Global Rights Index

Legal

Freedom of association / Right to organise

Freedom of association

The right to freedom of association is enshrined in the Constitution.

The right to freedom of association is recognized by law but strictly regulated.

Anti-Union discrimination

The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.

Barriers to the establishment of organisations

’Prior authorisation or approval by authorities required for the establishment of a union’: The legal existence of unions is subject to the deposit of their statutes, and a list specifying the names, nationality, profession, domicile and quality of the members responsible for their management or their administration, with the following authorities: the court of first instance, the Department of the Interior, the Ministry of Labour, and the local administrative authority (section 83, Labour Act).

Power to refuse official registration on arbitrary, unjustified or ambiguous grounds: The Labour Code does not establish clear grounds on which registration may be exercised.

Absence of recourse to an independent body in the event of administrative refusal to register a trade union: The Labour Code does not establish recourse to an independent body in cases where registration has been refused.

Sanctions imposed for organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. or joining an organisation not officially recognised: Fines of between 3,500 and 35,000 FCFA (and between 7,000 and 70,000 FCFA in the case of repeated contravention) are imposed for a failure to comply with section 83 of the Labour Code within three months of the trade union's formation.

Restrictions on trade unions’ right to establish branches, federation and confederation or to affiliate with national and international organisations: Article 3 of Decree No. 2006-132 of 29 March 2006 on defining the different forms of trade unions and the criteria of representativity restricts the freedom of trade unions to establish branches, federations and confederations. Specifically, it provides that a trade union federation must be constituted by no less than five base (i.e., enterprise-level) trade unions in the same sector or branch of activity. It further requires a trade union confederation to be constituted by no less than three trade union federations of different sectors or branches of activities. Article 4 of the Decree then provides that only trade union confederations may affiliate at a national or international level.

Restrictions on workers’ right to form and join organisations of their own choosing

Single trade union system imposed by law and/or a system banning or limiting organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. at a certain level (enterprise, industry and/or sector, regional and/or territorial, national): Article 3 of Decree No. 2006-132 of 29 March 2006 on defining the different forms of trade unions and the criteria of representativity establishes the enterprise-level trade union as the primary form of worker organisation. These must be limited to a single enterprise, service or corporation.

Restrictions on trade unions’ right to organise their administration

Restrictions on the right to freely draw up their constitutions and rules: A trade union's freedom to draw up its statutes and operating rules is subject to the requirement that it focus exclusively on the study and advocacy of the collective and individual rights, as well as the material and moral interests, of the people and professions covered by their statutes (sections 80 and 81, Labour Code).

Restrictions on the right to elect representatives and self-administer in full freedom: Members responsible, in any capacity, management or organisation of a union must be of Beninese nationality or migrant workers lawfully established on the national territory and enjoying their civil rights (section 82, Labour Code).

Restrictions on the right to freely organise activities and formulate programmes: A trade union's freedom to organise its activities is subject to the requirement that it focus exclusively on the study and advocacy of the collective and individual rights, as well as the material and moral interests, of the people and professions covered by their statutes (sections 80 and 81, Labour Code). Also, a trade union must notify the authorities of the duration of a strike (Act No. 2001-09 of 21 June 2002 on exercise of the right to strike).

Categories of workers prohibited or limited from forming or joining a union, or from holding a union office

Others categories: Act No. 2010–11 issuing the Maritime Code of the Republic of Benin only affords seafarers limited trade union rights, specifically in relation to representation within the framework of collective bargaining (section 224, Maritime Code). However, it does not grant seafarers the right to organise, the right to strike or other aspects of freedom of association. Also, only persons aged over 15 years are permitted to join trade unions (section 79, Labour Code).

Other civil servants and public employees: Persons named in the permanent employment of a public administration are excluded from the scope of application of the Labour Code (section 2, Labour Code).

Right to collective bargaining

The right to collective bargaining is recognised by law but strictly regulated.

