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.

Compliance with provisions of Labour Code including minimum wage orders issued under article 121 of the Labour Code is the responsibility of Labour and Social Law inspector. A worker or employer may also request the employer for amicable settlement of an individual dispute. If the conciliation attempt by the inspector fails, the dispute is sent to the courts. Worker may also inform his staff representative about the situation.

Violation of the minimum wage orders leads to a penalty of fine ranging between 100,000 to 200,000 francs. For subsequent offence, a fine of 250,000 to 500,000 francs is imposed along with imprisonment for a term of 10 days to one month or either of these penalties.

Source: §121, 226, 229 and 295 of the Labour Code 2006; §1 of the Collective Agreement

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

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