The required development of a social plan before proceeding with dismissals for economic reasons, including outlining measures to avoid or minimize layoffs
- The permitted use of weekly employment contracts, providing greater flexibility for both employers and employees
- Provisions that address the transition from temporary to permanent contracts
- Strengthening the powers of the Labour Inspectorate in relation to technical unemployment, with increased authority to oversee and monitor the implementation of technical unemployment measures by employers
- A requirement for foreign workers to obtain a work permit to be legally employed in Senegal
- Provisions that may limit the damages granted to employees in the event of unfair dismissal
Employer implications/action needed Employers should continue to monitor the progress of the proposed changes to the Labour Code and plan for potential adjustments to existing employment models, policies and procedures should the changes come into force.
Employer risk N/A
Link N/A
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