Barriers to the recognition of collective bargaining agents

Previous authorisation or approval by authorities required to bargain collectively: While there is no express statement of the requirement of previous authorisation, the Minister's role in determining the representative trade unions at the enterprise level, and the labour inspector's role in presiding over the negotiating commission at a sectoral level, establish a de facto authorisation process.

Excessive requirements in respect to trade unions’ representativity or minimum number of members required to bargaining collectively: Article 6 of Decree No. 2006-132 of 29 March 2006 on defining the different forms of trade unions and the criteria of representativity provides that in order to be representative, the enterprise level union must obtain at least 40 per cent of the votes cast at the staff elections.

Absence of recourse to an independent body responsible for declaring whether an organisation may negotiate or not: No recourse to an independent body is established in relation to declarations made by the Minister regarding trade union representativeness.

Restrictions on the principle of free and voluntary bargaining

Compulsory conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator. See arbitration, mediation and / or binding arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities. See conciliation, mediation procedure in the event of disputes during collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other. See collective bargaining agreement , other than in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services. See Guide to the ITUC international trade union rights framework: All collective disputes must be referred to the relevant authorities in accordance with Chapter 3 of Part VI of the Labour Code. The authorities (either the labour inspector, for local disputes, or the Director of Labour, for interregional disputes) must, in turn, seek to conciliate the dispute and, if not resolved at conciliation, refer the dispute for arbitration. Where a party does not oppose an arbitration award within four days, the decision will be binding on the parties (sections 253, 254 and 260, Labour Code).

Authorities’ power to intervene in the preparation of collective agreements: A collective agreement shall be negotiated by a commission, which shall be presided over by a labour inspector, who shall lead discussions and facilitate negotiations (section 122, Labour Code).

Authorities’ or employers’ power to unilaterally annul, modify or extend content and scope of collective agreements: The Minister may, at the request of one of the representative organisations or at his or her own initiative and following the opinion of the national council of labour, extend a collective agreement so that it is binding on all the employers and workers in its scope of application (section 128, Labour Code).

Limitations or ban on collective bargaining in certain sectors

Other civil servants and public employees: Persons named in the permanent employment of a public administration are excluded from the scope of application of the Labour Code (section 2, Labour Code).

Right to strike

The right to strike is enshrined in the Constitution.

The right to strike is recognised by law but strictly regulated.

Barriers to lawful strike actions

Previous authorisation or approval by authorities required to hold a lawful strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms. See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike: Strike action may only be taken if the settlement procedures before the labour inspector or Director of Labour have failed. This failure must be recorded by the labour inspector or Director of Labour in his or her minutes, and signed by the parties (section 264, Labour Code).

Compulsory recourse to arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities. See conciliation, mediation , or to long and complex conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator. See arbitration, mediation and mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions. See arbitration, conciliation procedures prior to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms. See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike actions: All collective disputes must be referred to the relevant authorities in accordance with Chapter 3 of Part VI of the Labour Code. The authorities (either the labour inspector, for local disputes, or the Director of Labour, for interregional disputes) must, in turn, seek to conciliate the dispute and, if not resolved, refer the matter for arbitration (sections 253, 254 and 260, Labour Code). There are no time limits imposed on these proceedings. A strike may not be declared while the dispute is before the inspector or Director of Labour (section 264, Labour Code).

Other undue, unreasonable or unjustified prerequisites: A trade union must notify the authorities of the duration of a strike (Art. 8, Act No. 2001-09 of 21 June 2002 on exercise of the right to strike).

Undue interference by authorities or employers during the course of a strike

Forcible requisitioning of workers strikers (apart from cases in public essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services. See Guide to the ITUC international trade union rights framework ): Where workers who are required to provide a minimum service in accordance with Part IV of Act No. 2001-09 of 21 June 2002 on exercise of the right to strike fail to so provide a minimum service, the authorities may requisition up to 20 per cent of the service by the relevant procedures (art. 15). This applies to public, semi-public and to private establishments relevant to essential services (art. 13).It may also apply to public, semi-public or private organisations of a strategic character (art 17).

