Work and Wages
Minimum Wage
The Ministry of Labour determines the inter-professional minimum wage (SMIG) after consulting the National Labour Council. The minimum wage is determined at the national 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 Agreement signed by the 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 such as the needs of workers and their families, the general level of wages in the country, the 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 the Labour Code, including minimum wage orders issued under Article 121 of the Labour Code, is the responsibility of the Labour and Social Law inspector. A worker or employer may also request the employer for an amicable settlement of an individual dispute. If the conciliation attempt by the inspector fails, the dispute is sent to the courts. The worker may also inform their staff representative about the situation.
Violation of the minimum wage orders leads to a penalty of a fine ranging between 100,000 and 200,000 francs. For a 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: §158, 166, 173, 277 of the Labour Code, 2021;
Regular Pay
The Labour Code regulates the payment of wages to all classes of workers. Wages are all kinds 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 remuneration must be determined according to the task assigned and may be structured hourly, daily, or monthly.
The Labour Code requires an employer to make timely payment of remuneration to the employees. If a worker is hired on a 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 a fortnightly or a monthly basis, their pay period cannot exceed 1 month. Monthly payment must be made within 8 days after the end of the pay period.
Wages must be paid in cash and in legal tender. Payment of wages in the form of alcohol or alcoholic beverages is strictly prohibited. In-kind payment is permitted but only as part of the wages.
Deductions for social security and tax contributions are mandatory under the Inter-professional Collective Agreement. Union dues may also be deducted with mutual consent from both the employer and the employee. All deductions must be clearly recorded on employee pay slips. Togolese law does not mandate the payment of a 13th or 14th-month salary.
Violation of these provisions leads to fines ranging from 0.1 to 0.5 million francs, with strict penalties for repeat offences of up to 2 million francs.
The 13th or 14th month pay is not mandatory under Togolese law. Finally, neither the 13th month pay nor bonuses are compulsory in Togo. They become mandatory only if contractually or collectvelly agreed.
Source: §163, 164 & 345 of the Labour Code, 2021; 24 & 31 of the Inter-professional Collective Agreement, 2011
Regulations on Work and Wages
- Code du travail, 2006 / The Labour Code, 2006
- Convention Collective Interprofessionnelle, 2011 / Convention Collective Interprofessionnelle, 2011
