Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 26 August 2009, reporting acts of intimidation against the leaders of the principal trade union federations which called a general strike in 2008 to protest against the decline in purchasing power. In general, the Committee considers that the right to organize public meetings is an important aspect of trade union rights. Similarly, protest action planned by trade unions may be a part of lawful trade union activities within the meaning of Article 3 of the Convention and is accordingly protected by the principles of freedom of association. The Committee requests the Government to reply to the comments concerning acts of discrimination and intimidation by the authorities against trade union leaders, and where necessary to conduct an inquiry.

Article 2. Right to establish trade unions without previous authorization. The Committee has been requesting the Government for many years to take measures to amend the provisions of the Labour Code which require the filing of trade union by-laws in order to obtain legal personality from the authorities, including the Ministry of the Interior, under penalty of a fine. In its previous observation, the Committee noted the Government’s indication that its comments, particularly on the need to amend section 83 of the Labour Code, would be taken into account during the revision of the labour legislation. In its latest report, the Government indicates that proposed amendments will soon be submitted to the National Labour Council and that this action, for which the Government has requested technical assistance from the Office, is covered by the annual workplan of the Ministry. The Committee trusts that the revision of the labour legislation, with the assistance of the Office, will be completed in the very near future. It expects that the Government will indicate in its next report the amendments made in order to bring the legislation into full conformity with the Convention.

Right of workers without distinction whatsoever to establish trade unions. In its previous comments, the Committee requested the Government to revise Ordinance No. 38 PR/MTPTPT of 18 June 1968 issuing the Merchant Navy Code, which gives seafarers neither the right to organize nor the right to strike and provides for prison sentences for breaches of labour discipline. The Committee notes that the Government reiterates its statement that the new Merchant Navy Code, taking into account the Committee’s comments, is currently under examination by the National Assembly with a view to its adoption. The Committee trusts that the Government will indicate in its next report the adoption of the new Merchant Navy Code and that it will grant seafarers all the guarantees set out in the Convention in respect of freedom of association. The Government is requested to provide a copy of the adopted text.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the information in the Government’s report. It also notes the comments of 28 August 2007 of the International Trade Union Confederation (ITUC) which concern matters already raised by the Committee in its previous observation.

1. Article 2 of the Convention. Right to form trade unions without prior authorization. In its last observation, the Committee requested the Government to indicate the measures taken to amend the provisions of the Labour Code requiring the filing of trade unions by-laws in order to obtain legal personality from the authorities, including the Ministry of the Interior, under penalty of a fine. The Committee notes the Government’s indication that its comments, particularly on the need to amend section 83 of the Labour Code will be taken into account during the present revision of the labour legislation. The Committee trusts that the revision of the labour legislation will be completed shortly. It asks the Government to indicate in its next report all amendments made to bring the legislation into full conformity with the Convention.

2. Article 2. Right of workers without distinction whatsoever to form trade unions. In its previous comments, the Committee requested the Government to revise Ordinance No. 38 PR/MTPTPT of 18 June 1968 issuing the Merchant Navy Code, which gives seafarers neither the right to organize nor the right to strike and provides for prison sentences for breaches of labour discipline. In its report, the Government states that a new Merchant Navy Code is currently being considered by the National Assembly. Noting that under section 78 of the General Regulations of Seafarers of the Republic of Benin (Act No. 98-015) all seafarers have the right to organize, the Committee hopes that the new Merchant Navy Code will likewise grant to seafarers all the guarantees laid down in the Convention and requests the Government to provide a copy of the text with its next report.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information in the Government’s report. It also notes the comments of the International Confederation of Free Trade Unions (ICFTU) dated 31 August 2005, to which the Government responded in a communication dated 27 October 2005.

1. Article 2 of the Convention. Right to establish trade unions without prior authorization. In its last observation, the Committee requested the Government to indicate the measures taken to amend the provisions of the Labour Code requiring the filing of trade union by-laws in order to obtain legal personality from the authorities, including the Ministry of the Interior, under penalty of a fine. The Committee likewise requested the Government to provide information on the practical effect given to these provisions, indicating in particular whether penalties had been imposed in recent years. The Committee notes that, according to the Government, the Committee’s comments are being studied in the process to amend the labour legislation and that no penalties have been imposed in connection with the above provision. The Committee requests the Government to provide information on developments in this respect in its next report.

