The problem of paid leave often arises in certain companies such as SMEs or SMIs whose workforce does not always allow them to afford the services of an HR Manager.
We offer you a short memo on everything you need to know about annual leave.
THE HOLIDAYS :
It's what ?
Leave can be defined as a period of inactivity of one or more workers without stopping the company. Exceptionally, leave can be collective.
For who ?
The right to take leave is acquired by any worker after a minimum period of effective service equal to one year.
By period of effective service, we mean the actual duration worked as well as the duration of absence in the event of illness duly certified by a doctor, in the event of an accident at work or an occupational illness, maternity leave and during strikes or lockouts that respect procedures. Since the release of Decree 2015-777 of June 2, 2015 setting the rules applicable to the internship contract, it has been established that a contractual intern benefits from annual leave under the same conditions as employees.
When ?
The right to take leave is acquired after a minimum period of effective service, called the reference period, equal to 12 months. In all cases, the effective enjoyment of the leave may be postponed by agreement of the parties, without the effective duration of service exceeding three years, and subject to a leave of six working days to be taken each year.
For how long ?
The duration of paid leave paid by the employer is determined at the rate of 2 working days per month of effective service.
The duration of leave may be increased by:
-1 working day after 10 years of continuous service or not, in the same company;
-2 working days after 15 years;
-3 working days after 20 years;
-6 working days after 25 years.
Special cases:
- Female employees or apprentices benefit from additional paid leave based on:
- 2 additional days per dependent child if they are under 21 years old on the last day of the reference period;
- 2 additional days per dependent minor child from the 4th if they are over 21 years old on the last day of the reference period.
- Concerning workers housed in the establishment (or nearby) in their care and required to be present for 24 continuous hours per day, they are entitled to annual leave of 2 weeks per year in addition to legal leave.
- Workers recruited outside the territory of the Republic of Senegal, and holding an expatriate contract, will be entitled to leave, the duration of which will be determined on the basis of 5 days per month of effective service.
How ?
The leave date for each worker is set by mutual agreement between the employer and the worker. Once this date is set, it cannot be brought forward or delayed for a period of more than 3 months, except with the agreement of the Labor Inspector, after hearing the parties.
The worker must be notified of the date of his departure on leave at least 15 days in advance and the schedule of departures on leave will be posted on the establishment's notice board.
At the time of departure on leave, the employer must indicate the dates of departure on leave and return to service on the worker's pay slip.
Special cases :
- The recall of the worker on leave can only take place when the smooth running of the company or one of the services requires it for serious reasons that can be noted by the Labor Inspector. The recalled worker retains his or her leave allowance in full and will receive his or her salary again upon returning to work. He will subsequently benefit and, at the latest, during the next leave, from an additional period of leave equal to the number of days lost.
- With regard to workers displaced by the employer, their leave can only take effect from the day they return to the place of employment.
- In the case of companies for which the vacation date of all or part of the workers must correspond to a period of annual shutdown of the company (case of restaurants during Ramadan, or a company with active seasonal), this date will be set by the employer, after consultation with staff representatives.
At what price ?
For workers receiving leave based on 2 working days per month of actual service, the related leave allowance is calculated on the basis of 1/12th amounts received during the reference period.
The calculation of the allocation of additional days is carried out on the same basis.
So, the calculation to be made will be:
Leave allowance = sum of reference period salaries x 1/12 x total number of leave days
And in the event of a breakup?
In the event of termination or expiration of the contract before the worker has acquired the right to enjoy the leave, he will receive, in place of the leave, compensation calculated on the basis of the rights acquired, as defined in the previous section.
