139. The settlement of collective labour disputes as well as individual disputes likely
to occur in the civil service shall be carried out based on principles set out in Article
158 of the general civil service regulations.
Article 14: The Right to Property
140. The right to property is established in Article 27 of the Togolese Constitution of
14 October, 1992 which stipulates that: “The right to property is guaranteed by law. It
may be infringed upon for purposes of public interest legally declared and after a fair
and prior compensation. One’s assets may only be seized by virtue of a decision
taken by a judicial authority”.
141. Law No. 2014-014 of 22 October, 2014 on modernisation of government
action concerning the economy provides for an expropriation system for purposes of
public interest. According to Article 67 of the aforementioned law, expropriation in
the public interest is declared in the absence of an amicable settlement by the courts
upon payment of a fair and prior compensation.
142. The expropriation of an entire building or part thereof or actual estate rights
cannot be declared until public utility has been established in due form as laid down
by this law. In the absence of an amicable settlement, the assignment of the property
and the determination of the amount of compensation payable fall under the
competence of the judge.
143. The right of expropriation is open to the State, to local governments, legal
persons under public law to which public authority delegates rights to undertake
works or operations considered for reasons of public utility.
144. The expropriation of an entire building or part thereof or in real estate property
cannot be declared until it has been preceded with a declaration of public utility
following a public inquiry. In the absence of an amicable settlement, the court of
first instance in the location where the building is sited is the only competent court to
rule on the date of the assignment of the property and the determination of the
amount of compensation. The court of first instance shall be seised by the earliest
petititioner by writ of summons.
Article 15: The right to work: equality of working conditions and salaries
145. The Togolese Constitution guarantees to each citizen equality of opportunities
for employment, fair and equitable remuneration. No one may be discriminated
against in their work on account of their sex, origin, beliefs or their opinions. (Article
37 of the Constitution).
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