Minimum Wage in Senegal - Frequently Asked Questions
Is there a separate legislation relating to minimum wages in Sénégal?
Yes, as stated in article 109 of the Labour Code, interprofessional guaranteed minimum wages must be set by decree. The interprofessional guaranteed minimum wage was set on 19th February 1996 by Decree n.96-154. Professional sectors and relative minimum wages are set by collective agreements or, failing that, by decrees of the Minister of Labour. According to article 37 of the national interprofessional collective agreement of Senegal, workers are entitled to a wage that must be at least the minimum wage of his professional category.
Do one or more minimum wages exist that is/are determined by law?
Decree n. 96-154 sets two minimum wages: the one of agricultural workers and similar, and the one of all other workers (non-agricultural).
At which level are minimum wages determined?
Decree n. 96-154 sets minimum wages at a sector-based level: for agricultural workers and similar, and for other workers (non-agricultural).
On what basis is minimum wage calculated: hourly, weekly, monthly or yearly?
In Decree n. 96-154 minimum wage is calculated as hourly.
In case of weekly/monthly minimum wages, are they based on any fixed number of hours?
Minimum wage is based on 2352 hours of work per year for agricultural workers, and on 40 hours of work per week for other workers.
Are governmental bodies, employer and/or trade union representatives involved in minimum wages setting?
Yes, the Ministry of Labour and Employment, the National advisory labour council, the National employers council of Senegal (CNPS), the National workers confederation of Senegal (CNTS) and the Interunion of industries and companies of Senegal (UNISYND) are involved in minimum wage setting.
How are upratings (adjustments) of minimum wage (s) decided upon?
As stated in article 109 of Labour Code, interprofessional guaranteed minimum wages must be set by a decree signed by the Minister of Labour. Sector-based minimum wages, on the contrary, are set and adjusted by a mixed commission formed by the same number of employers and workers from the trade unions that have signed the National collective agreement (art. 39 of the national collective agreement).
Which are the components of minimum wage in Sénégal?
In Senegal minimum wage is composed by one fixed element.
How frequently is the fixed component of minimum wage updated?
There are no regular intervals for the update of minimum wage: the last time was in 1996, and before in 1970, 1973, 1974, 1980, 1981, 1982, 1983, 1985 and 1989.
What is/are the yardstick/s on which minimum wage upratings are based?
As to article 205 of Labour Code, the National advisory council of Labour and Social security is in charge of studying the yardsticks that can serve as a base for determining minimum wages: studies on living wage and on general economic conditions.
What is National Poverty line?
How is minimum wages compliance regulated?
Minimum wage compliance is regulated by a special organization: the National advisory council of Labour.
Which legal sanctions can be applied if compliance is lacking?
Violation of the decrees set by articles 107 and 109 or of ministry decrees set by articles 89, 109, 134 of the Labour Code are punishable with fines from 5000 to 18000 francs CFA. (Art. 7 of Decree n. 62-017 of 10th February 1962).
Are employer and/or trade union representatives involved in compliance procedures?
Yes. In case of individual controversy, the parties can be assisted or represented either by a worker or by an employer working in the same sector, or by a lawyer, or by a representative of his trade union. (Art. 244 of Labour Code).
To whom/Where can individuals complain, if they think they are earning less than minimum wage?
If they want to solve the controversy amicably, workers can complain to the labour and social security inspector. Otherwise, they can complain directly to the Labour Court. (Title 13, Chapter 1 of Labour Code).