Employer in the Democratic Republic of the Congo

Employers may be companies, public institutions, or other private organizations. An informal owner may also act in practice as an employer even if the business is not fully formalized. Formal employer status is governed by the Labour Code (Code du Travail) and generally also covers daily workers, casual work, domestic workers, ship crews, and equivalent workers. When a business is established, the business notification is made through the one-stop shop for business creation (Guichet unique de création d’entreprise). After opening, taking over, or making the first hire, the Mod.AE form (Mod.AE) must generally be submitted within eight days, unless a formation procedure through the central one-stop shop applies. All establishments are covered by a common National Social Security Fund (Caisse Nationale de Sécurité Sociale (CNSS)) affiliation. The CNSS certificate must be requested within three days. The competent bodies include the General Labour Inspectorate (Inspection Générale du Travail (IGT)), the CNSS, the National Employment Office (Office National de l’Emploi (ONEM)), and, depending on the dispute, the Labour Tribunal (Tribunal du Travail). The employment contract normally contains information about the employer and the CNSS, the employee’s identity, duties, remuneration and additional benefits, place of work, contract duration, notice period, start date, and place and date of conclusion. Medical fitness is also among the required information. Employers keep declarations concerning hiring and departure as well as wage, personnel, and attendance records. The employer must organize the agreed work and direct the work. The employer has duties concerning safety, health, and dignity in the workplace, must classify jobs, and must observe equal pay for equal work where qualifications and performance are comparable. Statutory minimum wages and family allowances are governed by Decree 18/017 (Décret 18/017). Remuneration is paid regularly, at intervals of no more than one month and no later than six days after the end of the pay period; arbitrary deductions are not permitted. Rules against harassment and discrimination also apply to the employment relationship. Internal workplace rules are submitted to the employee representatives and the competent labour inspector before entering into force. The trade union delegation (délégation syndicale) is elected; thresholds, categories, and the number of delegates are governed by Ministerial Order 048/CAB/VPM/METPS/2015 (Arrêté ministériel 048/CAB/VPM/METPS/2015). The employer must receive and inform the delegation. The employer consults it, among other matters, on working hours, general criteria for hiring, dismissal, and transfer, remuneration and bonus systems, and workplace rules, and provides economic and social information at least twice a year. Disciplinary measures must comply with the law and applicable rules. Depending on the activity, additional duties concerning transport, training, accommodation, or meals may arise. For occupational safety, an occupational health service and an occupational physician (médecin du travail) are provided for. This includes medical monitoring, hygienic inspection of the workplace, and first aid; larger businesses may need their own medical service and a dedicated safety and hygiene service. From 20 employees onward, an occupational safety, health, and beautification committee (comité sécurité, hygiène et embellissement) is mandatory. The employer pays a CNSS contribution of 1.5 percent for the risk of work-related harm. Employer contributions to the CNSS total 13 percent: 5 percent for old-age insurance, 1.5 percent for occupational risks, and 6.5 percent for family benefits. Employees additionally contribute 5 percent for old-age insurance. Employers submit the monthly declaration and generally pay within 15 days after the following month; a five-day grace period is provided. From day 21 onward, late payment may be charged at 0.5 percent per day. Businesses with more than 25 employees must submit electronically and attach payroll lists. Individual employment disputes generally begin with conciliation before the competent labour inspector. The inspector invites the parties within 15 days and must give at least three days’ notice. The result is recorded in a conciliation or non-conciliation report; only afterward is access to the Labour Tribunal opened, and the claim must generally be filed within twelve months from the report. Collective conflicts first go through workplace or contractual conciliation, followed where appropriate by the labour inspector, mediation, and the Labour Tribunal. Strikes and lockouts require the prescribed preliminary procedure and, as a rule, advance notice of at least six working days. Employer changes, subcontracting, termination of employment, and staff reductions are subject to separate reviews. Staff reductions for operational reasons and mass dismissals may require the involvement or approval of the IGT and consultation with the delegation. If a delegate is dismissed or transferred in a way that causes the delegate to lose their status, the labour inspector’s prior approval is required. The actual burden consists of wages, statutory minimum benefits, 13 percent in employer CNSS contributions, occupational safety and medical services, documentation, and any sector-specific or collectively agreed costs. A uniform nationwide total cannot be stated reliably. Around 86 percent of jobs are in the informal sector, while approximately 5 percent of the population is covered by social security. Formal employer structures are therefore particularly relevant legally, while informal employer practices dominate numerically. Jurisdiction and access to IGT offices, CNSS centers, and labour tribunals also differ between provinces and locations.