Code of Social Security-Republic of Senegal (1992)

Code of Social Security

Code de la Sécurité Sociale

LAW No. 73-37 of July 31, 1993 on the Social Security Code

The National Assembly deliberated and adopted,

The President of the Republic promulgates the law whose content follows:

GENERAL

Article 1: – A social security scheme is hereby established for the benefit of salaried workers covered by of the Labor Code and the Merchant Navy Code.

This plan includes:

Ω a branch of family benefits;

Ω a repair and prevention of accidents at work and occupational diseases branch;

Ω and possibly any other branch of social security that would be instituted later for the benefit of the same workers.

Art. 2. – The management of this regime is entrusted to a public establishment of an industrial and commercial nature, referred to as the Social Security Fund, whose organization and operating rules are set by decree.

The Social Security Fund is responsible in particular for the service of benefits, the collection of contributions and registration of workers and employers.

TITLE 1 FAMILY BENEFITS

Chapter One Scope

Art.3. – The branch of family benefits is established for the benefit of salaried workers covered by of the Labor Code or the Merchant Navy Code, with one or more dependent children residing in the Senegal and registered in the civil status registers.

However, the worker who performs in another State, for the performance of his employment contract, a temporary stay, the duration of which does not exceed six months, renewable once, continues to benefit family benefits.

A worker who completes a training or refresher course in another State continues to benefit from family benefits for the duration of the internship.

Art. 4. – Are not covered by this law:

Ω workers whose children qualify for a more favorable family benefits scheme and

Ω workers who have their habitual residence in another State and who, for the performance of their contract of work, complete a temporary stay in Senegal, the duration of which does not exceed six months, renewable Once.

Art.5. – Inter-State social security agreements may set the conditions for the allocation of benefits families to workers and dependent children who do not meet the residency requirements in item 3.

Chapter 2 Allocation conditions

Art 6. – Is considered as having a dependent child any person who ensures in a general way and housing, food, clothing and education of the child.

However, the employed woman cannot be considered as having the children born of her marriage in her charge.

only when his spouse does not carry out any remunerated professional activity.

Art. 7. – Entitlement to family benefits is given to dependent children of the salaried worker who enter the one of the following categories:

1° the children from the marriage of the worker provided that they have been registered in the registers of civil status and that this marriage was celebrated or recorded by the civil registrar;

2° children who have been the subject of an adoption in accordance with the law;

3° the children of the unmarried female employee whose natural filiation is established by voluntary recognition or by judgment according to law;

4° children whose natural filiation, both with regard to the married worker and his wife, is established in accordance with the law.

Art. 8. – The right to family benefits is subject to a professional activity of three consecutive months and a minimum working time of eighteen days or one hundred and twenty hours in the month; this working time may be postponed over a period of two or three months in professions and jobs involving, by their nature,an intermittent or irregular work schedule.

The right to family benefits is retroactive to the date of recruitment.

Art. 9. – Family benefits are due for the entire month which marks the end of the opening period rights, regardless of the cause of cessation of rights.

Art. 10. – The right to family benefits is maintained in the following cases:

Ω absences for paid leave;

Ω absences due to an accident at work or occupational disease

Ω within the limit of six months, absences for illness duly confirmed by a medical certificate;

Ω for female employees, the periods of maternity leave provided for in Article 138 of the Labor Code;

Ω within the limits of 1, 2 or 6 months with the exception of dismissal for gross negligence, resignation or admission on retirement, when the worker is in involuntary unemployment resulting from his dismissal and justifies, at the time of this dismissal respectively of 6, 12 or 18 months and more of continuous presence in the company;

in this case, the dismissal must be certified by the labor inspector and social security, in view of the written notification of the employer provided for in article 47, 2nd paragraph of the Labor Code.

Art.11 – Widows of benefit recipients and affected workers continue to receive family benefits total permanent incapacity following an accident at work or an occupational disease for their children actually left in their care.

Family benefits for orphans or children placed under guardianship are paid to the person physical or legal person who is responsible for them.

Art.12 – The services are due after the establishment of a request on a form provided by the Caisse de Sécurité Sociale, accompanied by supporting documents. The basic rate of family benefits is fixed by decree.

Art.13 – Will only be accepted as supporting documents civil status documents issued in accordance to the legislation in force.

Civil status documents issued by foreign authorities must, if they are not written in French, be translated into French by the competent consular authorities of the country concerned or a translator approved by the Senegalese authorities.

Chapter 3 Benefits

Art.14 – The benefits due under the branch of family benefits are:

Ω prenatal allowances;

Ω maternity allowances;

Ω family allowances;

Ω daily allowances for maternity leave;

Ω benefits in kind and, where appropriate, any other benefit established by law.

SECTION I. – Prenatal allowances

Art.15 – The right to prenatal allowances is open to any spouse of a salaried worker, to any unmarried salaried woman and to any salaried woman whose husband does not exercise any professional activity remunerated from the day on which the state of pregnancy is declared and until childbirth.

If a declaration of pregnancy, accompanied by a medical certificate, is sent to the Caisse de Sécurité Sociale in the first three months of pregnancy, allowances are due, in principle, for the nine months preceding the birth.

When the pregnancy is declared, the Social Security Fund issues the person concerned a pregnancy booklet and maternity.

Art.16 – A pregnant woman, to benefit from prenatal allowances, must undergo medical examinations, periodic obstetrical services before the 3rd month, around the 6th month and the 8th month of pregnancy. These examinations are noted on the corresponding sections

of the pregnancy and maternity record.

Any visit not undergone results in the loss of the benefit of the corresponding fraction of the prenatal allowances.

Art.17 – Prenatal allowances are paid to the mother on presentation of the sections of the pregnancy record book and under the following conditions:

Ω two monthly payments before the 3rd month of pregnancy;

Ω four monthly payments around the 6th month of pregnancy;

Ω three monthly payments around the 8th month of pregnancy.

DIVISION II. – Maternity allowances

Art.18 – The right to maternity benefits is open to any spouse of a salaried worker, to any unmarried salaried woman and to any salaried woman whose husband does not carry out any gainful professional activity which gives birth, under medical supervision, to a child born viable and registered in the registers of civil status.

This right arises from the day of birth until the child’s second birthday.

Art.19 – Allowances are paid to the mother on presentation of the following documents:

Ω birth certificate and extract from the child’s birth certificate;

Ω part of the maternity diary for the 6th, 12th, 18th and 24th months noting that the periodic visits have been regularly experienced by the child.

The period of these visits is:

Ω every two months during the 1st year;

Ω every three months during the 2nd year.

Any visit not undergone results in the loss of the benefit of the corresponding fraction of the maternity allowance.

Art. 20 – The payment of maternity allowances is made under the following conditions:

Ω six monthly payments at birth or immediately after applying for benefits;

Ω six monthly payments when the child reaches the age of six months;

Ω six monthly payments when he reaches the age of 12 months;

Ω three monthly payments when he reaches the age of 18 months;

Ω three monthly payments when he reaches the age of twenty-four months.

In case of multiple births, each birth is considered as a separate maternity.

DIVISION III. – Family allowances

Art. 21 – Family allowances are allocated to the worker for each of the children in his charge, aged over two years and less than fifteen years.

The age limit is raised to eighteen years for a child placed in apprenticeship
and to twenty-one years if the child continues studies or if, as a result of infirmity or incurable disease, he is in the impossibility of engaging in salaried work.

Art. 22 – The payment of family allowances is subject to the production of the following documents:

Ω an extract from the child’s birth certificate;

Ω a charge and maintenance certificate or a life or maintenance certificate;

Ω a medical examination certificate or a school certificate every year for elderly dependent children from 2 to 14 years old

Ω a school certificate for children aged 15 to 21;

Ω an apprenticeship contract for children aged 14 to 18
;

Ω a medical certificate stating the infirmity or incurable illness for children aged 14 to 21 suffering from infirmity or incurable disease.

Dependent children holding a full scholarship are excluded from family benefits.

Art. 23 – Family allowances are paid to the recipient in arrears and at regular intervals, not exceeding

not three months. They are due from the first day of the month following that of the second birthday.

DIVISION IV. – Daily allowances for maternity leave

Art. 24 – In accordance with the provisions of article 138, paragraph 6 of the Labor Code , the pregnant employee is entitled to daily allowances for the duration of her maternity leave.

within the limit of six weeks before and eight weeks after childbirth.

