An employment contract Benin employers sign is governed by two texts: the Labour Code (Law No. 98-004 of 27 January 1998) and Law No. 2017-05 of 29 August 2017 on hiring, which prevails over conflicting provisions. An open-ended contract (CDI) may be written, oral or tacit; a fixed-term contract (CDD) is always written and may be renewed indefinitely (Articles 12 and 13 of the 2017 law). Any CDD of more than one month, and any contract that moves the employee away from their usual residence, is approved (visa) and registered by the labour ministry after a medical fitness check (Articles 13 and 25 of the Code); the employer applies for the visa, which can be done online. Up to date as of 5 November 2026.
In brief
- Texts: the 1998 Labour Code and Law No. 2017-05, found constitutional (decision DCC 17-179 of 10 August 2017).
- CDI: written, oral or tacit (Article 25 of the Code; Article 11 of the law).
- CDD: written, renewable with no limit on the number of terms; from the 4th term, notice before any non-renewal (Article 13 of the law).
- Registration: ministry visa for a CDD over one month and for relocated employees (Articles 13 and 14 of the Code).
- Administrative silence: after 30 days, the visa is deemed granted (Article 14).
- Probation: a written clause in the contract (Article 8 of the law).
Employment contract Benin: the rules at a glance
| Contract | Form | Visa and registration | Text |
|---|---|---|---|
| CDI, local employee | Written, oral or tacit | No | Code Art. 25; law Art. 6 and 11 |
| CDI with relocation | Written | Yes | Code Art. 25 |
| CDD of one month or less | Written | Not required | Law Art. 12 |
| CDD over one month | Written, after a medical check | Yes | Code Art. 10 and 13 |
| Part-time | Written with set clauses | Depends on length | Law Art. 14 |
| Foreign employee | Written | Yes, with a work permit | Code Art. 10 and 27; law Art. 16 |
| Probation | Written clause | Follows the contract | Law Art. 7 to 10 |
Types of employment contract in Benin
The CDI
Its end date is not fixed in advance; either party may end it at any time, subject to notice, and it may be full-time or part-time (Article 11 of the 2017 law). Notice is 15 days for hourly-paid staff, one month for employees, workers and labourers paid monthly, and three months for supervisors and managers (Article 53 of the Code). Termination payments are covered in our guide to severance pay in Benin.
The CDD
A CDD is a written contract with a fixed end date, or an end tied to a future, certain event or to the completion of a piece of work or task (Article 12 of the law). It may be renewed indefinitely; but from the fourth term, any non-renewal must be preceded by notice, and if the employer decides not to renew, it pays an end-of-collaboration allowance calculated like severance pay (Article 13 of the law). The old cap of two years renewable once (Article 13 of the Code) therefore no longer limits the number of renewals; the maximum length of each term is still debated by legal writers. Before its term, a CDD can only be ended for gross misconduct, force majeure or written agreement; otherwise damages are capped at the pay due until the term, up to nine months’ gross salary (Article 37 of the law).
Part-time work
It covers working time at least one fifth below the legal or agreed working time. A part-time employment contract Benin employers use is written and states the employee’s qualification, pay components, weekly or monthly hours and their distribution (Article 14 of the law).
Probation
Any contract may include a paid probation period (Article 7), provided it is set out in a written clause (Article 8). Its length depends on the time needed to assess the employee, given the skills and practices of the trade (Article 9); either party may end it without notice or compensation unless the contract says otherwise (Article 10). The Code used to set 15 days, one month and three months by category (Article 21): these benchmarks, and your collective agreement, remain a cautious reference.
How to register an employment contract in Benin
The Code requires a visa and registration for any CDD over one month and for any contract, CDI included, that moves the employee away from their usual residence (Articles 13 and 25). The steps are:
- Medical fitness check for the employee before the contract is put in writing (Article 13).
- Signature of the written contract by both parties. The visa application is not a precondition for signing (Article 14).
- Visa application by the employer to the labour ministry. The government has put the “employment contract visa for nationals” and the “employment contract visa for expatriates” online on the national public services portal (government announcement, service codes PS00035 and PS00417 on service-public.bj).
- Checks: the administration verifies the employee’s identity and free consent, the contract’s compliance, that the employee has no other binding commitment and that the term is unambiguous (Article 13).
- Decision: visa and registration; if no answer is given within 30 days of receipt, the visa is deemed granted; a refusal makes the contract void (Article 14).
- Social formalities: report the filled positions to the ministry and register the employee with the CNSS (Caisse nationale de sécurité sociale, the social security fund) (Article 3 of the law).
