Senegal has a new Labor Code. Law No. 2026-18 of September 3, 2026, published in the Official Journal No. 7931 of September 17, 2026, repeals Law No. 97-17 of December 1, 1997. It applies automatically to existing contracts, with no transition period. The main changes concern the duration of fixed-term contracts, telework, harassment prevention, employee monitoring, maternity leave, and occupational risk assessment.
These new rules cannot be used to justify the termination of a current contract. The employee retains the benefits provided for in their contract when they are more favorable than those set forth in the Labor Code (Article 459).
| Topic | 1997 Code | Law No. 2026-18 | Articles |
|---|---|---|---|
| Fixed-term contract | Maximum of 2 years per contract, one renewal only | Maximum of 2 years per contract, one renewal or one extension, maximum of 4 years total with the same employer | 100 to 103 |
| Telework | No legal framework | Prior consultation, written agreement, equal treatment with on-site employees | 268–273 |
| Harassment and Violence | No specific measures | Prohibition, prevention requirements, witness protection, criminal penalties | Sections 17–21, 453, and 454 |
| Maternity Leave | 14 weeks | 18 weeks, including 12 weeks after childbirth | 277 |
| Minimum Age for Employment | 15 years old | 16 years | 281 |
| Individual Disputes | Mandatory preliminary conciliation | Optional conciliation, direct access to the labor court | 379 and 404 |
A fixed-term contract may not exceed two years and may be renewed or extended only once (Article 100). The total duration of fixed-term contracts between the same employee and the same employer is capped at four years. Beyond that, the employment relationship automatically becomes a permanent contract (Article 101).
Renewal and extension are governed by different rules. Renewal creates a new fixed-term contract, which must be documented in writing (Article 103). An extension requires an amendment to the contract and must be based on an objective reason: an extended replacement for an employee, a temporary increase in workload, or a delay due to an unforeseen event. It cannot last longer than the original contract (Article 102). In both cases, the employer must file the document with the labor inspectorate before the contract takes effect.
Several categories are exempt from reclassification as permanent contracts: casual and seasonal workers, dockworkers, employees hired to handle a temporary increase in workload or to replace an absent employee, and sectors where the practice excludes permanent contracts, the list of which will be established by administrative order. Companies exempted in special economic zones and those approved under the Investment Code may enter into multiple fixed-term contracts with the same employee for a period of five years from the date of their approval (Article 101).
A temporary worker is paid at the end of their assignment, which may not exceed six consecutive business days (Article 199). Also note: following a layoff for economic reasons, the employer may not fill the eliminated position with a fixed-term contract for six months, except for a non-renewable contract of no more than three months (Article 98).
Telework now has a legal framework (Articles 268 through 273).
Before implementing it for the first time, the employer must consult with employee representatives and the occupational safety and health committee regarding its organization, its effects on health and safety, and the eligible positions.
For each employee, telework is based on a written agreement, either in the employment contract or in an amendment thereto. In the event of an epidemic, pandemic, or force majeure, the employer may require telework without prior agreement or consultation to ensure business continuity. The employer must then notify the employee in writing.
A teleworker has the same working hours, the same rights, and the same compensation as a comparable employee working on-site. An accident that occurs at the teleworker’s telework location while performing work duties is presumed to be a work-related accident (Article 272).
A decree is still needed to clarify several points, including the coverage of business expenses and the protections related to the right to disconnect (Article 273).
All forms of violence and harassment in the workplace are prohibited (Article 17).
This protection covers employees, interns, apprentices, trainees, and job seekers, both at and outside the workplace, provided that the events are related to the employment relationship (Article 18).
The employer must take reasonable measures to prevent such conduct and put a stop to it as soon as it becomes aware of it (Section 19).
An employer may not take disciplinary action against a person who refuses to engage in such conduct, reports it, or testifies about it (Article 20).
Harassment or psychological abuse is punishable by a fine of 200,000 to 5 million CFA francs and imprisonment for one month to one year, or by either of these two penalties.
The same penalties apply to anyone who punishes a victim or a witness (Section 454).
Physical or sexual harassment and violence are covered by the Penal Code (Article 453).