Art. 25 – The payment of daily allowances is subject to:

Ω justification of the status of salaried worker;

Ω production of a medical certificate confirming the pregnancy;

Ω the effective suspension of the professional activity recorded by a notification from the employer;

Ω production of the payslip for the month preceding that of the work stoppage.

Art. 26 – Maternity leave may be extended by a maximum of three weeks in the event of incapacity to resume work following illness resulting from pregnancy or childbirth.

In this case, the payment of daily allowances is subject to the production of a medical certificate and a certificate from the employer stating that work has not been resumed.

Art. 27 – The allowance is calculated on the basis of the total daily salary actually received during the last pay, including any allowances inherent in the nature of the work.

The amount of the indemnity is equal to as many times the daily wage as there are days, working days or not, for the duration of the work suspension.

Art. 28 – The daily allowance is paid either per period of 30 days, or at the expiry of six weeks before or eight weeks after childbirth, i.e. at the end of the additional leave provided for in Article 26.

Art. 29 – The employer who maintains for the female employee during the legal childbirth rest all or part of her salary is automatically subrogated to the person concerned in her rights to the daily allowance, on condition that it is himself in good standing with the Fund and that the part of the salary he pays is at least equal to the compensation due

by the cash register.

Art. 30 – The rest of the woman in childbirth is subject to the control of the Social Security Fund.

The daily allowances may be canceled during the period during which the Fund was put, by the fact of the interested party, in the impossibility of exercising this control.

SECTION V. – Benefits in kind

Art. 31 – In addition to the cash benefits provided for in the previous sections, benefits in kind will be paid to the wives and children of the worker or to any qualified person who will be responsible for assign to the exclusive care of the child.

Art. 32 – In addition to the service of benefits in kind provided for in the preceding article, health, social and family action of the Caisse de Sécurité Sociale aims to establish and manage medico-social services and social services.

TITLE II

ACCIDENTS AT WORK AND OCCUPATIONAL ILLNESSES

Chapter One Scope

Art. 33 – Is considered as an accident at work, whatever the cause, the accident occurring to a worker:

1° – by the fact or on the occasion of the work;

2° – during the journey from his residence to the place of work and vice versa, insofar as the journey has not been interrupted or diverted for a reason dictated by the personal interest or independent of the employment;

3° – during journeys or journeys the costs of which are borne by the employer under Articles

108, 150 and 151 of the Labor Code.

Art. 34 – Occupational diseases are listed in the tables established by joint order of the Minister in charge of Labor and the Minister in charge of Public Health.

Art. 35 – The following are deemed to be occupational diseases and as such listed in the tables provided above:

1° – the morbid manifestations of acute or chronic intoxication presented by workers exposed in a way

habitual to the action of certain harmful agents;

Tables give, for information only, the list of the main works involving the handling or use of these

officers;

2° – microbial infections, when the victims were habitually occupied with certain work

exhaustively listed;

3° – infections presumed to result from an atmosphere or particular attitudes required by the execution limited works listed;

4° – microbial or parasitic infections likely to be contracted while working in the areas that would be recognized as particularly infected.

Art. 36 – The following also benefit from protection against accidents at work and occupational diseases:

1° – the members of worker and production cooperative societies as well as the non-salaried managers of cooperatives and their officers;

2° – the managers of a limited liability company, when the articles of association provide that they are appointed for a

limited term, even if their mandate is renewable, and their powers of administration are, for certain acts,

subject to authorization by the general meeting, provided that the said managers do not together own more than half of the share capital;

the shares owned by the ascendants, the spouse or the minor children of a manager are assimilated to those that he personally owns in the calculation of his share;

3° – the chairman and managing directors and managing directors of public limited companies;

4° – apprentices subject to the provisions of articles 61 and following of the Labor Code;

5° – students of technical education establishments, apprenticeship centers, training centers professional, public or private, and people placed in training centers, rehabilitation occupational or functional rehabilitation, minors placed in rehabilitation centers under the service of supervised education, for accidents occurring by the fact or the occasion of this education or training;

6° – holders of scholarships and allowances for studies and internships allocated, in accordance with the provisions laws and regulations, by establishments in the semi-public and private sector, provided that they do not do not benefit from another more favorable protective regime;

7° – detainees performing penal labor for accidents occurring as a result of or in the course of this work;

8° – voluntary insured persons.

Art. 37. – The conditions under which prisoners carrying out penal labor and insured persons are fixed by decree

volunteers will be able to benefit from protection against accidents at work and occupational diseases.

Chapter 2

Statements, investigation and medical checks

Art. 38. – The employer is bound as soon as the accident occurs or the occupational disease is observed:

1° – to ensure first aid treatment;

2° – to notify the company doctor or, failing that, the nearest doctor;

3° – possibly directing the victim, provided with a work accident booklet, to the medical service of the company or, failing that, on the public health facility or the public or private hospital closest to the place of the accident.

First aid care remains the responsibility of the employer as well as

than the salary for the day during which the work was interrupted.

Art 39. – As far as sailors are concerned, care is given on board in accordance with the rules which govern maritime personnel. The sailor, victim of an accident at work, disembarked in a foreign port, is subject to the same rules as the worker who is the victim of an accident at work occurring abroad; it is supported by the Social Security Fund to count from the day after the day of his disembarkation.

Art 40. – The employer is required to notify the labor and social security inspector within forty-eight hours of any accident or occupational disease occurring in the company. This period runs from of the accident or, in the event of force majeure, of the day on which the employer became aware of it.

Art 41. – This declaration is established in triplicate. The first copy is sent to the inspector labor and social security, the second to the Caisse de Social Security and the third is retained by the employer.

Within the same period, the employer is required to notify the employee in writing of the sending of the declaration to the Fund of Social Security.

Art 42. – In the event of failure of the employer, the victim or his having rights can make the declaration of accident

work until the expiry of the second year following the date of the accident.

Art 43. – With regard to occupational diseases, the date of the first medical finding of the illness is assimilated to the date of the accident.

Art 44. – With each copy of the declaration, the employer is required to attach:

1° – a medical certificate drawn up by the attending physician, indicating the state of the victim, the consequences of the accident or, if the consequences are not exactly known, the possible consequences, and, in particular, the duration probable incapacity for work;

2° – a certificate indicating the salary received by the worker during the thirty days preceding the accident

and the number of working days and hours corresponding to this period.

The model of the certificate is provided by the Caisse de Sécurité Sociale.

Art.45. – With regard to the persons referred to in article 36, 5°, 6° and 7°, the declaration of accident is made,in the above forms, by the person or organization responsible for the management of the establishment or center.

Art.46. – The Fund’s prior agreement must be requested by the attending physician for all cases of

treatment, care and additional services to those whose implementation is immediately required by the condition of the injured party.

These additional treatments, care and services include, in particular, surgical procedures

successive, cosmetic surgery operations related to the salaried activity of the worker, the treatments, care and services occasioned through relapses, functional rehabilitation, vocational rehabilitation and the provision of prosthetic devices.

The approval or refusal of the Fund, given after consulting its medical adviser, must be notified within fifteen days, exceeding this period constitutes acceptance.

The absence of prior agreement allows the Fund to refuse payment of the fees of practitioners and health facilities.

Art.47. – When ascertaining that the injury has healed or consolidated, the attending physician immediately sends the Fund a medical certificate giving the date of healing or consolidation, as well as the degree of permanent incapacity or the date of review of this rate at the end of a determined period.

The Fund, in view of this certificate and the opinion of the medical adviser, sets the date of recovery or consolidation and, possibly, the permanent disability rate.

Art.48. – When the injury has resulted or appears to be likely to result in death or permanent disability total or partial work, the labor and health inspector social security at the scene of the accident immediately conducts an investigation.

The survey is carried out by:

Ω labor and social security inspectors and controllers;

Ω administrative authorities, judicial police officers;

Ω approved experts appointed by the labor and social security inspector of the place of the accident.

Art. 49. – Any investigator can carry out at the headquarters of the establishment or establishments having occupied the victim all the necessary findings and verifications.

The expert-investigator submits his report within fifteen days of the request for an expert’s report. After this period, he may be removed by decision of the labor inspector after examination of the circumstances which caused the delay.

Art. 50. – The investigator immediately summons to the place of the investigation the victim or his heirs, the employer and all persons who appear to him likely to provide useful information.

The investigation is contradictory. Witnesses are heard in the presence of the victim or his legal successors and the employer.

When the victim is unable to attend the investigation, the investigator travels to her to receive her explanations.

Art. 51. – The results of the investigation are recorded in a report which will prevail until proven otherwise.

