- Overview: Togo
- Global HR Compliance
- Global PEO and payroll
- Contractor vs. employee: which is better?
Global HR Compliance in Togo
If you hire international workforce, or plan to hire, then Hiring and Firing Workforce in Togo Guide below will help you understand the nuances of labor legislation in the country.
There are two main reasons for companies hiring foreign workforce:
- Expanding into foreign markets to sell company product or products there. In this case, companies hire sales representatives who would exclusively represent their product in the target market and sell it to their local client base.
- Hiring the right foreign talent with a unique expertise, often related to IT sphere that cannot be found in the home country or that costs less compared to local specialist with similar skills.
After you have found the right candidate, the question is how to hire and provide compensation to this person so you as a business remain 100% compliant when working with global workforce. Another thing to consider is whether you want to keep the talent long-term and how you can do that.
If you need to hire foreign workforce in Togo so you can expand there, then our Global Employer of Record solution may be of help. We help you legally hire and reward your foreign workforce by making them employees via a global employment outsourcing service. This is simple as employ your in-house workforce with the only difference that workers can live anywhere in the world and Acumen International would be their legal employer on your behalf. This means we would bear all employment risks, not you. Also, we manage bonuses, vacations, sick leave and can rent the office and a car for your foreign sales representatives if that is what you need.
With our solution, you can test new foreign markets before deciding whether you are going to get established there. You gain flexibility and expand with reduced costs, and easily withdraw from the unattractive countries.
We are experts in global workforce employment in Togo, and our goal is to become your single provider. Instead of working with numerous local staffing agencies and legal advisors, Acumen International can solve your global business challenges and save you time, costs, and resources.
Our team of English-speaking professionals frees you from working through language nuances. Acumen International works 24/7 and can assist you whenever you need, regardless of time zones. Our goal is to create tailored labor solutions for you that are managed legally and in full compliance with the local employment laws.
With our knowledge and deep understanding of local nuances, you easily satisfy your need for skilled professionals in your global industry. With our qualified local partners, you can trust that your global workforce satisfies all local tax, social security, and immigration requirements in Togo.
See Hiring and Firing Workforce in Togo Guide below for a general overview of labor rules and regulations in the country. Or contact us if you need to employ workers in Togo or would like to get more details.
Hiring and Firing Workforce in Togo Guide
# Employment contracts
The contract of employment is an agreement of will by which a worker works under the direction and authority of an employer for remuneration called salary. The Togolese Labor Code requires an employer to provide a written contract and a statement of employment details. A written contract of employment must be provided to all categories of workers (permanent, temporary or seasonal workers) indicating the worker’s identity, date of hiring, employer information (current and previous), classification the agreed basic salary, the duration of the contract and other applicable terms and conditions.
Togolese labor law prohibits the hiring of workers under fixed-term contracts for tasks of a permanent nature. Fixed-term contract workers can not be hired to continuously fill the job related to the normal business activity. The fixed-term contract must be in writing and its total duration, including renewals, may not exceed four years. Fixed-term employment contracts may have an imprecise term when they are concluded to replace a worker temporarily absent, for the duration of a season, for occasional extra work or unusual activity of the enterprise. The contract must contain an approximate duration of the contract. Indefinite term fixed-term contracts may be renewed freely without limitation in number and without loss of their nature.
# Minimum (Statutory) Employment Rules and Regulations in Togo
# Hours of work:
Normal working hours are 40 hours per week.
# Probation period:
The probationary period is a trial period which is long enough to assess the professional competence of the worker and, for the workers, to know perfectly well about the working conditions, wages, hygiene, safety and health at work. work and the social climate at work. The Labor Code provides for a probationary period of up to 6 months. The maximum duration of the probationary period as specified in the interprofessional collective agreement is:
- For workers paid monthly, the probationary period is one month (renewable once) for workers, employees and others; three months (renewable once) for supervisors, technicians and associated professionals six months (non-renewable) for managers and others
- For workers paid by the hour, the duration of the probationary period is eight days (renewable once).
During the probationary period, the worker receives at least the minimum wage for this occupational category. The trial period shall be taken into account in calculating the length of service for advancement and the right to annual leave.
