Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
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LRI 2024
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Benin

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Benin’s overall score is 65.5 out of 100. The overall score for Benin is equal to the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

Benin ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1968.

Labour Rights Index 2024

65.5/100

LRI Country Score

50/100

Freedom of Association Indicator

. %

Trade union density rate (%)

. %

Collective bargaining coverage rate (%)

0.87

SDG indicator 8.8.2

4

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§31of Constitution1990; §79-84 of Labour Code 1998; USDOS CRHRP 2023 (Benin)

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§6 of Decree No. 2006-132 of 29 March 2006; ITUC Global Rights Index 2024 (Benin Profile)

C

Does the law provide for the right to strike?

No

0

ILO CEACR, C87, Obs, 2023; ITUC Global Rights Index 2024 (Benin Profile); USDOS CRHRP 2023 (Benin)

B,C,D

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

No violative legal provisions could be located

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §31of Constitution1990; §79-84 of Labour Code 1998; USDOS CRHRP 2023 (Benin)

Information

Source: §6 of Decree No. 2006-132 of 29 March 2006; ITUC Global Rights Index 2024 (Benin Profile)

C : ITUC

ITUC Global Rights Index (country legal profile)

"Article 6 of Decree No. 2006-132 of 29 March 2006 on defining the different forms of trade unions and the criteria of representativity provides that in order to be representative, the enterprise level union must obtain at least 40 per cent of the votes cast at the staff elections."

Information

Source: ILO CEACR, C87, Obs, 2023; ITUC Global Rights Index 2024 (Benin Profile); USDOS CRHRP 2023 (Benin)

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"The Committee notes that the exercise of the right to strike is subject to certain conditions of duration. Strikes may not exceed ten days in any one year; seven days in a six-month period; and two days in the same month. Regardless of the duration, the stoppage of work during a day shall be considered as a full day of strike action (new section 13). The Committee considers that workers and their organizations should be able to call a strike for an indefinite period if they so wish (see the 2012 General Survey, paragraph 146)."

C : ITUC

ITUC Global Rights Index (country legal profile)

"All collective disputes must be referred to the relevant authorities in accordance with Chapter 3 of Part VI of the Labour Code. The authorities (either the labour inspector, for local disputes, or the Director of Labour, for interregional disputes) must, in turn, seek to conciliate the dispute and, if not resolved, refer the matter for arbitration (sections 253, 254 and 260, Labour Code).There are no time limits imposed on these proceedings. A strike may not be declared while the dispute is before the inspector or Director of Labour (section 264, Labour Code)."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law imposed compulsory conciliation and binding arbitration in the event of disputes during collective bargaining in all sectors, “nonessential service” sectors included."

Information

Source: No violative legal provisions could be located