In Togo, the legal framework governing notice periods during employment termination is established through the Labour Code and the Inter-professional Collective Agreement.

Minimum Notice Period

The Togolese Labour Code doesn't explicitly state a minimum notice period for termination. However, the Inter-professional Collective Agreement outlines the minimum notice period requirements. Here's a breakdown of the minimum notice periods based on employment type:

• Workers, Employees: One month.
• Supervisors, Managers, and Others: Three months.
• Hourly Paid Workers: Five days.

It's important to note that the Inter-professional Collective Agreement can be superseded by provisions within individual employment contracts. If the employment contract specifies a longer notice period, that provision takes precedence.

Exceptions to Notice Period

There are limited exceptions to the notice period requirement:

• Probationary Period: During the probationary period, which can be up to six months for managerial positions, either the employer or the employee can terminate the contract without notice or payment in lieu of notice.
• Gross Misconduct: In cases of severe employee misconduct as outlined in the Labour Code, the employer may be able to terminate the employment immediately and without notice. However, proper documentation and evidence are crucial to avoid legal challenges.

Notice in Lieu of Payment

The employer has the option to forgo the notice period by providing the employee with a payment in lieu of notice. This payment should be equivalent to the wages the employee would have earned during the notice period.

In Togo, employees are entitled to severance pay under specific circumstances, primarily when their employment is involuntarily terminated by the employer.

Eligibility for Severance Pay

Employees in Togo qualify for severance pay if they meet the following criteria:

• Dismissal on Economic Grounds: Employees dismissed due to economic reasons, such as company restructuring or closure, are entitled to severance pay. The employee must have completed at least one year of continuous service with the same employer.

• Involuntary Termination by the Employer: If the employer terminates the employment contract without a valid reason based on the employee's conduct or performance, the employee is usually entitled to severance pay.

Calculating Severance Pay

Severance pay in Togo is calculated based on the employee's length of service and their average annual salary. The rates are as follows:

Length of Service

• 1-5 years: 35% of the employee's average annual salary during the employment period
• 6-9 years: 40% of the employee's average annual salary during the employment period
• 10 or more years: 45% of the employee's average annual salary during the employment period

Exceptions to Severance Pay

• Gross misconduct: Employees dismissed for serious offenses or gross misconduct generally forfeit their right to severance pay.
• Resignation: Employees who resign on their own accord are not entitled to severance pay.

Payment of Severance Pay

The employer must typically pay the calculated severance amount to the employee upon termination of their employment.

In Togo, the termination of employee contracts is regulated by the Labour Code and the Inter-professional Collective Agreement.

Termination with Cause

Employers can terminate an employee for cause under certain circumstances. These include repeated misconduct or negligence, serious breach of the employment contract, criminal offenses related to the workplace, and unjustified absences. It's important to note that the employer must have clear evidence and documentation to substantiate termination for cause.

Termination without Cause

If an employer wishes to terminate an employee's contract without cause, they must adhere to certain procedures. They must provide the employee with a written notice of termination. If applicable, they must calculate the severance entitlement based on the employee's length of service and average salary, and pay the severance to the employee upon termination. They must also provide the employee with a job termination certificate confirming the end of employment.

Procedural Requirements

The termination notice must be in writing, clearly stating the reasons for termination, whether with or without cause. A copy of the termination notice (and accompanying documentation or justification) must be sent to the Labour Inspectorate and Social Legislation and the Employment Service within 8 days of dismissal.

Probationary Period

During the probationary period (up to 6 months for managerial positions), either the employer or the employee may terminate the contract without notice or severance.

Wrongful Dismissal

If an employer fails to follow the correct termination procedures or terminates an employment contract without a valid reason, the employee may file a wrongful dismissal claim. The Labor Courts of Togo are typically tasked with adjudicating such cases.