A copy of the investigation report is sent to the victim or his legal successors, to the employer, to the Caisse and to any person directly implicated.

Art. 52. – The Fund may at any time have the victim examined by its medical adviser or a doctor of its choice.

It may also, at any time, have any authorized person inspect the accident victims to whom it pays benefits.

Art. 53. – The victim is bound:

1° – to present any medical certificates, X-rays, laboratory tests and prescriptions in its possession, upon request from the Fund’s medical control department;

2° – to provide any information requested of him on his state of health or previous accidents at work;

3° – strictly observe medical prescriptions;

4° – to submit to the various checks carried out by the Fund.

Art. 54. – In all cases where there is disagreement on the condition of the injured party between the Fund’s medical adviser and the attending physician, a new examination is carried out by an approved medical expert.

The medical expert may be chosen by agreement of the attending physician and the medical adviser. Failing agreement, he is chosen by the Director of Labour, Employment and Social Security, after consultation with the Director of Health.

The expert summons the victim without delay or goes to his bedside; he is required to submit his report to the Fund and to the attending physician within a maximum period of fifteen days from the date on which he received the file, failing which he will be replaced, except in the case of special circumstances justifying an extension of time. The expert’s opinion is binding on the parties.

Art. 55. – The victim or his heirs may be assisted during the investigation or medical checks by the attending physician or a person of their choice.

Any knowingly inaccurate declaration by the victim or his heirs may result in a reduction of their pension.

Art. 56. – The Social Security Fund may suspend or reduce the benefits or indemnities when the victim refuses to submit to the requirements of this law, in particular with regard to examinations, investigations or expert opinions, medical and surgical care and treatment, provided for in articles 50,52,53,54 and 55 above.

Art. 57. – The Fund takes charge, according to the tariffs which will be defined by joint order of the supervisory ministers, of the remuneration or fees of the investigators and experts referred to in this chapter.

The expert or the medical expert, divested in accordance with the provisions of articles 49 and 54, cannot claim any fees, remuneration or indemnity.

Chapter 3

of repair

SECTION I. – Scope of compensation

Art. 58. – The compensation granted to the victim of an accident at work or to his successors in title includes:

1° – allowances:

a) – the daily allowance paid to the worker during the period of temporary incapacity;

b) – the pension paid to the victim in the event of permanent incapacity, or to his dependents in the event of a fatal accident;

2° – payment or reimbursement of costs necessitated by the treatment, vocational rehabilitation and redeployment.

Art. 59. – The worker displaced under the conditions provided for in article 150 of the Labor Code, victim of an accident at work or of an occupational disease, has the right to transport to his place of residence when he is in the impossibility of continuing its services on site. These costs are borne by the employer.

Art. 60. – In the event of an accident followed by death, the funeral expenses are reimbursed by the Fund to the victim’s heirs within the limit of the expenses incurred and without their amount exceeding the minimum fixed by decree.

The Fund bears the costs of transporting the body to the burial place requested by the family insofar as the costs are either incurred in full, or increased by the fact that the victim left his residence at the request of his employer to be hired. or that the death occurred while traveling for work away from home.

Art. 61. – The accident resulting from the intentional or inexcusable fault of the victim does not give rise to any daily indemnity .

However, part of the cash benefits, which would normally have been awarded to the victim, will be paid to the dependents of the person concerned.

Art. 62. – When setting the pension, the Fund may, if it considers that the accident is due to an inexcusable or intentional fault on the part of the victim, 11 reduce the pension, unless the beneficiary or his heirs have recourse to the Jurisdiction.

Art. 63. – When the accident is due to an inexcusable fault on the part of the employer or one of the agents, the indemnities due to the victim or his beneficiaries are increased.

The amount of the increase is set by the Fund in agreement with the victim and the employer or, failing that, by the competent labor court, without the annuity or the total of the annuities allocated being able to exceed either the fraction of the corresponding annual salary to the reduction in capacity, i.e. the amount of this salary. The increase is paid by the Fund, which recovers the amount by means of an additional contribution imposed on the employer, the rate and duration of which are set by the Fund, unless the employer appeals to the competent labor court. In the event of transfer or termination of the company, the total of the contributions to be due is immediately payable.

It is forbidden for the employer to guarantee himself by insurance against the consequences of inexcusable fault. The author of the inexcusable fault is responsible for it on his personal assets.

Art. 64. – If the accident is due to an intentional fault on the part of the employer or one of his agents, the victim or his heirs retain the right against the author of the accident to claim compensation for the damage caused, in accordance with the rules of common law, insofar as this damage is not repaired by application of this law.

The Fund is required to provide the victim or his dependents with benefits and compensation. It is automatically entitled to bring an action against the author of the accident for reimbursement of the sums paid by it.

Art. 65. – If the accident is caused by a person other than the employer or his agents, the victim or his heirs retain the right against the author of the accident to claim compensation for the damage caused, in accordance with the rules of the common law, insofar as this damage is not repaired by application of this law.

The Fund is required to provide the victim or his dependents with benefits and compensation. It is automatically entitled to bring an action against the author of the accident for reimbursement of the sums paid by it.

Art. 66. – In all the cases provided for in articles 64 and 65 and even before the repressive jurisdictions, judgment on the action of the victim or his heirs is suspended until the questioning or the voluntary intervention of the Social Security Fund.

In these cases, the victim or his heirs must call the Social Security Fund in a declaration of joint judgment and vice versa.

In the absence of a joint judgement, the Caisse may lodge a third-party opposition by bringing it before the court, even a criminal court, which rendered the final decision.

DIVISION II. – Indemnities

1. – Determination of the basic salary used to calculate the allowances:

Art. 67. – The salary serving as the basis for the calculation of the indemnities includes all the salaries or earnings on which the contributions are based.

Art. 68. – The salary serving as the basis for calculating the indemnities due to the beneficiaries referred to in Article 36 7° of this Code is equal to the guaranteed minimum inter-professional salary or to the salary corresponding to the professional qualification of the person concerned.

Art. 69. – The salary serving as the basis for calculating the allowances due to a worker under the age of eighteen may not be lower than the minimum salary for the category of the step or job on the basis of which have been fixed by way of abatement, within the framework of wage regulations or collective agreements, of the minimum rates of pay for young workers under the age of eighteen.

In the absence of this reference, the basic salary of the allowances cannot be lower than the lowest salary of adult workers in the same category employed in the establishment or, failing that, in the similar neighboring establishment.

However, under no circumstances may the amount of the indemnities thus calculated and due to the young worker under the age of eighteen exceed the amount of his remuneration.

Art. 70. – The salary serving as the basis for fixing the daily allowance due to the apprentice may not be lower than the minimum salary for the category, the grade or skilled job where the apprentice would normally have been classified at the end of the apprenticeship.

2. – Daily allowance:

Art. 71. – Compensation is paid to the victim from the first day following the stoppage of work following the accident, without distinction between working days and Sundays and public holidays, throughout the period of incapacity for work. which precedes either complete healing or consolidation of the injury or death, as well as in the case of relapse or aggravation.

The daily allowance may be maintained in whole or in part in the event of resumption of light work authorized by the attending physician, if this resumption is likely to promote healing or consolidation of the injury. The total amount of the allowance maintained and the salary cannot exceed the normal salary of workers in the same professional category or, if it is higher, the salary on which the daily allowance was calculated. If exceeded, the indemnity is reduced accordingly.

Art. 72. – The daily allowance is equal, during the first twenty-eight days of the stoppage of work, to half of the daily wage determined according to the procedures set out in the following articles.

From the twenty-ninth day of the interruption of work, the rate of this indemnity is increased to two-thirds of the said salary.

The daily salary serving as the basis for the calculation of this indemnity may not, however, exceed 1% of the maximum of the annual remuneration used for the basis of contributions for accidents at work.

Art. 73. – The daily wage is the average daily wage received by the worker during the thirty days preceding the accident.

This average daily wage is obtained by dividing the amount of the wage received during this period by the number of working days contained in the said period.

If the worker has received during these thirty days compensation covering a longer period, only the share of the compensation corresponding to the thirty days preceding the accident is taken into account for the calculation of the average daily wage.

Art. 74. – If the victim had been working for less than thirty days at the time of the stoppage of work, the salary or the gain used to calculate the basic daily salary is that which he would have received if he had worked under the same conditions during thirty days.

The same applies if the victim had not worked for the full thirty days preceding the accident due to illness, accident, maternity, unemployment beyond his control or unpaid leave.

