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:
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.
Any foreigner remaining in Benin beyond 90 days must register with the competent authorities and obtain a personal identification certificate for foreigners. Foreign nationals wishing to establish themselves permanently must obtain a residence card
According to the Labor Code 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 (granted 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 a renewal refused, when the employee's professional qualifications do not meet the needs of the national economy. The work permit, personal identification certificate, and residence card are distinct documents that must be obtained separately.
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:
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.
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.
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.
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.
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