Employer of Record Guide in 

Senegal

Vacation Leave

• Entitlement: 2.5 working days per month of service (30 days annually)
• Accrual: Begins after 12 months of continuous employment
• Timing: Must be taken within 18 months of accrual
• Payment: Full salary during leave period
• Payout: Unused vacation must be paid upon termination

Sick Leave

• Duration: Up to 6 months per year
• Payment:
  • First 3 days: Unpaid (employer discretion)
  • Days 4-30: 50% of salary (social security)
  • Days 31-180: 66.7% of salary (social security)
• Medical Certificate: Required after 3 consecutive days

Maternity Leave

• Duration: 14 weeks total
  • 6 weeks before expected birth
  • 8 weeks after birth
• Payment: 100% of salary (social security funded)
• Job Protection: Position guaranteed upon return
• Additional: 1 hour daily for breastfeeding for 15 months

Paternity Leave

• Duration: 3 days
• Payment: 100% of salary (employer funded)
• Timing: Must be taken within 15 days of birth

Religious Leave

• Islamic Holidays: Recognised for Muslim employees
• Christian Holidays: Recognised for Christian employees
• Duration: Varies by holiday (typically 1-2 days)
• Payment: Full salary maintained

Summary

Termination Types

Termination for Cause (Dismissal):

• Serious misconduct, repeated violations, or criminal activity
• No notice or severance required
• Must follow disciplinary procedures outlined in Labour Code

Termination Without Cause (Economic Dismissal):

• Redundancy, restructuring, or economic difficulties
• Requires proper notice and severance payments
• Must demonstrate genuine economic necessity

Notice Period Requirements

Notice periods vary by employee category and length of service:

During probation period: 8 days notice for contracts under 6 months

Severance Pay

Severance calculations are based on length of service:

Minimum severance: One month's salary regardless of service length

Probationary Periods

• Standard period: Up to 6 months
• Renewal: One renewal of equal duration permitted
• Termination during probation: 8 days notice required
• No severance: Required during probationary period

Final Pay Requirements

Employers must provide final payment within:

• 8 days for termination with cause
• 30 days for termination without cause
• Must include all accrued benefits, vacation pay, and severance

Legal Protections

Employees are protected against termination based on:

• Pregnancy or maternity leave
• Trade union activities
• Filing complaints against employer
• Discrimination based on religion, ethnicity, or gender

National Public Holidays

Senegal observes 13 national public holidays annually:

Regional Variations

Some regions may observe additional local holidays or religious observances specific to their communities.

Holiday Pay Rules

• Eligibility: All employees regardless of length of service
• Payment: Full day's salary for each public holiday
• Working on holidays: 140% of regular pay plus compensatory day off
• Falling on weekends: Substitute day provided on following Monday

Religious Accommodation

Employers must accommodate religious observances for:

• Muslim employees: Friday prayers, Islamic holidays
• Christian employees: Sunday worship, Christian holidays
• Other faiths: Reasonable accommodation as required

Required Documents for Employment

Employment Contract Must Include:

• Job title and detailed responsibilities
• Salary and payment terms
• Working hours and location
• Probationary period terms
• Termination clauses compliant with Labour Code

Employee Documentation:

• National Identity Card or passport
• Birth certificate
• Educational certificates/diplomas
• Medical certificate of fitness
• Social security registration
• Tax identification number

Work Permits & Visas

Foreign employees require:

• Valid work permit from Ministry of Labour
• Residence permit from Ministry of Interior
• Medical examination certificate
• Criminal background check from home country

Processing time: 4-8 weeks for complete documentation

Language Requirements

• Official language: French
• Employment contracts: Must be in French
• Workplace communication: French is standard
• Local languages: Wolof widely spoken but not required

Background Checks

Permitted checks:

• Criminal record verification
• Educational qualification verification
• Previous employment confirmation
• Professional licence validation (where applicable)

Employee consent required for all background verification activities.

Social Security Registration

All employees must be registered with:

• CNSS (Caisse Nationale de Sécurité Sociale): Social security
• IPRES (Institution de Prévoyance Retraite du Sénégal): Pension fund
• CSS (Caisse de Sécurité Sociale): For certain sectors

Onboarding Timeline

What the EOR Handles

Borderless AI manages:

• Employment contract preparation in French
• Social security and tax registration
• Work permit assistance coordination
• Payroll setup and compliance
• Local labour law adherence
• Document collection and filing

Worker Classification

Employee vs. Independent Contractor distinction is critical:

Employees:

• Work under employer direction and control
• Receive regular salary and benefits
• Protected by Labour Code provisions
• Employer handles tax withholding and social contributions

Independent Contractors:

• Operate with autonomy and independence
• Invoice for services provided
• Responsible for own tax obligations
• No employment law protections

Misclassification risks: Penalties, back payments of social contributions, and legal liability.

Trade Unions & Collective Bargaining

• Union membership: Constitutionally protected right
• Collective agreements: Common in formal sector
• Strike rights: Protected but with procedural requirements
• Employer obligations: Must negotiate in good faith with recognised unions

Cultural Considerations

Workplace Culture:

• Respect for hierarchy: Important in Senegalese business culture
• Religious observance: Accommodation expected for Islamic and Christian practices
• Extended family obligations: May affect availability for overtime or travel
• Teranga (hospitality): Emphasis on respectful, welcoming interactions

Communication Style:

• Indirect communication: Preferred to maintain harmony
• Relationship building: Important before conducting business
• Patience with processes: Administrative procedures may take longer

Remote Work Framework

Legal considerations:

• Labour Code application: Extends to remote work arrangements
• Equipment provision: Employer responsibility for necessary tools
• Working time monitoring: Must comply with standard hour limits
• Health and safety: Employer obligations extend to home office

Practical challenges:

• Internet infrastructure: Variable quality across regions
• Power supply: Frequent outages may affect productivity
• Cultural adaptation: Remote work less common in traditional sectors

Compliance Monitoring

Regular requirements:

• Labour inspection: Government authorities conduct workplace inspections
• Social security audits: CNSS reviews contribution compliance
• Tax compliance: Regular filing and payment obligations
• Record keeping: Detailed employment records required for 5 years

Writers should double-check all regulatory requirements and verify current compliance obligations with official Senegalese authorities.