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Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Senegal (Ratification: 1966)

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

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.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

With reference to its 2002 observation relating to statistical data on the adjustment of employment injury benefit, the Committee notes that the Government confines itself in its report to stating that there has been no change in the legislation on the various benefits provided in the event of employment injury. It draws the Government’s attention to the fact that in 2006 it was due to submit a detailed report containing statistical data on the coverage and level of benefits, and on the adjustment of long-term benefits, as requested in the report form under Articles 4, 19 or 20, and 21 of the Convention. The Committee therefore hopes that the Government will not fail to provide such statistical data for the reference period covered by the report (2001–05) for examination at its next session in November–December 2008.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

With reference to its 2002 observation relating to statistical data on the adjustment of employment injury benefit, the Committee notes that the Government confines itself in its report to stating that there has been no change in the legislation on the various benefits provided in the event of employment injury. It draws the Government’s attention to the fact that in 2006 it was due to submit a detailed report containing statistical data on the coverage and level of benefits, and on the adjustment of long-term benefits, as requested in the report form under Articles 4, 19 or 20, and 21 of the Convention. The Committee therefore hopes that the Government will not fail to provide such statistical data for the reference period covered by the report (2001-05) for examination at its next session in November-December 2007.

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

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. Article 21 of the Convention (adjustment of long-term benefits). In reply to the Committee’s previous comments concerning the adjustment of periodical payments, the Government attaches to its report a table on the wage trends serving as a basis for the calculation of periodical payments for employment injury from 1973 to 2001, which indicates the threshold and ceiling wage levels set by inter-ministerial order each year. The Committee also notes from the Government’s report on Convention No. 102 that, since 1999, following a general increase in wages, periodical payments have been increased by 6 per cent. In order to be able to assess this adjustment fully, the Committee hopes that the Government’s next report will contain, in addition to the updated table in question, statistical data for the whole period since 1999 on trends in the cost of living index and the general increase in wages in the country, as well as trends in benefit levels (average benefit per beneficiary and benefit for a standard beneficiary), as requested under Article 21 of the Convention in the report form adopted by the Governing Body.

2. With reference to its previous comments, the Committee regrets to note that, despite the promise made by the Government in its report in 1999, neither the previous report nor the present report contain statistical data on the scope and level of benefits, as requested in the report form under Articles 4 and 19 or 20 of the Convention. The Committee trusts that the Government will make every effort to provide this information in its next report.

[The Government is asked to report in detail in 2004.]

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1. Article 21 of the Convention (adjustment of long-term benefits). In reply to the Committee’s previous comments, the Government indicates that the adjustment of periodical payments is based on the three following criteria: the cost of living, the general increase in wages and the financial situation of the employment injury branch. In this way, following the general increase in wages which occurred during the course of 1999, employment injury benefits were readjusted as of 1 September 1999 by the coefficient 1.06. The Committee notes this information with interest, even though it is not sufficient to enable it to assess whether the Convention is fully applied on this point. The Committee once again hopes that the Government’s next report, in addition to the readjustment coefficient applied and for the same reference period, will contain statistical data on fluctuations in the cost-of-living indices and the general increase in wages in the country, as well as on the adjustment of benefit rates (average per beneficiary and benefit for standard beneficiary), as requested under Article 21 of the Convention in the report form adopted by the Governing Body of the ILO.

2. With reference to its previous comments, the Committee regrets to note that, despite the promise made by the Government in its previous report, the current report still does not contain statistical data on the scope and level of benefits, as requested in the report form under Articles 4 and 19 or 20 of the Convention. The Committee trusts that the Government will make every effort to provide this information with its next report.

[The Government is asked to report in detail in 2002.]

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. Article 21 of the Convention (Review of long-term benefits). In reply to the Committee's earlier comments, the Government indicates that considerable variations in adjustment of benefits have taken place from year to year, depending on the financial situation of the employment injury branch, and that information relative to earnings and adjustments to benefits will be supplied by the Ministry of Labour and the Social Security Fund in the next report from the Government. In this connection, the Committee recalls that this provision of the Convention specifies that the amount of long-term benefits paid in the event of industrial injury shall be reviewed following substantial changes in the general levels of earnings where these result from substantial changes in the cost of living. It therefore hopes that the Government will not fail to include in its next report statistical information on trends in the cost-of-living index and the index of earnings, and on the adjustment of benefits (average benefit per beneficiary and benefit per standard beneficiary) during the same period.

2. With reference to its earlier comments, the Committee notes the Government's statement that statistical information regarding the scope and level of benefits requested in the report form on the Convention, adopted by the Governing Body under Articles 4 and 19 or 20, will be supplied in the Government's next report.

