Labor law in Togo

The Code du travail applies mainly to dependent work performed in Togo by employees, employers, trainees and apprentices. Public servants remain subject to their own statutes. Independent workers and people in the informal economy do not automatically receive employee status under the Code du travail, although CNSS and AMU schemes can provide functional social protection. An employment contract may be governed by the Code du travail, a collective agreement or an individual agreement. A contract cannot provide less protection than the law, while more favorable contractual or collective terms may apply. An open-ended contract, called a CDI, is the standard form. A fixed-term contract, called a CDD, is limited to a precise temporary task, must generally be written and may last up to two years initially and four years in total including renewals. A formal defect can lead to CDI treatment. Project contracts must be written and linked to a defined project, whose duration may exceed the normal CDD limits. Part-time work requires a written agreement, proportional pay and equal employment rights. Trial periods vary by role: up to one month for workers and employees, three months for supervisors and technicians, and six months for managers. A CDD trial period may last up to one month and cannot be renewed. The notice period for ending a trial period is 48 hours. Temporary agency work requires an approved agency. The agency is the employer, while the user company remains responsible for workplace health and safety. Agencies handle social contributions and AMU obligations, cannot replace striking workers and cannot assign workers to prohibited dangerous work. Foreign workers generally need a written contract and prior authorization or visa. A work visa can last up to two years and may be renewed once; a decision is treated as granted after 15 working days when the applicable procedure provides for that result. Normal working time is limited to 40 hours per week and 10 hours per day. Agriculture follows a limit of 2,400 hours per year. Overtime is generally limited to 20 hours per week and attracts the supplement set by the applicable collective agreement. Strategic sectors can have special limits up to 48 hours per week, while urgent or preparatory work can reach 12 hours per day. A working-time account can cover up to one year under a collective agreement or three months when established unilaterally, with a daily limit of 10 hours. Employees generally receive at least 24 consecutive hours of weekly rest, normally on Sunday. Public holidays are set by decree. Paid leave accrues at 2.5 days per month of effective work, with entitlement after one year; proportional entitlement applies after six months, and unused leave can generally be carried forward for up to two years. The national minimum wage for the private sector, SMIG and SMAG, has been 302.89 FCFA per hour or 52,500 FCFA per month since 1 January 2023. Equal pay applies to equal or equivalent work without distinction based on nationality, sex, age or status. Employers pay wages in the legal currency and provide a payslip. Payment intervals cannot exceed 15 days for daily or weekly wages and one month for monthly wages; monthly wages are due no later than eight days after the end of the month. CNSS contributions total 21.5% of the relevant remuneration, with 17.5% paid by the employer and 4% by the employee. The contribution base includes bonuses and benefits but excludes reimbursed expenses and family benefits and cannot fall below the minimum wage. Employers generally pay CNSS contributions by the 15th of the following month. Late payment adds 5%, followed after three months by 1% for each month or part of a month. Employers must register employees with CNSS within eight days. CNSS covers family and maternity benefits, occupational risks and pensions. AMU or RAMO provides health coverage; the employee scheme uses a 10% contribution, normally divided equally between employer and employee, with monthly withholding, a three-month waiting period and reimbursement generally based on 80% of the eligible cost, leaving 20% for the insured person. AMU TNS provides functional social protection for non-formalized self-employed work. Maternity leave lasts 14 weeks, including six weeks after birth, and can be extended by three weeks for medical reasons. Under Loi n° 2022-019, CNSS bears the full remuneration during the protected period, and termination during pregnancy, maternity leave or breastfeeding is restricted to serious misconduct. Breastfeeding breaks can last up to one hour per working day during the first 15 months after birth. Employing children under 15 is prohibited except for exceptions established by ministerial order, and the worst forms of child labor are prohibited. Every company must provide a workplace health and safety service. Employers report workplace accidents and occupational diseases to the Inspection du travail et des lois sociales within 48 working hours and report occupational accidents to CNSS within three working