Togo
The ITUC affiliates in Togo are the Confédération Nationale des Travailleurs du Togo (CNTT), the Confédération Syndicale des Travailleurs du Togo (CSTT), the Union Générale des Syndicats Libres (UGSL) and the Union Nationale des Syndicats Indépendants du Togo (UNSIT).
Togo ratified Convention No. 87 on 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 Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise 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
(1949) in 1983.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is regulated by a Labour Code.
Anti-Union discrimination
The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Others categories
- Members of the security services and firefighters do not have the right to join a union. The Labour Code does not allow minors who have reached the statutory minimum age for admission to employment (15 years of age under section 150 of the Labour Code) to exercise their trade union rights without the need for authorization from their parents or guardians (section 12).
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law.
Restrictions on the principle of free and voluntary bargaining
- Compulsory conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation and / or binding 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 procedure in the event of disputes during 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
, other than in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
- Section 260 of the Labour Code provides that, in the event of persistent disagreement between the parties to collective bargaining on certain points in a collective dispute, the Minister of Labour may submit the matter to an arbitration board following the failure of conciliation.
Right to strike
Right to strike
The right to strike is regulated by a Labour Code.
The right to strike is enshrined in the Constitution.
Barriers to lawful strike actions
- Compulsory recourse to 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 , or to long and complex conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation and mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.
See arbitration, conciliation procedures prior 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 actions - For years, the ILO Committee of Experts has commented on the need to amend section 275 of the Labour Code, to ensure that the parties to a collective dispute are free to choose the procedure for the settlement of the dispute.
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.
- Discretionary determination or excessively long list of “essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
” in which 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 is prohibited or severely restricted - The ILO Committee of Experts has been commenting for years on the need to adopt the decrees referred to in sections 273 and 274 of the Labour Code on the determination of essential services in the event of a strike
In practice
During an extraordinary general meeting held on Saturday 16 March 2019, the staff of the Togolese licence plate company SOTOPLA-CEVA told union officials from SYNTRACOM-TOGO (Syndicat National des Travailleurs du Commerce du Togo) about the dreadful conditions and the climate of intimidation in which they have to work. The workers denounced the permanent threats of dismissal and even death threats made against any staff member who dares to initiate a 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
or to complain to the authorities. In addition, any discussion between two or three people within the company, even during breaks, and delays or absences at the 7 a.m. prayer time are punished with deductions from the workers’ wages or their suspension from work for more than a month without pay. Any attempt to negotiate is also reportedly rejected by the management.
Three teachers taking part in 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 in the city of Kara were arrested during a protest against the arrest of their colleague, Claude Pelelem, a trade union focal point for Synergie des Travailleurs du Togo (STT). Accused of storming high security premises, assaulting police officers and attempting to prevent proceedings following the arrest of Claude Pelelem, they were sentenced, on 13 April, to six months in prison, two months of which were suspended.
The federation of education unions, FESEN, the STT and the hospital workers’ union, SYNPHOT, denounced this “violation of trade union freedoms 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
”.
In theory, the thousands of 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 are covered by a reasonable legal framework – the labour law fully applies in the zones and a collective agreement took effect in 2013. In practice, however, the zones are typified by the persistent and growing violations of fundamental workers’ rights and trade union rights. In 2013, 160 employers of Paper Bags, a subsidiary of the Indian group WACEM, were sacked for demanding better working conditions. They are the victims of the company’s contempt and the much-decried tâcheronnat system, a labour contracting and outsourcing outsourcing See contracting-out system open to all manner of abuses. Despite the mobilisation of national and international trade union organisations as well as Togolese human rights groups, the workers were still awaiting, at the beginning of 2016, for justice to be served. The workers’ demands and the repeated warnings issued by COSYNTRASOFT, the 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. unions, regarding health and safety issues, are generally ignored. On 30 January 2015, an employee of the Korean company NINA died at work due to a lack of care. She had informed a superior that she was not feeling well, but was ordered to return to her post. The working conditions at the factory had already been described as abysmal, and the women often have to work standing up for ten hours in a row. In June, for lack of safety measures, six workers from the cement plant of the WACEM Group died in a fuel tank explosion. Almost 900 employees of this Indian group are employed under the tâcheronnat contract labour system. The management does not provide them with equipment and ignores their demands. At the end of 2015, they finally managed to secure a social agreement.
Très active dans le secteur public depuis sa création en 2013, la Synergie des travailleurs du Togo (STT) a été particulièrement visée par les autorités du pays en 2015. Confrontée au refus du gouvernement de donner suite à ses revendications, la STT a mené plusieurs grèves malgré des menaces et des violences. Plusieurs membres du gouvernement dont le Premier ministre ont cherché à intimider la STT en brandissant l’arme du licenciement des grévistes. La centrale a été accusée d’être à la solde de l’opposition, puis à l’approche du scrutin présidentiel, de troubler le processus électoral, alors que la STT avait décidé d’une trêve sociale. Le 15 mars, dans la ville de Dapaong où devait se tenir une assemblée générale du syndicat, des hommes munis de gourdins ont attaqué les militants, blessant plusieurs d’entre eux. Le lendemain à Lomé, une jeep armée d’une mitrailleuse a stationné en soirée devant le siège du Syndicat des praticiens hospitaliers du Togo (SYNPHOT) où venait de se tenir une réunion de la STT. Une manifestation à Lomé a été interdite début avril au prétexte que la STT n’avait pas encore un statut légal. En septembre à Dapaong, un sit-in d’enseignants a été dispersé par les forces de l’ordre. Ils protestaient contre les nombreuses mutations prises à leur encontre, des décisions qui visaient ceux qui avaient mené les grèves plus tôt dans l’année, comme le responsable de la STT dans cette ville
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 9,000 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.
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.
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.
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.
On 8 December, 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. Workers’ Union of Togo (USYNTRAZOFE) held its founding congress at the headquarters of the Workers Trade Union Confederation of Togo (CSTT). Organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. workers 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. remained difficult, with most employers still very hostile towards trade unions.