[The Government is asked to provide a report in 2000.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. With reference to its previous comments, the Committee hopes that the next report will contain full information on the matters raised in its 1991 direct request, which read as follows:

Article 21 of the Convention (review of long-term benefits). The Committee noted from the Government's reply that there was no readjustment of benefits between 1985 and 1989. It recalled the importance it attaches in the present economic context to the proper application of this provision of the Convention, which specifies that the amount of long-term benefits paid in the event of industrial injury shall be reviewed following substantial changes in the general levels of earnings where these result from substantial changes in the cost of living. The Committee therefore hopes that the Government's next report will contain information on the measures taken in this respect as well as the statistical data requested in the report form adopted by the Governing Body on trends in the cost of living index and the index of earnings during the period covered by the report, and on the adjustment of benefits (average benefit per beneficiary and benefit per standard beneficiary) during the same period.

2. The Committee would be grateful if the Government would supply statistical information in its next report on the scope and level of benefits, as requested in the report form adopted by the Governing Body (Article 4 and Articles 19 or 20).

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Article 8 of the Convention. The Committee notes the adoption of an Interministerial Order issuing the schedule of occupational diseases, No. 006048 of 24 July 1991. It notes with satisfaction that the new schedule of occupational diseases established by the Interministerial Order is now in conformity with the list contained in Schedule I which is annexed to the Convention.

2. With regard to the revision of long-term benefits (Article 21 of the Convention), the Committee refers to its direct request of 1991.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 8 of the Convention. The Committee notes with interest the Government's statement that the points the Committee raised in its previous comments concerning the list of occupational diseases established by Order No. 9364bis of 14 November 1958 (as amended by Order No. 5199 of 18 April 1960) have been taken into consideration in the adoption of a Ministerial Order which the Governmnent says it has transmitted. Since the text of the Ministerial Order in question has not been received at the ILO, the Committee asks the Government to be kind enough to send another copy.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the information supplied by the Government in its report, concerning Article 26, paragraph 2, of the Convention.

Article 21 of the Convention (review of long-term benefits). The Committee notes from the Government's reply, that there was no readjustment of benefits between 1985 and 1989. It recalls the importance it attaches in the present economic context to the proper application of this provision of the Convention which specifies that the amount of long-term benefits paid in the event of industrial injury shall be reviewed following substantial changes in the general levels of earnings where these result from substantial changes in the cost of living. The Committee therefore hopes that the Government's next report will contain information on the measures taken in this respect as well as the statistical data requested in the report form adopted by the Governing Body on trends in the cost of living index and index of earnings during the period covered by the report, and on the adjustment of benefits (average benefit per beneficiary and benefit for standard beneficiary) during the same period.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 8 of the Convention. In its previous comments, the Committee noted certain discrepancies between the list of occupational diseases established by Decree No. 9364 bis of 14 November 1958 (modified by Decree No. 5199 of 18 April 1960), and the provisions of the Convention.

(a) In the national legislation the list of diseases gives a restrictive enumeration of the pathological manifestations which may be caused by the substances mentioned in the Convention, whereas the schedule to the Convention is drafted in general terms so as to cover all such manifestations that may result from the diseases mentioned;

(b) the list of occupational diseases in the national legislation does not provide for general coverage of all substances, exposure to which is likely to cause these diseases, in particular: (i) phosphorus or its toxic compounds: the national legislation mentions only white phosphorus and sesquisulphur of phosphorus (items 5 and 7); (ii) manganese or its toxic compounds: the national legislation mentions only bioxide of manganese (item 38); (iii) arsenic and its toxic compounds: the national legislation covers only the oxygen and sulphur compounds and arsine (items 20 and 21); (iv) toxic halogen derivatives of aliphatic hydrocarbons: unlike the Convention which is drafted in general terms and covers all toxic halogen derivatives of these substances, the national legislation enumerates only some of them (items 3, 9, 11, 12, 26, 27 and 33); and (v) primary epitheliomatous cancer of the skin: the national legislation refers only to epitheliomatous cancers caused by pitch (item 16).

In its report, the Government states that it will take all necessary steps to comply with the Committee's comments. It adds that the competent departments of the Ministry of Labour are currently working on a table of occupational diseases which will take account of the requirements of international standards for the protection of workers and the Committee's comments. The Committee takes due note of this information. It hopes, therefore, that a new list of occupational diseases taking account of the above-mentioned observations will be adopted in the near future, to ensure that full effect is given to the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

In reference to its observation, the Committee would appreciate information on the following points:

Article 21 of the Convention. In its previous comments concerning the review of employment injury pensions, the Committee had expressed the hope that the Government would communicate the statistical information requested under Article 21 of the report form adopted by the Governing Body which relates to the movement of the cost-of-living index and the wage index, as well as the evolution of long-term benefits paid for employment injuries during the period covered by the report. It had also requested the Government to communicate the text of the orders fixing the adjustment factors on employment injury pensions issued under Decree No. 81-1049 of 31 October 1981.

