Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Sénégal

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 (Ratification: 1960)
Convention (n° 89) sur le travail de nuit (femmes) (révisée), 1948 (Ratification: 1962)

Previous comment: C.14

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)) and 89 (night work (women)) together.

Weekly rest

Article 5 of Convention No. 14. Compensatory rest. In reply to the Committee’s previous comment, the Government indicates in its report that the exceptions set out in sections 10 and 11 of Decree No. 73-085 of 30 January 1973 establishing procedures for the application of the weekly rest period in undertakings other than public services, are exceptional in nature and are not intended to call into question the principle of weekly rest and its compensation by rest. The Committee notes that, according to the aforementioned sections, these exceptions give rise to the payment of overtime. The Committee also notes that, according to section 12 of this Decree, for loading and unloading work in ports, landing places and stations, work is authorized on the weekly day of rest and also gives rise to the payment of overtime. Recalling the importance of ensuring in so far as possible that provision is made so that persons called upon to work on a weekly rest day receive compensatory rest, as such weekly rest is justified by the need to protect the health and well-being of workers (see paragraph 242 of the General Survey concerning working time instruments), the Committee once again requests the Government to provide information on any measures adopted or envisaged to ensurethat, as far as possible, compensatory rest is granted to the different categories of workers covered by sections 10 to 12 of Decree No. 73-085.

Night work

Article 3 of Convention No. 89. Prohibition of night work for women. The Committee welcomes the adoption of Decree No. 2021-1469 of 3 November 2021, on the work of pregnant women, which repeals General Order No. 5254 IGTLS/AOF of 19 July 1954, on the work of women and pregnant women, which prohibited women from working at night. The Committee notes that, in factories, plants, mines, pits and quarries, construction sites, particularly building and public works sites, and workshops, and their outbuildings, pregnant women cannot be employed to perform any night work. Recalling that the Convention will be open for denunciation from 27 February 2031 and 27 February 2032, the Committee draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all persons working at night (2018 General Survey on Working Time, paragraph 408).