Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Benin (Ratification: 2019)

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The Committee notes the Government’s first report.

Part V (Old-age benefit) of the Convention, Article 27(a); Part VI (Employment injury benefit), Article 33(a); Part VII (Family benefit), Article 41(a); Part VIII (Maternity benefit), Article 48(a); Part IX (Invalidity benefit), Article 55(a); and Part X (Survivors’ benefit), Article 61(a), in conjunction with Part XIV (Miscellaneous Provisions), Article 76. Coverage. The Committee notes that according to section 4 of the Act No. 98-019 of 21 March 2003 on the Social Security Code, workers covered by the general social security scheme are those employed by an employer on the national territory and who are protected under sections 1 and 2 of the Labour Code (Act No. 98-004 of 27 January 1998), whatever the nature, the form, the validity of the employment contract or the amount of remuneration. The Committee also notes the statistical information provided by the Government, and in particular the total number of persons insured under the National Social Security Fund (CNSS), which, in 2020, amounted to 353 231. The Committee further observes, from the information available in the ILO World Social Protection Database (WSPDB), that the total number of workers covered by law for old-age, work injury, family, and invalidity benefits in Benin represents 10,7 per cent of the total number of workers in the labour force, and that informal economy employment represents 94.5 per cent of total employment.

The Committee recalls that, in accordance with Articles 27(a), 33(a), 41(a), 48(a), 55(a) and 61(a) of the Convention, the persons protected for old-age, work injury, family, and invalidity benefits must represent at least 50 per cent of all employees. The Committee requests the Government to provide up-to-date statistical information as indicated in the report form under Article 76 of the Convention for all Parts accepted, regarding: (i) the total number of employees legally protected under social security schemes, including special schemes, for all Parts of the Convention accepted; and (ii) the total number of workers employed in the country.Recalling that the aim of the Convention is to ensure that the largest number of workers enjoy the benefits provided in respect of each Part of the Convention which has been accepted, the Committee requests the Government to provide information on the measures envisaged to extend social security benefits to workers who are currently not covered for the benefits coming under the Parts of the Convention that have been accepted by Benin.

Part VI (Employment Injury benefit), Article 34. Medical care at home.The Committee requests the Government to indicate how domiciliary visiting and nursing care at home are ensured to insured persons in case of employment injuries or occupational diseases.

Part VI (Employment Injury benefit), Article 37. Payment of benefits abroad. The Committee notes the Government’s indication that according to section 109 of the Social Security Code, employment injury benefits, like other social security benefits, are suspended in case of residence abroad, except in case of the existence of reciprocity agreements or of an international Convention. The Committee recalls that Article 37 of Convention No. 102 provides that employment injury benefits must be secured to all persons employed in the territory of Benin at the time of the accident and to their spouses and children in case of work injury resulting in a decease. The Committee requests the Government to provide information on the reciprocity agreements in force to ensure the payment of employment injury benefits to workers who have suffered a work accident or contracted an occupational disease in the course of their employment in Benin, and to their spouses and children, in case of death of the worker, without any conditions as to residence. Furthermore, the Committee requests the Government to provide a copy of the reciprocity agreements in force to which section 109 of the Social Security Code refers.

Part VII (Family benefit), Article 44. Total value of family benefits. The Committee notes the statistical information provided by the Government concerning the total amount of family benefits paid to persons protected in 2019. The Committee requests the Government to indicate, together with the up-to-date total value of benefits: (i) the total number of children of all persons protected (subparagraph a of article 44 of the Convention) or of all residents; and (ii) the reference wage of an ordinary adult male labourer selected as provided for in Article 66 of the Convention, to assess if the total value of family benefits provided represents at least 3 per cent of the said wage multiplied by all children of persons protected, or 1,5 per cent of that wag, multiplied for all children of all residents, as required by Article 44 of the Convention.

Part VIII (Maternity benefit), Article 49. Medical benefits. The Committee notes the Government’s indication that maternity medical benefits provided free of charge were those listed in section 52 of the Social Security Code, namely medical consultations, medical care, medical expertise, supply of pharmaceutical products, medical analyses, vaccinations, training and information sessions on nutritional and family hygiene and any other service having an interest in the improvement of the health of beneficiaries. The Government indicates, however, that no benefit is provided in case of hospitalization, and that deliveries are not covered. Recalling that Article 49 of the Convention requires the provision of medical care during confinement, either by medical practitioners or by qualified midwives, and hospitalization where necessary, the Committee requests the Government to provide detailed information on the manner in which these requirements of the Convention are met in law and in practice.

Part IX (Invalidity benefits), Article 57, and Part XI, Article 65 and Schedule appended. Rate of benefits. The Committee notes that sections 94 and 95 of the Social Security Codeprovide that an insured person who becomes unable to engage in any gainful activity before the age of 60 and who has completed at least 60 months (5 years) to 180 months (15 years) of insurance is entitled to an invalidity pension equal to 30 per cent of average monthly earnings, in accordance with Article 57(3) of the Convention. The Committee recalls that Article 65 of the Convention requires that the rate of the benefit paid after 15 years of contributions, increased by the amount of any family allowances payable during the invalidity, shall be such as to attain at least the percentage prescribed by the Convention (30 per cent in this case) of the total of the previous earnings of a standard beneficiary, as defined in paragraph 6 of the same Article. In order to assess if the level of invalidity benefit meets the minimum requirement set out in Article 57(3), in conjunction with Part XI of the Convention, the Committee requests the Government: (i) to provide the reference wage for a standard beneficiary, selecting the wage of an employee among the categories indicated in Article 65(6) of the Convention; (ii) to indicate if family allowances are provided also to persons who are receiving invalidity benefits.

Part X (Survivors’ benefits), Article 63, and Part XI, Article 65 and Schedule appended. Rate of benefits. The Committee notes from the information provided by the Government that a surviving spouse with 2 children is entitled to 80 per cent of the old-age or invalidity pension to which the breadwinner was entitled (section 96 of the Social Security Code), consisting in 30 per cent of the breadwinner’s earnings after 15 years of contributions (section 95 of the Social Security Code). The Committee notes that in cases of invalidity the qualifying period of insurance to be entitled to a pension is reduced to 5 years (60 months, section 94 of the Social Security Code). The Committee recallsthat the survivor’s benefit to which a dependent spouse with 2 children must be entitled at a minimum after 15 years of contribution by the deceased worker shall constitute at least 40 per cent of the reference wage for a standard beneficiary, in accordance with Article 63 of the Convention, or 30 per cent after 5 years of contribution, according to Article 63(3) of the Convention, as regards all deceased insured workers who met the qualifying periods above. It thus requests the Government to indicate whether the invalidity benefit set out in section 96 of the Social Security Code is complemented by other periodical benefits to which the surviving spouse and children of a deceased insured worker would be entitled to replace the income support lost as a result of the death of their breadwinner.

Part XII (Equality of treatment of non-national residents) and Part XIII (Common provisions). The Committee requests the Government to provide information as set out in the report form on the application of the Convention regarding the above-mentioned Parts.