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Benin - Maternity protection - 2011


LAST UPDATE

3 November 2011

Data quantity

LOW

SOURCES


Name of Act

Act n°98-004 implementing the Labour Code of 27 January 1998

Name of Act

Act n° 98-019 of 21 March 2003, Social Security Code

Name of Act

Act 2007-02 of March 26 of 2007 amending the Act 98.019 of March 21 of 2003 enacting a Social Security Code

Other source used

National Fund of Social Security of Benin

Other source used

Official website of the Government of Benin

Other source used

La Reglementation Du Travail Au Benin

MATERNITY LEAVE


Scope

The Labour Code applies to all workers working in Benin. Apprentices included.
It is considered as a worker under the Labour Code and without considering the nationality and sex, anyone who is committed to his work, for remuneration, under the direction and authority of a person or entity, public or private.

Excluded from the scope of application are:
Permanent Civil Servants

Workers of shipping and fisheries are regulated by special norms.
Labour Code §1,2

Qualifying conditions

It is not expressly required the presentation to the employer by the female worker of a medical certificate. Nevertheless, the way the norm has been drafted may lead to the need of this medical certificate.
Labour Code §170

Duration


Compulsory leave

six weeks before the probable date of confinement and eight weeks after childbirth.
Labour Code §170

General total duration

14 weeks
Labour Code §170
Historical data (year indicates year of data collection)
  • 2009: 14 weeks (6 weeks before and 8 weeks after confinement).
  • 2004: Fourteen weeks
  • 1998: Fourteen weeks
  • 1994: Fourteen weeks

Extension

In case of illness derived from confinement the leave may be extended up to four more weeks.
The nature of this illness shall be certified.
It is not provided any extension for multiple births.
Labour Code §170

Leave in case of illness or complications

In case of illness derived from pregnancy the leave may be extended up to four more weeks.
The nature of this illness shall be certified.
Labour Code §171

RELATED TYPES OF LEAVE


Parental leave

Not provided
Labour Code

Paternity leave

Not provided
Labour Code

Adoption leave

Not provided
Labour Code

CASH BENEFITS


Maternity leave benefits


Scope

There are 2 regimes of Social Security:
A mandatory general regime in favor of workers covered by the Scope of the Labour Code.
A voluntary special regime in favor of independent workers, agricultural workers and informal workers
Act n° 98-019 of 21 March 2003, Social Security Code §1

Qualifying conditions

According to the Social Security Code, qualifying conditions are set by the Ministry of Protection and it was impossible to have access to this legislation. However, according to the information provided in the official website of the Social Security Fund, the qualifying conditions are:
Affiliation to the Fund
Six months of continuous employment under one or several employers.
Act n° 98-019 of 21 March 2003, Social Security Code
National Fund of Social Security of Benin

Duration

The worker is entitled to these benefits during the period of maternity leave (14 weeks).
Act n° 98-019 of 21 March 2003, Social Security Code §49
Labour Code §170

Amount

The indemnization is equal to the salary received before the maternity leave.
Employers shall pay the maternity cash benefit and the Social Security Fund will reimburse them the 50%.
Act n° 98-019 of 21 March 2003, Social Security Code §50
Labour Code §170
Historical data (year indicates year of data collection)
  • 2009: The indemnization is equal to the salary received before the maternity leave.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The benefits are finance 50 per cent by social security and 50 per cent by the employer.
Act n° 98-019 of 21 March 2003, Social Security Code §50
Historical data (year indicates year of data collection)
  • 2009: The benefits are finance 50 per cent by social security and 50 per cent by the employer.
  • 2004: Fifty percent Social security, fifty percent employer
  • 1998: Social security
  • 1994: Social security

Parental leave benefits

Not provided
Labour Code
Act n° 98-019 of 21 March 2003, Social Security Code

Paternity leave benefits

Not provided
Labour Code
Act n° 98-019 of 21 March 2003, Social Security Code

Adoption leave benefits

Not provided
Labour Code
Act n° 98-019 of 21 March 2003, Social Security Code

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

All female workers and Wives or partners of male workers as well as their children registered in the Social Security System, have right to medical benefits during pregnancy and confinement.
It is not expressly mentioned if this right is enjoyed after confinement.
Act n° 98-019 of 21 March 2003, Social Security Code §51-53

Financing of benefits

Social Security
(Contributions of employers, employees, State Subsidies, moratorium interests on lately paid contributions,etc)
Act n° 98-019 of 21 March 2003, Social Security Code

HEALTH PROTECTION


Arrangement of working time

Not provided
Act n° 98-019 of 21 March 2003, Social Security Code

Night work

Night work is only forbidden to Minors under 18 years old.
Labour Code §153

Overtime

It is not forbidden for female workers nor for pregnant workers.
Labour Code §141-152

Work on rest days

It is not forbidden for female workers nor pregnant workers.
Labour Code §141-157

Time off for medical examinations

Not expressly mentioned.
Labour Code

Leave in case of sickness of the child

Female workers or apprentices under 21 years old have the right to two days supplementary leave for each child.
Female workers over 21 years old enjoy the same right after the fourth child registered in charge.(It is considered in charge every child registered in the civil registry and under 15 years old).
This supplementary leave will be reduced to one day in case the female worker has right to less than six days of annual leave at the starting date of leave.
It is not expressly mentioned if is paid or unpaid.
Labour Code §158

Other work arrangements

BREASTFEEDING BREAKS:

During a period of 15 months after returning from her maternity leave, the working mother has right to nursing breaks up to 1 hour by day.
It is not mentioned whether they are paid or unpaid.
Not any reference is made to breastfeeding facilities
Labour Code §173

Dangerous or unhealthy work

a Decree of the Ministry of Labour and the Ministry of health will regulate the works excluded from female workers, minors and pregnant workers.
It was not possible to have access to this subsidiary legislation.
Labour Code §168

Risk assessment

Labour Inspectors may require a risk assessment for female workers and minors by a medical practitioner in order to establish whether or not the work performed is beyond their forces.
This risk assessment is granted to the request of interested person.
Labour Code §169

Particular risks

Not provided
Labour Code

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

With exception of the measures adopted to protect women and children, Employers shall not discriminate in consideration of sex, age, race or ethnic origin of an individual when hiring, promoting or remunerating work.

The State shall assure equality to every one without any distinction of origin, race, sex, religion, political opinion or social position. Men and women are equal under the law. The state shall protect the family and particularly mother and child.
§26 Constitution of Benin
Labour Code §4

Prohibition of pregnancy testing

Not provided
Labour Code

Protection from discriminatory dismissal

It is forbidden to dismiss a pregnant worker or a woman during her maternity leave just because of their pregnancy or confinement. Exception provide for misconduct of the employee.
Labour Code §171

Burden of proof

Not expressly mentioned. Nevertheless, every dismissal of a pregnant worker or a worker in maternity leave, delivered or maintained by an employer in violation of the prohibition will entitle woman to severance equivalent to twelve months of salaries.
Labour Code §172

Guaranteed right to return to work

It is not expressly provided the right to return to the same work performed before leave.
Labour Code §166-173

Results generated on: 01st October 2014 at 07:44:27.
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