2.  Article 2. Right of workers without distinction whatsoever to establish trade unions. The Committee requested the Government to amend Ordinance No. 38 PR/MTPTPT of 18 June 1968, which affords seafarers neither the right to organize nor the right to strike, and provides for sentences of imprisonment for breaches of labour discipline, in order to grant seafarers the guarantees provided by the Convention. The Committee notes that section 78 of Act No. 98-015 of 15 May 1998 issuing the general conditions of service of seafarers, establishes the right to organize of all seafarers. The Committee also notes that a new Merchant Marine Code is still under preparation.

3. Article 3. Right of workers’ organizations to organize their administration and activities and to formulate their programmes. The Committee asked the Government to abolish the requirement to notify to the authorities the duration of a strike laid down in Act No. 2001-09 of 21 June 2002 on exercise of the right to strike. The Committee notes that, according to the Government, the provisions on the duration of a strike do not restrict the right to strike given that article 8 of the Act on the exercise of the right to strike indicates that a strike can be resumed.

4. The Committee notes the comments by the ICFTU to the effect that the law allows the Government to requisition public servants in a strike and to declare strikes unlawful for specific reasons such as threat to the peace and public order. According to the ICFTU, some Government departments prevent public employees from taking strike action by taking advantage of the leeway allowed by the law to draw up long lists of employees liable for requisitioning. The Committee notes that, according to the Government, the requisitions take place in conformity with the provisions of the Act on the exercise of the right to strike and therefore, are not aimed at preventing strikes. The Committee recalls that the requisition of workers involves the possibility of abuse as a means to settle industrial disputes and points out that such measures are undesirable except where essential services have to be maintained in particularly serious circumstances (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 163). In addition, the Committee recalls that requisitioning may be used to ensure the operation of essential services in the strict sense of the term and for public servants exercising authority in the name of the State.

5. The Committee trusts that these comments on points it has made previously will be taken fully into account so that the legislation can be brought into line with the Convention. It requests that the Government keep it informed in this respect. The Committee reminds the Government that it may avail itself of technical assistance from the Office in preparing any draft legislation, and asks the Government to send any texts once they have been adopted.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s report and recalls that in its previous observation:

-  it requested the Government to indicate the measures taken to amend the provisions of the Labour Code requiring the filing of trade union by-laws to obtain legal personality from the authorities, including the Ministry of the Interior, under penalty of a fine (Article 2 of the Convention. Right to establish trade unions without prior authorization).

-  it once again requested the Government to remove the obligation to notify the duration of the strike, as envisaged in Act No. 2001-09 of 21 June 2002 on the exercise of the right to strike (Article 3. Right of workers’ organizations to organize their administration and activities and to formulate their programmes).

-  it also requested it to amend Ordinance No. 38PR/MTPTPT, which does not grant seafarers the right to organize or the right to strike and provides for sentences of imprisonment for breaches of labour discipline, in order to afford seafarers the guarantees established by the Convention (Article 2. Right of workers without distinction whatsoever to establish trade unions).

The Committee notes that, according to the Government, the current process of the adoption of the OHADA Code (Organization for the Harmonization of Business Law in Africa), a text that is of regional scope, will provide a basis for amending the Labour Code with regard to the first two points and, in relation to the third point, a new Maritime Code taking into account the observations of the Committee is currently being formulated.

The Committee requests the Government to ensure that, in the process of amending the labour legislation, the above comments are fully taken into account in order to ensure that the national legislation is in conformity with the Convention.

With regard to the obligation to file by-laws under penalty of a fine, the Committee requests the Government to provide information on the application of these provisions in practice, and particularly to indicate whether penalties have been imposed in this respect over recent years.

In relation to the trade union rights of seafarers, noting that a new Maritime Code is being prepared, the Committee trusts that the provisions of this Code will take fully into account its previous observations. Reminding the Government that it can receive the technical assistance of the Office as from the stage of the formulation of the draft legislation, the Committee requests it to communicate a copy of the text as rapidly as possible.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report.

1. Article 2 of the Convention. Right to establish trade unions without prior authorization. The Committee notes that after consultation on the issue of the deposit of trade union by-laws in order to obtain legal personality, the Government and the social partners have concluded that the Labour Code needs to be amended and that the matter will be discussed in greater depth by the National Labour Council at its session in 2003. The Committee requests that the Government indicate the measures actually taken in this regard in its next report.

2. Article 2. Right of workers without distinction whatsoever to establish trade unions. The Committee recalls that in its previous comments it noted that seafarers are excluded from the scope of the Labour Code and are covered by Ordinance No. 38 PR/MTPTPT (which does not grant seafarers the right to organize or the right to strike and provides for sentences of imprisonment for breaches of labour discipline). Noting that the Government has taken note of its observation and will act on it in due course, the Committee requests the Government once again to grant seafarers the guarantees established by the Convention, and to send information in its next report on measures taken to that end.

