Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Protection of Wages Convention, 1949 (No. 95) - Togo (Ratification: 1960)

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes that, under the terms of section 126 of the Labour Code, the payment of wages in kind is prohibited, subject to the provisions of section 119 respecting the accommodation and food to be provided to a worker posted away from her or his normal residence and initial workplace. The criteria for the calculation of the value of the food provided are determined by the provisions of agreements or, in their absence, by order of the Minister of Labour. The Committee also notes that the interoccupational collective agreement adopted in 2011 does not cover this issue. Recalling the need to ensure that the value attributed to allowances in kind is fair and reasonable, in accordance with Article 4(2) of the Convention, the Committee requests the Government to indicate whether this matter is covered by collective agreements or whether a ministerial order has been adopted under the terms of section 126 of the Labour Code.

Articles 8 and 10. Deductions from wages: attachment or assignment of wages. Further to its previous comments, the Committee notes the Government’s indication in its report that the decree envisaged in section 137 of the Labour Code to determine the procedures for the application of section 136 respecting possible deductions from wages has still not been adopted. The Committee also notes that section 193 of Act No. 2013-003 issuing the General Public Service Regulations of Togo lists the deductions authorized from the remuneration of public employees. The Committee requests the Government to provide information on the adoption of the decree envisaged in section 137 of the Labour Code and on the texts determining the limits on the deductions that may be made from the remuneration of public employees, as envisaged in section 193 of the General Public Service Regulations.

Article 14. Payslips. Further to its previous comments, the Committee notes the Government’s indication that the order envisaged in section 129 of the Labour Code to determine the conditions respecting payslips has been adopted (Order No. 012/MTESS/CAB/DGTLS of 30 July 2010).