Senegal Labour Code 2026: what changes for employers

The Senegal Labour Code 2026 is Law No. 2026-18 of 3 September 2026, published in the Official Journal (Journal officiel) No. 7931 of 17 September 2026 and in force since 18 September 2026. It repeals Law No. 97-17 of 1 December 1997 (art. 462) and applies automatically to employment contracts already in progress (art. 459). This guide goes through what changes, article by article, for employers and employees alike. Updated 2 November 2026.

In brief

• 462 articles in 15 titles, passed by the National Assembly on 18 August 2026.
• Probation and fixed-term contracts: written form and filing with the labour inspectorate before work starts, otherwise the contract is open-ended.
• Fixed-term contracts (CDD): 2 years at most, a single renewal or extension, 4 years in total with the same employer.
• Statutory working time unchanged: 40 hours a week.
• Payslips may be paper or electronic.
• New topics: remote work, workplace monitoring, termination by mutual agreement, 18-week maternity leave.

What the Senegal Labour Code 2026 changes compared with 1997

The 1997 text (consolidated version) set against the Senegal Labour Code 2026:

Unchanged in substance: 2 working days of paid leave per month of service, the end-of-contract allowance of 7% of gross pay on a CDD (art. 167), and the 5-year limitation period for wage claims (art. 212).

Contracts under the Senegal Labour Code 2026: probation, CDD, mutual termination

Probation (art. 93 to 96)

Probation must be in writing; otherwise the contract counts as open-ended (CDI). It is filed with the labour and social security inspectorate before day one and lasts 6 months at most, renewal and extension included. An employee who keeps working after probation without a new contract is on a CDI (art. 95).

Fixed-term contracts (art. 97 to 103)

A CDD cannot be used to fill, on a lasting basis, a job linked to the company’s normal and permanent activity; otherwise it becomes a CDI (art. 97). It is written and filed before work starts (art. 99). Length: 2 years at most, a single renewal or extension, 4 years in total with the same employer (art. 100). Beyond that, a CDI applies automatically, except in the cases of art. 101 (casual and seasonal workers, replacements, peaks in activity, customary sectors, special economic zones).

Termination by mutual agreement (art. 127 to 129)

The Senegal Labour Code 2026 now regulates mutual termination: a written agreement (identity, length of service, job, payments, effective date), the employee may be assisted, a payment at least equal to severance pay for a CDI, and filing in 4 copies with the inspectorate.

Working time and overtime

Statutory working time remains 40 hours a week (art. 241), and 2,304 hours a year on farms. Hours beyond that are overtime and paid at a premium (art. 244). Premium rates, the ceiling for urgent work and the annual overtime quota are set by the collective agreement, a site agreement or, failing that, by decree: the Senegal Labour Code 2026 itself sets no rate. Implementing rules adopted under the old law remain in force unless they conflict with it (art. 461).

Other rules: individual working hours (art. 242), part-time work under a written contract (art. 243), night work between 10 pm and 5 am (art. 245), weekly rest of at least 24 consecutive hours (art. 246).

Pay, minimum wage and electronic payslips

The guaranteed minimum wage (SMIG) is still set by decree (art. 195); the current amount is covered in our guide to the minimum wage in Senegal in 2026. Monthly salaries are paid no later than 8 days after the end of the month (art. 199).

Payslips may be electronic if availability, integrity, confidentiality and data protection are guaranteed (art. 202). Each item is broken down with its cause and calculation (art. 203); a ministerial order is due to specify the mandatory entries. Without a signed payslip, receipt, cashed cheque or bank or e-money certificate, non-payment is irrebuttably presumed (art. 205). Details are in our article on the payslip in Senegal.

Paid leave and maternity leave

Entitlement to leave opens after 12 months of actual service, with 6 working days to be taken every year if leave is carried over (art. 248). Employees earn 2 working days per month (art. 249). Leave for family events is not deducted, up to 10 working days a year (art. 251). Holiday pay equals 1/12 of the sums received (art. 254). Maternity leave rises to 18 weeks (art. 277). The full calculation is in our guide to leave management in Senegal.

Dismissal, notice and severance

Dismissal on personal grounds requires a real and serious cause (art. 148). It is notified in writing, by registered letter or hand delivery against receipt, stating the reasons, the effective date and the notice period (art. 149). Every disciplinary sanction must be preceded by a written request for explanation or a preliminary interview (art. 236). Misconduct cannot be sanctioned more than 2 months after the employer learned of it (art. 235).