3. The Committee notes the adoption of Act No. 2001-09 of 21 June 2002 on the exercise of the right to strike. It notes, however, that section 8 of the Act still requires the strike notice to indicate the anticipated length of the strike. While noting that, according to the Government, the unions have no objection to this provision, the Committee recalls that to require workers’ organizations to specify the length of a strike amounts to a restriction on their right to organize their administration and their activities and draw up their programmes. The Committee again invites the Government to abolish the obligation to specify the length of the strike and to indicate the measures taken to that end in its next report.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that according to sections 256 and 257 of the Labour Code, in cases where conciliation fails, the dispute is submitted to compulsory arbitration. The Committee, however, notes that the time limit within which the arbitration council must render its decision is not specified. It also notes the observation of the Government that the provisions of section 256 have never given rise to a case in practice which would demonstrate the duration of these time limits.

The Committee notes that under section 12 of the Bill on the exercise of the right to strike, recourse to the mediator may in no way affect the pursuit of the strike. It requests the Government to specify whether the same holds true in cases of recourse to arbitration.

Finally, the Committee notes that section 23 of the Bill on reductions in wages as a result of strikes should not appear under Title V concerning sanctions, but simply as a consequence of the strike.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report, the case law communicated and Decree No. 99-436 of 13 September 1999 defining the different forms of trade union organizations and the criteria for representativeness.

1.  Article 2 of the Convention. The right to establish trade unions without previous authorization.  With reference to its earlier comments on the need to amend the 1998 Labour Code to remove the obligation to deposit trade union statutes with the competent authorities, including the Ministry of the Interior, in order to obtain legal recognition, under penalty of a fine, the Committee notes that according to the Government the deposition of statutes is not a prior condition to the establishment of trade unions but that it constitutes a condition of public announcement and that the fine which may be imposed in cases of non-respect of this provision is not severe, since its amount is from FCFA35 to 350.

The Committee notes that the requirement to deposit the statutes with the Ministry of the Interior is more than a simple condition of public announcement and that the fine imposable can be FCFA700 in recurrent cases, which could constitute a severe obstacle to the creation of a trade union. In this connection, the Committee recalls that under the terms of Article 2 of the Convention workers and employers shall have the right to establish organizations of their own choosing without previous authorization. The Committee therefore again invites the Government to take the measures necessary to remove the requirement to deposit the statutes with the Ministry of the Interior on penalty of financial sanctions and thus bring the legislation into conformity with the Convention. It requests the Government to indicate in its next report the measures effectively taken in this regard.

2.  Article 2. The right of workers, without distinction whatsoever, to establish trade unions.  The Committee notes that section 2 of the Labour Code excludes seafarers from its application and stipulates that they are covered by the 1968 Merchant Marine Code. Noting that the Merchant Marine Code (Ordinance No. 38 PR/MTPTPT of June 1968) does not grant seafarers either the right to organize or the right to strike, which in an intrinsic corollary of trade union rights, and provides for sentences of imprisonment for breaches of labour discipline (sections 209, 211 and 215), the Committee again requests the Government to ensure that seafarers benefit from the guarantees of the Convention and to keep it informed of measures taken in this respect.

3.  The Committee recalls the need to amend section 8 of Ordinance No. 69‑14 PR/MFPTRA of June 1969 concerning the exercise of the right to strike which allows prohibition of strikes in the private and public service where interruption of the service would harm the economy and the higher interests of the nation. It notes with interest that, under the terms of sections 1, 2 and 13 of the Bill concerning the exercise of the right to strike, civil servants, like other workers, have the right to strike and bargain collectively. The Committee notes that the Bill in question constitutes a step towards the application of the Convention with regard to the minimum service to be maintained in the event that a strike in strategic sectors would endanger the health or the safety of the whole of part of the population and provides for the repeal of Ordinance No. 69-14 PR/MFPTRA. The Committee notes that examination of this draft has been placed on the agenda of the May/June 2000 session of the National Assembly. It expresses the firm hope that the Bill will be rapidly adopted and promulgated and requests the Government to indicate in its next report information regarding the progress made in this regard.

