Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Benin (RATIFICATION: 1968)

CMNT_TITLE

Previous comment

Right to collective bargaining in practice. The Committee notes that, in addition to the general information already communicated concerning the number of collective agreements and enterprise agreements signed in semi-public enterprises, and agencies and structures under the supervision of the public administration, as well as in industry, services and commerce, the Government reports having signed: (i) in 2022 an enterprise agreement in the elastomers and plastics industry; and (ii) in 2023 a collective agreement in the sugar industry. The Committee requests the Government to provide comprehensive updated information on the number of agreements concluded in the country, including not only the sectors concerned but also the number of workers covered. The Committee also requests the Government to provide information on the initiatives taken by the Government to promotefree and voluntary collective bargaining.

CMNT_TITLE

The Committee notes the observations of the Trade Union Confederation of Workers of Benin (CSTB), received on 30 September 2019, concerning acts of anti-union discrimination against several leaders of national trade unions (the National Union of Police Officers (SYNAPOLICE), the National Union of Water, Forestry and Hunting Workers and the National Union of Dockworkers (SYNFOMAP)), as well as against worker representatives on the Governing Board of the National Social Security Fund (CNSS). The Committee also takes note of the Government’s reply in this regard.

Right to collective bargaining in practice. The Committee notes the general information from the Government regarding the collective agreements and enterprise agreements concluded in para-public enterprises and agencies and structures under the supervision of the public administration, as well as in industry, services and commerce. The Committee requests the Government to provide full information on the number of agreements concluded in the country, the sectors concerned and the number of workers covered.

CMNT_TITLE

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2016, which are essentially a repetition of its 2016 observations. The Committee also notes the comments provided by the Government in reply to the 2016 observations of the ITUC.

Article 4 of the Convention. Promotion of collective bargaining. Determination of the organizations to be engaged in collective bargaining at the sectoral level. The Committee notes the absence of a reply from the Government to the ITUC’s observation that collective bargaining is in practice subject to the intervention of the Ministry of Labour or the labour inspectorate, which designates the trade union representatives on bargaining committees at the sectoral level. The Committee requests the Government to specify how in practice employers’ and workers’ organizations are selected for the joint sectoral committees provided for in section 122 of the Labour Code.

Threshold of representativity for first-level trade unions. The Committee notes that the ITUC considers that the proportion of votes required in occupational elections for a first-level trade union to be considered representative is too high (40 per cent of the votes cast). The Committee notes the Government’s reply in which it recalls that this threshold was agreed in the National Labour Council with the objective of avoiding the fragmentation of trade union representation. The Committee requests the Government to indicate the extent to which this threshold of representativity has an impact on participation in collective bargaining at the enterprise level.

Dispute resolution mechanisms. With reference to the observations of the ITUC on compulsory recourse to particularly long procedures of mediation or arbitration in the event of a dispute during collective bargaining, the Committee recalls that it considers machinery to support bargaining, such as information, conciliation, mediation or voluntary arbitration, to be admissible (see General Survey on the fundamental Conventions, 2012, paragraph 200). Nevertheless, its implementation must not hinder the promotion and development of collective bargaining within the meaning of the Convention. The Committee hopes that the Government will ensure in practice compliance with the above principle in the collective bargaining process.

Right to collective bargaining in practice. The Committee notes the Government’s general information regarding the collective agreements concluded in the port, construction, banking and insurance sectors. The Committee requests the Government to provide full information on the number of agreements concluded in the country, the sectors concerned and the number of workers covered.

CMNT_TITLE

The Committee notes that the Government’s report has not been received.

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2016, alleging the fact that collective bargaining is in practice subject to intervention by the Ministry of Labour or the labour inspectorate, which are responsible for designating the trade union representation in bargaining committees at the sectoral level. The ITUC also reports compulsory recourse to particularly long conciliation and arbitration procedures when disputes arise during collective bargaining. Lastly, the ITUC considers too high the number of votes required in occupational elections for a first-level union to be considered as representative (40 per cent of the votes cast). On this last point, the Committee recalls that the requirement of too high a percentage for representativity to be authorized to engage in collective bargaining may hamper the promotion and development of free and voluntary collective bargaining within the meaning of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 233). The Committee requests the Government to provide its comments in response to the issues raised by the ITUC.

