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Written Agreements

Contracts of employment may be for a fixed or an indefinite period. Contracts that lack a written form are, by default, considered to be for an indefinite period of time. All fixed-term contracts must be made in writing. Written contracts must include information on the employee and employer's identity, the nature of the job, the salary and benefits, the contract's duration, etc.

Written contracts are exempt from all stamp and registration charges.

Oral Agreements

In Senegal, contracts can be set orally or in writing. Any contract not made in writing is considered a contract for an indefinite period. If employers wish to determine a fixed term for the contract’s validity, they must do so in writing.

For contracts not concluded in writing, proof of existence can be provided by any means. All employment contracts are subject to the provisions of the Labor Code.

Implied Agreements

In Senegal, there are no provisions or guidance on implied contracts. Contracts that are not established in written form are assumed to be for an indefinite period. For contracts not concluded in writing, proof of existence can be provided by any means. All employment contracts are subject to the provisions of the Labor Code.

In Senegal, the Labor Code indicates that the standard workweek is capped at 40 hours. People working in the agriculture industry are limited to 2,352 hours of work in a year. Agreements relating to the development and distribution of working hours of the week can be concluded within the company or the establishment.

Senegalese employees work a maximum of six days per week, with one day allocated for 24 hours of rest.

January 1: New Year’s Day; February 4: Prophet Mohammed’s Birthday; April 4: Independence Day; April 9: Easter Monday; May 1: Labor Day; Ascension; May 28: Whit Monday; Assumption; August 19: Korité (End of Ramadan); November 1: All Saints’ Day; October 26: Tabaski (Feast of the Sacrifice); November 15: Tamkarit (Islamic New Year); November 24: Tamkharit (Ashoura); December 25: Christmas Day.

In Senegal, probationary periods are limited to a maximum of 6 months, including renewals. Different probationary period limits apply to different types of workers. Workers are categorized into workers paid monthly and workers paid hourly. The maximum duration of probation period is: 8 days for employees paid by the hour or by the day; 1 month for employees paid monthly; 2 months for supervisors, technicians and similar; 3 months for engineers, executives and similar. The trial period is renewable only once, subject to prior agreement between the parties.

During the trial period, employees must receive at least the minimum wage for the professional category to which the job to be filled belongs. Employees can be dismissed without notice during probation.

Notice Period

Senegal's Labor Code requires written notice to be provided for termination of an employment contract. The notice must include the reasons for dismissal. Notice periods can be determined by a collective agreement. In the absence of collective agreements, the notice period is set by law as follows:

• Employees paid by hour, day or week - 1 month
• Non-managerial employees paid monthly - 2 months
• Managers and similar - 3 months

Employees are entitled to 2 days of leave per week during the notice period to look for a new job. Employees who are pregnant and/or breastfeeding are exempt from this law and may terminate their employment contracts at any time as they are not required to follow notice requirements.

Severance Benefits

Employees who have worked for at least 1 year are entitled to severance benefits, provided they have an employment record free of gross misconduct.

Severance under collective agreements is set as a percentage of the overall monthly salary and depends on the length of service:

• 25% of the monthly salary for each of the first 5 years of service
• 30% of the monthly salary for each of the next 5 years, up to 10 years of service
• 40% of the monthly salary for each year after the tenth year

When an employee is dismissed on economic grounds (redundancy), they are entitled to 1 month's gross wages and redundancy pay.

Minimum Wage

In Senegal, the government divides employees into 2 categories: agricultural and non-agricultural. The current hourly minimum wage is XOF 370.526 (West African CFA francs) (valid from August 2023) for the non-agricultural sector and XOF 236.865 for the agricultural sector.

Overtime, Holiday & Vacation Pay

If an employee works more than 40 hours a week, their work is considered overtime. Overtime is paid as follows:

• 110% of the wages for the first eight hours of overtime
• 135% of the wages for hours beyond that
• 150% of the wages for overtime hours worked during the night
• 150% of the wages for work done during the day on public holidays or weekly off days
• 200% of the wages for work done during the night on public holidays or weekly off days

During annual leave, employees receive one month’s pay with payment made before the commencement of annual leave. Compensation in lieu of annual leave is prohibited, except in cases of termination.

Visas

Senegal provides a free entry visa for 90 days to those wishing to enter Senegal for a temporary period of time as follows:

• Tourist visa - issued to foreign nationals who wish to visit Senegal for tourism purposes for a period not exceeding 90 days
• Business visa - issued to foreign nationals visiting Senegal for business purposes or attending meetings, conferences, etc., for a period not exceeding 90 days

Applicants must apply for a visa online and visit a diplomatic representation equipped for biometric visa issuance. Subject to a Country's classification requirements, nationals of the following countries do not require a visa to visit Senegal for up to 90 days: Australia, the UK, Canada, other EU countries, and the USA, among others.

Work Permits

Foreign nationals who wish to be employed in Senegal must obtain a work permit and a foreigner identity card. Work permits are issued by the Director of Labor and Social Security for a period of 2 years but are renewable. The Ministry of Interior issues foreign identity cards with a validity period of up to 5 years.