Limitations or ban on strikes in certain sectors

Discretionary determination or excessively long list of “essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services. See Guide to the ITUC international trade union rights framework ” in which the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms. See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is prohibited or severely restricted: Article 14 of the Act No. 2001-09 of 21 June 2002 on exercise of the right to strike provides that essential services are those relevant to health, safety, energy, water, air transports and telecommunications (with the exception of private radios and televisions).

Absence of compensatory guarantees for categories of workers deprived of the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms. See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike

Discretionary determination or excessively long list of “services of public utility” in which a minimum operational service is can be imposed in the event of strikes: Part IV of Act No. 2001-09 of 21 June 2002 on exercise of the right to strike requires that a minimum service be established in public or semi-public establishments, and private establishments relevant to essential services, with respect of any strike which may gravely prejudice the safety or health of the population (art. 13).

In practice

Benin’s Constitutional Court bans the right to strike in the justice and health sectors28-06-2018

Benin’s Constitutional Court has banned the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike by workers in the country’s defence, security, justice and health sectors, sparking concern among union officials and legal observers. The ruling, issued on 28 June 2018, came after months of wrangling between the government and the court, which had previously said the measure was unconstitutional. “Civil servants, public security forces and equivalents should fulfil their duties in all circumstances and not exercise their right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike ,” the court said in its new ruling. “There should be no disruption to the duties of public sector defence, security, justice and health workers.” The decision was taken “in the public interest” and for “the protection of citizens”, it said. Unions have denounced this worrying sudden legal U-turn, describing it as shocking and a “hammer blow”.
Earlier this month, a close ally of President Patrice Talon, Joseph Djogbenou, was elected to lead the Constitutional Court during a vote held behind closed doors. Djogbenou is Talon’s former personal lawyer and was previously Benin’s minister of justice. Until his arrival, the court had strained relations with Talon, and had criticised the government for misunderstanding and failing to respect the constitution.
Last year, Benin was hit by a wave of public sector strikes, which brought the education, health and justice system to a near halt. The industrial action industrial action Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer. was sparked by Talon’s attempts to introduce free-market reforms.

Ban on student union activities 20-02-2018

Despite being declared null and void for violating freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework and assembly by the Constitutional Court on 16 March 2017, the government has not seemingly annulled the decree, issued on 5 October 2016 by the Council of Ministers, banning all forms of protest, expression and meetings, for all federations, unions, associations or umbrella organisations in all national universities. Instead, a new decree passed on 2 October 2017 sets out the provisions governing the collaboration of student organisations with the state and the authorities of the public universities in the Republic of Benin.

Two trade union leaders detained 02-10-2017

On 2 August 2017, Clément Akiye, general secretary of the national police trade union SYNAPOLICE was detained on charges of negligence in the execution of a surveillance mission at the home of the former mayor of Cotonou. His arrest was made just days after a series of trade union actions and his denunciation in the media of several irregular appointments, selective sanctions and the discrimination suffered by the majority of Benin’s police officers.
A month later, in September 2017, Patrice Trekpo, acting general secretary of the national waters, forests and hunting union SYNA-EFC, was also detained for 60 days following his appearance on Golfe TV, on 3 September, during which he denounced the government’s reforms in the forestry sector, the absence of any framework for social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. , and the minister’s refusal to meet with the trade unions from the sector. In November, Patrice Trekpo was subjected to disciplinary proceedings.
Benin’s trade union centres, the CSTB, CSA-BENIN, CGTB, COSI-BENIN, UNSTB, CSUB and CSPIB, staged a peaceful march in October, followed by a sit-in, in November, at the Ministry of Living Conditions and Sustainable Development, to protest against these detentions, which constitute a violation of fundamental trade union rights and freedoms.
These arrests, viewed as acts of reprisal, could be linked to the proposal to set up a new internal security force, the Republican police, presented in July, under which security force officers would be denied the right to organise and to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike .

