Minimum Wage in Togo - Frequently asked Questions

Is there a separate legislation relating to minimum wages in Togo?

No, minimum wages are not ruled by a separate legislation. There is a minimum wage for all sectors which corresponds to the lowest "recommended" minimum wage in the Convention Collective Interprofessionnelle, signed by both National Employers Council and trade unions confederation members, and approved by the Ministry for Labour in December 2011.

Do one or more minimum wages exist that is/are determined by law?

There is a minimum wage (one for all sectors) fixed in the Convention Collective Interprofessionnelle, which was signed in December 2011. In addition, in the same document there are "recommended minimum wages" which are different for each sector. "Recommended" means that they are not compulsory for employers, but are rather a "suggestion".

At what level is minimum wages determined?

Minimum Wages are determined at national level.

On what basis is minimum wage calculated?

Minimum Wage is calculated on monthly basis.

In case of weekly/monthly minimum wage, are they based on any fixed number of hours?

Minimum wages are based on 40 hours/week. (art. 32a of the Convention Collective Interprofessionnelle).

Are governmental bodies, employer and/or trade union representatives involved in minimum wages setting?

Minimum wage is set in the Convention Collective Interprofessionnelle, which is signed by the National Council of Employers (private and public employer’s representatives) and by trade unions confederations. Formally, the minimum wage is set by the Minister of Labour, who has to approve the Convention.

How are upratings (adjustments) of minimum wages decided upon?

The Convention Collective Interprofessionnelle is signed by the National Council of Employers and by trade unions confederations. Then, the document is approved by the Minister of Labour (government).

Which are the components of minimum wage in Togo?

There is only fixed component.

How frequently is the fixed component of minimum wage updated?

The minimum wage in Togo more than doubled in 2008 (28000 francs CFA/month), then was updated in December 2011 with the new Convention Collective Interprofessionnelle (which came into force in January 2012), thus becoming 35000 francs CFA/month.

What is/are the yardstick/s on which minimum wage upratings are based?

The Code du Travail of 2006 (now updated by the Convention Collective Interprofessionnelle) explained this in article 121: "the interprofessional guaranteed minimum wage rate must take into account the needs of the workers and of their families, the level of wages in the Country, the cost of living and its fluctuations, the service offered by the welfare system, other economic factors, the needs of the economic development, the productivity and the level of the job." The new Convention doesn't say anything about this, so the yardsticks set in the Code du Travail are considered valid.

What is National Poverty line?

Click here to know the national poverty line in context with Minimum Wage, living wages and actual wages. Select the currency (Euro or national currency) to know national poverty line.

How is minimum wages compliance regulated?

According to Title IX, Chapter I of the Code du Travail (2006) the institution in charge of individual disputes between employer and employee is the Labour and Social Law Inspector. However, for any problem regarding his contract (and wage as well) the worker will at first turn to his staff representative (Title VIII, Chapter V, Section I). As stated in article 229 of the Code du Travail, if the Inspector's attempt at reconciliation fails, then the dispute is sent to the courts.

Which legal sanctions can be applied if compliance is lacking?

According to Title X, Article 295 of the Code du Travail, the non compliance with art. 121 (which is about national minimum wage) leads to a fine of 100000-200000 francs CFA, which can become 250000-500000 francs CFA with 10days-1month imprisonment in case of recidivism. In addition 1 month imprisonment can be applied only in case of recidivism (art. 295 of the Code du Travail).

Are employer and/or trade union representatives involved in compliance procedures?

Trade unions representatives within the single firm can bring to the employer's attention (or to higher institutions) all workers' complaints, even about wages.

To whom/Where can individuals complain, if they think they are earning less than minimum wage?

According to Title IX, Chapter I of the Code du Travail (2006) the institution in charge of individual disputes between employer and employee is the Labour and Social Law Inspector. However, for any problem regarding his contract (and wage as well) the worker will at first turn to his staff representative (Title VIII, Chapter V, Section I).