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All workers are entitled to 24 working days of paid annual leave, at the rate of 2 days per month, upon completion of 1 year's service. Annual leave increases with the length of service, at the following rate:

• By 2 working days after 20 years of continuous service in the same company
• By 4 working days after 25 years of service
• By 6 working days after 30 years of service

The cumulative duration of leave may not exceed 30 working days for 12 months of work. The leave has to be taken in the following 12 months.

Young employees under the age of 18 are entitled to 30 days, and those under 21 years are entitled to 24 days of paid annual leave, irrespective of the length of service.

Employees in Benin are entitled to paid sick leave, depending on the length of service:

• Under 1 year of service - 1 month leave with 100% salary
• 1 to 5 years of service - 3 months leave with 100% salary and 3 months with 50% of salary
• More than 5 years of service - 6 months' leave with 100% salary

Female employees are entitled to 14 weeks of maternity leave with full pay 6 weeks before and 8 weeks after childbirth. It can be extended by 4 weeks in the case of a duly diagnosed illness resulting either from pregnancy or from birth.

All employed women and spouses of employed men are entitled to prenatal allowance and childbirth allowance paid by the National Social Security Fund of Benin.

Employers cannot dismiss pregnant employees, except for gross misconduct and under circumstances in which it is impossible to maintain the contract. Any dismissal in violation of this rule will lead to damages worth 12 months' salary to be paid to the employee.

Paternity leave is not clearly provided under the Benin Labor Code, but the Collective Labor Agreement provides for 3 paid leave days for birth at home, which can be taken as paternity leave by fathers. Employees must notify their employer in advance for taking this leave.

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

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

Termination of the contract may occur without notice in the event of gross negligence, depending on how serious the offense is.

During notice, both parties are responsible for all obligations incumbent on them. Employees benefit from 2 days off per week to look for a new job. In case of dismissal without notice, the responsible party must pay the other party an indemnity, the amount of which corresponds to the remuneration and benefits of any kind which benefited the worker during the notice period, which was not effectively respected. Should the employee find new employment before the end of the notice period, the employer and employee may agree to terminate the employment without penalty to either party, provided that the termination occurs before the end of the notice period. If the employee does not utilize the 2 days per week for their job search, the employer must pay a supplement to compensate the employee for those unused leave days.

Severance Benefits

The Labor Code expressly provides that employees under a fixed-term contract that lasted 6 months or more are entitled to an indemnity paid by the employer upon the expiration of the contract when the contract is not renewed or replaced by an indefinite work contract.

The General Collective Agreement of 2020 provides that severance pay for individual dismissals is paid at the following rate: 30% of the 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.

Pension

To qualify for a full pension, an employee must be at least 60 years of age and have at least 180 months of contributions. The amount of monthly pension is 30% of the employee's average monthly remuneration. The percentage is increased by 2% for each year of insurance beyond that.

Insured employees who have reached the retirement age and do not meet the condition for contributions, but have paid contributions for at least 12 months are eligible for receiving a one-time old age allowance. The amount of the old-age allowance is equal to 12 times the average monthly remuneration over the last 5 years. If the service is under 5 years, the average remuneration is calculated on the insurance period.

Dependents/Survivors Benefits

The National Social Security scheme of Benin provides survivors benefits in case of death of an insured individual. Dependents must meet entitlement conditions to qualify for survivors pension and include widow, widower, children, and dependent parents of the insured deceased person (only in case of work-related death).

If the deceased person had less than 180 contributions, survivors receive an allowance paid in a lump sum amount equal to monthly remuneration for the months they had contributed to Social Security Insurance. The compensation is distributed equally among the surviving spouse and children.

These benefits are paid from the Pensions branch of Social Security.

Invalidity Benefits

Benin's National Social Security Scheme provides disability benefits to employees who become disabled before the age of 60 and have made contributions for at least 60 months. They must have completed 6 months of insurance in the 12 months immediately preceding the onset of disability. The amount of the disability pension is 30% of the employee's average monthly remuneration for 180 months of contribution. The percentage increases by 2% for each additional year of insurance.

The holder of a total permanent disability pension or an invalidity pension who continually needs the help and care of a third party to accomplish the everyday acts is entitled to a supplement equal to 40% of the amount of their pension. This supplement may not be lower than the legal minimum remuneration or higher than 3 times this minimum.

Personal Income Tax

The laws of Benin indicate a progressive tax on income from salaries, emoluments and public and private wages, as well as accessories payments of any kind. Tax rates vary from 0% to 30% of the total employment income.

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.

The minimum employment age is 14 years, and hazardous work is 18 years. Children between 12 and 14 years may perform domestic, temporary, or seasonal light work as long as it does not interfere with their school and study. Unless a waiver is granted, employees under the age of 18 are prohibited from night work (per the Labor Code, between 9:00 PM to 5:00 AM). Employees under 18 must have a minimum of 12 consecutive hours of rest, including the night hours.