Teachers complain of harassment over pay protest17-03-2015

On 17 March teachers represented by the national federation of education unions, the Fédération des Syndicats de l’Education Nationale (FESEN), went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike to demand the payment of the 25 per cent index rise granted to other civil servants, rather than the monthly bonus of 10,000 Cfa francs offered by the government. Their demands also included the lifting of threats against teachers and unfair transfers for their part in the protests. During an earlier strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike that ended in May 2014, the union had also complained of threats against teachers’ union leaders.

Teachers’ protest march and strike action repressed12-02-2015

On the morning of 12 February 2015, police and gendarmes in the town of Abomey prevented a march by unions representing primary school teachers from going ahead. The march had been organised by the umbrella group “Forum des travailleurs et des peuples” (the Peoples’ and Workers’ Forum) to demand, amongst other things, the payment of six years’ worth of social security benefits. As soon as the march began, the protesters found themselves surrounded by uniformed police officers and gendarmes, who were there on the orders of the head of the local administration, the “Prefet”, Armand Maurice, who claimed their action was illegal. Faced with the intimidating presence of so many uniformed officers, the protestors turned their march into a sit-in.

General strike31-01-2014

Despite intimidation and threats to deduct wages, trade unions in Benin, including the CSTB, CSA-BENIN, CGTB, COSI-BENIN and CSPIB called for a general strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike in January 2014 to protest against the repression of a peaceful and legal protest action on 27 December 2013. Government representatives, in particular the Chief of staff of the Minister of elementary and primary school education, Albert ADAGBE, and the Secretary General of the Government, Eugène DOSSOUMON, threatened workers through statements in the media. Workers marching in a protest organised by unions to call for an increase in the minimum wage in the private sector and state-owned companies, had been attacked by police leaving several people injured, including union leaders. Police had used tear gas to disperse hundreds of workers who were protesting peacefully. Trade unions demanded respect for democratic freedoms and trade union rights as well as safety for civil society organisations and political parties with opposing views.

Teachers’ strike in Benin20-03-2012

Two teachers were arrested for violating the ban on meetings in the workplace and 14 others manhandled and arrested at their director’s request for taking part in a sit-down strike sit-down strike A form of industrial action whereby workers occupy their workplace but do not carry out any work.

See strike . Two trade union representatives, Jules Amoussouga and Cécil Ayadokoun, were also arrested for holding discussions with their colleagues regarding the continuation of the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action. Although the teachers were subsequently released, these arrests are illustrative of the climate of repression in Benin.
On 14 March, the Council of Ministers decided on a range of measures including the deregistering of all teachers taking action or in any way involved in the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . The government has, moreover, started to hire military conscripts to replace striking workers.

No consultation over legislative changes11-01-2012

A draft law restricting the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is currently under consideration. The trade unions have roundly condemned the haste with which this initiative is being dealt with and the lack of consultation.

Right to strike flouted, collective bargaining at a standstill, anti-union attacks and interference 30-11-2009

Throughout the year, the authorities maintained a negative attitude in their relations with the trade unions, say union leaders. Two protest actions were declared illegal despite the precautions taken by the unions. The most representative organisations denounced the government’s efforts to silence them. In an attempt to stifle criticism of their poor management of the country and the deteriorating socio-economic situation, the government and the Head of State investigated the trade unions’ accounts (with the State’s General Inspectorate spending several weeks at the trade unions’ headquarters). They also backed “patriotic” trade unions and associations. The unions also reproached the authorities for their disregard for social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. . Meetings were rushed and constantly delayed, or the representative organisations were not invited, as the main teaching unions found when the National Education Council was set up in September. On 18 December, however, a National Consultation and Collective Bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
Commission was created.