ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases


Page 1 of 1 (1 countries)   

Benin - Working time - 2011


LAST UPDATE

08 November 2011.

SOURCES


Name of Act

Act n°98-004 implementing the Labour Code of 27 January 1998.
click on this symbol to show or hide remarks

Name of Act

Act n. 90-019, from 27 July 1990 Establishing the holidays in the Republic of Benin

Name of Act

Act n. 97-031, from 20 August 1997, establishing an annual holidays of the traditional religions.

Name of Act

Order n. 026/MFPTRA/DC/SGM/DT/SRT, from 14 April 2008, establishing the conditions of employment for domestic workers in the Republic of Benin.

Name of Act

Order n. 035/MFPTRA/DC/SGM/DT/SRT, from 1998, establishing the modalities of application of the weekly rest period.

Name of Act

Decree n. 98-368, from 4 September 1998, establishing the hours of equivalence for the companies regulated by the Labour Code.

Name of Act

Order n. 029/MFPTRA/DC/SGM/DGT/DNT/SRT, from 21 January 2004, establishing the rules regulating the recovery of hours of work.

LEGAL DEFINITIONS


Employee/worker

A worker is, regardless of sex or nationality, anyone whose work is under the direction and authority of a natural or legal, public or private person and who also pays the employee’s salary. For the determination of the worker status, the legal status of employer or worker does not need to be determined. The persons named in permanent employment of a part of a government are excluded from the scope of this Code.
Labour Code §2(1)

Night work(er)

Work performed between 21.00 pm and 05.00 am.
Labour Code §154

NORMAL HOURS LIMITS


Daily hours limit


General limit

Decrees enacted, after consultation with the National Labour Council, the modalities of division of labour over the different days of the week, as well as the limits of hours of work per day.
Labour Code §142(3)
Historical data (year indicates year of data collection)
  • 2009: (No general statutory daily hours limit.)

Exceptions

Recovery hours cannot increase the general work time of the establishment, or part of the establishment, in more than 1 hour per day or 6 hours per week.

The hours performed as recovery hours performed according to the present order do not entitle the worker to an increase on the remuneration.
Order on the recovery of hours of work §6, 7

Weekly hours limit


General limit

In every establishment subject to the present Code, except agricultural establishments, the legal working time of workers, regardless of sex and type of remuneraton, shall be of 40 hours per week.
Labour Code §142(1)
Historical data (year indicates year of data collection)
  • 2009: 40 hours per week.
  • 2007: 40 hours
  • 1995: 40 hours.

Exceptions

This period may be exceeded by the application of rules on equivalence, overtime, recovery of lost working hours and modulation

The rules of equivalence shall be established by decree, after consultation with the National Labour Council. These rules determine the number of hours of presence at the workplace equivalent to 40 hours or 2400 hours of effective service.
In the absence of any regulations, every hour of presence at the workplace shall be considered as hour of effective work.

The provisions of the present decree are applicable to the companies of the private and parapublic sector governed by the Labour Code.
The weekly work time limit is of 40 hours, according to art. 142, of the Labour Code.
Notwithstanding article 2 above, and in order to take into account the intermittent nature of the work in certain companies or certain occupations, a weekly work time superior to 40 hours may be established and accepted in equivalence to these 40 hours.
These hours of equivalence shall be established in the followin sectors of activity:
- Hotel staff, other than cooks, restaurants and bars: 48 hours;
- Cooking staff in hotels and restaurants: 45 hours;
- Staff engaged in the sale in commerce: 42 hours;
- Staff engaged in the sale in bakeries: 46 hours;
- Staff engaged in the sale in pharmacies: 46 hours;
- Para-medical staff of hospitals and similar establishments: 45 hours;
- Hairdressers, Beauty parlors and similars: 50 hours;
- Guards other than home guards: 56 hours.

However, whenever in certain companies a duration of presence inferior to the equivalence is actually practiced, the staff shall continue to benefit from such advantage.
The division of the 40 hours during the week shall be appreciated by the Chief of the company.

