Benin

Back
Download Country Profile

2022 Score

63.5

Score Increase

2020 Score

61

Rating

Limited Access to
Decent Work

Fair
Wages

20

Decent
Working Hours

100

Employment
Security

40

Family
Responsibilities

25

Maternity
at Work

80

Safe
Work

100

Social
Security

60

Fair
Treatment

60

Child &
Forced Labour

100

Trade
Union

50

1. Fair Wages
2. Decent Working Hours
3. Employment Security
4. Family Responsibilities
5. Maternity at Work
6. Safe Work
7. Social Security
8. Fair Treatment
9. Child & Forced Labour
10. Trade Union

Fair Wages

QuestionAnswerScoreLegal Basis
Does the law prescribe minimum wage rates in the country?No0§30 of the Constitution of the Republic of Benin 1990; §210, 266 & 302 of the Labour Code, 1998
Does the law require regular payment of wages?Yes1§207-226 & 309 of the Labour Code, 1998
Does the law require overtime compensation be at least 125% of the regular hourly rate?No0§147 of the Labour Code, 1998
Does the law require additional compensation for working on a weekly rest day?No0§147 of the Labour Code, 1998
Does the law require additional compensation for night work?No0§147 of the Labour Code, 1998

Decent Working Hours

QuestionAnswerScoreLegal Basis
Does the law stipulate general working hours as 48 hours or lower?Yes1§141-148 of the Labour Code 1998; §66 of Collective Labour Agreement 2005
Does the law restrict maximum working hours including overtime to 56 hours per week?Yes1§142 and 145 of the Labour Code, 1998
Does the law require a weekly rest of at least 24 hours?Yes1§156 of the Labour Code 1998, §1-4 of the Order on weekly rest period
Does the law require paid public holidays?Yes1Act on Holidays, 1990 (No. 90-019) & Act on the Annual Holiday for Traditional Religions, 1997 (No. 97-031)
Does the law require at least three working weeks of paid annual leave?Yes1§158-165 of the Labour Code 1998

Employment Security

QuestionAnswerScoreLegal Basis
Does the law require written employment contracts or at least written employment particulars?No0§9-12 of the Labour Code 1998
Does the law restrict the hiring of fixed-term contract workers?No0§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)
Does the law limit the length of probation period including renewals to a maximum of 3 months?Yes1§19-22 of the Labour Code 1998; §9 of the Collective Labour Agreement 2005
Does the law require a 30-day notice before contract termination?Yes1§41-57 of the Labour Code 1998, §31 of Collective Labour Agreement 2005
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?No0§28 of Collective Labour Agreement 2005

Family Responsibilities

QuestionAnswerScoreLegal Basis
Does the law require parental leave for parents?No0No applicable legal provisions could be located
Does the law require at least one week of paid paternity leave for fathers?No0§54 of the Collective Labour Agreement, 2005
Does the law require flexible work arrangements for workers with family responsibilities?No0No applicable legal provisions could be located
Does the law require paid nursing breaks?Yes1§173 of the Labour Code 1998

Maternity at Work

QuestionAnswerScoreLegal Basis
Does the law prohibits inquiring about pregnancy during recruitment?No0No applicable legal provisions could be located
Does the law require paid maternity leave of at least 14 weeks?Yes1§170 of the Labour Code 1998
Does the law require cash maternity benefit be at least 67% of a worker's former wage?Yes1§170 of the Labour Code 1998, §49-50 of Social Security Code 2003
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?Yes1§170 of the Labour Code 1998, §49-50 of Social Security Code 2003
Does the law protect workers from dismissals during or on account of pregnancy?Yes1§171 of the Labour Code 1998, §55 of Collective Labour Agreement 2005

Safe Work

QuestionAnswerScoreLegal Basis
Does the law require provision of free personal protective equipment to workers from employer?Yes1§182 of the Labour Code 1998, §4, 29-36 & 94-104 of the Arreté n. 22 of 19th April 1999
Does the law require the employer to train workers on health and safety issues?Yes1§183 of the Labour Code 1998
Does the law restrict work that is prejudicial to the health of the mother or the child?Yes1§55 of the Collective Labour Agreement 2005
Does the law provide for employment injury benefit?Yes1Social Security Code 2003; ISSA Country Profile for Benin

Social Security

QuestionAnswerScoreLegal Basis
Does the law provide for an old age pension?Yes1Social Security Code 2003; ISSA Country Profile for Benin
Does the law provide for a dependants'/survivors' pension?Yes1Social Security Code 2003; ISSA Country Profile for Benin
Does the law provide for unemployment benefit?No0No applicable legal provisions could be located
Does the law require paid sick leave for the first 6 months of sickness?No0§38 & 53 of the Labour Code 1998; §9 & 22 of the Collective Labour Agreement 2005
Does the law provide for invalidity benefit?Yes1Social Security Code 2003

Fair Treatment

QuestionAnswerScoreLegal Basis
Does the law require equal remuneration for work of equal value?Yes1§126 & 208 of the Labour Code 1998; §61 of the Collective Labour Agreement 2005
Does the law prohibit sexual harassment in employment?Yes1Loi n° 2006-19 du 17 juillet 2006 portant répression du harcèlement sexuel et protection des victimes
Does the law prohibit discrimination in employment matters?Yes1§26 of the Constitution, 1990; §4-5 & 31 of the Labour Code 1998; §215 & 227 of Children Code (Loi n° 2015-08)
Does the law allow women to do the same jobs as men?No0§168 of the Labour Code 1998; Ministerial Order No. 132/MFPTRA/MSP/DC/SGM/DT/SST of 2 November 2000
Does the law guarantee basic labour protections for gig economy workers?No0No applicable legal provisions could be located

Child & Forced Labour

QuestionAnswerScoreLegal Basis
Does the law prohibit employment of children?Yes1§153-155 & 166 of the Labour Code 1998; loi de 2006; §210 of Children Code (Loi n° 2015-08)
Does the law set employment entry age equal to or higher than the compulsory schooling age?Yes1§24, Education Act, 2003; §4, Law on the Prevention of Violence Against Women, 2012
Does the law prohibit the employment of children in hazardous work under the age of 18 years?Yes1Decret No 2011-029; §212-215, 227 & 353 of Children Code, 2015; §1, Hazardous Occupations List 2006
Does the law prohibit forced labour?Yes1§3 & 303, Labour Code, 1998; §212 & 353 of the Child Code, 2015; §4, Law on Trafficking, 2006

Trade Union

QuestionAnswerScoreLegal Basis
Does the law allow workers to form and join unions of their own choice?Yes1§31of Constitution1990; §79-84 of Labour Code 1998; USDOS CRHRP 2021
Does the law allow workers to bargain collectively with employers through their representative unions?No0§122-128 & 286-289 of Labour Code 1998; Loi N° 92-010 du 16 Juillet 1992; USDOS CRHRP 2021
Does the law provide for the right to strike?No0§264 of the Labour Code 1998; Loi n° 2001-09 portant exercice du droit de grèv; CEACR, C87, Obs. 2019
Does the law prohibit employers from terminating employment contracts of striking workers?Yes1No violative legal provisions could be located