Documented violations - actual number of cases may be higher
Togo - 2012
Population: 6,028,000
Capital: Lomé
Capital: Lomé
In spite of mass action against serious violations of the labour legislation and trade union rights at the Sprukfield pharmaceutical factory in 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.
, and the signing of an agreement in May, the majority of the 120 employees have still not been reinstated.
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)
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 - 2012
Background
Fuel price increases gave rise to bitter tensions in a country where 70% of the population lives on less than two dollars a day. Togo saw an easing of political tensions after many difficult years.
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)
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: 6,028,000
Capital: Lomé
Capital: Lomé
reported violations- 2012
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
.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
The Labour Code of 2006 specifically stipulates that all persons are able to join a union without the express consent of their spouse, which facilitates the right of women to unionise.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
Stronger protection is afforded to trade union representatives by the 2006 Labour Code through a provision stating that their dismissal must be approved by the labour inspectorate. Anti-union discrimination is prohibited. However, there is no provision protecting strikers against reprisal measures.
Restrictions
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Police
- >Export processing zone (EPZ) workers
- The law provides exemptions from some provisions of the Labour Code for companies with export processing zone (EPZ) status, such as the regulations on hiring and firing. Employees of EPZ companies do not enjoy the same protection against anti-union discrimination as other workers. This matter has been raised repeatedly by the ILO Committee of Experts which has highlighted the need for workers in EPZs to enjoy trade union rights.
- >Others categories
- Les membres des services de sécurité et les pompiers n'ont pas le droit d'adhérer à un syndicat.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law but strictly regulated.
Nominally, the right to collective bargaining exists, but this is limited to a single nationwide agreement that must be negotiated and endorsed by representatives of the government as well as trade unions and employers. The agreement sets nationwide wage standards for all employees in the official economy.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
Restrictions
Limitations or ban on strikes in certain sectors:
- >Undue restrictions for "public servants"
- Public sector health workers are allowed to join unions but not to strike.
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)
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: 6,028,000
Capital: Lomé
Capital: Lomé
reported violations - 2012
Documented violations - actual number of cases may be higher
In practice
Widespread abuses in export processing zone: Three trade unions were recently set up in 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.
(EPZ
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.
). The obstacles to their formation and operation have, however, 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 or so firms in the EPZ
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.
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. As a result, 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 in force, to the workers’ detriment.
See conciliation, mediation and dispute settlement remained in force, to the workers’ detriment.
Implementation of amended law on export processing zones overdue: The government amended the 1989 law governing export processing zones, with the stated aim of ensuring better respect for the labour legislation in this sector, but has not yet taken steps to bring the new law into force. In October, COSYNTRAZOFT, the umbrella organisation grouping EPZ
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.
labour unions, made an urgent appeal to the authorities to implement the law. Conditions in 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.
are characterised by countless workers’ rights violations: unfair dismissals, working hours exceeding the legal limit, non-compliance with statutory leave and social security obligations, and the obstruction of trade union activities.
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)
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: 6,028,000
Capital: Lomé
Capital: Lomé
reported violations - 2012
Documented violations - actual number of cases may be higher
Violations
Majority of 120 unfairly dismissed strikers still not reinstated:
On 27 May, following months of intense action, COSYNTRAZOFT, the umbrella organisation grouping EPZ 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. workers’ unions, managed to secure a tripartite agreement providing for the progressive reinstatement, starting in June, of the Sprukfield workers that had been unfairly dismissed at the end of 2010. By the end of 2011, however, only a handful of people had been allowed to return to their posts, after writing a letter of apology. The management persistently flouted the law throughout the year. The Association of 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. Employers also used all kinds of delaying tactics to prevent a settlement of the dispute. The appalling working conditions at the Sprukfield pharmaceutical plant had given rise to a serious labour dispute labour dispute See industrial dispute at the end of 2010.
After management refused to negotiate with workplace representatives and then refused to accept their 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
notice, 120 employees out of the total workforce of 132 downed tools on 9 November 2010. The EPZ
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.
management’s subsequent offer to mediate raised the workers’ hopes of a fair outcome. On 3 December, however, it confirmed Sprukfield’s request to dismiss the three SYNATRAZOFT representatives, Fayossey Koffi Agbegna, Panema Hezo and Kangbeni Delphine. The other 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
were also sacked, but received no formal notice of their dismissal.
Conditions at Sprukfield are characterised by excessively long working hours, unpaid night work, no paid leave and no social security. Its employees have to work on machines for over nine hours a day, six days a week, without being paid the corresponding overtime at the legally established rate. None of them have ever benefitted from paid leave or maternity leave. They do not have employment contracts and the employer refuses to recognise their union representatives. The company does not issue wage slips, does not take the appropriate safety measures and only makes contributions to the Social Security Fund for two percent of its employees.
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)
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: 6,028,000
Capital: Lomé
Capital: Lomé
reported violations - 2012
Documented violations - actual number of cases may be higher