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:
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.
Foreign nationals who wish to work in Togo must obtain an immigration visa and then apply for a residence permit upon arrival. They must submit an entry authorization issued by the Ministry of Security. There are 3 types of residence permits available to applicants:
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, but the period of service giving rise to leave entitlements may not 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.
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.
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.
In Togo, the guaranteed interprofessional minimum wages (SMIG) are set by the decree of the Minister responsible for labor after advisory opinion from the National Labor Council. In determining the rate of minimum wages, the needs of employees and their families, the general level of wages in the country, the cost of living and its fluctuations, social security benefits, economic order, the requirements of economic development, productivity, and level of employment are taken into account.
The SMIG and SMAG (Guaranteed Minimum Agricultural Wage) are set to XOF 302.89 (West African CFA Francs) per hour or XOF 52,500 per month as of January 2023.
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