Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 183) sur la protection de la maternité, 2000 - Sénégal (Ratification: 2017)

The Committee notes the Government’s first report.

Article 4(5) of the Convention. Duration of maternity leave. In its report, the Government indicates that, in accordance with section L143 of the Labour Code, in the event of childbirth, every women has the right to suspend work for 14 consecutive weeks, of which eight weeks are after childbirth. The Committee requests the Government to indicate whether it is established in the national legislation that the duration of maternity leave shall be extended by any period elapsing between the presumed date of childbirth and the actual date of childbirth, without reduction in any compulsory portion of postnatal leave.

Article 6(6). Social assistance benefits. The Committee requests the Government to provide information on the benefits financed out of social assistance funds or through taxation, subject to the means test required for such benefits, in cases where a woman does not meet the conditions to qualify for cash benefits.

Article 8(1). Employment protection. The Government indicates that, in accordance with section L143 of the Labour Code, the prohibition to terminate the employment of women covers the whole period of suspension of work corresponding to maternity leave. The Government adds that in the event of unjustified dismissal as a result of pregnancy, the woman may lodge a complaint with the Labour and Social Security Inspectorate or refer the matter to the Labour Tribunal. Recalling that, under the terms of Article 8(1) of the Convention, it is prohibited for the employer to terminate the employment of a woman during a period following her return to work from maternity leave to be prescribed by national laws or regulations, except on grounds unrelated to the pregnancy or birth of the child and its consequences or nursing, the Committee requests the Government to indicate whether such a period is envisaged in national laws or regulations. The Committee also requests the Government to indicate whether the burden of proving that the reasons for dismissal are unrelated to pregnancy or childbirth and its consequences or nursing shall rest on the employer.

Article 9(1). Non-discrimination. The Committee notes the Government’s indication that any discrimination on grounds of gender, pregnancy or any other reason is totally prohibited by law in Senegal. The Committee notes in its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that, under the terms of the new Bill amending the Labour Code, the definition of discrimination also includes grounds such as pregnancy and family situation. The Committee requests the Government to provide information on the progress achieved in the legislative work in this respect. The Committee also requests the Government to provide information on the reparations and sanctions deemed appropriate in cases of discrimination in employment against women based on maternity, including access to employment.

Article 9(2). Pregnancy tests. The Government indicates that the pregnancy of a woman worker may not in any event be an obstacle to any application for a job, unless a duly established medical opinion by a qualified person indicates that her state of health is incompatible with the job. The Committee notes that, under the terms of section 38 of Decree No. 2006-1258 on occupational medicine services, each employed person is subject to a medical examination prior to recruitment or, at the latest, before the expiry of the trial period following recruitment. The Committee requests the Government to specify whether, during the medical examination, women who are applying for a job are required to submit to a test for pregnancy and, if so, whether such a test is required by national laws or regulations.