Recovery hours:
Recovery hours cannot increase the general work time of the establishment, or part of the establishment, in more than 1 hour per day or 6 hours per week.

The hours performed as recovery hours performed according to the present order do not entitle the worker to an increase on the remuneration.
Labour Code §142(2)
Decree on Hours of Equivalence §1, 2, 3, 4, 6
Order on the recovery of hours of work §6, 7

Special categories


» Domestic work

Taking into account the pauses and the idle time inherent to the profession, the duration of domestic worker’s working time shall be determined by application of the principle of equivalences to 200 hours per month, corresponding to an effective monthly work of 173,33 hours per month, that is a weekly work time of 50 hours.
Every hour of work performed beyond the 50 hours shall be considered as overtime work and shall entitle the worker to compensation.
Labour Code §6

OVERTIME WORK


Criteria for overtime


General

The employer may, by his own decision, subject to procedure of displaying and communication to the labour inspector, impose to the workers the performance of overtime work to a limit not exceeding 240 hours per year and per worker. For worker employed with a fixed term contract only during part of the year, the number of overtime work permitted shall be reduced in accordance with the time of presence of the worker in the company. In case of replacement of a worker during a year, this number shall be extended for a same post.
Besides that, the performance of overtime work is subject to prior authorization of the labour inspector.

Unless there are derogations established by an order of the Minister of Labour, after consultation with the National Labour Council, with respect to urgent work of which execution is necessary to prevent accidents threatning material, facilities, buildings of the company, or to repare its consequences, or with respect to preparatory or complementary work, the performance of overtime work cannot push the effective duration of work beyond 60 hours per week, nor 12 hours per day.
Labour Code §145, 146

Limits on overtime hours


General limits

The employer may, by his own decision, subject to procedure of displaying and communication to the labour inspector, impose to the workers the performance of overtime work to a limit not exceeding 240 hours per year and per worker. For worker employed with a fixed term contract only during part of the year, the number of overtime work permitted shall be reduced in accordance with the time of presence of the worker in the company. In case of replacement of a worker during a year, this number shall be extended for a same post.
Labour Code §145(1)
Historical data (year indicates year of data collection)
  • 2009: An employer, if following procedures and contacting the labour inspectorate, can require workers to work up to 240 hours of overtime per year. For salaried employees the time is reduced proportionally based on their time in the company.
  • 2007: 240 hours
  • 1995: No legal provision.

Restrictions/exceptions

The performance of overtime work is subject to prior authorization of the labour inspector.
Labour Code §145(2)

Compensation for overtime work


Overtime rate(s)

Overtime work shall be paid an increased rate established by a convention or collective agreement and cannot be inferior to those following:
a) Overtime work during the day:
- 12% of the hourly rate, from the 41st hour to the 48th hour;
- 35% of the hourly rate, beyond the 48th hour;
- 50% of the hourly rate, on sundays and holidays.
b) Overtime work during the night:
- 50% of the hourly rate during the week;
- 100% of the hourly rate on sundays and holidays.

Overtime work during the night are those performed between 21h and 05h.
Labour Code §147
Historical data (year indicates year of data collection)
  • 2009: 12% increase (first 2 overtime hours) 35% increase (subsequent hours) 50% increase (Sundays and public holidays)
  • 2007: 12% increase (first 2 overtime hours) 35% increase (subsequent hours) 50% increase (Sundays and public holidays)
  • 1995: On working days: 12% premium from 40 to 48 hours, 35% thereafter. 50% on Sundays and public holidays.

Special categories


Domestic work

Overtime work shall be paid an increased rate in the following conditions:
- From the 51st to th 58th hour: 12% of the hourly rate;
- Beyond the 58th hour: 35% of the hourly rate;
- Sundays and holidays: 50%.

