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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Independent Trade Unions of Senegal (UNSAS) and the National Confederation of Workers of Senegal (CNTS), received in August 2022, which address matters of planning and evaluation of sectoral agreements and emphasize the need to improve the protection of workers who are victims of anti-union discrimination, respectively. The Committee requests the Government to provide its comments in this regard. The Committee also notes the Government’s reply to the observations of the International Trade Union Confederation (ITUC), regarding the situation of workers affiliated with the Autonomous Union of Security Agents and Guards (SAGAS) who were allegedly dismissed after protesting outside a bank headquarters for which they were providing security. The Committee notes the Government's indication that: (i) the workers’ protests were prompted by the non-payment of their wages; and (ii) the workers were dismissed due to financial difficulties experienced by the security firm employing them, following the termination of its commercial contract with the bank concerned, and not on account of their trade union activity. Noting that the information brought to its attention does not allow for a definitive answer to the ITUC's allegations, the Committee recalls the requirement under the Convention to guarantee workers adequate protection against acts of anti-union discrimination and requests the Government to ensure that Article 1 of the Convention is fully implemented in the above-mentioned sector. Further noting the Government's indication that a collective agreement for the private security sector was concluded in 2019, the Committee requests the Government to specify whether this agreement includes the security sector, or whether this sector is covered by a specific agreement, as the Government seemed to indicate in its previous report.

Article 4 of the Convention.Promotion of collective bargaining. In addition to the matters relating to the sectors mentioned above, the Committee notes that, according to the Government, bargaining within the joint committees has resulted in the signing of collective agreements for the press (2018) and the oil and gas (2019) sectors, and that the national inter-occupational collective agreement has been updated (2019). The Committee requests the Government to specify whether the bargaining process in the bakery sector referred to previously has also led to an agreement.Finally, the Committee requests the Government to continue providing information on the number of collective agreements concluded and in force in the country, as well as on the sectors concerned and the number of workers covered by these agreements.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the Government’s comments in reply to the observations of the International Trade Union Confederation (ITUC) received on 1 September 2015 and 1 September 2018, which address difficulties relating to the development of collective bargaining, and acts of anti-union discrimination in several activity sectors (mail and telephony, health, security and transport) respectively. With regard in particular to the allegations concerning some 30 workers affiliated with the Autonomous Union of Security Agents and Guards (SAGAS) who were dismissed after protesting outside a bank headquarters, the Committee notes that the Government refers only to the necessary intervention of the law enforcement agents to restore public order, without, however, addressing the matter of these workers’ dismissal. Recalling that no worker should be subject to dismissal by reason of union membership for carrying out lawful trade union activities, the Committee requests the Government to provide information on the situation of the workers concerned.

Article 4 of the Convention. Promotion and use of collective bargaining. In its previous comments, the Committee encouraged the Government to promote collective bargaining in all sectors of activity. The Committee notes the Government’s indication that the annex to the agreement on the merchant navy applicable to the port sector (2015) and the new collective agreement on private education (2017) can be counted along with the previously mentioned collective agreements in the banking sector (2012) and the cleaning sector (2014). The Committee also notes the progress made in bargaining processes in the joint committees for the caretaking, private security, press, and oil and gas industry sectors, and notes that other bargaining processes have been initiated (for the bakery sector, and updating of the national inter-occupational collective agreement). The Committee requests the Government to continue to provide information on the number of collective agreements signed and in force in the country, as well as the sectors concerned and the number of workers covered by these agreements.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the International Trade Union Confederation (ITUC) concerning difficulties relating to the development of collective bargaining (absence of criteria for determining trade union representativeness; excessive power of the authorities to extend, amend or cancel a collective agreement (sections L.85 and L.88 of the Labour Code); absence of mechanisms to promote collective bargaining, etc.). The Committee requests the Government to send its comments on this matter and in particular to provide examples of recourse to section L.85 of the Labour Code for establishing a joint committee with a view to concluding a collective labour agreement, or for determining the representative character of a trade union or occupational grouping.

