Togo - 2011

Population: 6,600,000
Capital: Lomé
The Labour Ministry tried hard to improve social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. and guarantee good industrial relations industrial relations The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.

See social dialogue . However, when faced with industrial unrest, both public and private employers prove reluctant to allow freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework and collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
. Workers and trade union rights are continually flouted, particularly in private education and the export processing zone export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. .
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)

reported violations - 2011

Documented violations - actual number of cases may be higher

Background

On 4 March Faure Gnassingbé was re-elected in a presidential ballot marred by irregularities. Living conditions further deteriorated as the price of basic goods soared. The authorities harshly repressed several demonstrations. In December, the IMF and the World Bank announced that the country had reached the completion point under the enhanced Heavily Indebted Poor Countries (HIPC) Initiative and could therefore allocate more of its limited resources to priorities such as social needs and renovating infrastructure. Togo celebrated 50 years of independence.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 6,600,000
Capital: Lomé

reported violations- 2011

Documented violations - actual number of cases may be higher

Trade union rights in law

While the Constitution guarantees freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework and the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , excessive restrictions still apply. The Labour Code of 2006 extends the right to hold union office to migrant workers legally established in the country, and specifically stipulates that the consent of a spouse is not needed to join a union, a provision that facilitates the right of women to organise. However, workers in export processing zones do not enjoy the same trade union rights as workers outside the zones. Furthermore, the Labour Code stipulates that the dismissal of union representatives require the consent of the labour inspectorate. Although anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

 is prohibited, there are no provisions protecting strikers against employer retaliation.

While the right to collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
is recognised, it is limited to a single nationwide agreement that must be negotiated and endorsed by the government as well as trade unions and employers. Finally, public sector health workers are not allowed to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike .

Additional information regarding the legislation
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 6,600,000
Capital: Lomé

reported violations - 2011

Documented violations - actual number of cases may be higher

In practice

Unions created in export processing zone, but many abuses persist: Three trade unions were recently created in the country’s export processing zone export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. . However the difficulties they encountered in their formation and in just being able to function underlined the contradictions and vagueness of the regulations governing workers rights in the zone. The majority of the 9000 workers (60% women) employed in the 60 enterprises of the zone continued to be deprived of their most basic rights. There is no general framework for consultation and the unions were not involved in the review of the legal texts governing the free trade zone. Hence the exemptions regarding dismissal, arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation and dispute settlement remained, to the detriment of the workers.
Unions still waiting for real social dialogue: National trade union centres demanded a resumption of social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. several times during the year, as well as the full implementation of the protocol signed by the social partners social partners Unions and employers or their representative organisations. in 2006. Out of the 125 commitments made aimed at resolving serious shortcomings in terms of economic, social and cultural rights, barely 30 have been implemented. Only an emergency seems to galvanise the authorities into negotiating with the unions. In June a sharp rise in fuel prices led to strong social unrest. After announcing a general strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , the five major trade union centres obtained a small fall in fuel prices during a crisis meeting of the National Council for Social Dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. . The discontent continued however.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 6,600,000
Capital: Lomé

reported violations - 2011

Documented violations - actual number of cases may be higher

Violations

Teachers’ union leader dismissed: On 29 July Kokou Pognon, a teacher and the General Secretary of the National Union of Lay and Denominational Teachers (SYNESPLAC-TOGO), was dismissed by the “Nouvelle constellation” school for taking part in trade union training seminars, even though the National Workers’ Trade Union Confederation of Togo (CSTT) had sought permission, in line with the labour code. In October SYNESPLAC-TOGO and several other teachers’ unions had denounced the lower quality working conditions in private schools and the refusal to allow trade union activities.
Three union officials formally sacked and strikers effectively dismissed by pharmaceutical company in export processing zones: Poor working conditions at the Sprukfield pharmaceuticals factory led to a serious industrial dispute industrial dispute A conflict between workers and employers concerning conditions of work or terms of employment. May result in industrial action. there at the end of the year. After management refused to negotiate with the representatives of staff belonging to the SYNATRAZOFT union or to accept their notice of strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action, 120 employees out of the total workforce of 132 stopped work on 9 November. Workers were hopeful after the zone’s management offered to mediate. However, on 3 December it confirmed the request by Sprukfield to dismiss the three SYNATRAZOFT representatives, Fayossey Koffi Agbegna, Panema Hezo and Kangbeni Delphine. The remaining workers who had taken part in the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike also found themselves out of work, but with no formal notice of dismissal.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 6,600,000
Capital: Lomé

reported violations - 2011

Documented violations - actual number of cases may be higher
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