Art. 75. – If the temporary incapacity lasts beyond three months and if after the accident there is a general increase in wages affecting the category to which the victim belongs, the rate of the daily allowance is revised in the same proportions with effect from the first day of the fourth month of incapacity or from the date of the salary increase if this date is later.

In such a case, it is up to the victim to request a review of the daily allowance rate by producing all supporting documents, in particular a certificate from the employer.

Art. 76. – If an aggravation of the injury caused by the accident results in a new temporary incapacity for the victim, the daily allowance is calculated on the basis of the average salary of the thirty days which immediately precede the stoppage of work caused by this aggravation. .

If the victim already benefits from a pension due to the accident, the value of this pension is deducted from the amount of the indemnity calculated as indicated above.

Under no circumstances may this daily allowance be less than that corresponding respectively to half the salary or to two-thirds of the salary received during the first interruption of work.

Art. 77. – The daily allowance is paid by the Fund, either to the victim, or to his spouse, or, if the victim is a minor, to the person who justifies having him in his charge, or to a third party to whom the victim gives delegation for the collection of this indemnity.

This delegation is only valid for a single period of incapacity; it does not preclude the Caisse’s right to suspend payment in order to carry out the necessary checks as soon as possible.

Art. 78. – The daily allowance must be paid at the maximum intervals provided for in article 114 of the Labor Code.

Art. 79. – The Fund is not entitled to suspend the service of the daily allowance when the employer maintains for the victim all or part of his salary or benefits in kind, either by virtue of the customs of the profession, or his own initiative.

However, when the salary is maintained in full, the employer is automatically subrogated to the victim, whatever the clauses of the contract, in the rights of the latter to the daily allowances due to him.

When, under an individual contract or a collective agreement, the salary is maintained after deduction of daily allowances, the employer who pays the salary during the period of incapacity without making this deduction is only entitled to pursue the recovery of this sum from
the Fund.

3. – Occupational accident pensions:

a) – Calculation of Annuities:

Art. 80. – The annuities due to victims suffering from a permanent incapacity or, in the event of death, to their beneficiaries, are calculated on the annual salary of the victim.

The salary includes the total effective remuneration received from one or more employers during the twelve months preceding the stoppage of work following the accident, subject to the following provisions:

1° – if the victim belonged for less than twelve months to the professional category in which he is classified at the time of the work stoppage following the accident, the monthly remuneration is calculated on the basis of
the remuneration relating to this category .

However, if the sum thus obtained is less than the total amount of remuneration actually received by the victim in his various jobs during the last twelve months, it is on this latter amount that
the annuities are calculated;

2° – if, during the said period of twelve months, the victim has interrupted his work due to illness, accident, maternity, unemployment beyond his control or unpaid leave, the average salary which would have corresponded to these interruptions is taken into account. work;

3° – if the victim worked in a company operating normally, only part of the year or normally performing a number of hours less than the legal working hours, the annual salary is calculated by adding to

the remuneration relating to the period of activity of the company the earnings that the worker has made elsewhere in the rest of the year.

4° – if, as a result of an accidental slowdown in economic activity, the worker has only worked a number of hours less than the legal working hours, the annual salary is increased to that it would have been, given the legal number of working hours.

Art. 81. – The calculation rules defined by Articles 79 and 80 for the calculation of the daily allowance for young workers and apprentices are applicable to the calculation of pensions.

Art. 82. – Pensions due for compensation for a fatal accident or resulting in a reduction in capacity of more than 10 per cent cannot be calculated on an annual salary lower than the guaranteed minimum interprofessional salary, multiplied by the coefficient one point four (1, 4).

Art. 83. – If the annual salary of the victim is higher than the minimum annual salary fixed in the preceding article, it only enters in full for the calculation of pensions if it does not exceed four times the amount of the said minimum annual salary.

b) – Revaluation of annuities;

Art. 84. – Annuities due in respect of accidents at work resulting in the death of the victim or a permanent incapacity of more than 10 per cent are revalued under conditions fixed by decree.

c) – Incapacity rate;

Art. 85. – In the event of permanent incapacity, the victim is entitled to a pension equal to the annual salary multiplied by the degree of incapacity previously reduced by half for the part of this rate which does not exceed 50 per cent and increased by half for the part that exceeds 50 percent.

If the permanent incapacity is total and obliges the victim, to carry out the ordinary acts of life, to have recourse to the assistance of a third person, the amount of the pension is increased by 40 per cent. Under no circumstances may this increase be less than 70 per cent of the annual minimum repair wage.

The degree of permanent incapacity is determined according to the nature of the infirmity, the general state, the age, the physical and mental faculties of the victim, as well as according to his aptitudes and his professional qualification, and assessed taking into account the indicative invalidity scale for accidents at work.

d) – Revision of the Rent;

Art. 86. – Any change in the condition of the victim, either by aggravation or by attenuation of the permanent incapacity, may lead to a revision of the pension.

This change can be observed on the initiative of:

1° – the Fund, which, in this case, informs the victim at least thirty days in advance of the time and place of the medical check-up;

2° – the victim who, in this case, sends the Fund his request for a new determination of the pension, the request must be accompanied by the medical certificate of the attending physician.

The new pension is due from the day on which the aggravation or attenuation of the injury was noted.

e) – Calculation of the Annuity of the beneficiaries;

Art. 87. – In the event of an accident followed by death, the heirs of the victim receive an annuity under the conditions set out below:

1° Surviving spouse:

A life annuity equal to 30 per cent of the annual salary is paid to the surviving spouse who is not divorced or legally separated, provided that the marriage was contracted prior to the accident.

In the case where the surviving spouse, divorced or legally separated, has obtained alimony, the life annuity is reduced to the amount of this pension without being able to exceed 20% of the annual salary of the victim and without that, if there is a new spouse, he or she can keep less than half of the 30 per cent life annuity.

The spouse sentenced for abandonment of the family is stripped of all his rights under this code. It is the same for someone who has been deprived of paternal power, except, in the latter case, to be reinstated in his rights if he comes to be restored to paternal power. The rights of the deposed spouse are transferred to the children referred to in the 2nd of this article.

d) – Revision of the Rent;

Art. 86. – Any change in the condition of the victim, either by aggravation or by attenuation of the permanent incapacity, may lead to a revision of the pension.

This change can be observed on the initiative of:

1° – the Fund, which, in this case, informs the victim at least thirty days in advance of the time and place of the medical check-up;

2° – the victim who, in this case, sends the Fund his request for a new determination of the pension, the request must be accompanied by the medical certificate of the attending physician.

The new pension is due from the day on which the aggravation or attenuation of the injury was noted.

e) – Calculation of the Annuity of the beneficiaries;

Art. 87. – In the event of an accident followed by death, the heirs of the victim receive an annuity under the conditions set out below:

1° Surviving spouse:

A life annuity equal to 30 per cent of the annual salary is paid to the surviving spouse who is not divorced or legally separated, provided that the marriage was contracted prior to the accident.

In the case where the surviving spouse, divorced or legally separated, has obtained alimony, the life annuity is reduced to the amount of this pension without being able to exceed 20% of the annual salary of the victim and without that, if there is a new spouse, he or she can keep less than half of the 30 per cent life annuity.

The spouse sentenced for abandonment of the family is stripped of all his rights under this code. It is the same for someone who has been deprived of paternal power, except, in the latter case, to be reinstated in his rights if he comes to be restored to paternal power. The rights of the deposed spouse are transferred to the children referred to in the 2nd of this article.

When the deceased worker leaves several wives, the life annuity is divided equally between them. This sharing is not likely to be modified later.

2° Children and descendants of the victim:

Dependent children and descendants of the victim receive a pension calculated as follows:

Ω 15 percent of the victim’s annual salary if there is only one dependent child;

Ω 30 percent if there are two,

Ω 40 per cent if there are three and so on, the pension being increased by a maximum of 10 per cent per dependent child.

The legal concept of dependent child is that adopted by the branch of family benefits. However, with regard to recognized natural children and adopted children, these provisions are only applicable if
the recognition or adoption took place before the accident.

3° Ascendant of the victim:

A life annuity is paid to ascendants under the following conditions:

Ω 10 per cent of the victim’s annual salary to each of the ascendants who, at the time of the accident, were dependent on the victim. This pension is also due if, at the time of the accident or after it, the ascendants no longer have sufficient resources.

The ascendant found guilty of abandonment of family or deprived of paternal power cannot claim a pension.

The total of the pensions thus allocated must not exceed 30% of the annual salary of the victim. If this quota is exceeded, the pension of each of the ascendants is reduced proportionally.

