Table of Contents

Togo

Table of Contents

Currency

West African CFA franc (XOF)

Payroll Frequency

Monthly

Employer Taxes

20.5%

About Togo

Togo is a small, narrow country located in the west of Africa, with a population of around 8 million people. After gaining independence from France in 1960, Togo went through a period of authoritarian rule by a military dictator, whose son is now the country’s president. A tropical, sub-Saharan nation, Togo’s economy still depends on agriculture, with a climate that provides fertile land. It has one of the largest phosphate deposits in the world, as well as reserves of limestone, marble, and salt. While the official language is French, many other languages, particularly from the Gbe family, are spoken. The largest religious group consists of people with indigenous beliefs, followed by significant Christian and Muslim minorities. Togo is a member of the United Nations and the African Union.

Employment Relationship

• Permanent Employment

Employment contracts made for indefinite terms are considered permanent. They are the default contract type and are used by employers except when they can justify a situation that motivates using another type of contract. Permanent contracts can be concluded on a full-time or part-time basis.

• Fixed-Term or Specific-Purpose Contracts

Fixed-term must be made in writing and cannot be concluded for an initial duration of more than two years. Such contracts can be renewed without the total duration of the contract, including renewal, which cannot exceed four years. The duration of each renewal can be less, greater than, or equal to that of the initial contract.  Fixed-term contracts can only be concluded for the execution of a specific and temporary task under specific situations, such as absence of permanent employee, temporary increase in work, etc.   If a fixed-term employment contract is not continued into an indefinite contract after 4 consecutive years of a fixed-term contract, employees are entitled to end-of-contract compensation equal to one month of salary equivalent to the last gross salary.  

• Temporary Employment Contratcs

Employers can hire temporary workers through a temporary employment agency. The temporary workers are not part of the workforce of the user company. The user company pays the agency for its workers, and the agency is responsible for paying its workers. The user company is responsible for establishing and respecting working standards, including measures relating to health, safety, and hygiene in the workplace. The temporary employment agency ensures that the user company implements standards and safety, health, and hygiene measures at work. The agency is responsible for complying with social security contributions and health insurance rules. Employers are prohibited from using temporary workers to replace striking employees or having those workers carry out particularly dangerous work. 

Probationary Period

Employment contracts in Togo can include a probationary period to evaluate the professional qualities of employees or for employees to assess the work conditions, life, remuneration, hygiene, safety and health at work, etc. The probationary period must be expressly mentioned in the employment contract, and its possible renewal notified for the same or shorter period. Probationary period for long-term fixed-term contracts cannot exceed 1 month and is non-renewable. The duration of the probationary period in case of permanent contracts is as follows: 8 days, renewable once for employees paid by the hour 1 month, renewable once for employees paid monthly 3 months, renewable once for supervisors, technicians, and the like 6 months, non-renewable for executives and similar Except for specific clauses in the employment contract or collective agreements, the probation provided for in the contract can end at any time by the will of either party, without reason or compensation, subject to compliance with a notice period of 48 hours. 

Working Hours

The standard weekly working hours are 40 hours in Togo. The legal working hours on agricultural farms are set at 2400 hours per year. The government grants a special exemption in certain strategic sectors with strong economic and social impact, increasing the weekly working time to 48 hours. The daily duration of work cannot exceed 10 hours. Hours worked beyond this duration are considered overtime hours, giving entitlement to a salary increase. When it is necessary to carry out preparatory or additional work essential to the general activity of the company and which cannot be carried out within the limit of the normal daily working hours, employees assigned to said work may be allowed to work beyond the maximum duration, within the maximum daily limit of 12 hours. 

Holidays / PTO

• Statutory Holidays

• Paid Annual Leave

Employees acquire the right to paid leave at the rate of 2.5 days per month of effective service. The right to leave is acquired after a period of effective service of 1 year. However, the parties to the contract may agree to enjoy this right pro-rata after 6 consecutive months of work. Employees are paid compensation for their annual leave based on the average salary, excluding any bonuses.   The actual enjoyment of leave may be postponed by agreement of the parties without the duration of actual service, giving entitlement to leave may exceed 2 years. In the case of termination or expiration of the contract before the employee has acquired the right to leave, compensation is granted in lieu of leave.

• Sick Leave

Employees are entitled to 5 days of fully paid sick leave annually. Sick leave for long-term illness depends on the service of the employee as follows: Maximum of 30 days at half-salary, if the employee has less than one year of seniority Maximum of 2 months at half-salary, if the employee has more than one year and less than 5 years of seniority Maximum of 4 months at half-salary, if the employee has more than 5 years of seniority  

• Maternity Leave

Employees have the right to suspend their employment contracts for 14 weeks at the time of their delivery, including 6 weeks after delivery. When the birth takes place after the date which was presumed, the leave taken previously is, in all cases, extended until the effective date, and the duration of the leave to be taken necessarily after childbirth is not reduced. The suspension can be extended by 3 weeks in case of duly documented illness resulting from pregnancy, childbirth, or in case of multiple pregnancies or for causes concerning the child's health.  During the suspension period, employees are entitled to compensation equal to the salary they received at the time of the suspension; the National Social Security Fund pays half the salary, and the other half is the employer's responsibility. The employer cannot terminate the employment contract of the female employee during the maternity leave.

• Paternity Leave

Togo Labor Code does not provide for any paternity leave, however, the Interprofessional Collective Agreement provides 2 days of paid paternity leave to fathers in the event of birth of their child.

Termination of Employment

• Notice Period

Permanent employment contracts can be terminated by either party by giving notice to the other party. Unless more favorable provisions of conventions or collective work agreements, the duration minimum notice period is equal to: 15 days for employees paid by the hour One month for employees paid monthly 3 months for supervisors, executives, and the like. During the notice period, employers and employees are required to respect all obligations incumbent upon them. Employees are entitled to 1 day off per week during notice for searching for new jobs. Employees are entitled to compensation in lieu of a notice period if it is not followed or partially implemented. 

• Severance Benefits

Permanent employees who have worked for at least a year for the same employer have the right to severance pay at the termination of their employment contract, except in case of serious misconduct. The amount of severance pay is calculated as follows: 35% of the average monthly overall salary per year of presence for the first 5 years  40% of the average monthly overall salary per year from the sixth to the tenth year, included 45% of the average monthly overall salary per year beyond the tenth year.