Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Maternity Protection Convention, 2000 (No. 183) - Senegal (Ratification: 2017)

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Article 4 (5) of the Convention. Duration of postnatal leave in case of early confinement. The Committee notes the information provided by the Government in its report that a worker cannot extend her postnatal leave in the event of premature childbirth because, according to section L.143 of the Labour Code, the maximum duration of maternity leave is fourteen (14) consecutive weeks, including eight (8) weeks after the date of birth, which cannot be extended unless the six (6) week period of prenatal leave has not been used in its entirety. The Committee also notes that, according to the Government, the current reform of the Labour Code envisages that when childbirth occurs before the expected date, the duration of postnatal leave should be extended by the same number of days. In this context, the Committee trusts that the amendments to the Labour Code will include the extension of postnatal leave in the case of early confinement, and requests the Government to provide information on progress made in the reform of the Labour Code in this regard.

Article 6(2) and (6). Adequate benefits out of social assistance funds. The Committee notes that, according to the Government, benefits in kind are provided, in practice, to all pregnant women through the Social Security Fund. The Committee wishes to recall that pursuant Article 6(6) of the Convention, women workers who do not qualify for cash benefits under social insurance schemes shall be entitled to adequate cash benefits out of social assistance funds, sufficient to maintain themselves and their children in proper conditions of health and with a suitable standard of living. In view of the above, the Committee requests the Government to provide information on: (i) the benefits provided in cash to women workers who do not qualify for social insurance maternity cash benefits; and (ii) how benefitsprovided out of social assistance in Senegal ensure that women can maintain themselves and their children in proper conditions of health and with a suitable standard of living, as required by Article 6(2) of the Convention.

Article 8(1). Protection of employment. The Committee notes with interest the amendments to the section L.142-bis of the Labour Code, introduced by Law No. 2022-03, adopted on 14 April 2022, which expressly prohibit the dismissal of women on grounds of pregnancy and during maternity leave. The Committee also notes that section L.56, paragraph 3, of the Labour Code establishes that, in the event of a dispute over the grounds of dismissal, the burden of proving the existence of a legitimate reason unrelated to pregnancy rests with the employer.

Article 9(1) and (2). Discrimination on the grounds of maternity. The Committee also notes with interest that, according to section L.142-bis of the Labour Code, the employer may not take a woman’s state of pregnancy into consideration in refusing to hire her, in terminating her employment contract, including during the trial period, or, subject to a temporary assignment justified by medical necessity, night work or exposure to particular risks, in deciding on a transfer of employment. In addition, the Committee notes that requesting or seeking any information about the pregnancy at the time of the recruitment is punishable with a fine 500,000 and 1,000,000 CFA francs and by imprisonment for three months to one year, or by one of these two penalties only. The Committee requests the Government to provide further information on the application of section L.142-bis in practice, indicating, for example, reports from the Labour Inspectorate on the number and nature of violations detected, and the penalties imposed in such cases, as well as court decisions in this regard, if any.