4.  The Committee notes nonetheless, that under the terms of section 7 of the Bill concerning the exercise of the right to strike, workers’ organizations are obliged to give the competent authorities advance notice before resorting to strike action. Under section 8 of the draft, the advance notice must indicate, inter alia, the proposed length of the strike. The Committee considers that requiring the employees and their organizations to specify the length of a strike amounts to restricting the right of workers’ organizations to organize their administration and activities and to formulate their programmes. The right to strike is, by definition, a means of pressure available to workers and their organizations for the promotion and defence of their social and economic interests and achieve satisfaction in their claims. The Committee therefore requests the Government to eliminate the obligation to indicate in the notice the length of the strike referred to in the notice, and asks it to include details in its next report on the measures effectively taken in this connection.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that according to sections 256 and 257 of the Labour Code of 1998, in cases where conciliation fails, the dispute is submitted to compulsory arbitration. The Committee however notes that it is not specified in which delay the arbitration council must render its decision. In this regard, the Committee requests the Government to indicate in its next report what are the delays in practice concerning the decisions rendered by the arbitration council.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the information provided by the Government in its report concerning the new Labour Code in its amended form of 27 January 1998 (Act No. 98-004), and of the Bill concerning the right to strike.

With reference to its earlier comments on the need to amend legislation under which personnel in public or private enterprises, organizations and establishments whose operation is necessary to the life of the nation may be deprived of the right to strike when the interruption of their service would harm the economy and the higher interests of the nation (section 8 of Ordinance No. 69-14 PR/MFPTRA), the Committee notes with interest that, under the terms of sections 1, 2 and 13 of the Bill concerning the exercise of the right to strike, civil servants, like other workers, have the right to strike and to bargain collectively. The Committee notes that the Bill in question conforms to the principles of freedom of association with regard to the minimum service to be maintained in the event that a strike in strategic sectors would endanger the health or the safety of the whole or part of the population, and provides for the repeal of Ordinance No. 69-14 PR/MFPTRA of June 1969, on which the Committee wishes to make the following comments.

1. The right to establish trade unions without previous authorization (Article 2 of the Convention). The Committee notes that the new Labour Code of 1998 still contains a provision which contravenes the principles of freedom of association. Section 83 stipulates that, in order to obtain legal recognition, trade union statutes must be deposited with the competent authorities, including the Ministry of the Interior, under penalty of a fine, a provision which the Committee views with some concern. Making the deposition of a trade union's statutes with the Ministry of the Interior, on penalty of severe sanctions, a condition for the legal existence of that union may constitute an obstacle to the creation of trade unions. In this respect, the Committee recalls that under the terms of Article 2, workers and employers must have the right to establish organizations of their choice without previous authorization.

2. The right of workers without distinction whatsoever to establish and join trade unions (Article 2). The Committee notes that section 2 of the Labour Code excludes seafarers from its application and stipulates that they are covered by the 1968 Merchant Marine Code. Noting that the Merchant Marine Code (Ordinance No. 38 PR/MTPTPT of June 1968) does not grant seafarers the right to organize or the right to strike, which is an intrinsic corollary of the right to organize, but does provide for sentences of imprisonment for breaches of labour discipline (sections 209, 211 and 215), the Committee asks the Government to ensure that seafarers are granted the protection of the Convention.

The Committee asks the Government to indicate in its next report the measures taken or planned to amend the Labour Code in order to avoid making the deposition of trade union statutes with the Ministry of the Interior, under penalty of a fine, a condition for the establishment of the union. The Committee also requests the Government to keep it informed with regard to the definitive adoption of the Bill concerning the right to strike and of any measures taken or planned to extend the right to organize to seafarers.

Finally, the Committee is addressing a request directly to the Government.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information contained in the Government's report to the effect that the Act on the right to strike and the new Labour Code will be sent to the Committee as soon as they have been adopted by the National Assembly.

With reference to its previous comments on the fact that section 8 of Ordinance No. 69-14 PR/MFPTRA of 19 June 1969 on the right to strike provides that personnel in public or private enterprises, organizations and establishments whose operation is necessary to the life of the nation may be deprived of the right to strike when the interruption of their service would harm the economy and the higher interests of the nation, the Committee stressed the need to confine restrictions on the right to strike to cases in which the right to strike can be limited or prohibited, namely to strike to civil servants exercising authority in the name of the State or to services whose interruption would endanger the life, personal safety or health of the whole or part of the population, and to ensure that any restrictions are combined with the appropriate guarantees. The Committee notes that the Government indicated in its previous reports that the Bill which is in process of adoption has taken its comments into account. In this regard, the Committee requests the Government to supply a copy of any legal text which is adopted, including the Labour Code, the Act respecting strikes or any other relevant texts.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments on the need to confine restrictions on the right to strike to civil servants exercising authority in the name of the State or to services whose interruption would endanger the life, personal safety or health of the whole or part of the population, and to ensure that any prohibition is offset with the appropriate guarantees, the Committee notes the Government's statement in its report that the Bill which is being drafted has taken its comments into account.

