COUNTRY

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

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

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.

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 covers disability benefits for employees who become disabled before the age of 60 and have paid 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 disability pension is 30% of the average monthly remuneration of the employee for 180 months of contribution. The percentage is increased by 2% for each year of insurance beyond that.

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.