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Togo

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Togo

Standard working hours

The legal framework for standard working hours in Togo is established by the Labour Code and supplemented by the Interprofessional Collective Agreement.

The standard workweek in Togo is set at 40 hours. The Labour Code does not specify a maximum number of working hours per day, however, the 40-hour weekly limit must be adhered to.

Overtime

In Togo, labor law permits overtime work under certain conditions, with required compensation for exceeding standard working hours. Here's a summary of the regulations as outlined in the Labour Code and the Interprofessional Collective Agreement (Collective Agreement).

Eligibility for Overtime

  • Exceptional Situations: Overtime work is generally authorized in cases of emergencies or exceptional situations.
  • Employer Authorization: Employers have the authority to request overtime work, but they must consult with employees beforehand.

Overtime Limits

  • General Limits: Specific limitations on total overtime hours are determined by decisions of the Minister of Labour, made in consultation with the National Labour Council.
  • Collective Agreements: Industry-specific collective agreements may also set additional limitations on overtime hours.

Overtime Compensation

  • Compensation Method: Overtime work is compensated by an increase in wages.
  • Compensation Rates: The specific rates for overtime pay are established by the Collective Agreement:
    • First 8 Hours: For the first eight hours of overtime worked in a week (bringing the total to 41-48 hours), employees are entitled to a 20% increase on their regular hourly wage.
    • Over 8 Hours: For overtime exceeding 48 hours in a week, employees receive a 40% increase on their regular hourly wage.
  • Weekend & Holiday Overtime: Work performed on Sundays and public holidays is compensated at a rate of 65% above the regular wage.

Rest periods and breaks

In Togo, labor law outlines regulations regarding weekly rest periods but offers limited guidance on mandated breaks during working hours.

All workers in Togo are entitled to a mandatory rest period of at least 24 consecutive hours in every seven-day period. Traditionally, Sunday is considered the designated rest day for most employees.

The Labour Code does not establish a minimum or mandated length for daily rest periods for most workers. However, there are exceptions for young workers and nursing mothers.

Young workers, aged between 14 and 18 years old, are protected by the Labour Code which requires a minimum daily rest period of 12 hours. Nursing mothers with newborns are entitled to take breaks for breastfeeding, totaling a maximum of one hour per day, for up to 15 months following childbirth.

The Labour Code currently does not mandate any specific rest breaks during working hours for most employees. However, industry-specific collective agreements may include provisions for rest breaks. It's advisable to consult the relevant collective agreement for your sector to determine if there are mandated breaks.

Night shift and weekend regulations

In Togo, the labor law addresses night work and weekend work with some distinctions in compensation but limited regulations on scheduling. The Labour Code does not explicitly define night work, but it's generally understood as work performed between 10:00 PM and 5:00 AM the following day. The Labour Code offers no specific premium pay for regular night work during weekdays. However, overtime work performed during the night shift on weekdays qualifies for a 165% increase on the regular wage according to the Interprofessional Collective Agreement.

Sunday is traditionally the designated rest day for most employees in Togo. However, there are situations where weekend work may be required. The Collective Agreement mandates a 65% increase in regular pay for work performed on Sundays and public holidays.

The Labour Code doesn't regulate the scheduling of night shifts or weekend work. Collective agreements for specific industries may have additional provisions on scheduling practices. It's important to consult your employment contract or company policy to understand how your employer handles night shift and weekend work assignments.

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