Work and Wages

Minimum Wage

Ministry of Labour determines the inter-professional minimum wage after consulting the National Labour Council. The minimum wage is determined at the nation level for unskilled labour. Higher wage levels have been set for different levels of skill and education. The minimum wage is set under the interprofessional collective convention signed by national council of employers in Togo and representative trade unions. The Convention is then approved by the Minister for Labour to give effect to these wages. Minimum wage may also be set through tripartite collective bargaining between the Government, the National Committee of Employers and Trade Unions.

In determining the level of guaranteed minimum wage, the following factors must be taken into account like the needs of workers and their families, general level of wages in the country, cost of living and social security benefits, economic factors, requirements of economic development, productivity and level of employment.  The minimum wage legislation is applicable for all occupations. However, a specific minimum wage is determined for agricultural workers.

According to Title IX, Chapter I of the Code du Travail (2006) the institution in charge of individual disputes between employer and employee is the Labour and Social Law Inspector. However, for any problem regarding his contract (and wage as well) the worker will at first turn to his staff representative (Title VIII, Chapter V, Section I). As stated in article 229 of the Code du Travail, if the Inspector's attempt at reconciliation fails, then the dispute is sent to the courts.

According to Title X, Article 295 of the Code du Travail, the non compliance with art. 121 (which is about national minimum wage) leads to a fine of 100000-200000 francs CFA, which can become 250000-500000 francs CFA with 10days-1month imprisonment in case of recidivism. In addition 1 month imprisonment can be applied only in case of recidivism (art. 295 of the Code du Travail).

Source: §121 of the Labour Code 2006; §1 of the Collective Agreement of 19 May 1995

Regular Pay

The Labour Code regulates the payment of wages to all classes of workers. Wages are all kind of remuneration, including the minimum wage and any other advantages directly or indirectly paid, in cash or in kind, by the employer to the employee on the basis of the work performed.

The Labour Code requires an employer to make timely payment of remuneration to the employees. If a worker is hired on daily or weekly basis, he/she must be paid within 15 days, i.e., his/her pay period cannot exceed 15 days. Similarly, if a worker performs work on fortnightly or monthly basis, his pay period cannot exceed 1 month. Monthly payment must be made within 8 days after the end of pay period.

Wages must be paid in cash and in legal tender. Payment of wages in form of alcohol or alcoholic beverages is strictly prohibited. In kind payment is permitted but only as a part of the wages.

Source: §126 & 127 of the Labour Code 2006

Regulations on Work and Wages

  • Code du travail, 2006 / The Labour Code, 2006
  • Convention Collective Interprofessionnelle, 2011 / Convention Collective Interprofessionnelle, 2011