# Annual leave:
The Labor Code provides for annual leave for all workers at the end of a year of service. Workers are entitled to an annual holiday of 30 days a year for two and a half days per month. The collective or individual agreement may provide for provisions that are more favorable than labor law. The worker can also take advantage of this right (with the reduced authorization) after 6 months of service, on the consent of the employer. The annual leave granted may be delayed up to 2 years by mutual agreement between the employer and the worker. Additional annual holidays are provided for workers employed abroad to compensate for their travel time. The annual leave is independent of any other type of leave, such as maternity leave or sick leave, etc., provided by law.
A worker is entitled to 1 / 12th of the average salary and other compensation elements of the preceding 12 months, unless the more favorable conditions are provided for in a collective or individual agreement. Payment must be made before the start of the leave.
The calendar of annual vacations is determined by mutual agreement between the worker and the employer. However, holidays can not be taken 3 months before or after the regular date. The employer must inform the employee at least 15 days before departure and post the notice in the offices, workshops and construction sites. The annual leave can also be split, but in this case, the compensation is prorated to the duration.
If the employment contract expires before a worker can acquire the right to annual leave, the compensation for the leave is made in proportion to the number of months and the number of hours worked in a week. Apart from this provision, any agreement, collective agreement or other agreement providing for compensation in lieu of annual leave or renunciation or waiver of the right to paid annual leave is invalid.
# Parental leave:
The Labor Code provides 14 weeks (98 days) of maternity leave for women, including 6 weeks of post-natal leave. Maternity leave may be extended by a further 3 weeks in the case of a complication and illness resulting from pregnancy, childbirth or multiple pregnancies or for reasons of child’s health duly noted by doctor.
No specific rights to paternity leave are found in the Labor Code. The Interprofessional Collective Agreement provides for two days of paternity leave on the birth of a child.
# Sick leave:
According to the Labor Code, a worker is entitled to sick leave for 5 days a year. The Labor Code also provides for extended sick leave, but the provisions of the Interprofessional Collective Agreement are more favorable, since they provide for the payment of income to the sick worker when he / she is absent from work because of illness in the 6 first months of his illness. The duration of the leave and the amount of benefits during sick leave depends on the length of the service. The payment schedule is as follows:
- 1 complete month of paid sick leave for less than 12 months of service;
- 1 month full salary and 3 months half of paid sick leave for more than 12 months but less than 5 years of service;
- 2 months full salary and 4 months half of paid sick leave for more than 5 years but less than 10 years of service; and
- 4 months full salary and 2 months half paid sick leave for 10 years or more of service.
Overtime is hours worked beyond normal hours. Workers may be required to work overtime in case of emergency or exceptional situations, which are then compensated by a salary increase determined by the Collective Interprofessional Agreement. On agricultural holdings, the statutory period of work is set at 2400 hours per year.
In accordance with the Interprofessional Collective Agreement, an employer is required to pay overtime pay at the following rates:
- 20% of their hourly wage for the first 8 hours during the day (41 to 48 hours);
- 40% of their hourly wage for overtime of more than 48 hours during the day; and
- 65% of normal pay if they work on Sundays and holidays.
# State minimum salary:
Togo’s minimum wage rate is 35,000 CFA francs a month, applicable to all workers. Togo’s minimum wage was last changed in January 2012.
# Employee dismissal:
The fixed-term contract terminates on the expiry of its term or upon termination by one of the parties. The fixed-term contract can also be broken in case of force majeure; agreement of the parties, provided that it is recorded in writing; heavy mistake; and the judicial resolution.
The employment contract of indefinite duration may be terminated by the will of one of the parties, provided that the party initiating the termination gives notice. The dismissal must be confirmed in writing within eight (08) days. A copy is sent to the Labor Inspectorate and Social Legislation and the Employment Service.
The Labor Code requires notice of termination or payment in lieu of notice before terminating the services of an employee (or even when an employee terminates the employment contract). An employment contract during the probationary period (by the employer or employee), period of pregnancy and breastfeeding may be terminated by the employee without notice and without thereby having to pay compensation. breach of contract. The Collective Agreement specifies the minimum duration of the notice period as follows:
- one month for workers, employees and the like;
- three months for supervisors, managers and others; and
- five days for paid workers per hour.
During the notice period, the worker continues to work under the same working conditions, except that the worker may take up to one (01) day of paid vacation per week. The party terminating the employment contract must specify the reason for the termination.
Acumen International can help you fast-track your possibilities of entering and expanding your business in Togo by providing you with our Employer of Record services. Our unique mix of PEO/EOR solutions will enable you to jumpstart your global operations almost immediately, cost-effectively and compliantly without any need to set up a legal entity first or afterwards.