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Social Security (Minimum Standards) Convention, 1952 (No. 102) - Senegal (RATIFICATION: 1962)

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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.

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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 19 (equality of treatment), 102 (minimum standards) and 121 (employment injury benefits) together.

Article 1(2) of Convention No. 19. Payment of compensation abroad. In its previous comments, the Committee requested the Government to bring its national legislation and practice into full compliance with the regime of automatic reciprocity in granting equality of treatment to foreign workers and their dependants in case of residence abroad. In its reply, the Government indicates that the regime of automatic reciprocity requires the conclusion of bilateral social security agreements and administrative arrangements. The Committee notes in this regard that such bilateral agreements have been concluded with Mali, Mauritania and France. The Committee requests the Government to indicate whether any bilateral social security agreements or administrative arrangements giving effect to Article 1(2) of the Convention have been concluded with other Members, which have ratified the Convention, and particularly with Burkina Faso, Cabo Verde, Ghana, Guinea-Bissau and Morocco.

Part VII (Family benefit). Article 44 of Convention No. 102. Total value of family benefits. The Committee requests the Government to provide statistical data on total value of family benefits.

Part XIII (Common provisions). Article 72. General responsibility of the Member for the proper administration of social security institutions and services. In its previous comments, the Committee requested the Government to indicate any measures taken or envisaged to curb contribution evasion and fraud in social security. The Committee takes note of various measures indicated by the Government, which aim at the reduction of the social security evasion rate in the Social Insurance Institute, which is still estimated at 50 per cent. The Committee requests the Government to continue providing information on the social security evasion rate and on the measures taken or considered to tackle the issue of social security evasion and fraud.

Article 4 of Convention No. 121. Persons protected. With respect to the persons protected by the employment injury system, the Government indicates that employees are covered when their employers are registered in the employment injury system and social insurance contributions are paid. The Committee requests the Government to indicate whether employment injury benefits are paid by the Social Security Fund to injured workers despite failure by their employers to register them or to pay contributions.

Article 13. Replacement rate of cash benefits in case of temporary incapacity for work. The Committee requests the Government to provide statistical data on the replacement rate of cash benefits in case of temporary incapacity for work in accordance with Titles I–V of the report form for the Convention.

Article 21. Adjustment of benefits. The Committee requests the Government to provide statistical data on adjustment of benefits in accordance with the report form for the Convention.

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The Committee notes that the Government’s report, received in September 2011, merely states that there has been no change either in the legislation or in the methods of monitoring its application by the competent authorities. The Committee also takes note of the information provided by the Government in its 2010 report submitted under article 19 of the Constitution of the International Labour Organization, as well as the observations made by the National Federation of Independent Trade Unions of Senegal (UNSAS) received in June 2010.

According to the report under article 19, the Government intends setting up a system of universal social protection to extend social coverage to all categories of persons at present excluded from social protection and has established a national social protection strategy to cover all citizens for this purpose. According to the Government, the issues of minimum income support and medical care for older persons are at present being examined; it also refers to the implementation of the SESAM plan to provide medical care for the elderly. The report specifies that ILO technical assistance is required to reform the social security system and draft the Social Security Code. Hoping that the Government will take the necessary steps to request ILO technical assistance, the Committee would be grateful if it could send a copy of the national social protection strategy drawn up by the Government as well as the plan to put in place a minimum old-age benefit for all Senegalese over 60 years of age.

In this context, the UNSAS points out that the social protection of workers made redundant on account of restructuring or the closing of enterprises is a major concern for the trade union organizations in Senegal but that, until now, no preliminary study has been carried out with a view to introducing unemployment benefit. The Government’s report under article 19 mentions, in this respect, the drafting of terms of reference for a feasibility study on introducing an unemployment benefit scheme. The Committee hopes that the Government will provide information, in its next report, on the progress made with respect to the feasibility study on introducing an unemployment benefit scheme.

According to the information provided by the Government in its report under article 19, the wage replacement rate for the old-age pension in the public sector is approximately 99 per cent, since pensions are based on officials’ contributions (12 per cent of the wage) and those of the State (23 per cent). In the private sector, however, the replacement rate is approximately 20 per cent, which does not provide for decent working conditions upon retirement. According to the Government, this low replacement rate is due to the inadequate resources of the Social Insurance Institute for Old-Age Pensions (IPRES), caused to a large extent by the scheme’s demographic imbalance (more retired persons than contributors), by considerable contribution evasion in social security and the low contributions themselves. The UNSAS adds that the existing system encourages contribution evasion and fraud, and that the absence of social security accounts at macroeconomic level means that any financial information is inaccessible. The Committee requests the Government to indicate whether any studies or actuarial calculations have been recently carried out concerning the financial balance of the general scheme in application of Article 71(3) of the Convention, and to point out any measures taken or envisaged to curb contribution evasion in social security, to combat job insecurity and preserve jobs so that the level of contributions does not continue to decline.

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in answer to its previous direct request, particularly that concerning the application of Article 49 of the Convention.