The Committee also requests the Government to provide information on the measures taken to promote collective bargaining in the private and public sectors, and to indicate the collective agreements concluded, with an indication of the sectors and the number of workers covered.

CMNT_TITLE

The Committee notes the comments on the application of the Convention submitted by the General Confederation of the Workers of Benin (CGTB) and the International Trade Union Confederation (ITUC).

In its previous comments, the Committee had hoped that the new Merchant Shipping Code would explicitly recognize the right to collective bargaining of representative organizations of workers in merchant shipping. The Committee notes the adoption of Act No. 2010-11 issuing the Maritime Code of the Republic of Benin, by the National Assembly on 27 December 2010. The Committee notes this development with interest, and in particular that section 224 of the Code stipulates that: (i) collective agreements concluded between the qualified representatives of shipowners and seafarers may determine, within the framework of legal provisions, the reciprocal obligations of shipowners and seafarers; (ii) these agreements are deposited with the Director of the Merchant Navy; and (iii) they must be entered in the crew list and be available on board.

CMNT_TITLE

In its previous comments in 2007, the Committee noted the comments of the International Trade Union Confederation (ITUC) and the National Union of Workers of the Ministry of the Public Service, Labour and Administrative Reform (SG/SYNTRA/MFPTRA) denouncing acts of anti-union discrimination, including transfers within the Ministry of the Public Service. The Committee notes the Government’s indication in its report that a ministerial order has been issued under which trade union representatives will henceforth be associated with personnel transfers.

The Committee notes the communication of the Confederation of United Unions of Benin (CSUB), dated 12 June 2008, which had been forwarded to the Government for comments, contesting the adoption of a Decree defining the various types of trade union organizations and criteria of representativeness. The Committee notes that, in an informal procedure, the Government sent replies to the issues raised. It indicated, among other matters, that the Decree challenged by the CSUB had been prepared to respond to the concerns of the social partners on the arrangements for the organization of trade union elections and the representativeness levels determined, which they considered to be too high. It was the subject of consultation in the National Labour Council and with trade union confederations, including the CSUB, before being adopted. With regard to the definition of the various forms of trade union organizations, the proposal was voted on by the National Labour Council without opposition from the confederations present. The system that was chosen requires five first-level trade unions from the same sector or the same branch of activity to establish a federation, and three federations from different sectors or branches to establish a confederation. In order to acquire representative status, the Decree establishes the requirement to obtain 40 per cent of the votes cast in trade union elections for a first-level union and 15 per cent for confederations. The Committee notes this information.

In its previous comments, the Committee hoped that the new Merchant Shipping Code would explicitly recognize the right to collective bargaining of representative organizations of workers in merchant shipping, and it requested the Government to provide a copy of the text adopted. The Committee notes the Government’s confirmation that this right will be recognized in the draft of the new Merchant Shipping Code, which is currently under examination by the National Assembly. The Committee requests the Government to provide a copy of the new Merchant Shipping Code when it has been adopted.

CMNT_TITLE

The Committee notes the Government’s report and the replies to its previous direct request. It also notes the observations of the International Trade Union Confederation (ITUC), dated 28 August 2007, which relate to matters already raised by the Committee in its previous direct request, and the allegation by the National Union of Workers of the Ministry of the Public Service, Labour and Administrative Reform (SG/SYNTRA/MFPTRA) of acts of anti-union discrimination in the Ministry of the Public Service. The Committee requests the Government to provide its comments on the latter issue.

