The new Labor Code of Senegal, law n°2026-18, was adopted by the National Assembly on August 18, 2026, and promulgated by President Bassirou Diomaye Diakhar Faye on September 3, 2026. It was officially published in the Journal officiel de la République du Sénégal on September 17, 2026. This new legislation replaces the 1997 law and aims to redefine the legal framework for labor relations between employers and workers.
The new Labor Code consists of 15 titles and 462 articles, providing a comprehensive overhaul of the previous law. It addresses various aspects of labor relations, including workers' rights, employment contracts, and occupational health and safety. The code's entry into force does not provide for a general deferred application period, and its provisions are immediately applicable to existing employment contracts.
One of the significant changes introduced by the new code is the strengthening of workers' fundamental rights. It recognizes the right to a safe and healthy work environment, prohibits all forms of violence and harassment at work, and enhances protection against discrimination. The code also provides for the nullity of discriminatory acts and opens up avenues for workers to seek redress before the labor tribunal.
The new code also addresses emerging issues such as telework, new forms of employment, and subcontracting. Teleworkers are entitled to the same rights, benefits, and remuneration as comparable workers employed on-site. The code also regulates the use of surveillance measures, ensuring that they respect individual rights, privacy, and data protection rules.
The code introduces additional protections for women and workers, particularly pregnant women. Employers are prohibited from considering pregnancy as a factor in hiring, terminating contracts, or assigning tasks. The code also provides for paid leave for medical examinations during pregnancy and extends the maternity leave to 18 consecutive weeks.
Furthermore, the code enhances regulations on subcontracting, requiring main enterprises to obtain a social regularity attestation from their subcontractors. In cases of subcontractor default, the main enterprise may be held liable for unpaid wages, social contributions, and certain health and safety obligations.
The new Labor Code marks a significant step forward in Senegal's labor legislation, aiming to promote fair labor practices, protect workers' rights, and adapt to changing work environments. Its implementation will require cooperation among stakeholders, including employers, workers, and government agencies.
Key points
- The new Labor Code of Senegal has entered into force, replacing the 1997 law and providing enhanced protections for workers.
- The code strengthens workers' fundamental rights, including the right to a safe work environment and protection against discrimination.
- The code regulates emerging issues such as telework, subcontracting, and employment contracts, promoting fair labor practices and adapting to changing work environments.
