What are the requirements relating to advertising positions?
In principle, no specific provisions concern the advertisement of positions. However, in practice, they should include:
- the job title;
- a description of the main tasks that the role entails;
- the duration of the post; and
- the place of work.
Background checks What can employers do with regard to background checks and inquiries in relation to the following:
Employers are not obliged to conduct background checks and inquiries concerning criminal records. However, where they do, they can decide whether to hire the candidate based on the results.
Employers can check a candidate’s medical history and decide not to recruit an employee based on the results.
Employers can conduct drug screenings of candidates and decide not to recruit an employee based on the results.
Employers can conduct credit checks of candidates and decide not to recruit an employee based on the results.
Employers can check the immigration status of candidates and decide not to recruit an employee based on the results.
Employers can check candidates’ social media accounts and decide not to recruit an employee based on the results.
Employees are not obliged to provide information regarding their personal background unless required by the regulations governing their specific employment sector. However, employees can agree, on request of an employer, to share information with their employer on its request.
Wages and working time
Is there a national minimum wage and, if so, what is it?
There are two national minimum wages:
- the guaranteed interprofessional minimum wage, which is the minimum wage that an employer can pay (approximately CFA36,243); and
- the guaranteed agricultural minimum wage.
Are there restrictions on working hours?
Under the Labour Law, working hours cannot exceed:
- 8 hours per day;
- 40 hours per week; and
- 173.33 hours per month.
Night work is possible between 10:00pm and 5:00am.
Hours and overtime
What are the requirements for meal and rest breaks?
Rest breaks of 30 minutes or one to two hours are provided for by law.
How should overtime be calculated?
Under Senegalese labour law, ‘overtime’ is defined as any additional time worked beyond regular working hours and is calculated by multiplying the hourly salary by the following rate:
- for overtime worked during the day – 15% for the first eight extra hours worked and 40% for any extra hours;
- for night hours – 60% for any extra hours worked; and
- for overtime worked on weekends or public holidays – 60% for any extra daytime hours and 100% for any extra night-time hours.
What exemptions are there from overtime?
Exemptions from overtime are governed by Article L 138 of the Labour Code relating to hours of work within specific sectors.
For example, employees who work as maids can work 60 hours per week instead of 40 hours without having the right to claim 20 hours’ overtime.
Is there a minimum paid holiday entitlement?
Yes, the minimum paid holiday entitlement is equal to 12 months (Article L 150 of the Labour Code).
What are the rules applicable to final pay and deductions from wages?
Final pay and deductions from wages cannot be lower than the national minimum wage and must be paid in West African francs. Payment must be made except in all cases, except cases of force majeure in the course of work, and must be paid at regular intervals not exceeding:
- 15 days for employees engaged on a daily or weekly basis; and
- one month for workers engaged on a fortnightly or monthly basis.
Monthly payments must be made no later than eight days after the end of the month of work qualifying for salary (Articles L 105 et seq of the Labour Code).
Deductions from wages are permitted. However, under Article L 130 of the Labour Code, they should apply only to the portion of salary that can be subject to deduction or seizure.
What payroll and payment records must be maintained?
Payroll and payment records can be manual or electronic. There is no obligation to use electronic payrolls, but manual payrolls must be kept up to date (Articles L 116 and L 221 of the Labour Code).