Art. 88. – Under no circumstances may the total of the annuities allocated to the various heirs of the victim exceed 85 per cent of his annual salary. If their total exceeds this figure, the pensions accruing to each category of beneficiaries are subject to a proportional reduction.

f) Non-transferability and unseizability of the annuity, place of payment and periodicity of the annuity;

Art. 89. – Annuities are non-transferable and unseizable. They are payable quarterly, in arrears, at the residence of the holder, on production of a certificate of life and, possibly, of a certificate of non-remarriage. When the degree of permanent incapacity resulting from the accident reaches or exceeds 75 per cent, the holder of the annuity may request that the arrears be paid to him monthly. The monthly payment is compulsory for victims with a permanent disability of 100 percent.

g) Starting point of the annuity and advance on the annuity;

Art. 90. – Arrears of annuities run from the day after death or from the date of consolidation of the injury.

In the event of disputes other than those relating to the work-related nature of the accident, the Fund may grant the victim or his beneficiaries, at their request, advances on pension payable at the same regular intervals as the pension.

The amount of the advance and the methods of reimbursement by deduction from the first arrears are fixed by the Fund subject to approval, in the event of dispute by the beneficiary, by the labor and social security inspector.

h) Accumulation of annuities and pensions

Art. 91. – Annuities allocated in compensation for accidents at work are combined with invalidity or retirement pensions to which the persons concerned may be entitled by virtue of their special status and for the constitution of which they have been called upon to undergo a deduction from their salary or wages.

i) Redemption of annuities

Art. 92. – The pension allocated to the victim of the accident is obligatorily redeemed from the starting point of the arrears of the pension if the degree of incapacity does not exceed 10 per cent.

If the rate of incapacity exceeds 10 per cent, the holder of the pension may request, at the end of a period of five years, payment of a quarter of the capital representing the pension for the portion of the latter corresponding at a disability rate less than or equal to 50 per cent.

When the annuity has been increased, the conversion is made taking into account the increase in the annuity.

The conversion is carried out according to the scale attached to this law.

Except with regard to the conversion of the annuity into capital, which is irrevocable, the rights and obligations of the victim after the conversion are exercised under the same conditions as before.

The request for partial redemption must be sent to the Social Security Fund within two years following the five-year period referred to above. The decision is taken by the Social Security Fund after consulting the competent labor and social security inspector.

Art. 93. – In the event of a new marriage, the surviving spouse, if he has no child considered as entitled, ceases to be entitled to the pension mentioned above. He is then allocated, as total compensation, a sum which cannot exceed three times the amount of the pension.

If he has children, the redemption will be deferred as long as one of his children is entitled to an annuity under article 87 first.

j) Foreign workers and dependents of foreign workers.

Art. 94. – Foreign workers who are victims of an accident at work or an occupational disease who cease to reside in Senegal receive as compensation a lump sum equal to three times the pension allocated to them.

The same is true for their foreign beneficiaries who cease to reside in Senegal.

The foreign beneficiaries of a foreign worker receive no compensation if, at the time of the accident or occupational disease, he does not reside in Senegal.

However, foreign workers or their foreign dependents enjoy the same rights as Senegalese nationals when their country of origin has concluded a social security agreement with Senegal or has legislation guaranteeing Senegalese nationals the same rights.

DIVISION II

Care and services for functional rehabilitation, vocational rehabilitation and redeployment

Art. 95. – The fund covers or reimburses the costs required for the treatment, functional rehabilitation, professional re-education and reclassification of the victim and in particular:

1° the costs incurred by medical and surgical care, pharmaceutical and incidental costs;

2° hospitalization costs;

(3) the supply, repair and renewal of prosthetic and orthopedic devices;

4° coverage of travel expenses.

Art. 96. – The amount of benefits is paid directly by the Fund to practitioners, pharmacists, medical auxiliaries, suppliers, public health facilities, hospitals, company or inter-company medical centres, according to tariffs and under conditions set by joint order of the supervising ministers and the Minister in charge of Public Health.

However, travel expenses may be reimbursed directly to the victim.

Art. 97. – The assumption of responsibility for these costs may be refused, in whole or in part, by the Fund, when they have been incurred at the request of the victim or his heirs and this request has been clearly recognized abusive.

1° The supply, repair and renewal of prosthetic devices

Art. 98. – The costs of acquiring, repairing and renewing the devices as well as the costs of shipping the devices and other ancillary costs that the supply, repair and renewal operations may involve are borne by the Caisse de Social Security.

Art. 99. – To obtain the supply, repair, renewal or replacement of orthopedic devices or prostheses, the victim is required to contact the Fund and obtain its agreement.

The device includes the prosthetic and orthopedic devices themselves, their attachment system and all other accessories necessary for their operation, including in particular the shoes adapted to the artificial lower limbs.

Art. 100. – The victim is entitled, for each infirmity, to a device and, depending on his infirmity, to an emergency device, a cart or a wheelchair.

However, only disabled persons with serious and incurable lesions of the locomotor system can claim a cart or a wheelchair. The mutilated of the lower limbs are entitled in case of necessity to a provisional device before the definitive device. Under no circumstances can this temporary device be considered as an emergency device.

Art. 101. – In terms of dental prostheses, except for the maxillofacial prosthesis, disabled persons have the device fitted by a practitioner of their choice, after agreement with the Fund.

Art. 102. – No repair or renewal of a used device must be carried out without the favorable opinion of the Fund.

The renewal is granted only if the device is out of order and recognized as irreparable. However, if the mutilated suffers from progressive lesions, his device is renewable whenever required, not only by the state of the device, but also by changes in the lesion.

Art. 103. – It is up to the victim who requests the repair or replacement of a device used prior to the accident to establish that this accident rendered the device unusable. Except in cases of force majeure, it is required to present the said device to the Fund.

Art. 104. – The devices and their accessories remain the property of the Fund. They cannot be transferred or sold. Except in cases of force majeure, devices not shown are not replaced.

Disabled workers are responsible for the care and upkeep of their devices; the consequences of damage or loss caused intentionally or resulting from flagrant negligence remain their responsibility.

1° Functional rehabilitation and vocational rehabilitation

Art. 105. – During the period of functional rehabilitation and professional re-education, the victim is entitled to the payment of the daily indemnity.

This compensation is not cumulative with the pension which would have been allocated to the victim for permanent disability under which the victim benefits from rehabilitation or re-education: only the benefit whose amount is the highest is paid.

However, in the event that the practitioner orders, within the framework of the rehabilitation and re-education treatments, the partial resumption of work, the victim will benefit from the full salary corresponding to the work carried out, the employer bearing the difference between this salary and the daily allowance which will be maintained until the end of the treatment, or possibly the annuity.

Art. 106. – Once acquired the rehabilitation or re-education, the annuity remains fully due, regardless of the new qualification of the victim.

Art. 107. – No contribution shall be paid to the Fund for the industrial accidents and occupational diseases branch during the period of rehabilitation or re-education of the victim for the wages due to him.

However, the declaration of any accident at work is the responsibility of the director of the establishment where the treatments are organised, whether it is a specialized establishment or a company.

Art. 108. – The right to functional rehabilitation is recognized for all victims of industrial accidents who have suffered damage making it impossible for them to recover a normal physiology.

The attending physician who prescribes rehabilitation may undertake the necessary treatment, on his own initiative and within the scope of the facilities at his disposal, during the medical or surgical care given to the victim.

Rehabilitation can also take place in a specialized establishment or by any other appropriate means which must be carried out under medical supervision.

Art. 109. – The right to re-education is recognized for all victims of industrial accidents who have become unfit to practice their profession as a result or who can only become so again after a new adaptation, whether or not the victims have benefited from the functional rehabilitation.

Art. 110. – In the absence of specialized establishments, or in the event of a lack of places, re-education will take place within the company to which the victim belongs. In this case, the decision to assign to a position corresponding to the victim’s abilities is, after medical examination, taken by the labor inspector, taking into account the company’s employment possibilities.

When the rehabilitation takes place within the company, a rehabilitation contract approved by the Caisse and signed by the labor inspector defines the rights and obligations of the parties and the procedures for monitoring the rehabilitation by the attending physician and the box.

When the assignment in the company is impossible, the labor inspector endeavors to proceed with the reclassification of the victim.

Art. 111. – In the event of voluntary interruption of the rehabilitation course by the victim, the latter retains the right only to the daily allowance or to the annuity, depending on whether or not there is consolidation, instead of the salary. provided for in article 105, paragraph 3 of this law.

