Termination

Notice

Are employers required to give notice of termination?

Yes, unless otherwise agreed by the parties or stipulated by specific rules, employers must give notice of termination, except in cases of gross negligence (Article 22 of the National Interprofessional Collective Agreement).

Redundancies

What are the rules that govern redundancy procedures?

Senegalese law provides specific procedures that govern redundancy. The procedure differs depending on the number of employees concerned.

Are there particular rules for collective redundancies/mass layoffs?

Article L 60 et seq of the Labour Code set out rules regarding collective redundancies or mass layoffs.

Protections

What protections do employees have on dismissal?

On dismissal, employees have specific rights that their employers should not breach. No employee should be dismissed without formal written notice outlining the grounds of their dismissal.

The burden of the proof of the grievances against an employee falls on the employer.

Some employees enjoy specific protections with regard to their status. These protections include:

  • staff representatives (Article L 214 et seq of the Labour Code); and
  • pregnant women (Article L 143 of the Labour Code).

Specific procedures govern the dismissal of these categories of worker.