In its previous comments, the Committee requested the Government to indicate whether seafarers enjoyed the right to collective bargaining. The Committee notes the indication that the shipping administration in practice recognizes the right to collective bargaining by seafarers. Furthermore, this right will be recognized in the new Merchant Shipping Code, which is currently being examined by the National Assembly with a view to its adoption. The Committee also notes the indication that collective bargaining is being held in the sector between the Government, represented by the Ministry of Labour and the Public Service, the Ministry representing the President of the Republic which is responsible for transport and public works and the National Union of Seafarers of Benin (SYNAMAB). The Committee hopes that the new Merchant Shipping Code will explicitly recognize the right to collective bargaining for representative organizations of workers in merchant shipping and it requests the Government to provide a copy of the text in its next report. The Government is also requested to indicate the collective agreements in force covering seafarers and, where appropriate, to provide copies of these agreements.

CMNT_TITLE

The Committee notes the Government’s report. It also notes the comments made by the International Confederation of Free Trade Unions (ICFTU) concerning the application of the Convention. The Committee notes that, according to the ICFTU, seafarers do not have the right to organize as they are excluded from the scope of application of the Labour Code; various reports have referred to trade unionists being dismissed due to their trade union activities; and in certain cases, the management of private sector enterprises supports parallel trade union organization.

The Committee notes the Government’s response to the observations made by the ICFTU. With regard to the comment on the exclusion of seafarers from the scope of application of the Labour Code, the Government indicates that Act No. 98-015 of 15 May 1998 recognizes the seafarers’ right to organize. In this regard, the Committee requests the Government to indicate whether the seafarers also enjoy the right to collective bargaining. As to the comment concerning the support lent to parallel trade union organizations by the management of private enterprises, the Government indicates that, in conformity with section 79 of the Labour Code, no employer shall use pressure in favour of or against a trade union organization of employees whatever its nature; the Government emphasizes that the comments and statements are too general. The Committee invites the Government  to provide fuller statistical information on the complaints lodged at the national level on acts of interference by employers’ organizations and on the sanctions imposed.

CMNT_TITLE

The Committee notes the Government's report.

With reference to its previous comments on measures to promote and encourage the full development and utilization of collective negotiation procedures between the social partners (Article 4 of the Convention), the Committee notes the information supplied by the Government to the effect that it will undertake to send copies of the collective Conventions in force during the International Labour Conference in June 1996 at the latest.

CMNT_TITLE

The Committee takes due note of the Government's report.

With reference to its previous comments on measures to encourage and promote the full development and utilization of machinery for voluntary collective negotiation between the social partners (Article 4 of the Convention), the Committee trusts that the Government will, in accordance with the assurances in its report, provide copies of the collective agreements in force as soon as it has found a way of forwarding them.

CMNT_TITLE

The Committee notes the information supplied by the Government in its report for the period ending 15 October 1990 to the effect that, apart from the provisions of the Labour Code of 1967, no specific measures have been taken to encourage and promote the full development and utilisation of machinery for voluntary collective negotiation between the social partners. The Committee requests the Government to provide information in its future reports on any measures taken to give effect to Article 4 of the Convention and to provide copies of all collective agreements currently in force.

CMNT_TITLE

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 requests the Government to supply information on the practical effect given to the Convention and, in particular, to indicate the measures taken, in accordance with Article 4 of the Convention, to encourage and promote the full development and utilisation of machinery for the voluntary negotiation of collective agreements between employers and workers. In this connection, it requests the Government to indicate the number of collective agreements concluded, the number of workers covered by the collective agreements and the sectors covered.

As regards Articles 1 and 2 of the Convention which are applied through Article 7 of the Labour Code, the Committee asks the Government to indicate whether or not the legislation provides for sufficiently efficient and dissuasive sanctions, in addition to the payment of damages, for violations of that provision.

CMNT_TITLE

The Committee requests the Government to supply information on the practical effect given to the Convention and, in particular, to indicate the measures taken, in accordance with Article 4 of the Convention, to encourage and promote the full development and utilisation of machinery for the voluntary negotiation of collective agreements between employers and workers. In this connection, it requests the Government to indicate the number of collective agreements concluded, the number of workers covered by the collective agreements and the sectors covered.

As regards Articles 1 and 2 of the Convention which are applied through Article 7 of the Labour Code, the Committee asks the Government to indicate whether or not the legislation provides for penal sanctions, in addition to the payment of damages, for violations of that provision.