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Written Agreements

A written contract may not extend beyond a period of 2 years and is renewable once. In Benin, the following types of employment contracts must be written:

• Apprenticeship contracts
• Fixed-term contracts exceeding 1 month
• Contracts for work outside of the employee’s habitual residence
• Contracts with immigrant employees
• Contracts including a stipulated trial period

The General Collective Labor Agreement states that any clause that prohibits employees from carrying out any activity upon the expiry of the contract is automatically void. Employees are generally prohibited from disclosing or using any information or skills acquired in the service of the employer to third parties.

Oral Agreements

The labor laws of Benin recognize verbal contracts of indefinite duration.

Implied Agreements

The labor laws of Benin recognize tacit contracts of indefinite duration. Certain implied terms are prevalent in every agreement (e.g., the entitlement of the employee to recover wages owed from the employer).

The maximum working time is 40 hours per week, with the exception of agriculture, where the legal limit is 2,400 hours per year. Workers employed for only part of the year may not work more than 50 hours per week.

• New Year’s Day - January 1
• Traditional Day - January 10
• Labor Day - May 1
• Independence Day (National Day) - August 1
• Assumption Day - August 15
• All Saints’ Day - November 1
• Christmas Day - December 25
• Easter Monday - date subject to change every year
• Pentecost Monday - date subject to change every year
• Ascension Day - date subject to change every year
• Ramadan - date subject to change every year
• Tabaski - date subject to change every year
• Maouloud - date subject to change every year

The probationary period for indefinite contracts must be included in a written agreement and may not exceed 15 days. This probationary period can be renewed only once for indefinite contracts and must be done in writing.

For fixed-term contracts, the trial period must be equal to 1 day per working week and cannot exceed a total period of 1 month for employees, workers, or laborers and 3 months for supervisors or managers. The trial period cannot be extended or renewed in the case of fixed-term contracts.

Notice Period

The Labor Code of Benin states that if a contract of employment is being terminated, notice must be given as follows by the party who initiates it:

• 15 days for employees paid by the hour
• 1 month for other employees and workers
• 3 months for supervisors and managers

Employees can be dismissed without notice in case of gross misconduct. Employees who are dismissed without notice for valid reasons are entitled to receive their remuneration including benefits in kind for the duration of notice.

Severance Benefits

Severance pay for individual dismissals is paid at the following rate: 30% of overall average monthly salary for each year of the first 5 years; 35% from the sixth to the tenth year inclusive; 40% per year beyond the tenth year.

For collective dismissals, the rate of severance pay is 35%, 40%, and 45%, respectively, for tenure, as above.

Employees dismissed due to gross misconduct are not entitled to receive severance benefits.

Minimum Wage

In Benin, the Council of Ministers revises the minimum wage by decree every 3 years or as needed.

Currently, the national minimum wage is XOF 52,000 (West African francs) per month for employees in the private sector.

Overtime, Holiday & Vacation Pay

Regular working hours may not exceed 40 hours per week. Any hours after that limit may be considered overtime and paid as follows:

• 112% of the regular hourly rate for 41st to the 48th hour
• 135% of the normal hourly rate beyond the 48th hour
• 150% of the normal hourly rate for Sundays and holidays

For additional night hours:

• 50% of the weekly hourly rate
• 100% of the hourly rate for Sundays and holidays

Visas

• Long-stay visa - issued to persons who wish to settle in Benin; valid for six to 12 months
• Short-stay-visa - issued for a short-term stay; valid for three months
• Long-term or short-term business visa - issued to persons who wish to stay in Benin for business activities; valid for three to 12 months
• Tourist visa - issued to persons visiting Benin for tourism; valid for three months

Nationals of the 15 member states of the Economic Community of West African States (ECOWAS) and the eight member states of the West African Economic and Monetary Union (UEMOA) can enter and travel in the country freely for three months.

Work Permits

According to the labor laws of Benin, a visa agreement with a foreign employee or immigrant is subject to the submission of a work permit issued by the Minister of Labor. The work permit is temporary, is valid for 12 months, and can be renewed several times. It must be presented by foreign employees when employed. A work permit can be denied, or its renewal can be refused when the professional qualification of the employee does not meet the needs of the national economy.