An indefinite contract in Senegal can be terminated by agreement of the parties, or by either party after complying with the required notice period. All notices of termination must be in writing and must state the reason for the termination. If the employer is terminating the contract, the employer must have a justified reason, based either on an economic reason or a personal reason specific to the employee.
Most employees must provide 15 days’ notice when terminating an indefinite contract, while executives must provide a minimum of two months’ notice. When the employer is terminating the contract, the notice period is one month for most employees, two months for supervisors and supervisory-level employees, and three months for executives. An employer can also terminate an employee without notice if the employer has just cause, if the employee has engaged in serious misconduct such as unjustified absence, violation of professional obligations, gross negligence, or committing a criminal or civil offense. In all but the most serious cases of misconduct, the employer must first send the employee a letter explaining why the employer is unsatisfied with their performance. The employee must be given 48 hours to respond.
There is no statutory right to severance pay, but it is mandated by the national interprofessional collective agreement. The amount corresponds to a percentage of the employee’s monthly overall wages per year of service.