Employers in Benin

Employers may hire employees directly or use the competent services of the Ministry of Labour and the Civil Service (Ministère du Travail et de la Fonction Publique). Vacancies must be reported after hiring, and the Labour Code provides for a presentation card (carte de présentation). The opening of a business must be reported in advance to the labour inspection (Inspection du travail). The employer register (registre d'employeur) must be kept up to date; an additional report is required in the event of a merger, hiring, reopening, transfer, change of legal form or change of activity. The annual workforce declaration must be submitted by 31 March of the following year at the latest. The National Social Security Fund (Caisse Nationale de Sécurité Sociale (CNSS)) registers employers from the opening of the business or from the first employee, without a special waiting period. The forms are free of charge. Employees are affiliated from the actual start of employment; the employer reports wages and contributions. If there are at least 20 employees, the CNSS may require a nominative list for each quarter. The contribution base includes total remuneration as well as bonuses, compensation and benefits in kind or cash. The employer's calculated share is 9 percent for family benefits, 1 to 4 percent for occupational risks and 6.4 percent for old-age insurance, amounting to 16.4 to 19.4 percent in total. Employees pay 3.6 percent for old-age insurance. Under the documented CNSS rules, apprentices and vocational school students are subject only to occupational-risk contributions. The last documented statutory interprofessional guaranteed minimum wage (SMIG) has been 52,000 FCFA per month since 1 January 2023; the applicable amount should be checked again before setting current wages. From 15 employees, a company needs internal regulations (règlement intérieur). The employer submits the draft to the employee representatives (délégués du personnel) and the Labour Inspector. After the visa by the Labour Inspector, which may take about one month, the regulations are deposited with the court registry (greffe) and posted; they take effect no earlier than two months after deposit. The statutory working time is generally 40 hours per week, and in agriculture 2,400 hours per year. Overtime may be ordered up to 240 hours per employee per year, provided that the required notices and communications are observed. Employers must not discriminate against employees on the grounds of sex, age, race, ethnic affiliation, family relationship, trade-union membership, origin, religion or political opinion, and must not exert pressure for or against a trade union. They must provide appropriate protective measures, safe facilities and continuous hygiene. Training in health, safety and the environment is required upon hiring, when changing the workplace or technology, and after returning from an absence of more than six months. A business with more than 25 permanent employees needs two to three first-aiders. A Health and Safety Committee (Comité d'hygiène et de sécurité) is mandatory from at least 30 regular employees, including temporary and occasional workers; the labour inspection may also order one in smaller businesses. The employer chairs the committee, which meets at least quarterly. An occupational health service (service de santé au travail) may be organized independently, jointly with other companies or through a hospital agreement, and must also cover first aid and evacuation. Occupational accidents and diseases must be reported to the labour inspection and the CNSS within 48 hours. Companies with at least 100 employees must establish a social service. From 11 employees, taking seasonal fluctuations as well as employees and apprentices into account, employee representatives are provided for. The employer organizes the election; if the representation remains vacant, a new election must be initiated within each subsequent twelve-month period. Delegates have 15 paid hours per month for their duties. Dismissal of a delegate, former delegate or candidate requires prior approval from the Labour Inspector. Trade unions may operate at company, grassroots, federation or national level. For representativeness in professional elections, a threshold of at least 20 percent of the votes applies. Collective agreements are negotiated by employers or employers' associations and trade unions, with the participation of the Labour Inspector, and may be extended to other employers and employees after deposit with the Ministry of Labour and the Civil Service. The Conseil national du travail and the Commission nationale de concertation, de consultation et de négociations collectives form part of the institutional framework for collective labour relations. In an individual labour dispute, conciliation by the Labour Inspector is required before proceedings before the Labour Court (Tribunal du travail). The summons is issued within 15 days, and a settlement record may be enforced through the court registry. Collective disputes are submitted without delay to the Labour Inspector or, where several inspections have jurisdiction, to the director of labour. If conciliation fails, arbitration may follow within eight days. Conciliation and arbitration are free of charge. A strike requires failed negotiations with the Labour Inspector or director of labour and a corresponding record; dismissal solely because of a strike is excluded, except in cases of serious misconduct. For an indefinite-term employment contract, dismissal by the employer requires an objective and serious reason. Economic reasons may include the elimination or substantial restructuring of a position because of technology, organization, economic difficulties or closure of the business. Before making the decision, the employer informs the Labour Inspector about workforce numbers during the preceding twelve months, the precise reasons, the number and qualifications of the affected employees and the planned period. The employee representatives must be consulted in parallel. The minimum waiting period is 21 days, 30 days for more than 11 employees and 45 days for more than 50 employees. The affected employees receive an individual written notice and, in the case of economic dismissal, priority for re-employment for two years. Mergers, transfers, changes of legal form and other reorganization events must additionally be reported to the labour inspection. Labour inspectors and controllers may generally enter businesses without prior notice, question employers and employees, copy registers and documents, require notices and take material samples. Employers must cooperate and provide the requested documents. In the event of a serious and imminent danger, immediately enforceable measures may be ordered; urgent interim proceedings (référé) are available against them within eight days. The formal system applies nationwide, while practical support is provided through the competent labour inspection and six regional CNSS agencies.