In its report, the Government supplied statistical information on movement of the cost-of-living index between 1985 and 1989, without however supplying the corresponding data on the evolution of employment injury pensions during that period. It also communicated the text of inter-ministerial Order No. 16032 MFPETS-DTSS of 31 December 1981 fixing the adjustment factors on employment injury pensions applicable from 1 March 1980 for the period between 1 March 1976 and 1 March 1980.

The Committee takes note of this information. It must, however, point out to the Government that, without statistical information on the movement of the cost-of-living index and on the evolution of the employment injury pensions covering the same period, it is not in a position to determine the manner in which this Article of the Convention is applied in practice. Bearing in mind the importance that the Committee attaches to the question of the review of long-term benefits for industrial accidents and occupational diseases, especially in the present economic context, the Committee can only urge the Government to communicate with its next report all the statistical information requested under Article 21 of the Convention by the report form concerning the movement of the cost-of-living index and the wage index during the period covered by the report, as well as on the evolution of the employment injury pensions during the same period.

Article 26. The Committee notes with interest the document on labour statistics for the year 1988 communicated by the Government with its report on Convention No. 81. It notes, in particular, that this document contained, in an appendix, statistics relating to the frequency and severity of industrial accidents. It hopes that in future the Government will also be able to communicate statistics on occupational diseases, in conformity with Article 26 of the Convention, as it had stated its intention of doing. [The Government is asked to report in detail for the period ending 30 June 1990.]

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 8 of the Convention. In its previous comments, the Committee had pointed out that the list of occupational diseases, established by Decree No. 9634bis of 14 November 1958 (modified by Decree No. 5199 of 18 April 1960), did not conform fully to the list of occupational diseases in Schedule I of the Convention to the extent that the national list of occupational diseases, on the one hand, set forth a limited number of diseases likely to be caused by substances mentioned in the Convention and, on the other hand, generally does not cover all these substances.

In its previous report for the period ending 30 June 1985 the Government had included a draft list of occupational diseases, which the Committee had considered sufficient to permit the application of this provision of the Convention. The Committee had therefore expressed the hope, in a direct request made in 1987, that this draft list be adopted in the near future, and had requested the Government to communicate the text, once it had been adopted.

In its latest report, the Government submitted a new draft list of occupational diseases, which is now at a very advanced stage and should be adopted in the near future after approval by the National Consultative Council of Labour. The Committee takes note of this new draft. It notes, however, that this new draft list is not in conformity with the list in the appendix of the Convention on a certain number of points, to the extent that it is drawn up in a manner which is similar to the list of occupational diseases currently in force.

In the first place, the Committee is bound to point out that the new draft list of occupational diseases contains in the left-hand column a restrictive enumeration of certain diseases which would entitle a person to compensation, whereas the list attached to the Convention is formulated in general terms so as to cover all diseases and disorders caused by the toxic substances or noxious agents mentioned by the Convention.

Secondly, the new draft list of occupational diseases in general does not cover all the substances, exposure to which is likely to cause diseases. The following are the substances concerned: phosphorus or its toxic compounds (item No. 17 of the draft list mentions only phosphorus and sesquisulphur of phosphorus, and item No. 33 pyrophosphate phosphates and alcoyl aryle thiophosphates or alcoyl aryle and other organic phosphorus, as well as phosphoramides and anticholinesterasic carbonates); chromium or its toxic compounds (item No. 10 mentions only chromic acid as well as alkaline chromates and bichromates, chromate of zinc and sulfate of chromium); manganese or its toxic compounds (item No. 38 mentions only bioxide of manganese); toxic halogen derivatives of aliphatic hydrocarbons (item No. 12 mentions only a few of these derivatives); benzene or its toxic homologues (item No. 4 mentions only benzene and its derivatives, and item No. 5, benzene, toluene, xylenes and their derivatives); toxic nitro and amino derivatives of benzene or its homologues (item No. 13 mentions only nitric and chloronitric derivatives of benzene carbide).

Thirdly, with regard to primary epitheliumatous cancer of the skin, the new draft list of occupational diseases does not mention all the substances mentioned by the Convention as being likely to cause this disease (item No. 16 mentions only tar, pitch and anthracene).

The Committee therefore hopes that in the near future the Government will be able to adopt the necessary measures to give full effect to the Convention by completing the draft list of occupational diseases communicated in its last report with due regard to the above comments, unless it prefers to adopt without alteration the draft list of occupational diseases communicated with its previous report on the period ending 30 June 1985. The Committee trusts that the next report from the Government will be able to specify the progress made in ensuring full application of this provision of the Convention which has been the subject of comments for over 20 years.

Furthermore, the Committee would again request the Government to supply information on certain points raised in a direct request to the Government. [The Government is asked to report in detail for the period ending 30 June 1990.]