63.5
61
Limited Access to
Decent Work
20
100
40
25
80
100
60
60
100
50
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | No | 0 | §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? | Yes | 1 | §207-226 & 309 of the Labour Code, 1998 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | No | 0 | §147 of the Labour Code, 1998 |
| Does the law require additional compensation for working on a weekly rest day? | No | 0 | §147 of the Labour Code, 1998 |
| Does the law require additional compensation for night work? | No | 0 | §147 of the Labour Code, 1998 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | §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? | Yes | 1 | §142 and 145 of the Labour Code, 1998 |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §156 of the Labour Code 1998, §1-4 of the Order on weekly rest period |
| 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) |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §158-165 of the Labour Code 1998 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | No | 0 | §9-12 of the Labour Code 1998 |
| 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) |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | Yes | 1 | §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? | Yes | 1 | §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? | No | 0 | §28 of Collective Labour Agreement 2005 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| Does the law require at least one week of paid paternity leave for fathers? | No | 0 | §54 of the Collective Labour Agreement, 2005 |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid nursing breaks? | Yes | 1 | §173 of the Labour Code 1998 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid maternity leave of at least 14 weeks? | Yes | 1 | §170 of the Labour Code 1998 |
| Does the law require cash maternity benefit be at least 67% of a worker's former wage? | Yes | 1 | §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? | Yes | 1 | §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? | Yes | 1 | §171 of the Labour Code 1998, §55 of Collective Labour Agreement 2005 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §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? | Yes | 1 | §183 of the Labour Code 1998 |
| 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 |
| Does the law provide for employment injury benefit? | Yes | 1 | Social Security Code 2003; ISSA Country Profile for Benin |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | Social Security Code 2003; ISSA Country Profile for Benin |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | Social Security Code 2003; ISSA Country Profile for Benin |
| Does the law provide for unemployment benefit? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid sick leave for the first 6 months of sickness? | No | 0 | §38 & 53 of the Labour Code 1998; §9 & 22 of the Collective Labour Agreement 2005 |
| Does the law provide for invalidity benefit? | Yes | 1 | Social Security Code 2003 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | Yes | 1 | §126 & 208 of the Labour Code 1998; §61 of the Collective Labour Agreement 2005 |
| 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 |
| 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) |
| Does the law allow women to do the same jobs as men? | No | 0 | §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? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §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? | Yes | 1 | §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? | Yes | 1 | Decret No 2011-029; §212-215, 227 & 353 of Children Code, 2015; §1, Hazardous Occupations List 2006 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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 2021 |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §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? | No | 0 | §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? | Yes | 1 | No violative legal provisions could be located |