In the event of involuntary interruption, in particular for accident or illness, the right of the victim to receive all of the compensation referred to above is maintained.

However, if the internship is interrupted due to an accident at work or occupational disease, the duration of the payment of these allowances is limited
to one month from the date of interruption.

The payment of these allowances is subject to the condition that the trainee has not carried out any remunerative activity during this period of interruption.

Any interruption must be declared within forty-eight hours by the head of the establishment to the Caisse.

3° – Reclassification measures:

Art. 112. – The employment contract is suspended from the day of the accident until the day of recovery or consolidation of the injury.

Art. 113. – The employer must endeavor to reclassify in his company, by assigning him to a position corresponding to his aptitudes and his abilities, the worker suffering from a reduction in capacity rendering him professionally unfit for his former job. If the employer does not have a job allowing reclassification, the dismissal of the worker must be subject to the prior agreement of the labor and social security inspector. The latter will reclassify him taking into account the provisions of Article 114.

Art. 114. – Employers are required to reserve for disabled workers a certain percentage of their jobs, which will be determined by order of the Minister responsible for Labour, taking into account the nature of the business activity and the number of their workers.

4° Reimbursement of travel expenses:

Art. 115. – Can benefit from the reimbursement of travel expenses:

1° the victim and possibly his dependents who must leave their residence, either to respond to the summons of the medical adviser or to submit to an expertise, control or treatment, or to obtain
the supply, renewal or repair of prosthetic devices;

2° the person or persons accompanying the victim when the latter cannot move alone, upon presentation of a medical certificate confirming this impossibility;

3° the person who assists the victim or his heirs under the conditions provided for in Article 85 of this law;

4° the witnesses referred to in Article 50, paragraph 4.

Art. 116. – Travel expenses may include transportation expenses, living expenses and compensation for loss of salary.

Art. 117. – Reimbursement of transport costs is only allowed on the basis of the shortest route and the most economical means.

The use of another means of transport must be justified by a medical certificate or an attestation from the head of the company, noting the medical or material impossibility of using the means referred to in the preceding paragraph.

Art. 118. – When the transport costs to be incurred exceed the financial possibilities of the victim or his dependents, they are borne directly by the Fund.

Art. 119. – Living expenses correspond to meal and sleeping expenses, the amount of which depends on the real wages of the victims and certain minima and maxima.

The rates for reimbursement of these costs are set according to the collective agreement to which the victim belongs.

Art. 120. – The compensatory allowance for loss of salary is due during the interruption of work necessary for the displacement and is equal to the daily allowance.

The beneficiaries and the persons referred to in Article 115, 2°, 3° and 4°, also receive this compensation, unless the loss of salary suffered is greater than the compensation calculated on the basis of the salary of the victim. In this case, the damage suffered shall give rise to reimbursement within the limit of the ceiling provided for in article 67 of this law.

The third person provided for in article 85 of this law cannot claim this indemnity.

Art. 121. – Reimbursement of travel expenses is made on presentation of supporting documents, in particular:

1° the summons or the medical certificate justifying the trip. In this case, the medical certificate must state that it is impossible to consult the specialist or to receive the necessary treatment on site;

2° the transport ticket or the receipt issued by the companies which require the transport ticket on arrival;

3° the attestation of the appearance before the investigator or the qualified specialist, or the attestation of the treatment undergone, of the supply, renewal or repair of the prosthetic devices.

This certificate mentions the duration of the expertise of the control, the treatment, the immobilization, which justifies the duration of the absence. A visa on the summons, a medical certificate, a hospital ticket or any other equivalent document may serve as proof.

4° the pay slip for reimbursement of the indemnity provided for in Article 115.

5° penalties:

Art. 122. – Will be punished by a fine of 10,000 to 50,000 francs and imprisonment from 6 days to one month or one of these two penalties only, any employer who has failed to make a declaration of accident or occupational disease.

In case of recidivism, the fine will be from 20,000 to 100,000 francs and imprisonment from 15 days to 6 months.

Art. 123. – Any person who knowingly makes a false declaration of an accident on the work or occupational disease.

In case of recidivism, the fine will be from 40,000 to 200,000 francs and imprisonment from fifteen days to six months.

Art. 124. – Will be punished with a fine of 75,000 to 200,000 francs, anyone who has influenced or attempted to influence a person witnessing an accident at work in order to alter the truth and this, without prejudice to the penalties provided for in articles 357, 358 and 359 of the Penal Code.

Art. 125. – Will be punished by a fine of 3,000 to 20,000 francs and, in the event of recidivism, a fine of 20,000 to 75,000 francs and imprisonment for six days to three months, or one of these two penalties only, any employer who does not declare, within one month, to the competent labor and social security inspector, the work processes he uses and which can cause the occupational diseases defined by the regulations.

Art. 126. – An increase in contributions of 10 to 100% may be imposed on any employer who does not comply with the preventive measures, or who has recorded in the quarter in question a number of accidents at work equal to or greater than 10% of the workforce of his establishment.

Chapter 4

Prevention of accidents at work and occupational diseases

Art. 127. – The Social Security Fund establishes each year, in collaboration with the Department of Labor and Social Security, an occupational risk prevention program, subject to the approval of the Board of Directors.

The implementation of the prevention policy is ensured by a special fund called the <Fund for the prevention of occupational risks>.

Art. 128. – Within the framework of this program, the Fund, in collaboration with the labor services, must:

1° to collect, for the various categories of establishments, all information making it possible to establish statistics of accidents at work and occupational diseases, taking into account their causes and the circumstances in which they occurred, their frequency and their effects, in particular safety and the extent of resulting disabilities;

2° to carry out or have carried out any investigations deemed useful with regard to the health and social condition, the health and safety conditions of the workers;

3° verifying whether employers observe the hygiene and prevention measures provided for by the regulations in force;

4° to use all means of publicity and propaganda to make known, both in companies and among the population, prevention methods;

(5) promote, by subsidies or advances, the teaching of prevention.

Art. 129. – The Fund may grant subsidies or advances in order to:

1° to reward any initiative in terms of prevention, health and safety;

2° to study and facilitate the implementation of arrangements intended to ensure better protection of workers;

3° to create and develop institutions, works or services the aim of which is to encourage and perfect methods of prevention, rehabilitation and re-education, health and safety conditions and, more generally, health and social action.

The labor and social security inspector and the Social Security Fund may invite any employer to take all justified preventive measures.

Art. 130. – In each workshop or building site, it will be plastered, by the care of the heads of the company and in a visible way, a poster intended to draw the attention of the workers on the essential provisions of the regulations as regards accidents at work. and occupational diseases.

Art. 131. – With a view to the extension and revision of the tables, doctors are required to declare to the Fund and to the labor inspectors any illness which in their opinion is of an occupational nature, whether or not it is mentioned in the tables. aforementioned.

The declaration indicates the nature of the harmful agent to whose action it is attributed, as well as the profession of the patient.

TITLE III

FUNDING

Art. 132. – The financing of the social security system as well as the management costs of the Social Security Fund are provided for each branch of social security by:

1° the contributions paid by the natural or legal persons who are required to do so by the texts in force as well as the increases which could be applied to them;

2° income from investments;

3° subsidies, donations and legacies;

4° all other sums which are due to the Caisse de Sécurité Sociale under specific legislation or regulations.

Art. 133. – The financing of the Health and Social Action Fund and the financing of the Prevention Fund are ensured respectively by an endowment of the branches of family benefits and accidents at work and occupational diseases. The rates of these allocations are fixed by decree.

Art. 134. – Contributions are payable by employers of salaried personnel in accordance with article 1 of this law as well as employers of personnel referred to in article 1 of this law.

Art. 135. – The contributions referred to above relate to all remuneration or earnings received by the beneficiaries of each of the branches considered.

Art. 136. – With the exception of professional expenses, representative allowances for the reimbursement of expenses and family allowances, all sums paid or due to the worker in return for or on the occasion of work, in particular wages, are considered as remuneration. or earnings, paid leave allowances, allowances, bonuses, gratuities and all other benefits in cash and in kind, as well as sums received directly or by the company of a third party as tips.

Art. 137. – The amount of wages or earnings to be taken as the basis for calculating contributions may not, under any circumstances, be less than the guaranteed interprofessional minimum wage.

Remuneration exceeding 720,000 francs per year, i.e. 60,000 francs per month, is only retained for this amount.

The elements of remuneration paid occasionally at irregular intervals or different from the periodicity of pay, enter into the basis of contributions.

The flat-rate assessment of benefits in kind and tips is carried out as for taxes.