Example. At a construction site in Diamniadio, a foreman regularly humiliates a young worker in front of his coworkers. A coworker reports the incident to management. The company must put an end to the situation immediately. It may not transfer or discipline the person who reported the incident for this reason.
In practice, the company needs a clear reporting procedure, up-to-date internal policies, and trained supervisors.
The Code also establishes a National Observatory on Discrimination, Violence, and Harassment in the Workplace (Article 58).
The Code regulates tools used to monitor employees: video surveillance, geolocation, ID badges, biometric devices, and access to documents, files, and mail. These tools may restrict employees’ rights only if justified by the task at hand and to an extent proportionate to the intended purpose (Article 24). Their implementation must also comply with the law on the protection of personal data.
Example. A petroleum products transport company equips its tanker trucks with GPS to track deliveries and ensure driver safety: this is justified. Tracking a driver’s personal cell phone over the weekend is not.
Maternity leave is extended from 14 to 18 weeks, including 12 weeks after childbirth (Article 277). It may be extended by three weeks in the event of illness related to pregnancy or childbirth, complications during childbirth, a multiple pregnancy, or for the health of the child. During this leave, any termination of employment is null and void.
Upon her return to work, and for a period of 20 months, the mother is entitled to one hour of rest per day per infant for breastfeeding. This time is paid as working time (Article 280). During this period, the employer may not terminate her employment for any reason related to pregnancy, childbirth, or breastfeeding. Absences for mandatory prenatal medical examinations are also paid (Article 276).
An employer may not use pregnancy as a basis for refusing to hire an employee, terminating an employment contract—even during the probationary period—or transferring an employee. A temporary reassignment is permitted for medical reasons, night work, or exposure to specific risks (Article 275).
The Code recognizes every worker’s right to a safe and healthy workplace (Article 16). The employer assesses the risks associated with working conditions, organizational structure, production processes, equipment, chemical substances, and workstation design (Article 327). Depending on the size of the workforce or the nature of the risks, the employer must establish an occupational health and safety program or action plan and then implement it (Article 328).
The Code establishes a Higher Council for the Prevention of Occupational Risks, responsible for coordinating the national occupational safety and health policy (Article 56). The occupational safety and health committee is consulted, among other things, prior to the initial implementation of telework.
For industrial sites, construction sites, logistics operations, and mines, risk assessment thus falls within the scope of compliance, just like payroll and contracts.
The minimum age for employment is raised from 15 to 16, including for apprentices and interns. By administrative order, children between the ages of 13 and 15 may be authorized to perform light work (Article 281).
Conciliation before the labor inspectorate becomes optional. Both the employee and the employer may file a claim directly with the labor court (Articles 379 and 404).
If conciliation fails, the parties may resort to arbitration or mediation (Articles 440 and 446).
The Code establishes a national tripartite body with equal representation to promote social dialogue and allows for the creation of social dialogue committees within industries and companies.
👉 Yes. It applies automatically to existing contracts, without requiring justification for their termination. More favorable contractual terms are maintained (Article 459).
👉 A fixed-term contract for a maximum of two years, renewable or extendable only once, up to a total of four years with the same employer. Beyond that, the contract becomes a permanent contract (Articles 100 and 101).
👉 Generally speaking, no: a written agreement with the employee is required. In the event of an epidemic, a pandemic, or force majeure, the employer may require it to ensure business continuity (Article 269).
18 weeks, including 12 weeks after childbirth, with a possible extension of three weeks in certain cases (Section 277).
👉 A fine of 200,000 to 5 million CFA francs and imprisonment for one month to one year, or either of these two penalties (Article 454).
This new Code modernizes Senegalese labor law. Several implementing decrees are still pending, particularly regarding telework, occupational health and safety, and the operation of the new bodies. Companies would be wise to bring their contracts and practices into compliance immediately and then monitor the publication of these texts.
👉 Novallia assists companies in Senegal and West Africa with regulatory monitoring, compliance assessments, and updating their HSE and HR practices.
Contact our manager in Dakar, Mohamed Seydi; our experts are ready to conduct a compliance assessment under the new Labor Code.
Source:
Law No. 2026-18 of September 3, 2026, establishing the Labor Code, Official Journal of the Republic of Senegal No. 7931 of September 17, 2026.
