Whether your company is based in Europe, the Americas, Asia or elsewhere in Africa, Senegal can be a key step in your development. For an on-site mission, you will probably want to send a trusted employee while keeping his or her original employment contract. This is possible, provided the assignment is properly prepared.
Keeping the original contract: which set-up?
The employee can remain bound to the original employer during the mission in Senegal. In practice, the contract is often supplemented by an amendment or an assignment letter specifying the duration, place, working conditions and remuneration. If the employee works for a local subsidiary or partner, a secondment agreement (convention de mise à disposition) may also be required. The right set-up depends on your organisation and the length of the mission.
Complying with Senegalese labour law
Even if the original contract is maintained, an employee working in Senegal remains subject to certain local rules: Senegalese provisions on working time, leave and health and safety may apply. The contract of a foreign worker must also be submitted for approval (visa) by the labour administration.
Social security: it depends on your country
Senegal has signed social security agreements with certain countries only. If your country is one of them, the employee may, under conditions, remain affiliated to the home scheme. Otherwise, affiliation to the Senegalese bodies may be mandatory. This must be checked before departure, as it directly affects the cost of the mission.
The employee’s taxation
The length of the mission and the employee’s place of residence often determine where income is taxed. The existence of a tax treaty between your country and Senegal also plays an important role. An upstream analysis avoids double taxation and unpleasant surprises.
Residence and work permits
The employee must hold the documents required to enter, stay and work legally in Senegal. The procedures vary depending on nationality and the length of the mission: it is best to start them early.
Local support, whatever your country
Our Dakar office, Legal Field SN, assists foreign companies from all over the world with posting their employees to Senegal:
- analysis and choice of the contractual set-up;
- drafting of the amendment or secondment agreement;
- validation of the contract with the Senegalese authorities;
- advice on social security and taxation;
- residence and work permit procedures.
Need help with your application?
FATOU BABOU AVOCAT assists employees, entrepreneurs, investors and companies with every step of business immigration to France: eligibility analysis, preparation of the application, follow-up with the consulate or the prefecture, and appeals in the event of refusal.
- Bordeaux office: 11 rue Galin, 33100 Bordeaux, France – +33 9 85 40 18 64 – contact@legalfb-avocat.fr
- Dakar office: 14 rue Woro Fila, Fann Hock, Dakar, Senegal – +221 77 173 69 05 / +221 33 844 29 16 – contact@fbavocat-sn.com
This article is for general information only and does not constitute legal advice. Rules and amounts change regularly: always check your own situation with a lawyer.