Social security in Benin : Why declare your domestic employee ?

The National Social Security Fund has made a noble decision, that of repairing an injustice towards domestic workers. It is for this purpose that she launched Thursday 16 November 2023 the establishment of an online declaration system called “Gens de maison”. Thus through the “Domestic Employees” platform which is accessible in a few clicks, 24h on 24 and 7 days on 7, sure www.service-public.bj., this statement can easily be made. But why declare your domestic employees? ? Read to understand better.

How can we define domestic work??

Domestic work refers to work carried out within one or more households. It may include tasks such as cleaning, the kitchen, washing and ironing clothes, caring for children or elderly or sick members of the family, gardening, guarding the house, the driving (chauffeur). It is carried out in the private home of the individual employer. The employee (e) housekeeper carries out household or household tasks. The individual employer cannot sue, through this work, from profitable ends.

What is the legal framework governing domestic work?

Domestic employees are specifically subject to the provisions of Order No. 26/MFPTRA/DC/SGM/SRT of 14 avril 1998 establishing the general conditions of employment of domestic workers in the Republic of Benin. As workers, domestic employees remain subject to the provisions of laws no. 2017-05 of 29 August 2017 establishing the conditions and procedure for hiring, placement of labor and termination of the employment contract in the Republic of Benin and no. 98-004 of 27 January 1998 establishing the labor code in the Republic of Benin and the general collective labor agreement of 30 December 2005 in the Republic of Benin on aspects not specified by Order No. 26 mentioned above. Finally, domestic workers are subject to the provisions of law no. 98-019 of 21 mars 2003 bearing the social security code as amended by laws no. 2007-02 of 26 mars 2007 and no. 2010-10 of 22 mars 2010.

What is an individual employer?

Is a particular employer, any natural person who hires the services of a(e) employee(e) of house to carry out a job or several house jobs.

What is a (e) employee(e) Of house?

Is famous(e) employee(e) Of house, the one who carries out, permanently and habitually, for a salary, work at home or within a family, with one or more employers.

Does the engagement have to be made on the basis of a written employment contract? ?

By principle, the parts (individual employer, domestic worker) are free to give their employment contract the form that suits them. They can thus conclude it verbally or in writing. However, writing helps avoid misunderstandings, the unsaid, and clearly foresee the conditions of the contract.

How is the salary fixed between the domestic employee and the private employer??

The salary is set freely by the parties (individual employer, domestic worker). The individual employer must agree with his domestic employee on the amount of salary to be paid based on the experience and category of the latter.. However, the amount of the salary cannot be lower than the guaranteed inter-professional average salary (CHIN) in force.

Can a domestic worker receive compensation or bonuses in addition to their salary??

Besides the salary, the domestic employee can benefit from an incentive bonus, a leave allowance and a seniority bonus, if he meets the required conditions.

What is the treatment reserved for benefits in kind provided to domestic workers living with their employer??

Benefits in kind (accommodation, food, care…) granted by the individual employer to his domestic employee must be considered as components of the salary. When the domestic worker is housed, fed and cared for by the private employer, a minimum of 25% at least of his monetary remuneration must be paid to him.

How long does domestic work last a week??

The working week is fifty (50) hours for domestic workers.

What are the obligations of the individual employer vis-à-vis the National Social Security Fund? (CNSS)?

The employer is required to register and have his or her employee(s) affiliated (e)s of house, to report to the CNSS any modifying information occurring after registration or affiliation (ex. address change, cessation of activity, salary change, of the contract etc.) and pay contributions on time.

How does an individual employer register with the National Social Security Fund??

To register, the individual employer creates a file consisting of a form to be collected from the CNSS counters or downloadable from the website www.enss bj), a copy of their identity card. He must also produce his Personal Identification Number (NPI).

How do you declare a domestic employee to the National Social Security Fund??

To register the domestic employee, the individual employer, fills out a hiring notice to be collected at the counters or downloadable from the website www.cnss.bj to which he attaches the birth certificate, the NPI and two identity photos of the domestic employee. This file is submitted to the CNSS.

In the event of succession of individual employers, does the domestic worker have to use the same number ?

Yes, the domestic employee keeps his or her original registration number in his or her relations with the CNSS throughout his or her working life.

Is the declaration for the purposes of registration of the domestic employee an option left to the discretion of the particular employer or dependent on the will of the parties to the employment contract??

The subjection of domestic workers to the general social security system is a legal obligation. It is up to the employer to require. From the services of the National Social Security Fund, the registration of your domestic employee, from the first day of employment.

What are the advantages of declaring a(e) employee(e) of house to the National Social Security Fund?

The declaration will allow the employee to be registered(e) Of house. The latter thus acquires the status of socially insured person and benefits from all the benefits provided by the National Social Security Fund..

How are social security contributions for domestic workers calculated??

It is first necessary to determine the contribution base.. The contribution base is made up of all remuneration received by the domestic employee, including allowances., primes, gratifications, commissions and all other cash benefits, as well as the equivalent value of benefits in kind. To this base of contributions, a contribution rate of 20%.

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