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

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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).

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Articles 8 and 10 of the Convention. Deductions from wages – Attachment or assignment of wages. The Committee notes the Government’s statement that the draft decree provided for under section 137 of the Labour Code has already been validated by the National Council for Labour and Social Legislation (CNTLS) and will soon be submitted to the Council of Ministers for validation. Noting that, in the absence of this new decree, it is colonial Decree No. 61-85 of 6 October 1961 which is still in force, even though its content is obsolete, the Committee looks forward to the Government ensuring the validation of the new decree and sending a copy of the decree once it has been adopted.

Article 12. Regular payment of wages. In the absence of any new information on this point in the Government’s report and noting that the country is still experiencing difficulties with regard to the regular payment of wages resulting in wage arrears in a number of sectors, the Committee again requests the Government to provide detailed information on the extent of the problem, indicating the number of workers affected, the total amount of wages due, and the number of enterprises and branches of activity concerned. It also requests the Government to indicate the measures taken or contemplated to prevent the practice of unpaid wages or wage arrears.

Article 14. Composition of the payslip. Noting that the order provided for by section 129 of the Labour Code, establishing the composition of the payslip, has been validated by the CNTLS, the Committee requests the Government to send a copy of this order once it has been adopted.

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Articles 8 and 10 of the Convention. Deductions from wages. Attachment or assignment of wages. The Committee notes that deductions from wages and the attachment or assignment of wages are allowed only in the instances set forth in section 136 of the Labour Code (Act No. 2006-010 of 13 December 2006). It also notes that pursuant to section 137 of the Code, a draft decree fixing deduction rates and procedures and limits for the attachment and assignment of wages has been approved by the National Labour Council and will shortly be submitted to the Council of Ministers. The Committee requests the Government to provide a copy of the new decree as soon as it has been adopted.

Article 12. Regular payment of wages. The Committee understands that the country is faced with persistent difficulties in paying wages regularly, so that in some situations wage arrears of several months have accumulated in the public administration and state companies as well as in the private sector. It asks the Government to provide detailed information on the extent of the problem, indicating in particular the number of workers affected, the total amount of wages due, the number of enterprises and branches of activity concerned. It also asks the Government to indicate the measures taken or envisaged to settle the arrears and ensure regular payment of wages.

Article 14. Composition of the payslip. The Committee notes the information supplied by the Government to the effect that the decree provided for in section 129 of the Labour Code and establishing the composition of the payslip, has been approved by the National Labour Council. It asks the Government to send a copy of the decree as soon as it has been adopted.

Part V of the report form. Application in practice. Aware of the difficulties the Government has met in establishing a database of statistics on the work of the labour inspection services, the Committee hopes that the Government will shortly be in a position to collect and forward general information on the manner in which the Convention is applied in practice and, in particular, extracts from official reports, statistics of visits carried out by the inspection services indicating the number of infringements reported and the penalties imposed, copies of official studies pertaining to wage protection or any other information enabling the Committee to assess the manner in which the Convention is applied in practice.