Work and Wages

Minimum Wage

The Constitution recognizes the citizens' right to work and requires the state to create conditions under which the enjoyment of this right is effective and workers are guaranteed just compensation for their services or production.

Minimum Wage is fixed by the Decree of Council of Ministers, upon a report of the Minister of Labour, following the recommendation of the National Labour Council (a tripartite body with representation from government, worker and employer groups).  It is revised after every 3 years or when needed. Salary of a person must not be less than interprofessional minimum wage (SMIG).

Minimum wage is determined as monthly wage. It is based on the legal working hours which are 2400 hours per year for agricultural workers (approx. 46 hours per week) and 40 hours per week for all other workers. Compliance with minimum wage rates is ensured through the labour inspection system which has the fundamental task of implementation of laws and its regulations. Violation of minimum wage rules is punishable with a fine of FCFA 14,000 to 70,000. In the case of repeat offence, fine ranges between FCFA 70,000 to 140,000 and an imprisonment term ranging from 15 days to two months.

Source: § 30 of the Constitution of the Republic of Benin 1990; § 210, 266 & 302 of the Labour Code, 1998

Regular Pay

Salary, regardless of the way it is calculated, is the basic or minimum amount and all other advantages paid directly or indirectly in cash or in kind, by the employer to the worker in virtue of the employment of the latter and establishment by agreement, or by regulations or conventions.

In accordance with Chapter III of Labour Code, wages must be paid regularly in legal tender on working days and at workplace (or at proximity). Wage interval must not exceed 15 days for workers whose wages are specified by the hour. Similarly, wage interval must not exceed one month for workers whose wages are determined in monthly basis. Monthly payments must be made within eight days of the end of month for which salary is due.

Employer must keep evidence of wage payment(s) and must produce at the request of the labour inspector. An employer should provide individual pay slips or any other documents determined by order of the Minister.

Payment in kind or in alcohol and drugs is prohibited. The employer has to arrange accommodation of every worker who has to travel in order to perform  work. The employer also has to provide a daily ration of food once the worker cannot, by his own means, provide it to himself and his family regularly. This service is discounted, unless there are more favorable provisions on collective agreements or employment contracts.

 

Generally, employer is not allowed to deduct wages except in cases provided by the law, such as, worker's contribution paid to Social Security Institutions. An employer should provide pay slips to all employees on each pay day.

In case of violations of provisions related to salary and its payment, employer is punished with a penalty of 14,000 to 70,000 Francs, to be applied as many times as the number of infractions.

Source: § 207-226 & 309 of the Labour Code, 1998

Regulations on Work and Wages

  • Code du travail, 1998 / Labour Code, 1998
  • Convention collective générale du travail, 2005 / General Collective Labour Agreement, 2005
  • Constitution de la République du Bénin, 1990 / The Constitution of the Republic of Benin, 1990

Loading...