Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Senegal

Social Security (Minimum Standards) Convention, 1952 (No. 102) (Ratification: 1962)
Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) (Ratification: 1966)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 12 (agriculture), 19 (equality of treatment), 102 (social security, minimum standards) and 121 (employment injury benefits) together.

Part VII (Family benefit). Articles 44 and 66 of Convention No. 102. Calculation of family benefits. The Committee takes note of the information provided by the Government in its report that 10,088,336,050 West African francs were paid in family benefits in 2021. The Committee observes that the basic amount of family benefits is paid monthly at a level of 2,600 West African francs for each protected child, limited to six children per worker, and recalls that, in previous reports, the Government indicated that the calculation of benefits in relation to Article 66 of the Convention takes into account the Guaranteed Minimum Interprofessional Wage (Salaire Minimum Interprofessionnel Garantie – SMIG), which in 2023 was set at 370,526 West African francs per hour. The Committee notes in this regard that the total value of cash family benefits in Senegal should, in theory, reach the level prescribed by Article 44 of the Convention. The Committee requests the Government to confirm this by providing updated information on: (i) the number of protected children; (ii) the number of workers receiving family benefits; and (iii) the total value of family benefits paid annually.

Part XIII (Common provisions) of Convention No. 102. Article 72. General responsibility of the Member for the proper administration of social security institutions and services. The Committee notes the information provided by the Government that the ongoing reforms of the Labour Code and the Social Security Code are aimed to prevent and reduce evasion of contributions to the social security system, by strengthening the monitoring function of Labour Inspectors and authorized agents. While taking due note of this information, the Committee requests the Government to provide information on progress made in these reforms and, if possible, to what extent they have improved the collection of contributions and prevented evasion.

Articles 4 and 9(3) of Convention No. 121. Failure to notify occupational accidents/diseases. The Committee notes that, according to section 42 of the Social Security Code, if the employer fails to notify an accident or occupational disease, the worker concerned (or his or her survivors) may file a claim within two years of the event and the respective cash benefits will be paid after an investigation has been completed. The Committee also notes that sections 122 and 147 of the Social Security Code, respectively, provide for criminal and financial penalties to be applied to the employer in case of failure to notify occupational accidents and diseases. In view of this, the Committee requests the Government to provide statistical information on: (i) the number of claims filed in this regard; (ii) the average time elapsed between the start of the investigation and the actual payment of the respective benefits; and (iii) the penalties imposed on employers in concrete cases of failure to notify accidents and/or occupational diseases.

Articles 13, 19 and 20 of Convention No. 121. Schedule II. Replacement rate and calculation of cash benefits in case of temporary incapacity for work. The Committee notes that during the first twenty-eight days of temporary incapacity, cash benefits are paid at half of the daily insured wage and that from the twenty-ninth day onwards, benefits are paid at two-thirds of the daily insured wage until the end of the incapacity or the assessment of a permanent incapacity. The Committee wishes to recall that according to the Schedule II of the Convention, periodical payments in case of temporary or initial incapacity for work shall be set at a minimum replacement rate of 60 per cent of the total wage of the standard beneficiary for the entire duration of the contingency, in accordance with Articles 19 or 20 of the Convention, which in Senegal corresponds to the daily insured wage. In this regard, the Committee requests the Government to ensure that the calculation of cash benefits paid during the first twenty-eight days of temporary incapacity complies with the requirements provided by Articles 19 or 20 and Schedule II of the Convention. The Committee also requests the Government to provide statistical data concerning the replacement rate paid to workers who have received temporary incapacity benefits during the period under examination and the respective duration of such payments.

Article 21 of Convention No. 121. Adjustment of benefits. The Committee notes that pensions were last revised in 2019, in accordance with Interministerial Decree No. 2019-91 of 23 July 2019, reaching a total increase of 213,595,827 West African francs. The Committee recalls that according to Article 21 of the Convention, the rates of employment injury benefits shall be reviewed following substantial changes in the general level of earnings or the cost of living. The Committee deems it necessary to receive further statistical data, as required in the report form, to better assess the real impact of the adjustments of long-term employment injury cash benefits, considering changes in the general level of earnings and in the cost of living in the country. In view of this, the Committee requests the Government to provide information on the adjustment of basic and supplementary pensions by comparing it with the changes in the cost-of-living index as well as the index of earnings.