The notice period is set by the collective agreement or, failing that, by decree (art. 144). An employee serving notice gets 2 paid working days off per week (art. 145). Dismissal during leave doubles the payment in lieu of notice (art. 147). Severance pay, due after 12 months of service except for gross misconduct, is calculated under the collective agreement (art. 151): see our guide to severance pay in Senegal. Redundancy follows its own procedure with staff delegates and the inspector (art. 152 onwards).

Remote work and employee monitoring

The Senegal Labour Code 2026 devotes a chapter to remote work. Before introducing it for the first time, the employer consults staff delegates and the occupational health and safety committee (art. 268). Individually, remote work rests on a written agreement, in the contract or an amendment (art. 269), except in exceptional circumstances (epidemic, force majeure), where the employer may impose it with written notice. Remote workers have the same working time and the same rights (art. 270 and 271). A decree is to set rules on expenses and the right to disconnect (art. 273).

CCTV, geolocation, badges, biometrics or access to emails may restrict employees’ rights only where the task justifies it and in proportion to the aim (art. 24). Law No. 2008-12 on personal data also applies.

Entry into force and existing contracts (art. 459 to 462)

The Senegal Labour Code 2026 came into force on 18 September 2026, the day after publication, under article 10 of Law No. 2021-21 on the applicability of laws. There is no transition period:

• art. 459: the Code applies automatically to existing contracts, cannot justify ending them, and employees keep more favourable contractual terms;
• art. 460: earlier collective agreements remain applicable insofar as they do not conflict with the Code;
• art. 461: decrees and orders made under the old law remain in force unless they conflict with it;
• art. 462: Law No. 97-17 of 1 December 1997 is repealed.

The full text is available in the Official Journal No. 7931 of 17 September 2026.

Senegal Labour Code 2026: the employer checklist

1. List current fixed-term contracts: length, renewals, 4-year total.
2. File every probation contract and every CDD with the inspectorate before the first working day.
3. Update templates for contracts, amendments, mutual termination and dismissal.
4. Formalise the disciplinary procedure and its deadlines.
5. Review the payslip and its electronic archiving.
6. Keep proof of every payment (bank or e-money certificate).
7. Apply 18 weeks of maternity leave.
8. Consult delegates and the health and safety committee before any remote work; check that monitoring tools are proportionate.
9. Reread the collective agreement and internal rules to remove clauses that conflict with the Code.
10. Keep hiring and leaving declarations and the staff register up to date (art. 363 to 365).

To put these checks in place, read our guide to choosing HR software in Senegal and, for hiring, recruitment software in Senegal.

Frequently asked questions about the Senegal Labour Code 2026

When did the Senegal Labour Code 2026 come into force?

On 18 September 2026, the day after its publication in Official Journal No. 7931 of 17 September 2026.

Does the Senegal Labour Code 2026 apply to contracts signed earlier?

Yes. It applies automatically to existing contracts, cannot be used to end them, and more favourable contractual terms are kept (art. 459).

What is the maximum length of a fixed-term contract under the Senegal Labour Code 2026?

2 years, with a single renewal or extension, and 4 years in total with the same employer (art. 100), subject to the exceptions in art. 101.

What is the statutory working week in Senegal?

40 hours a week, and 2,304 hours a year on farms (art. 241).

How is overtime paid?

At a premium set by the collective agreement, a site agreement or, failing that, a decree (art. 244). The Code itself sets no rate.

Are electronic payslips allowed?

Yes, if they guarantee availability, integrity, confidentiality and personal data protection (art. 202).

How long is maternity leave?

18 consecutive weeks, 12 of them after birth, extendable by 3 weeks in the cases provided for (art. 277).

Do current collective agreements still apply?

Yes, insofar as they do not conflict with the Senegal Labour Code 2026 (art. 460).

Key takeaways

The Senegal Labour Code 2026 keeps the 40-hour week and 2 days of leave per month, but formalises much more: filing of probation and fixed-term contracts, a 4-year cap, mutual termination, electronic payslips, remote work. It already applies to every contract. To apply these rules in payroll and contract tracking, see our HR and payroll software compliant with the Senegal Labour Code 2026.