(independantexpress.net)
If there is one sector that contributes to the country's prosperity and the unemployment in Togo, it is the private sector. But this sector seems to be the poor relation of the current legislation, understood that the relations that the National Social Security Fund maintains with its partners that are private companies are not likely to encourage them. In the absence of redress and controls, private companies are often forced to either put the key under the doormat or resort to fraud. The CNSS
Under Law No. 2011-006 of February 21, 2011, which has a social security code, employers have eight days to report workers once they are hired. Indeed, point 1 of Article 9 of the Act clearly states "the registration of the worker at the Caisse is mandatory at the employer's diligence within eight (08) days from the date of his employment, or risk penalties provided for section 95 of this Act." This clearly shows that all workers should be able to benefit from the rigorous application of this provision in order to be covered by social security in the event of occupational accidents.
Unfortunately, it is clear that on the ground, the situation is quite different and many private sector jobs are not reported to the National Social Security Fund. While some operators point to financial difficulties in clearing customs, others point to the slowness of the Institution's services, especially in the case of occupational accidents. Employers still find themselves paying hospital costs while waiting for a hypothetical reimbursement that can take months or even years. Although there has been a marked improvement in services today, it is often said that those who have been bitten by the snake fear the worm. It is above all the obligation of the employer to take care of the care before reimbursement that irritates many, the latter believing that it is up to the Caisse to take responsibility, especially when they are up to date with their contributions.
Beyond this situation, which is not an incentive for private sector business leaders, management in late contributions is the real bone of contention between the two parties. Article 17 of Law No. 2011-006 states that the employer is obliged, first of all, to pay all the contributions due, including the employer's share and the worker's share on time and according to terms set by the minister's decree. Second, a five per cent increase (5%) contributions that have not been paid by the due date of the contributions defined under section 12 of the Act. Third, this increase is increased by one per cent (1%) contributions not paid per month or fraction of months after the expiry of three (03) months from the due date of contributions.
In summary, when you have arrears of social security contributions, they are subject to increases, which themselves amount from month to month, and indefinitely, until the day you can afford to pay. And then again, you are not at the end of your sentences, because once you have been calculated your arrears, you have been increased, if you do not pay your debt in one go, moratorium interest starts to run and those interest also increase from month to month depending on the number of months you choose to pay all of your debts.
And to begin the settlement, the current law requires you to pay at least one-third of the debt before the rest is spread over a maximum of 24 months, and exceptionally over 36 months. And to top it all off, at the same time as you pay your arrears, you are obliged to pay the outstanding, that is, the contributions of the moment. A real bottleneck that continues to suffocate societies.
Alliance Togo Informatique
On analysis, one has the impression of ending up in a flight system that does not say its name, since you can easily end up with premiums and interest moratoriums, which, combined, even exceed the main amount of your contributions that have no not been paid in time. So the question arises as to whether we are still in a social security system or in a hard-line capitalism.
A small survey of employers shows that it is the financial difficulties that are often at the root of defaults, but the CNSS does not always take the step that it takes to understand its partners why the situation that prevails and justifies delays. Even if your contributory account has been correct in the past and you start with delays, the collection action boils down to a notice followed by a settlement constraint.
While it is true that the Caisse is entitled to claim what is owed to it, it is questionable whether it is not more appropriate to work to preserve jobs instead of pushing employers to the limit at the risk of hastening the closure of structures. Some employers even think that the social partner that is the Caisse puts more resources to claim the arrears of contributions than to meet its obligations related in particular to the payment of family allowances and especially to the direct assumption of the workplace accidents.
The CNSS is nothing without private companies and it is important that social security retains its social aspect. Far be it from us to advocate the refusal to pay employers' obligations, we believe that both parties must find ways to maintain and sustain their relations so that the insured who are workers can benefit from the fruits of their insurance.
Today, the Caisse only goes to the partners to do a check. There are almost never targeted information and training actions, although we note the initiation of the "Social Friday" whose participation is set at two hundred thousand francs per person.
Instead of dealing with the distribution of school kits, although commendable, since we do not know if this is part of its obligations, the CNSS needs to look more closely at the grievances of its partners in order to make the and thus preserve the employment of workers.
The law must necessarily be reviewed so that contribution arrears do not kill businesses. Everyone can have the debts, but the most important thing is to make commitments to pay them.
And in this case, it is important to have a listening ear from your creditor. When previously serious companies have difficulties, support is needed to help them recover. The law is made by men and for men. And they are made to serve them, not enslave them, or even swallow them.
The other pair of sleeves in the management of CNSS itself will be the subject of a file for which our investigations are ongoing. Social SECURITY'S NATIONAL CAISSE MANAGEMENT. At what level is the private sector involved and what is its role? We have been learning for some time that it was the fund that started the ode construction of the Saint Peregrine hospital which is still underground and the CNSS is a major shareholder of the National Drinks Company SNB which took shape. So what is the level of transparency in the financing of these new structures, our investigations will tell us more.
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Alfredo Philomena
