Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Senegal (Ratification: 1961)

1. The Committee notes the Government’s report received in 2006. In its previous direct request, the Committee noted the comments of the International Confederation of Free Trade Unions (ICFTU) alleging that workers in the agricultural and informal sectors are not covered by the Labour Code, including in respect of their trade union rights. The Committee notes that, according to the Government, the Labour Code also applies to these categories of workers by virtue of sections L.2 and L.3. In this regard, the Committee notes that under section L.2 of the Code “any person who has undertaken to place his or her occupational activity, in exchange for remuneration, under the direction and authority of another individual or entity, whether public or private, shall be considered as a worker within the meaning of this law, irrespective of sex or nationality. Neither the legal status of the employer nor that of the employee shall be taken into account for the purposes of determining the status of worker”. The Committee asks the Government to indicate whether self-employed or independent workers, particularly in the informal and agricultural sectors, enjoy the trade union rights provided for by the Convention and, if so, to specify the legal basis.

2. The Committee notes that, in a recent communication, the Free Workers Union of Senegal (UTLS) states that it has been excluded from consultations between the State and the trade union organizations, which prevents it from participating in bipartite or tripartite collective negotiations. The Committee asks the Government to provide its observations in response to the comments by the UTLS.

3. The Committee asks the Government to provide general information on the application of the Convention and to indicate whether any collective agreements have been concluded and the sectors and number of workers covered, and to supply copies of these agreements.