Employer in Togo

A formal employer in Togo can be an individual or a company, institution or public body. Public-service employment may follow special rules. The employer must declare the company or establishment to the Inspection du travail et des lois sociales within 30 days after registration, keep an employer register up to date and retain it for five years. The Agence nationale pour l’emploi (ANPE) is the public employment service. An employer may recruit directly, but the applicant should be registered with ANPE beforehand. A hiring must be reported to ANPE within eight days, and the employer must provide its staff numbers at least twice a year. Private placement and temporary-work services require approval, and the employer pays the placement fee; an applicant may not be charged. The ANPE can record vacancies, preselect applicants, supervise tests, advise human-resources teams, provide training and support international recruitment. An open-ended contract is the normal form of employment. Fixed-term contracts require an objective and temporary reason; seasonal, project, mission, part-time, temporary-work and tâcheronnat arrangements are also possible when their conditions are respected. An apprenticeship agreement must be written, may start at age 15 and may last up to four years. An internship requires a written learning agreement and may not replace a permanent job. Work by children under 15 and hazardous child labour are prohibited. Employers must recruit and treat workers without discrimination, prohibit forced labour and exploitation, provide equal pay for equal or equivalent work, and make access possible for people with disabilities. They provide a salary statement and identify the applicable sectoral or interprofessional collective agreement in the contract. An internal regulation is required when the workforce exceeds 10 employees; it must be written in French, submitted to worker representatives and sent to the labour inspectorate for approval. Employers may not use monetary fines as disciplinary measures, and disciplinary action is generally subject to a two-month time limit. The Caisse nationale de sécurité sociale (CNSS) covers the social-security system. The employer must register with CNSS within eight days of the first employment and register each employee within eight days of hiring. The total contribution is 21.5% of the wage: 17.5% paid by the employer and 4% by the employee. The employer share consists of 3% for family benefits, 2% for occupational risks and 12.5% for pensions. Contributions include relevant bonuses and benefits, exclude expense reimbursements and family benefits, and may not be calculated below the SMIG. Payment is due monthly by the 15th of the following month; late payment can lead to surcharges and forced collection. The employer must arrange insurance for non-occupational sickness and accidents. Contributions are shared, but the employer remains responsible toward the insurer. For tâcheronnat, the entreprise utilisatrice has primary responsibility for safety and working conditions on construction sites and comparable workplaces. Each employer must assess risks and provide occupational safety and health measures, prevention, information, training, suitable organisation and adequate resources. Safety training also covers fixed-term and temporary workers. A workplace accident must be reported to the labour inspectorate within 48 working hours and to CNSS within three working days. The employer must arrange first aid and transport where required. Every company needs an occupational safety and health service, either its own or an inter-company service suited to its risks and workforce. From 25 employees, a Comité de sécurité et de santé au travail (CSST) is required; smaller workplaces need a safety delegate. A worker may alert the employer and withdraw from a dangerous situation without being sanctioned under the applicable procedure. Pregnancy and maternity also affect the employer's duties. Maternity leave lasts 14 weeks and may be extended by three weeks for medical reasons. CNSS pays the full maternity benefit under the amended rules. Dismissal during pregnancy, maternity leave or the breastfeeding period is prohibited except for serious misconduct. Breastfeeding breaks may last up to one hour per day until the child is 15 months old. Worker delegates are elected representatives with a two-year mandate and a maximum of two renewals, subject to the threshold and procedure set by Arrêté 3912. They handle individual and collective complaints and may propose measures affecting productivity or organisation. The employer must consult them before staff reductions, a reorganisation involving job losses or closure of a workplace, normally at least one month before the decision. Dismissing a worker delegate requires prior authorisation from the labour inspectorate; the inspectorate has 30 calendar days to decide, and silence counts as approval. Union delegates are appointed by representative trade unions. CNP-Togo represents private-sector employers in social dialogue, while employers may freely join employer organisations and must not pressure workers for or against union membership. An individual employment dispute first goes to conciliation before the labour inspectorate. The summons should be issued within 15 days. A settlement recorded in an official report becomes enforceable after the required declaration of enforceability; if conciliation fails, the Tribunal du travail can hear the case with a magistrate and employer and worker assessors. Collective disputes begin with negotiations, followed by a report within 48 hours, labour-inspectorate conciliation and possible escalation to the Direction générale du travail within 15 days. A representative union may call a strike only after negotiations and 10 working days' notice. An employer may not punish participation in a lawful strike, while a lockout is exceptional and limited to specified security or operational situations after an unlawful strike. Organisational change has separate safeguards. Temporary technical unemployment requires consultation with worker representatives and prior approval from the labour inspectorate; it may last up to three months, with ministerial approval required beyond that period. Economic dismissal may follow reorganisation, technological change or a serious fall in competitiveness, but the employer must examine alternatives such as reduced hours or activity, rotation, part-time work, training, redeployment or temporary technical unemployment. Representatives and the labour inspectorate must receive the required information, and final dismissal cannot occur earlier than 21 days after the documents are submitted. The employer must provide a support measure worth at least one month's gross salary, and the dismissed worker has priority for re-employment for 24 months.