Payroll and Benefits Guide Togo

Termination Process

A fixed-term contract terminates at the end of its term or by cancellation by either of the parties. A fixed-term contract can also be cancelled in the event of force majeure (acts of God); agreement of the parties, provided that the latter is evidenced in writing; gross negligence; and judicial resolution.

The employment contract of indefinite duration can be terminated by the will of either party, provided that the party taking the termination initiative gives the notice.
The dismissal must be confirmed in writing within eight (08) days. A copy is sent to the Labour Inspectorate and the social and employment service. The Labour Code requires termination notice or paying in lieu of notice before terminating services of an employee (or even when an employee terminates the employment contract).

Notice Period

The Inter-professional Collective Agreement specifies the minimum length of notice period , which varies according to the seniority type of the employee, as follows:

• For employees it is one month
• For supervisors/managers etc it is three months
• For hourly paid employees it is five days

During the notice period, the worker continues working with the same terms and conditions except that the worker may take up to 1 day of paid leave per week. The party that is terminating the employment contract must specify the reason for the denunciation.

An employment contract during the trial period (by employer or employee), pregnancy and breastfeeding period may be terminated by the employee without notice and having to pay compensation for breach of contract.

Severance Pay

If an employee has retired or has been made redundant in that case severance pay is not required.
Severance pay is dependent on the employee’s length of service as specified below:

• Between 1 and 5 years of service, an employee is entitled to 35% of the average annual salary
• Between 6 and 9 years of service, an employee is entitled to 40% of the average annual salary
• More than 10 years of service, an employee is entitled to 45% of the average annual salary

Probation Period

The probationary period in Togo is dependent on the type of role and is stipulated within the employment agreement, as follows:

• 8 days, renewable once for workers paid by the hour;
• one month, renewable once for workers, employees and the like;
• 3 months, renewable once for supervisors, technicians and the like;
• 6 months non-renewable for executives and similar