For overtime work performed during the night, that is that between 21h and 05h, they shall be as follows:
- 50% during working days;
- 100% during sundays and holidays.
Order on Conditions of Employment for Domestic Workers §7

Night work

Overtime performed at night is remunerated:
50% (weekdays)
100% (Sundays and public holidays)
Labour Code §147(b)
click on this symbol to show or hide remarks

SCHEDULES


General

The duration and schedule of work are set by the employer in respect of the rules enacted by the Labour Code and the texts adopted for its implementation. The length and time are displayed on the workplace and comunicated to the Labour’s Inspection.
Labour Code §141

REST PERIODS


Rest breaks


General provisions

(No general statutory provisions on rest breaks.)
Historical data (year indicates year of data collection)
  • 2009: (No general statutory provisions on rest breaks.)
  • 1995: No legal provision.

Daily rest periods


Duration

(No general statutory provisions on daily rest.)
Historical data (year indicates year of data collection)
  • 2009: (No general statutory provisions on daily rest.)
  • 1995: No general daily rest. 12 consecutive hours for women and young workers.

Special categories


» Young workers

Young workers are entitled to 12 consecutive hours of daily rest break that has to include the night period.
Labour Code §155

Weekly rest periods


Duration


» General

The weekly rest period is compulsory. It shall be of at least 24 consecutive hours. It shall take place in principle on sundays.
An order from the Minister of Labour, after consultation with the National Labour Council, establishes the modalities of execution of the preceeding paragraph to certain professions and determines the conditions of organization of the weekly rest period, whenever it has to be given in a day other than sunday, when it has to be organized by shifts, when it shall be given to the whole staff, given in two half-days or given for a duration superior to 24 hours.
Labour Code §156
Order on weekly rest period §1
Historical data (year indicates year of data collection)
  • 2009: Workers are entitled to a minimum of 24 consecutive hours.
  • 1995: 24 consecutive hours.

Day specified


» General

The weekly rest period is compulsory. It shall be of at least 24 consecutive hours. It shall take place in principle on sundays.
Labour Code §156(1)
Order on weekly rest period §1

» Exceptions

Derogations to the weekly rest period on sundays can be made in view of the nature of the activities of the company, or the urgence of the work executed in order to organize measures of rescue, prevention or repair due to an accident or to maintain work material.

Derogations conceeded because of the nature of the activities of the company are permanent.
In this case, the weekly rest period shall be given by shift.
Derogations linked to the urgency of work are temporary.
In this case, the hours of work performed entitle the worker to a compensation.

By the application of arts. 156 and 299 of the Labour Code, those who violate the provisions of the present decree shall receive a penalty of 7,000 to 35,000 F and, in case of repeated violations, a penalty of 14,000 to 70,000 F.
Order on weekly rest period §2, 3, 4

Special categories


» Domestic workers

The weekly rest period shall be of 48 hours. It shall be of 24 consecutive hours, to take place, normally, on sundays. The other 24 hours can be given in another day, or replaced by two half-days by agreement of the parts.
Order on Conditions of Employment for Domestic Workers §8

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

The right to paid annual leave is acquired after a minimum period of effective service equal to one year. This period shall be called "the reference period".
Labour Code §160(1)

Duration


» General

Unless there are more favorable provisions in collective agreements or employment contracts, the worker acquires the right to leave, to be paid by the employer, at the rate of 2 working days per month of effective service. A working days is every day other than the day of weekly rest period and holidays.
Labour Code §158(1)
Historical data (year indicates year of data collection)
  • 2009: 24 days (two days per month worked)
  • 2007: 24 days (two days per month worked)
  • 1995: 24 working days.

