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Employer of record in Benin



Employer of record in Benin


Benin Republic

The nation situated in western Africa, officially known as the Republic of Benin, or République du Bénin in French, was previously named Dahomey until 1975, and later known as the People’s Republic of Benin from 1975 to 1990. Spanning approximately 420 miles (675 kilometers) northward from the Gulf of Guinea in the Atlantic Ocean, Benin boasts a 75-mile seacoast. The country’s northern border is formed by the Niger River, sharing it with Niger. Benin is flanked by Burkina Faso to the northwest, Nigeria to the east, and Togo to the west.

Capital: Porto-Novo

Population: (2022 est.) 13,024,000

Currency: West African CFA Franc

Language(s):  French

Employer of record in Benin

Employee Benefits

In general, employees have the entitlement to 24 paid days of annual leave. There are incremental increases based on the duration of employment, as follows: after 20 years, an additional 2 days; after 25 years, an extra 4 days; and after 30 years, a supplementary 6 days of annual leave.

Female employees are entitled to six weeks of paid leave before giving birth, followed by an additional eight weeks of paid leave after the birth. Employers are responsible for covering half of this leave, while the remaining half is covered by social insurance.

Typically, fathers are granted three days of paid paternity leave; however, there is flexibility to offer a longer duration at the employer’s discretion.

The probationary period extends for a duration of up to three months.

The sick leave process in Benin follows these guidelines:

  1. Employees with less than 2 years of service typically have an entitlement to 6 months of sick leave.
  2. Employees with 2 or more years of service generally qualify for 12 months of sick leave.
  3. Employees with 1-5 years of service are typically entitled to three months at full pay and three months at half pay during their sick leave.
  4. Employees with 5 or more years of service are entitled to full pay for a duration of 6 months during their sick leave.

Bonus Payments: There is no mandatory provision for disbursing the 13th or 14th month salary. Instead, the holiday entitlement must be utilized within twelve months, and its allocation is determined by the employer rather than the employee. Domestic workers have been incorporated into the labor code, granting them a seniority bonus after a specific tenure. Notably, this requirement does not appear to extend to other industries.

To secure a working visa in Benin, the specific requirements hinge on the type of visa sought and the preference for single- or multi-entry options. Applicants are mandated to furnish several documents, including:

  1. A passport-style photo
  2. A scanned copy of the passport
  3. A copy of the flight itinerary
  4. Proof of yellow fever vaccination
  5. A business letter from the employing company

The visa application form must also be completed. The letter from the employer or sponsoring company, composed on official letterhead, should introduce the applicant and include essential details such as their name, date of birth, passport number, employment status, and purpose for visiting Benin. It is crucial for the employer to assume financial responsibility for the applicant and provide comprehensive contact information for communication in Benin.

Upon submission of these documents to the embassy or consulate in the employee’s home country, the visa processing time typically ranges from two to 15 days. Expedited or emergency services may be available for an additional fee, facilitating a quicker processing time if immediate travel to Benin for work is necessary.

  1. Employees are eligible for severance pay, and the amount is determined based on the length of their service:

    • For the first 5 years of employment, the severance pay is set at 30% of the average monthly salary.
    • With 6 to 10 years of service, employees are entitled to 35% of their average monthly salary as severance pay.
    • For those with 10 or more years of service, the severance pay is increased to 40% of the average monthly salary.

The following are mandatory benefits provided to employees in Benin, encompassing public holidays, paid annual leave, maternity leave, paternity leave, and other social security benefits.

Employees in Benin are subject to limitations on overtime, capped at 240 hours per year. Compensation for overtime is set at 112% of the normal hourly rate for hours worked from the 41st to the 48th hour per week.

In Benin, the supply of goods and services conducted within the country, as well as imports into Benin, are subject to Value Added Tax (VAT). The standard VAT rate applicable is 18%. However, certain activities are exempt from VAT, including the importation of specific products, as well as transactions related to banking and general insurance.

During a probationary period of up to three months, employers in Benin have the authority to terminate a worker for various valid reasons, including:

  1. Worker health
  2. Inability to fulfill employment duties
  3. Issues related to competence or conduct
  4. Changes in the organization or technology
  5. Economic hardship or closure of the company

If termination is due to personal reasons, the employer must provide written notification to the employee, outlining the grounds for termination. Additionally, a written notice must be sent to the labor inspector. Notice periods are stipulated as follows:

  • Hourly employees: 15 days’ notice
  • Employees, workers, and laborers: One month of notice
  • Supervisors and executives: Three months’ notice

During the notice period, employees are permitted to spend two days per week seeking alternative employment. Severance pay is also mandated, and the amount varies based on the length of service:

  • First 5 years of employment: 30% of the average monthly salary
  • 6-10 years of service: 35% of the average monthly salary
  • 10 or more years of service: 40% of the average monthly salary

It’s important to note that employees terminated for gross negligence may not be entitled to severance pay under normal circumstances.

The notice periods for employee terminations in Benin are as follows:

Hourly employees: 15 days’ notice.

Employees, workers, and laborers: One month of notice.

Supervisors and executives: Three months’ notice.

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