If the employer fails to obtain the visa, the employee may have the contract declared void and claim damages (Article 14). Documents and any fees are listed on the portal’s service page: check them before filing. Written contracts are exempt from stamp duty and registration fees (Article 10 of the Code): registration is administrative, not a tax.
Foreign employees
They may be hired on a CDD or a CDI, subject to formalities set by decree (Article 16 of the law). The Code makes the contract visa conditional on a work permit issued by the Minister of Labour (Article 27), which can also be requested online (service code PS00403).
Employment contract Benin template (CDI) ready to copy
This employment contract Benin template is for a full-time CDI; a CDD uses the same clauses plus an end date. Replace the bracketed fields and adapt it to the applicable collective agreement. The contract is written in French.
OPEN-ENDED EMPLOYMENT CONTRACT
Between [company name], [legal form], RCCM No. [ ], IFU No. [ ], with registered office at [address], registered with the CNSS under No. [number], represented by [name, position], hereinafter “the Employer”,
and [Mr/Ms] [surname, first names], born on [date] in [place], [nationality], residing at [address], hereinafter “the Worker”.
Article 1 – Hiring. The Worker is hired for an indefinite period from [date], under Law No. 98-004 of 27 January 1998 on the Labour Code, Law No. 2017-05 of 29 August 2017 and the collective agreement [name].
Article 2 – Job. The Worker holds the position of [title], category [ ], grade [ ], with the following duties: [description].
Article 3 – Place of work. [City, site].
Article 4 – Probation. The contract starts with a paid probation period of [length]. During probation, either party may end the contract without notice or compensation.
Article 5 – Pay. Monthly gross base salary: [amount, at least the SMIG] FCFA; bonuses and allowances: [list]; benefits in kind: [list]. Paid monthly by [bank transfer, mobile money], with a payslip.
Article 6 – Working time. [40] hours per week, organised as follows: [schedule].
Article 7 – Leave. Paid leave under the Labour Code and the collective agreement.
Article 8 – Notice. After probation, either party may end the contract in writing, with notice of [15 days / 1 month / 3 months by category].
Signed in [city] on [date], in [number] originals.
The Employer [signature] — The Worker [signature, preceded by “read and approved”]
Pay never goes below the minimum wage: see our page on the SMIG in Benin. When the contract ends, the employer makes a certificate of employment available (Article 62 of the Code): see our page on the employment certificate. Resignation is given in writing (Article 36 of the law): see our resignation letter template.
Common mistakes with an employment contract in Benin
- An oral CDD: the 2017 law requires writing for every CDD (Article 12).
- Skipping the visa for a CDD over one month: the employee may have the contract voided and claim damages (Article 14).
- Not planning for the 4th term: notice and end-of-collaboration allowance (Article 13 of the law).
- Unwritten probation: the clause must be in the contract (Article 8).
- Ending a CDD early without gross misconduct, force majeure or written agreement (Article 37).
- Forgetting the CNSS: see our guide to CNSS contributions in Benin.
HR document management software generates each employment contract Benin teams need from templates, stores the approved copies and flags every CDD end date.
Frequently asked questions
Must an employment contract Benin employers use be in writing?
A CDI may be written, oral or tacit (Article 25 of the Code), unless it relocates the employee. CDDs, part-time contracts, probation and foreign employees’ contracts are written.
How do I register an employment contract in Benin?
After the medical check and signature, the employer applies for the visa to the labour ministry, at its offices or online on service-public.bj. Without an answer within 30 days, the visa is granted (Articles 13 and 14).
Which contracts need a visa?
A CDD over one month, a contract that relocates the employee and a foreign employee’s contract (Articles 13, 25 and 27 of the Code).
Can a CDD be renewed several times in Benin?
Yes, indefinitely since Law No. 2017-05; from the 4th term, notice must precede any non-renewal (Article 13).
How long is probation?
A length set in writing according to the skills and practices of the trade (Articles 8 and 9 of the law).
Does the contract attract registration fees?
No: written contracts are exempt from stamp duty and registration fees (Article 10 of the Code).
Can a foreigner have a CDI in Benin?
Yes: the 2017 law allows a CDD or a CDI (Article 16), with a work permit and a contract visa.
Where can I read Benin’s Labour Code?
On the website of the General Secretariat of the Government, which also publishes Law No. 2017-05.
Key takeaways
- An employment contract Benin employers sign combines the 1998 Code and Law No. 2017-05.
- A CDD is written, renewable without limit and regulated from its 4th term.
- A CDD over one month and a relocated employee’s contract need a ministry visa.
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