Article 4 of the Convention. Promotion and use of collective bargaining. In its previous comments, the Committee encouraged the Government to promote collective bargaining in all sectors of activity. The Committee notes that the Government refers in its report to the signature of collective agreements in the banking sector (2012) and the cleaning sector (2014), and also to bargaining in progress in the joint committees for the caretaking, private security and press sectors. The Committee requests the Government to continue providing information on the steps taken to promote collective bargaining in all sectors of activity and, as far as possible, to supply statistics on the number of collective agreements signed, specifying the sectors and the number of workers covered.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Right to collective bargaining in practice. The Committee notes the Government’s indication, in reply to its previous comments, concerning the absence of any collective agreements signed in 2011 or 2012. However, having referred in its previous report to collective agreements mainly signed in the public sector, the Government explains that a new collective agreement for the banking sector is due to be signed, the joint committee responsible for the revision thereof having finished its work, and that the joint committee responsible for discussing the new collective agreement in the air transport sector is continuing the work which it began in October 2011. The Committee requests the Government to take steps to promote collective bargaining in all sectors of activity and to continue to provide information on the number of collective agreements signed and the number of workers covered.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observations received from a trade union. The Committee notes the communication dated 4 August 2011 from the International Trade Union Confederation (ITUC) denouncing anti-union discrimination and dismissals in the rail and telecommunication sectors and the chemicals industry and also acts of interference by the authorities in the rural sector. The Committee recalls that in August 2008 the ITUC reported the blocking of bargaining by the authorities in certain sectors, including education, and unilateral changes in the provisions of the National Charter on Social Dialogue of 2002. Moreover, in a communication dated August 2010, the ITUC reported acts of discrimination against union officials and anti-union dismissals in the rail transport sector. The Committee notes the Government’s reply stating that it is for the ITUC to provide evidence that the alleged dismissals are on grounds of union membership and indicating that trade union leaders cannot be dismissed without the prior approval of the labour inspectorate and that the decision of the administration may ultimately be challenged in the Supreme Court. Given the number of cases of discrimination, anti-union dismissals and sectors concerned alleged by the ITUC and considering that the Government did not provide any administrative or judicial decision concerning the alleged dismissals of trade unionists, the Committee wishes to recall that a fundamental principle of freedom of association is that trade union leaders and trade unionists in general should enjoy adequate protection against acts of discrimination undermining freedom of association in employment – dismissal, transfer, downgrading and other acts that are prejudicial to the worker. The Committee trusts that the Government will do its utmost to ensure full compliance with this principle.

Scope of application of the Convention. The Committee notes the Government’s indications that autonomous or independent workers, especially in the informal economy and agriculture, enjoy – under the terms of sections L6 to L29 of the Labour Code, which apply to all workers and employers in the private sector – the trade union rights guaranteed by the Convention.

Right to collective bargaining in practice. The Committee notes the Government’s indications concerning the various collective agreements signed in several sectors of activity between 2008 and 2011. The Committee requests the Government to continue to supply information on the collective agreements which have been concluded, the sectors concerned and the number of workers covered.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous direct request, which read as follows:

1. In its previous direct request, the Committee asked the Government to indicate whether self-employed or independent workers, particularly in the informal and agricultural sectors, who are excluded from the scope of application of the Labour Code, enjoy the trade union rights afforded by the Convention and, if so, to specify the legal basis. The Committee notes the Government’s indication in its report that self-employed and independent workers enjoy the trade union rights guaranteed by the Constitution. The Committee requests the Government to specify the legal provisions which afford protection to self-employed and independent workers against acts of interference and anti-union discrimination and which guarantee the right to collective bargaining of their representatives. The Committee also requests the Government to provide copies, if any, of collective agreements concluded by representative organizations of self-employed or independent workers.

