65.5
63.5
61
Limited Access to Decent Work
40
100
40
25
80
100
60
60
100
50
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §30 of the Constitution of the Republic of Benin 1990; §210, 266 & 302 of the Labour Code, 1998 |
Score on the Minimum Wage component improved due to revision of minimum wage after 1 January 2022.
|
| Does the law require regular and timely payment of wages? | Yes | 1 | §207-226 & 309 of the Labour Code, 1998 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | No | 0 | §147 of the Labour Code, 1998 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §147 of the Labour Code, 1998 | No Change |
| Does the law require additional compensation for night work? | No | 0 | §147 of the Labour Code, 1998 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §141-148 of the Labour Code 1998; §66 of Collective Labour Agreement 2005 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §142 and 145 of the Labour Code, 1998 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §156 of the Labour Code 1998, §1-4 of the Order on weekly rest period | No Change |
| Does the law require paid public holidays? | Yes | 1 | Act on Holidays, 1990 (No. 90-019) & Act on the Annual Holiday for Traditional Religions, 1997 (No. 97-031) | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §158-165 of the Labour Code 1998 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | No | 0 | §9-12 of the Labour Code 1998 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §12-18 of the Labour Code 1998; §11-15 & 22-25 of Hiring, Workforce Placement and Termination of the Employment Contract Law, 2017 (Loi n°2017‐05 du 29 août 2017) | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §19-22 of the Labour Code 1998; §9 of the Collective Labour Agreement 2005 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §41-57 of the Labour Code 1998, §31 of Collective Labour Agreement 2005 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | §28 of Collective Labour Agreement 2005 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | §54 of the Collective Labour Agreement, 2005 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §173 of the Labour Code 1998 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §170 of the Labour Code 1998 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §170 of the Labour Code 1998, §49-50 of Social Security Code 2003 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §170 of the Labour Code 1998, §49-50 of Social Security Code 2003 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §171 of the Labour Code 1998, §55 of Collective Labour Agreement 2005 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §182 of the Labour Code 1998, §4, 29-36 & 94-104 of the Arreté n. 22 of 19th April 1999 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §183 of the Labour Code 1998 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §55 of the Collective Labour Agreement 2005 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | Social Security Code 2003; ISSA Country Profile for Benin | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | Social Security Code 2003; ISSA Country Profile for Benin | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | Social Security Code 2003; ISSA Country Profile for Benin | No Change |
| Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §38 & 53 of the Labour Code 1998; §9 & 22 of the Collective Labour Agreement 2005 | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | Social Security Code 2003 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §126 & 208 of the Labour Code 1998; §61 of the Collective Labour Agreement 2005 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | Loi n° 2006-19 du 17 juillet 2006 portant répression du harcèlement sexuel et protection des victimes | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §26 of the Constitution, 1990; §4-5 & 31 of the Labour Code 1998; §215 & 227 of Children Code (Loi n° 2015-08) | No Change |
| Does the law allow women to do the same job as men? | No | 0 | §168 of the Labour Code 1998; Ministerial Order No. 132/MFPTRA/MSP/DC/SGM/DT/SST of 2 November 2000 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §153-155 & 166 of the Labour Code 1998; loi de 2006; §210 of Children Code (Loi n° 2015-08) | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §24, Education Act, 2003; §4, Law on the Prevention of Violence Against Women, 2012 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | Decret No 2011-029; §212-215, 227 & 353 of Children Code, 2015; §1, Hazardous Occupations List 2006 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §3 & 303, Labour Code, 1998; §212 & 353 of the Child Code, 2015; §4, Law on Trafficking, 2006 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| 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) | No Change |
| 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) | No Change |
| Does the law provide the right to strike? | No | 0 | ILO CEACR, C87, Obs, 2023; ITUC Global Rights Index 2024 (Benin Profile); USDOS CRHRP 2023 (Benin) | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | No violative legal provisions could be located | No Change |