» Exceptions

The duration of the leave forseen in paragraph 1 of the present article is increased at a rate of 2 working days after 20 years of continuous effective service in the same company, 4 working days after 25 years, 6 working days after 30 years, without having the cumulation of the total days of leave exceeding 30 working days for 12 months of work. The increase on leave entitles the worker to an increase of the leave payment.
Act on Holidays §158(3)

Payment


» Amount

The employer shall pay to the worker, during the total duration of the leave, 1/12 of the salaries and benefits received by the worker in the course of the 12 months preceeding the leave.
Bonuses, indemnities constituting reimboursements of professional fees, and particular indemnity paid to expatriates, shall not be included for the calculation of the leave payment.
In case of splitting, the payment shall be divided proportionally to the duration of each period of leave.
Labour Code §165

Schedule and splitting

The worker and the employer may agree in splitting the the annual leave. However, the worker shall benefit from a leave of at least 14 consecutive days, with weekly rest periods and holidays included.
For those workers who do not live where they were recruited, the travel time shall not be accounted in the minimum duration of ininterrupted break. Unless there is agreement between the parts, this time shall not increase the leave periods fractioned. Unless agreed otherwhise by the parts, the travel expenses are only due for this period.
Labour Code §162

Special categories


» Women

Women workers or apprentices aged less than 21 years old are entitled to 2 supplementary days of leave for each child under their care. Those over the age of 21 benefit from the same advantage for every child under their care, after the fourth. It shall be understood as "under care", every child registered under the age of 15. The suppplementary leave forseen for mothers is reduced to one day if the normal leave’s duration, determined in accordance with other provisions of the present article, does not exceed 6 days.
Labour Code §158(4)

» Young workers

Young workers under the age of 18 and those between the age of 18 and 21, regardless of the duration of their services, if they request, are entitled to, respectively, 30 and 24 working days of leave. They cannot demand, for the days of leave for which they have requested the benefits, no payment beyond that they have acquired because of the work performed until the day of the beggining of the leave.
Labour Code §158(2)

» Domestic work

Domestic workers are entitled to paid annual leave at a rate of 24 working days per year.
The date of the beggining of the leave shall be defined by agreement between the employer and the worker.

The employer shall pay, during the whole leave, an amount equal to 1/12 of the salaries and indemnities that the worker benefited during the 12 months preceeding the leave.
Order on Conditions of Employment for Domestic Workers §9, 10

PUBLIC HOLIDAYS


Number and dates

The folowing shall be holidays in the Territory of the Republic of Benin:

1 January: New year;
1 May: Worker’s Day;
1 August: National holiday;
15 August: Assumption;
1 November: All Saint’s Day;
25 December: Christmas Day;
Easter Monday,
Pentecost Monday;
Ascension Day;
Ramadan’s Day;
Tabaski Day;
Maouloud’s Day.

It shall be instituted in the Republic of Benin, an annual Party of the traditional religions.
It shall take place on the 10th of January in the whole territory of the Republic of Benin.
This day is a holiday.
Act on Holidays §1
Act on the Annual Holiday for Traditional Religions §1, 2, 3

Payment

The holidays shall be paid.
Act on Holidays §2

Work on Public Holidays


» Compensation

Overtime work shall be paid an increased rate established by a convention or collective agreement and cannot be inferior to those following:
a) Overtime work during the day:
- 50% of the hourly rate, on sundays and holidays.
b) Overtime work during the night:
- 100% of the hourly rate on sundays and holidays.

For domestic workers:

Overtime work shall be paid an increased rate in the following conditions:
- Sundays and holidays: 50%.

For overtime work performed during the night, that is that between 21h and 05h, they shall be as follows:
- 100% during sundays and holidays.
Act on Holidays §147
Order on Conditions of Employment for Domestic Workers §7

EMERGENCY FAMILY LEAVE

Workers are entitled to 10 days in case of emergency in family such as marriage or burial.
Sports leave, yearly limit of 15 days, not to be deducted from annual leave.
Yearly limit of ten days, not to be deducted from annual leave.
Labour Code §159

NIGHT WORK


Criteria for night work

Night work is work performed in the period between 21h and 05h.
These hours can vary for different annual seasons.
Labour Code §154

Special categories


Young workers

Night work is prohibited for young workers under 18 years of age.
However, derogations can be established by decision of the Council of Ministers, after consultation with the National Labour Council.
Labour Code §153

Results generated on: 21st October 2014 at 12:24:48.
Page 1 of 1 (1 countries)   

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.