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Togo - Working time - 2011


LAST UPDATE

5 May 2011

SOURCES


Name of Act

Labour Code - Act No. 2006-010 respecting a Labour Code, (Loi n.2006 portant Code du Travail, Journal officiel n.38, pag.38) of 13 December 2006
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Name of Act

Ordinance on Public Holidays, Ordinance No. 79-10 of 2 March 1979

LEGAL DEFINITIONS


Employee/worker

Any person (regardless his sex and nationality) committted to place his or her professional activities under the control and authority of an employer (public or private person) for remuneration.
Labour Code Art.2

Employer

Any person (physical or moral/public or private) who has the control and authority over one or several employees.
Labour Code Art.2

Overtime/overtime work

Overtime work is work performed beyond 40 hours a week.
Labour Code Art.142

Night work(er)

Night work is the work performed in the interval between 10 pm and 5 am.
Labour Code Art.144

Young worker

Young workers are older than 14 years old. Exemption can be provided by order of the Minister of Labor, after consultation with the National Labor Council considering the local circumstances and the kind of work performed.
Labour Code Art.150

NORMAL HOURS LIMITS


Daily hours limit


General limit

(No general statutory daily hours limit.)

Weekly hours limit


General limit

In any establishement, except those of agricultural activities, the total duration of the work performed during a week cannot exceed 40 hours.
Labour Code §142
Historical data (year indicates year of data collection)
  • 2007: 40 hours

Special categories


» Part-time work

A shorter duration of the normal working week can be agreed in the employment contract.
Labour Code §143

» Agricultural workers

According of the nature of the employment, agricultural workers are not covered by the weekly limitation of work of 40 hours per week. However a limit of 2400 hours is fixed per year.
Labour Code Art.142

OVERTIME WORK


Criteria for overtime


General

Overtime work is permitted in case of emergency or exceptional situations.
Labour Code Art.142

Limits on overtime hours


General limits

The general limits on overtime work (in case of emergency or exception) are delimited by decision of the Minister of Labour after consultation of the National Labour Council.

Other general limits are delimited by Collective Agreements.
Labour Code Art.142

Compensation for overtime work


Compensation procedure

Overtime is compensated with a wage augmentation.

Rates for overtime pay are determined in collective agreements.
Labour Code Art.142

REST PERIODS


Rest breaks


General provisions

(No general statutory provisions on rest breaks.)

Special categories


» Pregnant workers/recent birth

Nursing mothers are entitled to maximum 1 hour daily breastfeeding breaks during the 15 months following childbirth.
Labour Code Art.149

Daily rest periods


Duration

(No general statutory provisions on daily rest.)

Special categories


» Young workers

Young workers are entitled to a daily rest period of at least 12 consecutive hours.
Labour Code Art.154

» Disabled workers

Disabled workers are entitled to a daily rest period of at least 12 consecutive hours.
Labour Code Art.154

Weekly rest periods


Duration


» General

Workers are entitled to one day of rest per week.
Labour Code Art.156

Day specified


» General

Weekly rest day is usually on Sundays.
Labour Code Art.156

Work on weekly rest day


» Compensation (for working on a rest day)

The rate of pay is determined in collective agreeements.
Labour Code Art.142

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

Workers are entitled to anual leave after one year of work. It is also possible to enjoy this right, after six months, if so agreed with the employer.
The entitlement to annual leave can be postponed up to a maximum of 2 years, upon the agreement of the worker and employer.
Labour Code Art.159

Duration


» General

Two and a half days per month.
Collective or individual agreements can contain a more favourable entitlement.
Labour Code Art.158
Historical data (year indicates year of data collection)
  • 2007: 30 days (two and a half days per month). Collective or individual agreements can contain a more favourable entitlement.

» Exceptions

Workers hired abroad are entitled to additional leave to compensate for their travel time.
Labour Code Art.160

Payment


» Amount

Leave allowances amount to 1/12th of the average wages and other remuneration elements of the preceding 12 months, unless more favourable conditions are provided by a collective or individual agreement.
Labour Code Art.160

» Date of payment

Employer must pay leave allowances before the leave is taken.
Labour Code Art.160

PUBLIC HOLIDAYS


Number and dates

Workers are entitled to 10 days of public holidays:

1 January: New Year’s Day; 13 January: National Liberation Day; 24 January: Economic Liberation Day/Victory’s Day; 27 April: National Party; 1st May: Worker’s Day/Ascension Day; 21 June: Patriotic Martyrs of Pya; 5 August: Assumption Day; 1st November: All Saint’s Day; 25 December: Christmas Day, Ramadan and Tabaski
Ordinance on Public Holidays Art.1

Work on Public Holidays


» Compensation

The rate of pay is determined in collective agreeements.
Labour Code Art.142

EMERGENCY FAMILY LEAVE

Special family leave up to 10 days and not to be deducted from period entitling to annual leave.
Labour Code Art.158

PART-TIME WORK


General provisions

In case of part time work the employer and the employee shall expressly specify by written contract the number of hours that the worker shall perform.
Labour Code Art.143

NIGHT WORK


Criteria for night work

Night work is the work performed in the interval between 10 pm and 5 am.
Labour Code Art.144

Compensation

There is no wage premium for night work, unless otherwise provided for in a collective agreement.
Labour Code Art.146

Special categories


Young workers

Young workers under 18 years of age may not perform night work. Exceptions are possible due to the nature of work but only after aprooval of the Minister of Labour, after consultation with the National Council.
Labour Code Art.145

Results generated on: 19th April 2014 at 06:22:01.
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