74
67.5
67.5
Reasonable Access to Decent Work
40
80
80
25
80
100
60
100
100
75
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §158, 166, 173, 277 of the Labour Code, 2021; §1 of the Inter-Professional Collective Agreement, 2011 |
Score on the Minimum Wage component improved due to revision of minimum wage after 1 January 2022.
|
| Does the law require regular and timely payment of wages? | Yes | 1 | §163 & 164 of the Labour Code, 2021 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | No | 0 | §32 of the Inter-Professional Collective Agreement 2011; §140 & 141 of the Labour Code, 2021 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §33 of the Inter-Professional Collective Agreement, 2011 | No Change |
| Does the law require additional compensation for night work? | No | 0 | §186 & 188 of the Labour Code, 2021; §33 of the Inter-Professional Collective Agreement, 2011 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §180 of the Labour Code, 2021; §32-33 of the Inter-Professional Collective Agreement, 2011 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §180 of the Labour Code, 2021 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §198 of the Labour Code, 2021 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §199 of the Labour Code, 2021; §42 of the Inter-Professional Collective Agreement, 2011; §1 of the Public Holiday Ordinance, 1979 | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §200-202 of the Labour Code 2021; §44 of the Inter-Professional Collective Agreement 2011 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §36 & 37 of the Labour Code, 2021; §8 of the Inter-Professional Collective Agreement, 2011 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §43, 48, 54 & 55 of the Labour Code, 2021 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §44 of the Labour Code, 2021; §9 of the Inter-Professional Collective Agreement, 2011 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §73-75 of the Labour Code, 2021; §17 of the Inter-Professional Collective Agreement 2011 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | §95 & 97 of the Labour Code, 2021; §22 of the Inter-Professional Collective Agreement, 2011 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | §45 of the Inter-Professional Collective Agreement, 2011 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §191 of the Labour Code, 2021 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §190 of the Labour Code, 2021 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §190 of the Labour Code, 2021; ISSA Country Profile for Togo | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §190 of the Labour Code, 2021; ISSA Country Profile for Togo; §1 of the LOI N° 2022-019 DU 15 NOVEMBRE 2022 PORTANT MODIFICATION DE LA CODE DU TRAVAIL | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §190-191 of the Labour Code, 2021; §1 of the LOI N° 2022-019 DU 15 NOVEMBRE 2022 PORTANT MODIFICATION DE LA CODE DU TRAVAIL | Score improved due to a legislative reform |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §5 of the Décret no 70-164 du 2 Octobre 1970; §46 of the Inter-Professional Collective Agreement, 2011 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §5 of the Décret no 70-164 du 2 Octobre 1970; §46 of the Inter-Professional Collective Agreement, 2011 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §189 & 359 of the Labour Code, 2021; Arrêté n° 020/MTESS/DGTLS du 30 juillet 2010 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §52-64 of the Social Security Code 2011 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §42 of the Social Security Code 2011; ISSA Country Profile for Togo | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §45 of the Social Security Code 2011; ISSA Country Profile for Togo | No Change |
| Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §69 & 230-232 of the Labour Code, 2021; §14 of the Inter-professional Collective Agreement 2011 | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §43-44 of the Social Security Code 2011; ISSA Country Profile for Togo | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §37 of the Constitution of Togo, 1992; §155 of the Labour Code, 2021 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §40-42 of the Labour Code, 2021; §309-400 of the Penal Code. 2015-010 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §21 of the Constitution of Togo 1992; §4, 5, 39, 366 & 367 of the Labour Code, 2021 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | No restrictive legal provisions could be located | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Social Security Code, 2011; ISSA Country Profile for Togo | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §35, Constitution 1992; §192-193, Labour Code, 2021; §262, Children's Code, 2007 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §192-193, Labour Code 2021; §262, Child Code 2007; Décret n° 2008-129/PR du 2 octobre 2008 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §187, 192-193, Labour Code, 2021; Order No. 1464/2007; §263-264, Children's Code, 2007 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §7 & 356, Labour Code, 2021; §264 & 411, Children’s Code, 2007; §150.3 & 151, Penal Code, 2015 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §39, Constitution of Togo 1992; §9-20, Togo Labour Code 2021; CEACR, C87, Obs. 2022 | Score adjusted because of availability of a legal source |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §131-153 of the Labour Code, 2021 | No Change |
| Does the law provide the right to strike? | No | 0 | §322-339 of the Labour Code, 2021; CEACR, C87, Obs. 2022 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §323 of the Labour Code, 2021; USDOS CRHRP 2023 (Togo) | No Change |