Labor law in Congo

The Labour Code applies to private, public, parastatal and public enterprises, including public agents employed under contract. It generally applies regardless of nationality, sex, religion, political opinion, origin, pay or the place where the contract was signed when the work is performed in the Democratic Republic of the Congo. Magistrates, career civil servants governed by general or special statutes, the armed forces, the national police, the national service, sailors and boat workers may fall under separate rules. The Ministry of Employment and Labour sets standards and grants approvals. The General Labour Inspectorate and provincial or local Labour Inspectorates monitor compliance, advise employers and workers, record violations and can order immediately enforceable measures where a serious and immediate danger exists. The National Employment Office, known as ONEM, supports employment-market services and placement. The National Social Security Fund, known as CNSS, administers social-security protection, while the Labour Court handles disputes after the required preliminary procedures. Provincial and local differences mainly concern the responsible inspection office and practical implementation, not the national framework of rights. A standard employment contract requires the worker to be at least 18 years old. A written contract should identify the employer and CNSS details, the worker, the job, pay, workplace, duration, notice period, start date and medical fitness. An indefinite contract applies to a permanent position. A fixed-term contract is limited to a defined period, task or replacement and normally may not exceed two years, or one year in certain family-separation situations. The Code generally limits the use of fixed-term contracts to two contracts and one renewal, subject to exceptions for seasonal or project work and applicable ministerial rules. A written probationary period may last up to one month for unskilled work and six months for other work. The employer must report hiring and departure within 48 hours to the Labour Inspectorate and ONEM and must register the worker with CNSS within 15 working days. Normal working time may not exceed 45 hours per week or eight hours per day. Overtime attracts an additional payment. Workers receive at least 24 consecutive hours of rest in each seven-day period, preferably on Sunday. After one year of service, annual leave is at least one working day per month for workers over 18 and one and a half working days per month for workers under 18, with one additional day for every five years of service. A worker cannot waive this leave, although up to half of it may be carried over for two years. Public holidays follow the applicable statutory list, including Ordinance No. 23-042/2023. Equal pay applies to equal work performed with equivalent qualifications and performance. Pay is made in Congolese francs and may be set individually or collectively, but it may not fall below the applicable minimum wage. For an ordinary unskilled worker, the SMIG is 14,500 CDF per day from wages paid in May 2025 and 21,500 CDF per day from January 2026. Family allowances equal 1/27 of the SMIG per child, and the housing equivalent equals one fifth of the daily family-allowance amount. Employers contribute 0.5% of monthly remuneration to ONEM, declare the amount by the tenth day of the following month and pay it by the fifteenth. CNSS protection covers formal workers and certain atypical categories, including daily, occasional, home and domestic workers. Its branches include pensions, occupational risks and family benefits. Pension contributions total 10%, divided equally between employer and worker. Employers also pay 1.5% for occupational risks and 6.5% for family benefits. The ordinary pension age is 60 after at least 180 months of insurance. Voluntary early retirement may begin at 55 after 180 months, with a five-percent reduction for each year of early retirement. Employers must report an occupational accident within 60 days and an occupational disease within 120 days. Employers must provide safe and hygienic working conditions, occupational health measures, medical services and safety or hygiene representation. Sexual and moral harassment are prohibited. Pregnancy or maternity cannot justify discrimination or dismissal. Maternity leave lasts 14 weeks, normally six weeks before and eight weeks after birth, and may be extended by up to 21 days when a related illness occurs. The Labour Code provides two thirds of remuneration and benefits during the protected period, while a CNSS daily allowance may apply when the worker meets the contribution and service conditions, including at least 12 months of service and an actual interruption of work. Employment or apprenticeship may generally begin at 15, but workers under 18 are protected from dangerous work, night work, Sunday work and prohibited tasks. Light and healthy work is subject to special conditions, and child labour in artisanal mining, including cobalt-related informal work, remains a high-risk practical issue. Trade unions register with the Ministry. A delegation syndicale is elected through a secret list-based ballot for a renewable three-year mandate. Its members receive 15 paid hours per month for representation and must be consulted on working schedules, hiring, dismissal, transfers, remuneration, workplace rules and safety. A union delegate or substitute may be dismissed or transferred only with prior approval from the Labour Inspectorate, which normally decides within one month. Collective bargaining may produce a convention collective. Strikes and lock-outs require the prescribed dispute procedure, and retaliation or threats against workers are prohibited. An employer may terminate an indefinite contract for a valid reason connected with aptitude or conduct, subject to the required hearing and written explanation. The written notice must state the reason. The parties may also end the contract by mutual agreement under Article 61 bis. Written dismissal follows Article 61 ter; where an obstruction-related act is involved, the notification must be made within eight days. Employer notice for categories 1 to 5 is at least 14 days plus seven days for each completed year of service. For agents de maîtrise it is at least one month plus nine days per completed year, and for cadres it is at least three months plus 16 days per completed year. A worker normally receives half the employer's notice period. Failure to provide notice can require payment of the remuneration and benefits covering the remaining period. An unjustified dismissal may lead to reinstatement or court-assessed damages of up to 36 months of salary. The Code does not provide a general statutory severance or redundancy payment. Economic dismissals require additional safeguards. Worker representatives must receive written notice at least 15 days in advance. Mass-dismissal thresholds vary with the size of the establishment, with thresholds of 3, 4, 10, 30, 50, 100, 200, 250 or 300 workers. The Ministry must authorize a mass dismissal, while other economic dismissals require the applicable approval or review by the Labour Inspectorate. An individual employment dispute must first go through conciliation before the Labour Inspectorate. The invitation should be issued within 15 days with at least three days of advance notice. The Inspectorate records either a settlement or a failure of conciliation. A court claim must normally be filed within 12 months after the worker receives the non-conciliation record. Collective disputes begin with inspection conciliation and may proceed to mediation by the Ministry or a Governor's commission before reaching the Labour Court. A collective claim must generally be filed within ten working days after the strike or lock-out notice period expires. Because formal enforcement is weaker and practice is often informal, workers and employers should preserve the written contract, pay records, CNSS registration, inspection documents and conciliation record.