The Togolese market attracts many business owners thanks to the young and motivated workforce and an improved business environment. Additionally, the competitive labor cost and a legal system that supports both employers and employees make Togo a great place for businesses to expand. However, for a business to be successful in Togo, employers have to be aware of the legal regulations when hiring employees.

The probation period is one of the most critical rules at the beginning of any employment relationship. This trial period allows the employer to verify the skills, reliability, and cultural fit of a new hire before confirming them in a permanent role. 

The Labour Code has clear rules on probation, including duration, renewal, pay, and termination, which can result in legal challenges or financial penalties if not respected.

Definition of Probation Period in Togo

The Togolese Labour Act states that the probationary period is any period “expressly stipulated in the employment contract in writing, which must not exceed a time necessary to appraise the worker’s professional qualities by the employer and to allow the worker to appraise the working and living conditions, remuneration and social and health benefits, health and safety conditions and the general climate in the establishment”. Any renewal must be notified similarly, for an equal or lesser period than the initial probation.

In addition, the Code specifies that it is “real working time”. This means that the probationary period begins on the first day worked, and periods of suspension (e.g., illness) are not counted in the actual duration of the trial.

Lengths of Probationary Periods in Togo

Togo follows a category-based approach. Maximum durations for indefinite contracts vary by position level, and there is a single cap for fixed-term contracts. Unless a more favorable collective agreement applies, the maximum durations are strictly limited by the Code, and, where allowed, the rules on renewals are also specified. These limits are meant to ensure the trial period is a short period of good-faith testing rather than an open-ended arrangement.

Permanent or Indefinite Contracts

In the case of indefinite-term contracts (CDI), the Labour Code also provides graduated maximums for the maximum length of the trial period. These maximum periods are as follows: 

  • One month, renewable once, for monthly-paid employees
  • Three months, renewable once, for supervisors, foremen, and technicians
  • Six months for managers and equivalent roles, but not renewable

These caps are strict (they may not be exceeded) in all cases unless the collective agreement provides a more favorable regime for the worker. The law also provides that the probation period is taken into account to calculate the length of service for all rights and benefits that increase with seniority.

Fixed-Term or Definite Contracts

The same limit applies for fixed-term contracts (CDD) of less than six months; it’s even stricter. The probation period may not exceed one month and is not renewable, regardless of the professional category. This rule prevents long trial periods from being layered onto inherently time-limited contracts. 

The Labour Code also limits the duration of CDDs themselves. An initial CDD may not exceed two years; with renewals, the total may not exceed four years.

Legal Considerations of Probation Periods in Togo

Probation in Togo is fairly regulated by law so as not to leave the employer or the employee exposed to risk. The contract must be written in French, and the probation period, its duration, and the conditions for its termination must be explicitly mentioned. Employers may not base their evaluations on anything other than objective, job-related criteria and may not discriminate.

Despite the trial nature of the employment relationship, employees are entitled to fair and reasonable pay, safe working conditions, and equal treatment. They are also entitled to clear information on how they are performing.

Pay and Working Conditions

Probation in Togo does not affect pay. The employer should pay at least the wage provided in the contract. This amount can never be lower than the national minimum wage of 52,500 CFA francs per month.

Probationary period does not change the application of labor rules. The legal working week is 40 hours outside of agriculture, overtime must be paid according to the provisions of collective agreements, and at least 24 hours rest must be granted each week, typically on Sunday. The rights mentioned above apply from the first day of the probation period.

Termination and Notice

Probationary periods allow for a more flexible termination of the employment relationship. But even then, the employer must follow the rules and give proper notice. The notice during the probation period is usually shorter than for regular employees, but it still applies.

If the employment relationship continues after probation and is not terminated, the regular notice rules apply to dismissal or resignation under a CDI. The following rules apply to the length of the notice period:

Employee CategoryMinimum Notice Period
Hourly paid workersAt least 15 days
Workers and employeesAt least 1 month
Supervisors and managersAt least 3 months

Vacation / Holidays

The probationary period in Togo is considered actual service. The employee is eligible for annual leave from his first month. As per the law, there are 2.5 days of paid leave for every month worked. An employee accumulates a maximum of 30 days per year. The probationer has the same rights as regular employees. In some instances, however, the employment contract or internal company policy may require six months or even one year of service before the employee can go on vacation.

If the contract is terminated while the employee is on probation, they are still entitled to payment for the unused vacation days. During probation, the employee is also entitled to sick leave, weekly rest days, and public holidays. The Togolese government announces the annual list of public holidays, which the employer must comply with, even if the employee is on probation.

Benefits of Probation Periods in Togo

Probation periods benefit both the employees and the employers, making the hiring process more balanced and effective.

  • For Employees

Probation is an opportunity to try out the workplace with less commitment. It helps determine whether the culture, management, and role align with the employee’s goals.

It is a learning period during which employees acquire skills, adapt to company policies, and establish relationships. It often involves additional training and support.

Completing probation successfully provides more job security and confidence. It also includes constructive feedback for professional development.

  • For Employers

Probation allows employers to assess a new employee’s skills, teamwork, and cultural fit before committing long-term.

Employers can spot training needs early on and offer specific support to make onboarding go more smoothly.

Termination is much easier during probation periods, minimizing the legal risk for the employers.

Conclusion

Togo can be a highly attractive country for expanding businesses due to its young workforce, relatively low salaries, and a constantly improving business environment. However, if you want to succeed in Togo, finding the talent to scale your business is not enough. In Togo, there are strict rules to follow under the Labour Code, especially when it comes to probation periods.

There are clearly defined terms and conditions for the probation period, such as length, renewal, pay, and termination. An unintentional mistake might lead to legal fines and damage your company’s reputation.

You shouldn’t have to deal with this complexity or face noncompliance as an employer. This is where Remote People steps in to be your partner. We handle all compliance on your behalf, including probation period rules, so that you can hire without worry.

Frequently Asked Questions

Yes, for CDIs, the hourly-paid worker, worker/employee, and supervisor/technician categories are renewable once (subject to the category limits). The six-month trial period for managers is not renewable. 

 

For CDDs, the maximum probation period is one month and is not renewable. Any renewal should be specifically stated and cannot exceed the original period.

The standard working hours are 40 hours per week (outside agriculture). Overtime work is paid with the premium set in the collective agreement. A Weekly rest of at least 24 consecutive hours must be respected. The same rules apply during the probation period.

No. The limit is one month, which is not renewable, no matter the position. This is in addition to the legal limits on total CDD length, which cannot be more than two years initially and four years including renewals.