Minimum Wage in Benin - Frequently Asked Questions
Is there a separate legislation relating to minimum wages in Benin?
Yes, as stated in article 210 of the Labour Code and in article 60 of the Convention Collective Générale du Travail, no salary can be less than the Smig (guaranteed interprofessional minimum wage), which must be set by decree and updated every 3 years or when needed.
Do one or more minimum wages exist that is/are determined by law?
Only one minimum wage exists in Benin. The Smig (guaranteed interprofessional minimum wage), as set by the Council of Ministers in March 2009, refers to all categories.
On what basis is minimum wage calculated?
Minimum Wage is calculated on monthly basis.
In case of weekly/monthly minimum wages, are they based on any fixed number of hours?
Minimum wage is based on the legal number of working hours, which is 2400 hours of work per year for agricultural workers, and on 40 hours of work per week for other workers. (Art. 142-143 of the Labour Code).
Are governmental bodies, employer and/or trade union representatives involved in minimum wages setting?
Governmental bodies, namely Ministry of Labour and Employment; Employer organisations, namely The National Council of Employers and Trade unions/trade union confederations, namely The Trade Union Confederation of Workers of Benin (CSTB), the Autonomous Trade Union Confederation of Benin (CSA) and the National Trade Union of Workers (UNSTB) are involved in minimum wage settings.
How are upratings (adjustments) of minimum wage decided upon?
Updates of minimum wage is jointly decided by employer and trade union representatives (members of the National Work Council), and sanctioned by the government.
Which are the components of minimum wage in Benin?
There are no separate components of minimum wages.
How frequently is the fixed component of minimum wage updated?
The Smig is updated every three years or when needed. (Art.210 of the Labour Code).
What is National Poverty line?
How is minimum wages compliance regulated?
The minimum wage compliance is regulated by the Labour Inspector. (art. 285 of the Labour Code).
Which legal sanctions can be applied in compliance is lacking?
Offenders of provisions of articles 142, 143 et 210 of the Labour Code are liable to a fine from 14 000 to 70 000 Fcfa, and, in case of repeat offence, from 70 000 to 140 000 Fcfa and to imprisonment from 15 days to two months. (Art. 302 of the Labour Code).
Are sanctions often being applied?
Information not available.
Are employer and/or trade union representatives involved in compliance procedures?
Yes, the trade union representative has the assignment of reporting to the employer all complaints coming from the workers. These complaints may refer to working conditions, wages, and employment. He also has to report to the Labour Inspector all complaints about the application of the labour law and of collective agreements. (Art. 109 of Labour Code).
To whom/Where can individuals complain, if they think they are earning less than minimum wage?
If they want to solve the controversy amicably, workers can complain to the labour and social security inspector. If conciliation fails, the case goes to the Arbitration Council. (Art. 138 of Labour Code).