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Maternity Protection Convention, 2000 (No. 183) - Senegal (RATIFICATION: 2017)

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Article 4 (5) of the Convention. Duration of postnatal leave in case of early confinement. The Committee notes the information provided by the Government in its report that a worker cannot extend her postnatal leave in the event of premature childbirth because, according to section L.143 of the Labour Code, the maximum duration of maternity leave is fourteen (14) consecutive weeks, including eight (8) weeks after the date of birth, which cannot be extended unless the six (6) week period of prenatal leave has not been used in its entirety. The Committee also notes that, according to the Government, the current reform of the Labour Code envisages that when childbirth occurs before the expected date, the duration of postnatal leave should be extended by the same number of days. In this context, the Committee trusts that the amendments to the Labour Code will include the extension of postnatal leave in the case of early confinement, and requests the Government to provide information on progress made in the reform of the Labour Code in this regard.
Article 6(2) and (6). Adequate benefits out of social assistance funds. The Committee notes that, according to the Government, benefits in kind are provided, in practice, to all pregnant women through the Social Security Fund. The Committee wishes to recall that pursuant Article 6(6) of the Convention, women workers who do not qualify for cash benefits under social insurance schemes shall be entitled to adequate cash benefits out of social assistance funds, sufficient to maintain themselves and their children in proper conditions of health and with a suitable standard of living. In view of the above, the Committee requests the Government to provide information on: (i) the benefits provided in cash to women workers who do not qualify for social insurance maternity cash benefits; and (ii) how benefitsprovided out of social assistance in Senegal ensure that women can maintain themselves and their children in proper conditions of health and with a suitable standard of living, as required by Article 6(2) of the Convention.
Article 8(1). Protection of employment. The Committee notes with interest the amendments to the section L.142-bis of the Labour Code, introduced by Law No. 2022-03, adopted on 14 April 2022, which expressly prohibit the dismissal of women on grounds of pregnancy and during maternity leave. The Committee also notes that section L.56, paragraph 3, of the Labour Code establishes that, in the event of a dispute over the grounds of dismissal, the burden of proving the existence of a legitimate reason unrelated to pregnancy rests with the employer.
Article 9(1) and (2). Discrimination on the grounds of maternity. The Committee also notes with interest that, according to section L.142-bis of the Labour Code, the employer may not take a woman’s state of pregnancy into consideration in refusing to hire her, in terminating her employment contract, including during the trial period, or, subject to a temporary assignment justified by medical necessity, night work or exposure to particular risks, in deciding on a transfer of employment. In addition, the Committee notes that requesting or seeking any information about the pregnancy at the time of the recruitment is punishable with a fine 500,000 and 1,000,000 CFA francs and by imprisonment for three months to one year, or by one of these two penalties only. The Committee requests the Government to provide further information on the application of section L.142-bis in practice, indicating, for example, reports from the Labour Inspectorate on the number and nature of violations detected, and the penalties imposed in such cases, as well as court decisions in this regard, if any.

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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.
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