In Togo, written employment contracts are required for all employee categories, including permanent, seasonal, and temporary workers. These agreements, drafted in French, must clearly outline the employment details. Here's a breakdown of the common types of employment agreements in Togo:

Indefinite-Term Employment Contract (CDI - Contrat à Durée Indéterminée)

The CDI is the most common type of employment agreement in Togo, similar to a permanent employment contract. It establishes an open-ended employment relationship with no predefined end date. This contract is typically used for full-time and part-time employees.

Fixed-Term Employment Contract (CDD - Contrat à Durée Déterminée)

CDDs hire employees for a specific period, with a clearly defined start and end date. However, Togolese law discourages using fixed-term contracts for tasks of a permanent nature to prevent employers from avoiding obligations associated with permanent employment. The maximum duration for a CDD, including renewals, cannot exceed 4 years.

Temporary Employment Contract (CTT - Contrat de Travail Temporaire)

This type of employment contract involves a tripartite relationship between a staffing agency, the employee, and the company where the employee will perform the work. The staffing agency manages the employment relationship and provides the employee to the company for a temporary assignment.

This is not an exhaustive list, and specific industry practices or collective bargaining agreements may introduce additional types of employment contracts in Togo. Consulting with a legal professional familiar with Togolese labor law is recommended when navigating the intricacies of employment agreements.

In Togo, written employment contracts in French are required for all types of employment. These contracts should clearly outline the terms and conditions of employment to ensure clarity and protect both employers and employees.

Parties to the Agreement

The employer and employee should be clearly identified, including their full names and contact information.

Job Description and Duties

The employee's position should be defined, outlining their main responsibilities and tasks.

Work Schedule

The employment contract should clearly define working hours, including regular working days, overtime provisions, and rest periods.

Remuneration and Benefits

The employee's salary or wage should be detailed, including the payment frequency and any allowances or benefits provided.

Leave Policy

The employee's entitlement to paid leave should be outlined, including annual leave, sick leave, and maternity/paternity leave.

Termination of Employment

The grounds and procedures for termination by either party should be specified, including notice periods and severance pay requirements.

Dispute Resolution

The process for resolving any disagreements arising from the employment contract should be outlined, such as mediation or arbitration.

This is not an exhaustive list, and additional clauses may be necessary depending on the specific circumstances of the employment relationship. It's always recommended to consult with a legal professional specializing in Togolese labor law to ensure your employment agreements comply with all relevant regulations.

The Togolese labor code permits a probationary period in both permanent (CDI) and fixed-term (CDD) employment contracts. This period acts as a trial phase for both the employer and employee to evaluate suitability for the role and the work environment.

Duration of the Probationary Period

The maximum duration of the probationary period is determined by law and varies based on the type of employment contract and employee category:

• CDI & CDD Contracts:
  • One Month (Renewable Once): For workers, employees, and similar categories.
  • Three Months (Renewable Once): For supervisors, technicians, and associated professionals.
  • Six Months (Non-Renewable): For managers and similar positions.
• Hourly Paid Workers:
  • Eight Days (Renewable Once): Workers paid on an hourly basis.

There seems to be a discrepancy between some sources regarding the specific legal framework outlining the probation period. While some sources reference the Inter-professional Collective Agreement, a readily available legal document outlining the details is not found.

Termination During Probation

During the probationary period, either the employer or the employee can terminate the contract without notice and without owing any compensation for breach of contract. This allows for a flexible assessment period without long-term obligations if the role or work environment isn't a good fit.

Following the Probationary Period

Once the probationary period ends successfully, the employment contract continues under the agreed-upon terms and conditions. Notice periods and severance pay come into effect upon termination after the probationary period has concluded.

Confidentiality and non-compete clauses can be included in Togolese employment contracts to safeguard an employer's legitimate business interests. However, there are legal considerations and limitations to be aware of when implementing these clauses.

Confidentiality Clauses

Confidentiality clauses are generally enforceable in Togo. They can restrict employees from disclosing confidential company information during and after their employment. This can include sensitive data, trade secrets, customer lists, or proprietary business strategies.

The scope of confidential information should be clearly defined in the employment agreement to avoid any ambiguity. The clause should also outline the duration of the confidentiality obligation, which typically extends beyond the employment period for a reasonable timeframe to protect the employer's interests.

Non-Compete Clauses

Non-compete clauses, which restrict an employee from taking a job with a competitor after leaving the company, are generally not favored in Togolese law. The Togolese labor code prioritizes an employee's right to work and freedom of movement within the labor market.

However, there are limited exceptions where non-compete clauses might be considered enforceable under specific circumstances:

• Senior Executives with Access to Sensitive Information: In some cases, non-compete clauses may be upheld for high-level executives with access to critical trade secrets or confidential information. However, the clause must be narrowly tailored to protect only the specific legitimate interests of the employer and for a reasonable period.
• Specific Industry Agreements: Certain industries with highly specialized knowledge or skills might have industry-specific regulations allowing for limited non-compete clauses within collective bargaining agreements.

It's important to note that the burden of proof lies with the employer to demonstrate the legitimacy and necessity of the non-compete clause. Courts will likely consider factors such as the duration of the restriction, the geographic scope, and the employee's level within the company when evaluating enforceability.