In Togo, the workplace should be a space of competence and respect. Yet, some abuses persist. If a superior retaliates after a refusal of sexual advances, he is not only committing a moral failing: he is committing a crime that is severely punished.

What the law says: Refusal is not a fault

The answer from the Togolese Labour Code is unequivocal: No, an employer cannot absolutely sanction an employee for refusing sexual advances.

Article 368 of the Labor Code protects all employees against:

1. Blackmail and threats of dismissal.
2. Removal from responsibilities or being sidelined.
3. The deliberate deterioration of working conditions (psychological pressure).
4. Obstacles to promotion or career advancement.

The penalties incurred: Zero tolerance

The Togolese legislature has provided for heavy penalties to deter such behaviour and protect the dignity of workers.

Type of conviction	Standard sanction	In case of recurrence
Financial penalty	500,000 to 2,000,000 FCFA	Up to 4,000,000 FCFA
Prison sentence	6 months to 2 years	Up to 4 years old

Note: The judge may decide to apply the fine, the prison sentence, or both simultaneously.

Victim of harassment: How to react?

If you are experiencing such pressure, don't remain isolated. Here's how to assert your rights:

1. Document the facts: Carefully note the dates, locations, and statements made. Keep all evidence safe (text messages, emails, screenshots, witness statements).
2. Break the silence: Alert your trusted colleagues, your staff representatives or your union.
3. Contact the authorities: * Contact the Labour Inspectorate in your area.
4. File a complaint with the gendarmerie or the police station.
5. Get support: If possible, consult a specialist lawyer to structure your case.

Important: The law specifically protects you against reprisals related to your denunciation.

A health and performance issue

Beyond the penalty, this law aims at three major objectives:

1. Dignity: The worker's body is not a currency.
2. Equality: Only competence should dictate career progression.
3. Mental health: Preventing stress, anxiety and depression related to harassment.

Advice for employers

It is your responsibility to ensure a healthy work environment. Training your managers and implementing an internal reporting procedure is not only an ethical obligation, but also a protection for your company against major legal and reputational risks.