In Togo, the Togolese Labor Code is the main regulatory body overseeing employment issues, including termination of employment.

Lawful Grounds for Dismissal

The Labor Code recognizes several lawful grounds for an employer to terminate employment. These include economic reasons such as redundancy or company restructure due to financial or market-based reasons. Disciplinary reasons such as serious misconduct, repeated minor misconduct after warnings, and incompetence or insufficient performance are also recognized. Lastly, force majeure, which refers to unforeseeable events beyond the employer's control that make continuing the employment relationship impossible, is also a lawful ground for dismissal.

Notice Requirements

Unless there is a case of serious misconduct, employers are legally obligated to provide notice before a termination can take effect. The required notice period varies depending on the employee's classification. Hourly workers require 15 days' notice, monthly paid employees require 1 month's notice, and supervisors, executives, and similar positions require 3 months' notice. It's important to note that collective bargaining agreements or individual employment contracts may offer more favorable notice periods than the minimum stipulated by law.

Severance Pay

The Labor Code specifies situations where severance pay is applicable. In cases of termination due to economic reasons, employees with a minimum of one year of continuous service are entitled to severance pay. The calculation is based on years of service and average salary. In cases not related to economic reasons, the employer may still be obliged to pay severance if stipulated in the individual employment contract or a collective bargaining agreement.

Additional Considerations

Togolese law requires a fair dismissal process, including giving the employee opportunity to defend themselves. Termination based on discriminatory grounds or in retaliation for protected activities is illegal.

In Togo, there are laws in place to protect individuals from discrimination based on race, ethnicity, gender, religion, disability, and sexual orientation or gender identity. The Togolese Constitution of 1992 and the Labor Code of 2006 are key documents that affirm these protections.

Protected Characteristics

• Race and Ethnicity: Discrimination based on race or ethnicity is prohibited.
• Gender: Gender-based discrimination is outlawed.
• Religion: Freedom of religion is guaranteed and discrimination based on religious beliefs is prohibited.
• Disability: Discrimination against persons with disabilities is prohibited. Togo has specific laws dedicated to protecting the rights of persons with disabilities.
• Sexual Orientation and Gender Identity: Provisions within the penal code address some acts of violence and potential discrimination based on these characteristics.

Redress Mechanisms

Individuals who face discrimination in Togo can seek redress through the following mechanisms:

• Labor Disputes: The Togolese Labor Code establishes procedures for addressing workplace discrimination, including filing a complaint with the Labor Inspectorate.
• Criminal Complaints: Acts motivated by discrimination may constitute criminal offenses, warranting a criminal complaint.
• Constitutional and Other Legal Challenges: Discriminatory laws or policies can be challenged in the Togolese courts.

Employer Responsibilities

Employers in Togo have a legal responsibility to uphold anti-discrimination principles within the workplace. This includes:

• Non-Discriminatory Hiring and Employment Practices: Hiring, promotion, and termination decisions must be based on merit, qualifications, and relevant criteria, not on discriminatory grounds.
• Policy Development: Employers should develop and implement clear policies prohibiting discrimination and harassment in the workplace, including ways for employees to safely report concerns.
• Training and Awareness: Employers should provide training to employees on anti-discrimination laws and fostering a workplace free from discrimination.

Please note that enforcement of anti-discrimination laws in Togo remains a challenge due to societal discrimination and limited resources.

In Togo, labor laws outline the basic standards for working conditions, including regulations on work hours, rest periods, and ergonomic requirements.

Work Hours

The legal work week in Togo is 40 hours. Overtime work is permitted, but with limitations. Hours worked between 41 and 48 hours per week must be compensated with a 20% raise, and hours exceeding 48 hours require a 40% increase.

Rest Periods

Togolese workers are entitled to a daily rest period of at least 24 consecutive hours, typically on Sundays.

Ergonomic Requirements

While specific details regarding ergonomic requirements in Togo are not widely available online, the Togolese Labor Code does mention health and safety at work. This suggests that some regulations on ergonomics might be in place, but further research into specific legal documents or consultations with relevant authorities would be necessary for a more comprehensive understanding.

Ensuring a safe and healthy work environment is a fundamental right for employees in Togo. This right, alongside employer obligations and enforcement mechanisms, are outlined in various legal documents including the Labour Code, the Code of Public Health, and the Social Security Code.

Employer Obligations

Togolese law places a significant responsibility on employers to safeguard the well-being of their workforce. Here's a glimpse into some key employer obligations:

• Provide a Safe Work Environment: Employers must implement measures to minimize workplace hazards and prevent accidents, illnesses, and injuries. This includes adhering to general hygiene and safety standards as outlined in relevant decrees, like Decree No. 70-164.
• Organize Prevention Measures: A proactive approach is mandated by law. Employers are required to establish a formal system for prevention, following widely recognized occupational safety and health (OSH) principles.
• Ensure Expertise and Competence: The regulations emphasize the importance of qualified personnel managing health and safety protocols. Employers must have access to the necessary expertise to effectively oversee worker safety.
• Provide Personal Protective Equipment (PPE): When necessary, employers must furnish workers with appropriate PPE free of charge.

Employee Rights

Togolese employees enjoy legal protections regarding workplace safety and health. These rights include:

• Right to a Safe Workplace: Employees have the fundamental right to work in an environment free from unnecessary risks to their health and safety.
• Training on Safety Measures: Employees are entitled to receive workplace safety and health training to effectively identify and avoid hazards.
• Participation in Safety Initiatives: The law encourages worker consultation and collaboration in developing and implementing safety programs.
• Reporting Unsafe Work Conditions: Employees have the right to report unsafe work conditions without fear of retaliation.

Enforcement Agencies

The Togolese government has a dedicated system for enforcing health and safety regulations. Here are some of the key players involved:

• Ministry of Labour, Employment, and Vocational Training: This ministry is responsible for overseeing the implementation of the Labour Code, which includes workplace safety and health provisions.
• Labour Inspectors: Government-appointed labour inspectors conduct workplace inspections to ensure compliance with health and safety regulations.