Decree No. 2020-458 Of 23 7. 2020

Original Language Title: Décret N° 2020-458 du 23 sept. 2020

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REPUBLIC OF BÉNIN Fraternité-Justice-Travâil


PRESIDENCY OF THE MEETING


DECRET N " 2O2O _ 458 OF 23 SEPTEMBER 2O2O bearing various forms of trade union organisations of workers and criteria of their representativeness in the Republic of Benin.


THE PRESIDENT OF THE REPUBLIC,


HEAD OF STATE,


HEAD OF GOVERNMENT,


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Act No. 90-32 of 11 December 1990 on the Constitution of the Republic of Benin, as amended by the Act 2019-40 of 07 November 2019; Law n " 2015-18 of 1 September 2017 on the General Status of the Civil Service, as amended By Law n " 2017-43 of 02 juittet 2018 and Law n. 2018-35 of 05 October 201B;


Law n "98-004 of 27 January 1 998 on the code of labour in the Republic of Benin; Law n" 2017-05 of 29 August 12117 laying down the conditions and procedure for the hiring, placement of labour and termination of the employment contract in Republic of Benin; Act 97-028 of 15 January 1 999 on the organization of territorial administration in the Republic of Benin;


The decision by the Constitutional Court to declare on 30 March 2016 the final results of the presidential election of 20 March 2016; the decree No. 2019-396 of 05 September 2019 on the composition of the Government;


Decree No. 2019-430 of 02 October 2019 fixing the structure-type of ministries; Decree n "2020-241 of 15 April 2020 on the powers, organisation and operation of the Ministry of Labour and the Public Service; Decree n" 2020-079 du ' 19 February 2020 on the remit, organisation and operation of the Ministry of Justice and Legislation;


The decree 2017-041 of 25 January 2017 porising the powers, organisation and operation of the Ministry of Economy and Finance; Decree No. 98-485 of 15 October 1 998 laying down conditions for the organisation and functioning of the National Council Work; proposal of the Minister of Labour and Public Service,


Council of Ministers heard at its meeting of 23 September, 2lZ},


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DEADED


CHAPTER PREMTER: CHAMp D, AppLICATION


Article 1


This Decree shall apply to trade unions of workers


Article 2


CHAPTER lt: DEFtNtTtON DTFFERENT FORMS OF UNION ORGANIZATIONS


Article 3


The trade union is a grouping of persons practising the same profession, or related occupations, or occupations, pori r, Etruscan and Defence a "= roit! so quedes materialistic and moral interests both coileciiis and individuers 0". P"r"onnà. , i"u. P ", r". Statuses on the one hand, and ra contribution towards the attainment of the objectives o "r"ri," iiâ6 " iroouction, d' auhe part.


Every duly constituted trade union shall have legal personality.


The various forms of trade union organisations are:


-the national trade union of members whose activities fall within the scope of one or more of the stalls or undertakings situated on the national territory; ' -- union d, company, quj r.egrorpu Or. MuÀOie. Including, .tie. P-rot ". Engaged in courses only in limited res; intervention àe radite untrepiis";---- '


-the basic union which, in a whorl organization, is located at r, ercheron re prusbas of a federation, a centrarà or o; rnà conteoàiation àlr"nJËu"rà'r"qrerr " irest affiliated; - the independent trade union which is identified as No other senior trade union organization; -- the union federation, which is the vertical grouping of different trade unions that will be evorative in even braiche, Jrn. Re even


" Turi o; u.tirités et quilui are affiliated; - the syndicare plant which is regrouping of syndrcats, syndicate federations of union unions. La préseÀce àe feoeration syndicare est facurtative. - the confederation syndicare which brings together des.vnoi.rt., teoerationïit'arl, and ausunions syndicares. L' pÉPresence oe teoeraion sÿnaicate est oorigaio-iie l' -- l' union syndicare ou assimirée q-ri


". T rè Toh.-'rpement sur re pran horizontar dessections de différents syndicats, ieaerations, ienirares ou conteo? EL - "lynoicateset whose purpose is to provide essential essentials;;;;; r * ffiiJii," r, o*common objectives.


CHAPTER III: REPRESENTATIVES OF TRADE UNIONS


The representative character of trade unions is determined by the results of professional elections.


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Article 4


-Professional elections are held on the basis of an electable list


Regularly reported workers.


Article 5


To be representative, the basic union must obtain at least 20 % of the votes cast in the professional elections.


Union power stations or confederations must obtain at least 20 Yo of the votes cast to be representative.


Article 6


The majority union obtains the largest number of votes from the voters in the professional elections.


Article 7


The representativeness of the plants and trade union confederations is essentially established and of. Separate manjère_ by public or private sector. The para-public or mixed sector is assimilated to the private sector.


Rule 8


Representative trade unions and confederations shall be allocated seats in Ies fora of representation, in proportion to the results of the national, departmental, municipal or municipal professional elections and the number Available in the sector in question.


The representative character of the plant or trade union confederation gives it the right to take part in the activities of advisory bodies, consultation and collective bargaining at national level, in proportion to the number of seats Available.


Rule 9


Only representative trade unions or confederations are invited to official events organised by the Government or other administrative authorities, in the limit of the places available.


Rule 10


The list of representative trade unions shall be established by order of the Minister responsible for Labour.


Rule 11


Only the representative character of the union shall entil it to the financial support of the State, enterprise or establishment where appropriate.


CHAPTER lV: FTNAL PROVISIONS Article 12


The Minister of Labour and the Publlque Staff, the Minister of Economy and Finance and the Minister of Justice and the Minister of Justice and the Minister of Justice shall be responsible for the implementation of this Decree.


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Rule 13


This Decree, which takes effect from the date of its signature, repeals the provisions of Decree n " 2013-552 of 30 December 2013 on different fôrms of trade unions of workers and criteria of their representativeness and Any other earlier provisions to the contrary.


It will be published in the Official Journal.


Done at Cotonou, on 23 September by the President of the Republic, Head of State, Head of Government,


The Garde des Sceaux, Minister of Justice and Ia Legislation,


Se"i, i"k ^


Patrice TALON


The Minister of Labour and Public Service,


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