Art. 138. – For persons who are not remunerated or who do not receive normal remuneration, the contribution is calculated on the guaranteed interprofessional minimum wage. Remunerations that are higher than the minimum wage serve as the basis for calculating contributions.

Art. 139. – The contributions due by the employers must be paid:

Ω in the first fifteen days of each month if the employer employs twenty or more employees;

Ω in the first fifteen days of each quarter if the employer employs less than twenty employees.

The competent authority may determine the conditions under which and the procedures according to which one or more recovery unions may replace social security institutions both for the recovery of contributions due by employers and workers, as well as for voluntary insured persons, only for control and litigation of recovery.

Art. 140. – Employers must provide proof of their contribution payments with a quarterly nominative statement of salaries paid to their staff.

This personal statement of wages paid by employers is drawn up on a special form issued by the Social Security Fund within the time limits indicated in the article above;

Art. 141. – Contributions are immediately payable in the event of the transfer or cessation of a trade or industry or in the event of the complete cessation of employment of salaried workers.

Art. 142. – The rates of contributions for the branch of family benefits are set at 6 per cent of the remuneration defined by this law.

Art. 143. -The rates of contributions for the branch of accidents at work and occupational diseases are set at 1, 3 and 5 per cent of the above remuneration, according to the scale attached to this law.

Art. 144. – Non-payment of contributions within the time limits provided for in Article
139 is subject to a late payment surcharge of 10 per cent per month or fraction of a month of delay of the sums due.

Art. 145. – Partial or total discounts may be granted by the Board of Directors with regard to increases for late payment of contributions, at the request of the employer establishing good faith or force majeure. The Board’s decision must be reasoned.

The request does not suspend payment of late payment surcharges.

Art. 146. – The costs of payment of contributions and surcharges for late payment are borne by the paying parties.

Art. 147. – When the remuneration serving as the basis for calculating the contributions has not been declared to the Social Security Fund, or if these declarations are found to be inaccurate, the amount of the remuneration is fixed as follows:

Ω in the case where the employer has never made a declaration of remuneration, the assessment is based on the salary rate practiced in the profession and in the place considered; the duration of the employment is determined according to the declarations of the interested parties or by any other means of proof.

Ω in the case where the employer has never made a declaration of remuneration, the assessment is based on the salary rate practiced in the profession and in the place considered; the duration of the employment is determined according to the declarations of the interested parties or by any other means of proof;

Ω in the case where the employer has already made declarations of remuneration,
the previous declaration is increased by 70 per cent for the determination of the contributions due until it is possible to carry out the calculation on an actual basis.

Art. 148. – Any employer who has not complied with the obligation of the quarterly nominal declaration of wages paid provided for in article 140 may be condemned, subject to the provisions of article 149 relating to formal notice, to a penalty payment amounting to 1 per cent of the amount of the undeclared sums per day of delay.

Art. 149. – Any action or prosecution for recovery of contributions and other sums due of the same nature must be preceded by formal notice, by registered letter with acknowledgment of receipt from the director of the Social Security Fund, inviting the employer to regularize his situation within a period of between fifteen days and three months.

Art. 150. – If the formal notice has no effect, the Director of the Social Security Fund may bring a civil action by issuing a constraint which is approved and made enforceable within five days by the president of
the labor court of Dakar.

This constraint is served by an administrative agent specially appointed for this purpose. It can validly be sent by registered letter with acknowledgment of receipt. It is executed under the same conditions as a judgment.

The execution of the constraint may be interrupted by reasoned opposition,
formed by the debtor, by registration with the secretariat of the court within fifteen days from the service provided for in the second paragraph of this article.

Art. 151. – In the event of opposition, the president of the labor court of Dakar summons the parties to appear in the forms provided for in article 213 of the Labor Code.

The president of the court makes an attempt at conciliation. Articles 214,216 (paragraph 2), 219 (paragraph 2 and 3) and 220 of the Labor Code are applicable.

In the event of non-conciliation, the president of the court rules in chambers.

The decision of the president of the court is not subject to opposition.

The secretary of the labor court notifies the decision to each of the parties within eight days by registered letter with acknowledgment of receipt.

The president of the court can order the provisional execution of all his decisions.

Art. 152 – The appeal of the decisions of the president of the labor court of Dakar can be lodged by each of the interested parties within fifteen days
of the notification.

The appeal is introduced by oral or written statement made to the secretariat of the labor court. It is sent, within a week, to the appeal court, with a copy of the judgment and the letters, briefs and documents filed by the parties in first instance and on appeal.

The appeal is judged on parts. However, the parties may request to be heard; in this case, articles 214 and 215 of the Code are applicable. The president summons, if necessary, the witnesses as well as any person whose testimony he deems useful for the settlement of the dispute.

The clerk of the appeal court notifies the decision within eight days to each of the parties, by registered letter with acknowledgment of receipt.

Art. 153 – The procedure initiated in first instance before the labor court and on appeal before the court of appeal is free of charge.

Art. 154 – Civil action for the recovery of contributions and other sums due by the employer, brought independently or after termination of the public action, is prescribed by five years, from the expiry of the period following the formal notice.

Art. 155 – The payment of the contributions is guaranteed for five years from their due date by a lien on the movable and immovable property of the debtor. This privilege ranks after that of wage claims defined in articles 117 and following of the Labor Code.

Art. 156 – The fines are applied as many times as there are workers for whom the payments have not been or have only been partially made, without the amount of the fines imposed on the same offender being able to exceed 50 times the maximum rate of fines provided; these fines are imposed without prejudice to the condemnation of the offender, by the same judgment and at the request of the civil party, to the payment of the sum representing the contributions for which the payment was his responsibility, increased by the delay increases, and the judgments can make the subject of the appeal under the conditions provided for by common law.

Art. 157 – The limitation period for public action begins to run from the expiry of the period following the formal notice provided for in article
149; this period is set at one year.

TITLE IV

MISCELLANEOUS

Art. 158 – The control of the application of this law is ensured by the labor and social security inspectors in accordance with the Labor Code.

Art. 159 – Employers are required to receive at any time, during the working hours of the establishment, the approved agents of the Social Security Fund. They must submit to requests for information
and inquiries relating to their obligations with regard to the Social Security Fund referred to
them by these agents.

Art. 160 – Notwithstanding the actions that may be brought before the courts, disputes arising between workers, employers and the Social Security Fund, on the occasion of the application of this law, may be submitted to the Board of Directors of the box.

Art. 161 – Unless otherwise provided by law, the labor courts have jurisdiction to hear disputes arising from this law.

They remain competent even when a community or a public establishment is in question, and they can rule without it being necessary for the parties to observe, in the event that there are any, the prior formalities which are prescribed. before a lawsuit can be brought against these legal persons.

Art. 162 – Unless otherwise provided by law, the competent court is that of the place of employment. However, in matters of industrial accidents, the competent court is that of the place where the establishment to which the victim belongs is located; if it is located outside the national territory, the competent court is that of the place where the employer has, in Senegal, his main establishment.

Art. 163 – The rules of procedure applicable before the labor courts are those provided for in Title VIII, Chapter 1 of the Labor Code.

Art. 164 – The benefit of legal aid is granted to recipients, to victims of accidents at work and to their beneficiaries and to recipients of benefits, in first instance and on appeal.

The benefit of legal aid extends to all acts of execution of movable and immovable property, and to any dispute relating to the execution of judicial decisions.

Art. 165 – The funds of the Caisse de Sécurité Sociale are unseizable and no objection can be made to the sums due to this establishment. Creditors holding enforceable titles, in the absence of a decision by the board of directors to ensure their payment, may appeal to the supervising Minister and to the Minister of Finance.

Art. 166 – Daily allowances are transferable and seizable only within the limits set by article 381 of the Code of Civil Procedure.

The other cash benefits are non-transferable and unseizable.

However, the Social Security Fund may deduct from the services coming due, and within the maximum limit of a quarter of these services, the sums unduly paid, until total recovery of these. Excess provisions or advances on benefits are treated as undue amounts.

Art. 167 – Family benefits are prescribed after twelve months from their due date.

Art. 168 – Entitlements to work accident and occupational disease benefits are time-barred after two years, counting as the case may be:

Ω of the day of the accident;

Ω of the day the survey was closed or

Ω of the day of cessation of payment of the daily indemnity.

In terms of occupational disease, the first medical observation is assimilated to the date of the accident.

