Employer in the Republic of the Congo

The concept of employer covers private and public enterprises as well as natural persons with at least one employee; permanent positions in the public administration are not included. The central legal basis is the Labour Code (Code du travail) under Loi n°45-75, as amended by Loi n°6-96. Depending on the matter, the responsible authorities include the Ministry of the Public Service, Labour and Social Security (Ministère de la Fonction Publique, du Travail et de la Sécurité Sociale), the Labour and Social Laws Inspectorate (Inspection du Travail et des Lois Sociales), the Labour Control Office (Bureau de Contrôle du Travail), the General Directorate of Labour (Direction Générale du Travail), the National Social Security Fund (CNSS), the universal health insurance fund (CAMU), the employment agency (ACPE) and the Labour Court (Tribunal du Travail). Before opening, the employer must register the enterprise with the Labour Inspectorate or the Labour Control Office. The same procedure applies to an activity that has not previously been registered and to closure, relocation, alteration or reopening. The employer register (registre d’employeur) is kept continuously at the place of business and contains information on persons and contracts, work, wages and leave, as well as visas, warnings and inspection notes. Entries must be retained for five years from the date of the last entry. Every six months, workforce information must be submitted to the Placement Office (Bureau de Placement). Employment relationships may be organised as an indefinite-term employment contract (CDI), a fixed-term employment contract (CDD), an apprenticeship contract or through a collective agreement (collective convention). A fixed-term contract must be concluded in writing and may last no more than two years. If the employer continues the employment after the term ends, an indefinite-term employment relationship arises. For temporary agency work, the agency requires a written contract with a maximum term of 24 months. The user employer is responsible for the conditions under which the work is performed and for personal protective equipment; temporary agency workers count towards the workforce total. The internal regulations (règlement intérieur) may regulate only the technical organisation of work, discipline, hygiene and safety. The employer prepares the draft and submits it before it enters into force to the trade union office, if one exists, and to the Labour Inspectorate. The Inspector may remove or amend unlawful provisions. Employers may not impose fines. The nationwide statutory minimum wage (SMIG) has been 70,400 FCFA per month in all sectors since 1 January 2025. The employer must pay wages in legal tender no later than eight days after the end of the month. For non-agricultural activities, the statutory maximum working time is 40 hours per week; overtime triggers a premium. Night work between 20:00 and 05:00 may last no more than eight continuous hours. Paid leave amounts to at least 26 working days per year. In the event of a work-related relocation, the employer must provide accommodation or pay compensation and organise the necessary travel between the recruitment location and the place of work. For social protection, the employer must register with the CNSS, register employees and submit nominative payroll and contribution data through the nominative electronic declaration system (eDéclaration). The CNSS covers, among other things, family benefits, maternity, pensions, occupational accidents and occupational diseases. Registration with CAMU must take place within 90 days after the opening of the enterprise. Required information includes, among other things, the enterprise name, activity, representative, NIU, RCCM, registered office, legal form and bank details, together with an RCCM extract, a copy of the NIU and bank confirmation. Registration and contribution-payment documents must be available for inspections. The published reference rates for 2025 are an employer contribution of 20.28 percent and an employee contribution of 4.55 percent for the CNSS, and an employer contribution of 4.55 percent and an employee contribution of 2.27 percent for CAMU; the current calculation must be reconciled with the CNSS and CAMU. Individual employers and employers with informally employed workers must also join the social security fund and the ACPE under the rules for 2025 and 2026. For the first 25,000 declaring employers, the state regulation provides for a full exemption from personal income tax (IRPP) and a half exemption from employer contributions, provided the respective conditions are met. Company management must include safety and working conditions in operational and financial planning. This includes suitable locations, facilities, work equipment, the work environment and work organisation. An instruction on the risks of the relevant workplace must be visibly posted and explained upon hiring. For the establishment or redesign of an enterprise, workshop, construction site, warehouse or production facility, a technical assessment by the Inspector is required in advance. Occupational accidents and diseases must be reported within 48 hours to the competent CNSS; a copy must be sent to the Labour Inspectorate. In dangerous conditions, the Inspector may issue a formal compliance notice (mise en demeure). The standard period is at least four clear days, except in cases of imminent danger. The employer may appeal to the Minister within eight days; the appeal has suspensive effect. From seven employees per enterprise or establishment, employee delegates (délégués du personnel) must be established. The employer organises the election, which must provide for at least two electoral colleges: workers and employees, and engineers and managerial staff. The election record must be sent to the Inspector within four days. Delegates receive 20 paid hours per month and represent individual and collective complaints and questions concerning wages, classification, collective agreements, hygiene, safety and social protection. From 30 employees, a trade union section of a representative union with one delegate may exist; from 50 employees, the employer must provide a shared room. Trade union membership may not be taken into account in hiring, assignment, training, promotion, pay, discipline or dismissal. Special dismissal-protection rules apply to delegates and trade union representatives. Dismissing a delegate generally requires proceedings before the Labour Disputes Commission (Commission des litiges) or the Inspector; in the event of abusive dismissal, reinstatement or at least twelve months of basic wages may follow. In an individual dispute, the employer or employee may first voluntarily use conciliation at the Labour Inspectorate. The summons interrupts running time limits, and a settlement is enforceable. If conciliation fails, the Labour Court decides; the proceedings are free of charge and also begin with an attempt at conciliation. Collective demands are first submitted to the employer in a statement of grievances (cahier de revendications). Negotiations must begin no later than seven days later. If they fail, conciliation by the Inspector follows; a further Recommendation Commission (Commission de Recommandation) and tripartite social dialogue may be added. If the employer refuses to negotiate, employees may strike directly under the statutory conditions. Termination of an indefinite-term contract must be in writing, state an express reason and comply with the notice period. In the event of an economic downturn or reorganisation, the employer must consult the employee delegates in writing and with complete documentation. Selection takes account of qualifications, seniority (Ancienneté) and family responsibilities. Economic or structural dismissals require approval from the Labour Disputes Commission; affected employees have priority for rehiring in the same category for one year. Special rules apply to insolvency, liquidation and the end of seasonal or construction work. A closure must be reported to the Labour Inspectorate in advance. The retirement age depends on the category: 60 years for manual workers (manœuvres), workers (ouvriers) and comparable employees, 63 years for supervisors (agents de maîtrise), 65 years for executives (cadres) and 70 years for executives outside the category (cadres hors catégorie). Where the required insurance period has been completed, the lower age limits are 57, 60, 63 and 65 years. An extension of no more than two years is possible at the employer’s request and with the employee’s consent; ministerial approval must be issued within three months, after which it is deemed legally granted. No uniform, reliable fee for initial registration with the Labour Inspectorate or CAMU has been established and it should be requested from the competent authority.