Fixed-term contracts in Senegal: duration, renewal and pitfalls to avoid

Fixed-term contracts (CDD) are widely used by Senegalese SMEs to cope with peaks in activity or to test a new position. But if poorly drafted or poorly monitored, they expose the company to reclassification as a permanent contract (CDI) and to litigation. Here are the key points to master.

1. A contract that must be in writing

A fixed-term contract must be in writing and clearly state its end date or the event that will end it. Without a written contract, it is presumed to be permanent. Remember to state the reason for using it, the position, the pay, any probation period and the applicable collective agreement.

2. A limited duration

As a general rule, the Senegalese Labour Code limits a fixed-term contract to two years. Beyond that, or if the employee stays on after the end date without a new contract, the employment relationship continues as a permanent contract.

3. Regulated renewal

The principle is simple: a fixed-term contract can only be renewed once, and the same employee cannot have more than two consecutive fixed-term contracts with the same company. Some situations are subject to specific rules (daily or seasonal work, certain specific contracts): always check your particular case.

Key takeaways

  • A fixed-term contract must always be in writing.
  • Standard maximum duration: two years.
  • Only one renewal, and no more than two fixed-term contracts with the same employee.
  • Exceeding these limits leads to reclassification as a permanent contract.

4. The most common pitfalls

  • The “tacitly renewed” contract : the employee keeps working after the end date without an amendment.
  • A vague reason : using a fixed-term contract to fill a permanent position on a lasting basis is risky.
  • Back-to-back contracts : stacking fixed-term contracts on the same position to avoid hiring permanently.
  • Forgetting the end of the contract : end-of-contract documents (certificate of employment, final settlement) not handed over.

5. Our practical advice

Keep a tracking table of all your fixed-term contracts with their end dates and set an alert one month before each contract ends. This gives you time to decide: end the contract, renew it or hire permanently.