Art. 169 – Will be punished by a fine of 3,000 to 20,000 francs and, in the event of a repeat offense, a fine of 20,000 to 75,000 francs and imprisonment for six days to three months, or one of these two penalties only, any employer who, within one month from the first recruitment of the worker, will not be affiliated to the Social Security Fund.

Art. 170 – Will be liable to the penalties provided for in article 379 of the Penal Code any person who, in any capacity whatsoever, is guilty of fraud or misrepresentation to obtain or attempt to obtain or cause to be obtained benefits which are not due.

Art. 171 – Articles 135, 136 and 152 to 155 of the Criminal Code are applicable to directors, managers and any other agent of the Social Security Fund who have committed fraud, either in writing or in fund management, or who are guilty of embezzlement.

Art. 172 – Are null or void, the obligations contracted for remuneration of services towards intermediaries who undertake, subject to emoluments agreed in advance, to ensure to the workers or to their dependents, the benefit of benefits in cash or in nature provided for by this law.

Art. 173 – Will be punished by a fine of 75,000 to 200,000 francs;

a) any intermediary convinced of having offered the services specified in Article 172;

b) Any employer who has made deductions from the salary of his staff in respect of contributions for family benefits or accidents at work and occupational diseases.

Art. 174 – Will be punished with a fine of 50,000 to 100,000 francs and imprisonment for three months, or only one of these two penalties, any person who opposes or attempts to oppose the execution obligations or the exercise of the powers incumbent on labor and social security inspectors and controllers.

Will be punished with the same penalties any person who opposes the mission of agents of the Social Security Fund duly authorized.

Art. 175 – There is a recidivism within the meaning of this law when, in the two years prior to the act prosecuted, the offender has already been convicted for an identical contravention.

Art. 176 – Violations of the provisions of this law are recorded by the officers of the judicial police or by the labor and social security inspectors in a report which is authentic until proven otherwise.

Art. 177 – Minutes, certificates, deeds of civil status and notoriety, notifications, judgments and other deeds made or rendered under and for the execution of this law and its implementing decrees, are issued free of charge, endorsed for stamp and registered free of charge when there is a registration formality. They must expressly refer to this article and mention it.

Art. 178 – The nomenclature and texture of the forms to be used to establish the right to benefits are fixed by the Social Security Fund after consultation with the supervising Minister.

Art. 179 – Are exempted from the stamp duty, posters, printed matter and others, affixed by the Social Security Fund, having for exclusive object the popularization of the legislation, as well as the publication of the reports and the operating conditions of the said Fund.

Art. 180 – The charges for correspondence intended for the Social Security Fund are borne by it under the conditions set by decree.

Art. 181 – Decrees will fix the conditions of application of this law.

Art. 182 – All contrary provisions are repealed and in particular decrees n°s 57-245 and 57-246 of February 24, 1957, 60-133 of March 13, 1960, 69-1209 of November 7, 1969, deliberations n°s 58 –
034 of January 24, 1958, 58-070, 58-073, 58-04 and 58-077 of November 20, 1958 of the Territorial Assembly of Senegal, and decrees n°s 5345 ITLSSM of July 22, 1954, 7083 ITLSSM of December 5 1955, 7632 ITLSSM of December 29, 1955, 1329 ITLSSM of February 27, 1956, 8514 MTAS of September 30, 1958, 9589 MTAS of November 14, 1958, 9591 MTAS of November 14, 1958 and 10240 MTAS of December 10, 1958.

Art. 183 – Notwithstanding the provisions of amended Law No. 70-14 of 6 February
1970 setting the rules for the applicability of laws, administrative acts of a regulatory nature and administrative acts of an individual nature, this law shall enter into force as of July 1, 1973.

This Act shall be enforced as state law. Done in Dakar, July 31, 1973.

By the President of the Republic: The Prime Minister

SCALE

USED ​​TO DETERMINE THE REPRESENTATIVE CAPITAL OF WORK ACCIDENT ANNUITIES
I. Life annuities

Victims of the accident, spouse and ascendants

Age at incorporation

Price of a life annuity 1fr.

Age at incorporation

Price of a life annuity 1fr.

 

16 years old………..
17 years old………..
18 years old………..
19 years old……… ..
20 years old………..
21 years old………..
22 years old………..
23 years old……. ….
24 years old………..
25 years old……….
26 years old…………..
27 years old…… …..
28 years old………
29 years old
30 years old
32 years old
31 years old
33 years old
34 years old
35 years old
36 years old
37 years old
38 years old
39 years old
40 years old
41 years old
42 years old
43 years old
44 years old

 

17.903
17.815
17.733
17.656
17.582
17,511
17,439
17,364
17,284
17,196
17,100
16,996
16,884 16,764
16,639
16.508
16,370 16,227
16.076 15.919 15,754 15,582

15,404
15,219
15,029
14,833
14,630
14,419
14,201

 

45 years
46 years
47 years
48 years
49 years
50 years
51 years
52
years 53 years
54 years
55 years
56 years
57 years
58 years
59 years
60 years
61 years
62 years
63 years
64 years
65 years
66 years 67
years
68
years
old
69 years old 70 years old 71 years old
72
years old 73 years old

 

13.975
13.741
13,500
13,255
13.006
12,754
12,501
12,245
11,987
11.725
11,459
111,187
10.910
10.628
10.340
10.047
9.749
9.446
9.139
8.829
8.204
_
7.892
7.581
7.272
6.967
6.665
6.369
6.078

 
 

Age at incorporation

Price of a life annuity 1fr.

Age at incorporation

Price of a life annuity 1fr.

 

74
75
76
77
78
79
80

81
82
83
84
85
86

 

5.791 5.519
5.251

4.993
4.504
4.274

4.053
3.812
3.042
3.455
3.283
3.125

 

87
88
89
90
91
92
93

94
95
96
97
98
99
100

 

2.981
2.852
2.733
2.623
2.544
2.404
2.285

2.160
2.019
1.867
1.697
1.503
1.217
0.951

II. Temporary annuities

Children and descendants

Age

Price of an annuity franc

Age

Price of an annuity franc

 

0 to 3 years
4 years
5 years
6 years
7 years
8
years 9 years

 

10
9.2
8.6
8
7.4
6.7
6

 

10
11
12
13
14
15

 

5.3
4.5
3.7
2.8
1.9
1

NB – The age to be taken into consideration for the application of the rates is given by the difference between the vintages of the year of payment and the year of birth of the beneficiary.

Scale of contribution rates for the branch of accidents at work and occupational diseases

Pursuant to Article 143 of the Social Security Code, the rates of contributions for the branch of accidents at work and occupational diseases are set as follows, according to the main activity and by establishment:

CATEGORY I. – 5%

Ω sea and river port handling

Ω road and air transport (aircrew);

Ω sea and river navigation;

Ω extractive industries and mineral exploration;

Ω buildings and public works;

Ω manufacture of raw materials by building (lime, cement, agglomerates, concrete, plaster, etc.)

Ω construction and installation of metal structures;

Ω installation and repair of all installations adjoining buildings (painting, renovation, sanitary and electrical installations, glazing, tiling, etc.);

Ω metallurgy; general mechanic ; construction and repair workshops;

Ω manufacture of explosives;

Ω manufacture of tobacco and matches;

Ω manufacture of liquefied, dissolved or solidified combined gases. CATEGORY II. – 3%

Ω wood industry; Ω cattle slaughter; Ω refrigeration industries;

Ω food industries

Ω chemical industries and fatty substances;

Ω water, gas and electricity industries (except for the installation of installations adjoining buildings);

Ω wholesale, semi-wholesale and warehouses with transport and handling of all products (except port handling);

Ω service station;

Ω retail trade with transport and delivery;

Ω branches and dyeworks;

Ω hides and skins industries;

Ω printing works;

Ω agriculture with use of mechanical machinery

Ω rail transport;

Ω maintenance and cleaning. CATEGORY III. – 1%

Ω garage without vehicle repair;

Ω agriculture without the use of mechanical machinery

Ω hygiene and health;

Ω housekeepers;

Ω liberal professions;

Ω operation of performance halls

Ω hotels, restaurants, bars, dance halls;

Ω education, vocational training and apprenticeship;

Ω banks, insurance, loans;

Ω real estate, travel, security, representation, brokerage commission and formalities agencies;

Ω design and publishing offices;

Ω retail without transport or delivery;

Ω public services, public authorities, administration;

Ω penal labor carried out directly;

Ω students in technical education establishments, apprenticeship and vocational training centres;

Ω diplomatic and consular representations;

Ω international organizations


Official Journal of the Republic of Senegal


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