The Committee draws the Government’s attention to the fact that in 2006 it was due to send a detailed report containing the information and statistics required by the report form adopted by the ILO Governing Body on each Article of the Convention. The Committee therefore hopes that the Government will not fail to provide such a report for examination at the Committee’s next session, November-December 2007, and that it will contain in particular all the statistics needed to calculate the total amount of family benefits, in accordance with Article 44 of the Convention.

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The Committee notes the information supplied by the Government in answer to its previous direct request, particularly that concerning the application of Article 49 of the Convention.

[The Government is asked to report in detail in 2007.]

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Part VII (Family benefit), Article 44 of the Convention. In reply to the Committee’s previous comments concerning the statistics necessary to calculate the total value of family benefit, the Government provides various types of statistics, including data on the total amount of family benefit provided to the various beneficiaries during the year 2000, and the number of dependent children for this branch in the same year. The Committee notes this information with interest and observes that the total value of family benefit in Senegal should in theory attain the level prescribed by the Convention. In order to be able to confirm this conclusion, the Committee also requests the Government to indicate, for the same reference period, namely the year 2000, the level of the average national wage and the wage of an ordinary adult male labourer, defined in accordance with Article 66 of the Convention.

Part VIII (Maternity benefit), Article 49. In reply to the Committee’s previous comments, the Government indicates that, in the case of the pre-natal care provided in the context of the maternal and child protection granted by the Social Security Fund, beneficiaries have paid a cost share of CFA100 francs since the devaluation of the CFA franc in 1994, whereas previously this care was free of charge. In view of the fact that the Government has repeatedly undertaken to ensure that pre-natal and post-natal care is provided free of charge, as is already the case for confinement, the Committee once again hopes that the Government will take the necessary measures in the near future to ensure that effect is given to the Convention, which lays down that this care shall be provided free of charge, and that the next report will indicate the progress made in this respect.

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The Committee notes with regret that the Government's reports, supplied in May and November 1999, do not contain clear answers to its comments. It expresses the hope that, in its next report, the Government will supply full information on the following points.

Part VII (Family benefit), Article 44 of the Convention. Please provide the information required under this Article of the Convention in the report form approved by the Governing Body, indicating in particular: (i) the total value of the family benefits granted for the children of persons protected; (ii) the total number of children of all persons protected or of all residents; (iii) the wage of an ordinary adult male labourer defined in accordance with Article 66 of the Convention.

Part VIII (Maternity benefit), Article 49. In view of the Government's repeated promises to ensure that pre-natal and post-natal care are provided free of charge, as is already the case for confinement, the Committee once again expresses the hope that the Government will take the necessary measures in the near future to ensure the application of the Convention which lays down that this care shall be provided free of charge, and that the next report will indicate progress made in this respect.

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The Committee notes that the Government's report has not been received. It recalls that the Government's reports supplied in April and December 1997, contain no reply to its comments. It hopes that the next report will contain full information on the following points:

Part VIII (Maternity benefit), Article 49. In view of the Government's repeated promises to ensure that prenatal and postnatal care are provided free of charge, as is already the case for confinement, the Committee once again expresses the hope that the Government will take the necessary measures in the near future to ensure the application of the Convention which lays down that this care shall be provided free of charge, and that the next report will indicate progress made in this respect.

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The Committee notes that the Government's reports supplied in April and December 1997, contain no reply to its comments. It hopes that the next report will contain full information on the following points:

[The Government is asked to report in detail in 1998.]

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Part VII (Family benefit), Article 44 of the Convention. The Committee asks the Government to provide the information required under this Article of the Convention in the report form approved by the Governing Body. Please indicate in particular: (i) the total value of the family benefits granted for the children of persons protected; (ii) the total number of children of all persons protected or of all residents; (iii) the wage of an ordinary adult male labourer defined in accordance with Article 66 of the Convention.

Part VIII (Maternity benefit), Article 49. In reply to the Committee's previous comments the Government indicates once again that it will take the necessary steps to ensure that prenatal and postnatal care are provided free of charge, as is already the case for confinement. In these circumstances, the Committee can only express the hope that the Government will take the necessary measures in the near future to ensure the application of the Convention which lays down that this care shall be provided free of charge, and that the next report will indicate progress made in this respect.

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Part VIII (Maternity benefit), Article 49 of the Convention. The Committee notes the Government's reply to its previous comments; it has also examined the inter-ministerial orders transmitted with the report, namely Order No. 9174/MFPTE/DTESS and Order No. 9176/MFPTE/DTESS, of 31 July 1976, issuing respectively the list of supplies and services not financed by health insurance institutions, and the model statutes and internal rules of these institutions.

The Committee notes with interest that by virtue of the above statutes and rules, 100 per cent of the hospitalisation and surgical costs in the event of confinement are covered by health insurance institutions, within the limits of tariffs established by these rules, and that with regard to other pre-natal and post-natal care, the Government will take the appropriate measures to give effect to the Convention, which provides that this care shall be provided free of charge. The Committee hopes that the next report will indicate the progress achieved in this respect.