In this period of Coronavirus, the company is forced to profound temporary changes. From
provisions that the Interprofessional Collective Agreement has taken into account.
Technical unemployment is provided for by the Senegalese legislator. Moreover, the texts stipulate that under
Article L65 of the Labor Code, the employer may decide to lay off technical workers, for a
fixed period, of all or part of the staff, whether bound by a Cdd or Cdi. " Unemployment
technique is justified by the need to collectively interrupt work for short-term reasons
or accidental”, details the document from the Ministry of Labor of which we have received a copy. For his
implementation, the employer is required to consult the staff representatives. In the absence of delegates from the
staff, it is recommended that he talk to all the staff or ask them to
appoint representatives. But when technical unemployment is not provided for by the collective agreement
or the establishment agreement, the employer is required to inform the Labor and
social security covered by the measures envisaged.
Reduction of working hours
This is one of the strong decisions of the last Council of Ministers held the day before yesterday Wednesday. The schedules of
work in the Administration are now from 9 a.m. to 3 p.m. According to the legislation, the reduction of working hours
work consists of moving from full-time to part-time work or reducing working hours.
presence of an employee. In this case, says the agreement, the reduction of working hours constitutes a
modification of the employment contract within the meaning of Article L67 of the Labor Code and requires the written agreement of the
employee. “If the worker gives an acceptance in principle, this modification can only take place after
for a period equivalent to the notice period. However, the parties may dispense with the period
of notice with the only obligation that this will be mentioned in the agreement, ”we read.
Telework and on-call duty
In the circumstances of the fight against Covid-19, the employer may temporarily resort to teleworking
even if the labor legislation does not provide for specific provisions in this area. The use of
teleworking is considered to be an adaptation of the workstation made necessary to allow the
continuity of the company's activity and guarantee the protection of employees. It consists for the worker in
provide his service which could have been carried out on the employer's premises, outside these premises, in
using information and communication technologies. It is not an adjustment of the
working time, but of a work organization method agreed between the parties.
With regard to on-call duty, in order to limit movement and ensure normal operation of the
service, the employer may resort to the penalty mechanism. “Within the meaning of article 42 of the CCNI
(National Interprofessional Collective Agreement), the on-call period is understood as a period
during which the worker, without being at the permanent disposal of the employer, has the obligation to
stay at home or nearby to be able to carry out any intervention requested by the employer
“, indicates the Ccni.
Shift work and early leave
To cope with the reduction in activity or to avoid gatherings which can be a source of
spread of the virus, the employer may resort to shift work. According to the Ccni, it allows the employer
to organize the personnel into teams which will not all have the same working days and consequently the
same days off. “Employers are authorized to derogate from the collective working hours rule and to
practice individualized schedules subject to prior information to the Labor Inspector and the
competent social security and the staff representative", details the agreement.
In addition, the employer can offer a departure date to the worker who has acquired the right to use
on leave. If a date has already been set, it can be brought forward by mutual agreement. But for the
workers who have not acquired the right to take leave, the parties may agree on
anticipation of leave.