2. The Committee previously requested the Government to reply to the observations made by the Free Workers Union of Senegal (UTLS), which indicated that it had been excluded from consultations between the State and trade union organizations, thereby preventing it from participating in bipartite or tripartite collective negotiations. The Committee had noted the Government’s request to the UTLS to specify its allegations and its indication that bipartite and tripartite consultations are open to all the trade union organizations concerned. The Committee noted the communication dated 29 August 2008 of the International Trade Union Confederation (ITUC), reporting the blocking of bargaining in certain sectors by the authorities, including the education sector, and unilateral changes in the provisions of the National Charter on Social Dialogue of 2002. The Committee trusts that the Government will spare no effort to encourage and promote the broadest possible development and utilization of collective bargaining, as required by the Convention, and it requests the Government to provide its replies to the ITUC’s observations.

3. Right of collective bargaining in practice. The Committee previously requested the Government to provide general information on the application of the Convention. It noted the indication that collective agreements have recently been signed in several sectors, including the inter-occupational accord of 2005 on retirement at 60 years of age, the accord of 2006 on the annexes containing job classifications in the building and public works sector and the accord of 2007 on retirement in the banking and insurance sector. The Committee requests the Government to indicate all collective agreements which have been concluded and the sectors and number of workers covered.

Finally, the Committee requests the Government to send its observations on the comments submitted in 2010 by the ITUC.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

1. In its previous direct request, the Committee asked the Government to indicate whether self-employed or independent workers, particularly in the informal and agricultural sectors, who are excluded from the scope of application of the Labour Code, enjoy the trade union rights afforded by the Convention and, if so, to specify the legal basis. The Committee notes the Government’s indication in its report that self-employed and independent workers enjoy the trade union rights guaranteed by the Constitution. The Committee requests the Government to specify the legal provisions which afford protection to self-employed and independent workers against acts of interference and anti-union discrimination and which guarantee the right to collective bargaining of their representatives. The Committee also requests the Government to provide copies, if any, of collective agreements concluded by representative organizations of self-employed or independent workers.

2. The Committee previously requested the Government to reply to the observations made by the Free Workers Union of Senegal (UTLS), which indicated that it had been excluded from consultations between the State and trade union organizations, thereby preventing it from participating in bipartite or tripartite collective negotiations. The Committee notes the Government’s request to the UTLS to specify its allegations and its indication that bipartite and tripartite consultations are open to all the trade union organizations concerned. The Committee notes the communication dated 29 August 2008 of the International Trade Union Confederation (ITUC), reporting the blocking of bargaining in certain sectors by the authorities, including the education sector, and unilateral changes in the provisions of the National Charter on Social Dialogue of 2002. The Committee trusts that the Government will spare no effort to encourage and promote the broadest possible development and utilization of collective bargaining, as required by the Convention, and it requests the Government to provide its replies to the ITUC’s observations.

3. Right of collective bargaining in practice. The Committee previously requested the Government to provide general information on the application of the Convention. It notes the indication that collective agreements have recently been signed in several sectors, including the inter-occupational accord of 2005 on retirement at 60 years of age, the accord of 2006 on the annexes containing job classifications in the building and public works sector and the accord of 2007 on retirement in the banking and insurance sector. The Committee requests the Government to indicate all collective agreements which have been concluded and the sectors and number of workers covered.

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

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and its response to the observations of 31 August 2005 and 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU) referring to matters of law and practice concerning the Convention. The Committee addresses these issues in its observation on Convention No. 87.

 

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report. It notes the Government’s statement concerning the signature on 22 November 2002 by the Government and almost all employers’ and workers’ federations of the National Charter on Social Dialogue, aimed at strengthening social dialogue by focusing on actions to prevent labour disputes through more regular consultations between the State and the social partners. The Committee also notes that the Government states that it will send its observations regarding the comments on the application of the Convention submitted by the International Confederation of Free Trade Unions (ICFTU) on 23 September 2003. The Committee will consider these comments in the context of its examination of the implementation of Convention No. 87.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the comments on the application of the Convention submitted by the International Confederation of Free Trade Unions (ICFTU) on 23 September 2003 and requests the Government to send its observations thereon.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes that section 29 of the Labour Code protects workers against any act of anti-union discrimination in accordance with Article 1 of the Convention. Furthermore, any infringement by the employer opens liability for the payment of damages and interest.

The Committee requests the Government to indicate in its next report if penal sanctions are also applicable in the event of violations of section 29 of the Labour Code.