days. Violence and harassment are prohibited, and workers receive protection against sanctions for rejecting, witnessing or reporting such conduct. Discrimination is prohibited when based directly or indirectly on sex, colour, religion, ethnicity or race, opinion, trade-union activity, origin, nationality, age, family situation, pregnancy, health or disability. Trade unions can be formed without prior authorization. Their statutes and documents go to the Ministry responsible for territorial administration; legal existence is generally acquired within 90 days, including through silence where the legal conditions provide that result. Representativeness depends on at least one year of existence, independence, transparency, membership, contributions and election results, and is recognized by the labour minister. Written collective agreements may be sectoral or inter-professional and may last for a fixed period of up to five years. The Conseil national du travail handles private and parapublic matters, while the Conseil national du dialogue social is a permanent tripartite body. Personnel and trade-union delegates serve two-year terms renewable twice. Their threshold and election rules are set by Arrêté 3912. Dismissal of a personnel delegate requires prior authorization from the Inspection du travail; the Inspector has 30 days to decide, silence counts as authorization where the rule applies, and hierarchical appeals follow 15-day and 20-day periods. An individual employment dispute can first go to voluntary conciliation before the Inspection du travail or a delegate. The parties are generally convened within 15 days. A conciliation record issued under an order can be enforced. If conciliation fails, the worker or employer may bring an oral or written claim before the Tribunal du travail. Jurisdiction normally follows the place of work; after termination, the claimant may generally choose the place of work or habitual residence in Togo. Proceedings before the Tribunal and Cour d’appel are free, while legal aid is available for enforcement. Claims concerning execution or termination generally have a five-year limitation period. A Tribunal decision without appeal is possible up to ten times the SMIG; decisions above that threshold can generally be appealed within 15 days. Collective disputes follow a process through the Inspection du travail, the Direction Générale du Travail and the labour minister. Arbitration requires agreement by the parties. A regular strike requires prior negotiations and ten working days' notice from a representative union to the employer and the Inspection du travail. A lawful strike normally protects against sanctions or dismissal, but wages are not paid for the strike period. Violence and occupation of the workplace are prohibited, and a minimum service may apply. Termination of a CDI can occur through resignation, personal or economic dismissal, agreed termination, force majeure, death or retirement. The minimum notice period is 15 days for hourly workers, one month for workers and employees, and three months for supervisors and managers. For personal dismissal, the employer generally invites the employee at least 48 hours before the interview, allows an accompanying person, and issues the decision between 24 hours and 15 days after the interview. A precautionary suspension may last up to one month. Procedural defects can lead to damages capped at three months' gross wages. Severance pay generally requires at least 12 months of uninterrupted service and is calculated at 35% per year for years 1 to 5, 40% per year for years 6 to 10 and 45% per year from year 11, except in cases of serious or gross misconduct. Early CDD termination is restricted to statutory cases; abusive termination can trigger payment of the remaining contractual wages. A written agreed termination requires compensation of at least the dismissal indemnity, allows withdrawal within seven calendar days and requires approval by the Inspection du travail within seven calendar days. Economic dismissal requires consultation with representatives, negotiations lasting up to eight days, notification to the Inspection du travail and a 21-day waiting period. The employer must provide at least one month's gross wage as support, and the worker has priority for re-employment for 24 months. Unlawful economic dismissal can lead to damages capped at six months' gross wages. The Inspection du travail can enter relevant workplaces without prior notice during the day or night. Employers keep registers and provide required declarations. When an employment contract is not written or a required authorization is missing, the employer may have to report the situation within eight days to ANPE or the Inspection du travail. Recruitment placement fees are paid by the employer; an employment seeker should not be required to pay a fee or deposit. The Direction Générale du Travail publishes or administers instruments including Arrêtés 3912, 3914, 3915, 3919 and 3790, Décret 2022-022 on representativeness and strikes, and sectoral collective agreements.