Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Togo (Ratification: 1983)

Article 1 of the Convention.Protection against acts of anti-union discrimination. The Committee notes that, under the terms of section 267 of Act No. 2021-012 of 18 June 2021 issuing the Labour Code, “the termination of the employment [of a staff delegate] by decision of the employer without seeking the prior authorization of the labour inspector or despite the refusal of the latter, or in spite of the annulation by the Minister of Labour of the decision of the labour inspector to authorize termination of employment, shall give rise to an increase in damages and interest in the event that the abusive nature of the termination is confirmed by a court ruling. This increased amount shall be equivalent to six months’ gross wages.” The Committee observes in this regard that, in contrast with section 215 of the Labour Code of 2006, the revised version of the Labour Code does not appear to contain provisions on the reinstatement of a workers’ representative who has been subject to unjustified dismissal, even though reinstatement is the most effective remedy for acts of anti-union discrimination (2012 General Survey on the fundamental Conventions, paragraphs 182 and 185). Emphasizing the importance of anti-union dismissals resulting in sufficiently dissuasive penalties, the Committee requests the Government to provide further information on the compensation that may be imposed by the labour tribunal in such cases, with an indication in particular of whether the tribunal is empowered to reinstate dismissed workers.