Understand the laws governing work hours and overtime in Senegal
In Senegal, the legal framework for working hours is established by the National Inter-professional Collective Convention. The standard workweek is capped at 40 hours. This translates to a maximum of eight hours worked per day over a six-day workweek. There is no legislation mandating a specific number of working hours per day. However, the 40-hour weekly limit translates to an eight-hour daily maximum when spread across a six-day workweek. The maximum working week in Senegal is 40 hours, with a daily limit implied by the weekly cap.
Overtime work is a common practice in Senegal, regulated by the Labour Code and specific guidelines. There are two limits on overtime work: Employees can work a maximum of 10 overtime hours per week and the total overtime work cannot exceed 100 hours per year.
Overtime work is compensated at a higher rate than regular hours. The specific rate depends on the number of overtime hours worked. Overtime is paid at 110% of the employee's standard hourly rate for the first 8 hours. For any hours worked beyond the initial eight overtime hours, the rate increases to 135% of the standard hourly rate.
Employers must request authorization from the Labour Inspection office before exceeding the legal limits of overtime work. The Labour Inspection must consult with employee organizations in the sector before granting permission for extended overtime. Authorization for exceeding overtime limits is typically granted for a maximum of 6 months at a time.
In Senegal, labor laws have established minimum requirements for rest periods and breaks for employees.
Weekly Rest
Employees are entitled to 24 consecutive hours of rest per week. Ideally, the weekly rest day should be Sunday. If an employee works on a weekend, they are entitled to a compensatory rest day in exchange. However, to receive the compensatory rest day, the employee must waive their right to overtime pay for the hours worked on the weekend.
Daily Breaks
There aren't specific legal mandates for short breaks throughout the workday in Senegal. However, the country enforces a maximum working hour limitation. The maximum legal working hour schedule is eight hours per day and 40 hours per week. This indirectly allows for short breaks within the workday as employees cannot be legally required to work beyond the stipulated timeframe.
Additional Considerations
For young workers, those under 18 years old, they are entitled to at least 11 consecutive hours of rest between shifts, which includes the nighttime hours between 10 pm and 5 am.
Night shift and weekend work in Senegal are subject to specific regulations outlined in the Labor Code. These regulations aim to protect worker health and safety while ensuring business continuity.
Night work is defined as any work period spanning at least seven hours, which includes at least two hours between 10:00 PM and 6:00 AM. Here are some key regulations regarding night work:
The Senegalese workweek typically consists of five days, with Saturday and Sunday designated as rest days. However, weekend work is permitted under certain conditions:
Certain sectors or specific roles may be exempt from these regulations through collective bargaining agreements or ministerial orders. It's always advisable to consult the relevant collective bargaining agreement or company policy for detailed information on night shift and weekend work regulations applicable to a specific job.
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