However, the Committee notes that the Government's report does not contain information on the draft Labour Code which had been prepared with the technical assistance of the ILO. It requests the Government to supply information in its next report on the measures taken in this respect and to supply a copy of any legal text which is adopted, including the Labour Code, the Bill respecting strikes or any other relevant text.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous comments on the need to confine restrictions on the right to strike to civil servants exercising authority in the name of the State or to services whose interruption would endanger the life, personal safety or health of the whole or part of the population, and to ensure that any prohibition is offset with the appropriate guarantees, the Committee notes the Government's statement in its report that the Bill which is being drafted has taken its comments into account.

However, the Committee notes that the Government's report does not contain information on the draft Labour Code which had been prepared with the technical assistance of the ILO. It requests the Government to supply information in its next report on the measures taken in this respect and to supply a copy of any legal text which is adopted, including the Labour Code, the Bill respecting strikes or any other relevant text.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments on the need to amend section 8 of Ordinance No. 69-14 of 19 June 1969 under which the right to strike may be restricted in public or private enterprises, organizations and establishments, so as to ensure that the limitation or prohibition of the right to strike is confined to civil servants exercising authority in the name of the State or to services whose interruption would endanger the life, personal safety or health of the whole or part of the population, and that any prohibition should be offset by appropriate guarantees, the Committee notes with interest from the Government's report that its comments will be taken into account in the new Bill concerning the right to strike.

The Committee asks the Government to provide information in its next report on measures taken in this respect and to provide copies of the Labour Code and any other relevant legislation as soon as it has been adopted.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the information contained in the Government's report to the effect that section 8 of Ordinance No. 69-14 of 19 June 1969 concerning the exercise of the right to strike, which provides that the personnel of public or private enterprises, organisations and establishments whose operation is necessary to the life of the nation may be deprived of their right to strike when the interruption of their service would be prejudicial to the economy and the overriding interests of the nation, has never been followed up by an implementing Decree specifying its scope. The Government nonetheless adds that requisition orders for agents of all public activity sectors were issued by the revolutionary Government at the time of the 1989 strikes, but that they remained without effect.

The Committee recalls that the limitation or prohibition of the right to strike should be confined to public servants acting in their capacity as agents of the public authority or to services whose interruption would endanger the life, personal safety or health of the whole or part of the population, and that any prohibition should be offset by appropriate guarantees.

The Committee asks the Government to indicate in its next report the measures that have been taken to confine restrictions on the right to strike to the cases mentioned above.

Furthermore, the Committee again requests the Government to indicate whether the draft Labour Code prepared with the assistance of the International Labour Office has been adopted and, if so, to provide a copy of the final version.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request:

The Committee notes that section 8 of Ordinance No. 69-14 of 19 June 1969 concerning the exercise of the right to strike provides, amongst other measures, that the personnel of public or private enterprises, organisations and establishments whose operation is necessary to the life of the nation, may be deprived of their right to resort to strike when the interruption of their service could be prejudicial to the economy and the overriding interests of the nation.

The Committee asks the Government to indicate the public or private establishments, organisations or enterprises whose operation is necessary to the life of the nation and the circumstances in which, in the opinion of the Government, the interruption of the services of these establishments is liable to be prejudicial to the economy and the overriding interests of the nation. It also requests the Government to provide information on the cases in which this provision has been applied.

Furthermore, the Committee asks the Government to indicate if the draft Labour Code elaborated with the assistance of the ILO has been adopted and if so to communicate a copy of the final text.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes that section 8 of Ordinance No. 69-14 of 19 June 1969 concerning the exercise of the right to strike provides, amongst other measures, that the personnel of public or private enterprises, organisations and establishments whose operation is necessary to the life of the nation, may be deprived of their right to resort to strike when the interruption of their service could be prejudicial to the economy and the overriding interests of the nation.

The Committee asks the Government to indicate the public or private establishments, organisations or enterprises whose operation is necessary to the life of the nation and the circumstances in which, in the opinion of the Government, the interruption of the services of these establishments is liable to be prejudicial to the economy and the overriding interests of the nation. It also requests the Government to provide information on the cases in which this provision has been applied.