HR at a Glace in DR Congo

cameroon

Currency of Democratic Republic of the Congo

Congolese Franc (CDF)

The Capital of Democratic Republic of the Congo

Kinshasa

Time Zone in Democratic Republic of the Congo

GMT + 2

Important Facts About the Democratic Republic of the Congo

Employment Law Protections in Democratic Republic of the Congo

The Labor Code of the Democratic Republic of Congo (2002) serves as the primary legal framework governing employment relationships in the DRC. Additionally, there are other important rules and regulations that play a significant role, including:

  • Constitution of the DRC
  • Decree No 08/40 of 30 April 2008
  • Employee’s Compensation Act, No 23 of 1998
  • Institut National de Sécurité Sociale (INSS) (“Social Security Decree”)

Employment Contracts in Democratic Republic of the Congo

According to the Labor Code, an employment contract must be in writing. If the employment contract is not in writing, unless otherwise proven, it will be deemed to be for an indefinite period. Failure to mention whether the contract is for a fixed term or for a specific project will result in the contract being deemed to be for an indefinite period.

Before signing the contract, the employer must give the employee a copy of the draft contract and all necessary documents at least two working days in advance. If the employer refuses to fulfill this obligation, the employee can terminate the contract within 30 days of signing it without giving notice or paying compensation.

Fixed Term Contacts for DRC Employees

As per the Labor Code, any fixed-term employment contract must clearly indicate if it is for a specific period, project or temporary replacement of an employee. The Congolese labor law forbids hiring workers for permanent job roles on fixed-term contracts.

In general, a fixed-term employment contract typically has a maximum duration of 24 months. Nevertheless, this duration is reduced to 12 months in the following situations:

  • When the employee is married but living separately from their family.
  • When the employee is a widower, separated from their spouse or divorced and living apart from their children for whom they have custody.

A fixed-term employment contract may not be concluded with the same employer more than twice, nor may it be renewed more than once, except in the cases listed in the Ministerial Order n°063/CAB/PVPM/ETPS/2011.

If the employee continues working after the fixed-term contract expires, the contract will automatically convert into an open-ended contract.

Regulations and Rules Regarding Working Hours in Democratic Republic of the Congo

The legal working hours of employees may not exceed 45 hours per week and nine hours per day. They must be given a minimum of 48 hours of uninterrupted rest within a period of seven days, usually taking place on Saturdays and Sundays.

Salary Payment

Employers are responsible for paying their employees’ salaries in cash during working hours at the agreed time and place, and in legal tender. Monthly payments must be made no later than six days after the relevant period. It is the employer’s duty to pay the agreed salary regularly and punctually, with an interval not exceeding one month.

In the case of service termination, the worker must receive all unpaid wages no later than two working days after the termination date.

Providing any portion of the wages in non-monetary forms is prohibited.

Pre-Employment Checks

Pre-employment checks are not prohibited and most labor agents in the country do conduct pre-employment checks.

Post-Termination Restraints/Restrictive Covenants
Employment contracts can include non-competition covenants, as there is no law prohibiting them.
Parental & Maternity Leave

All female employees are eligible for 14 weeks of maternity leave, which is divided into two parts:

  • six weeks of leave before the baby is born
  • eight weeks after the baby is born

During maternity leave, the employee is entitled to receive two-thirds of their regular pay, while also maintaining any contractual benefits that were previously agreed upon.

Female employees have the right to take paid breaks for breastfeeding. During the period when a new mother is breastfeeding her child, she is legally entitled to two 30-minute breaks every day to allow her to nurse the child. These rest periods are paid by the employer as part of the employee’s working hours.

DRC's Guidelines Regarding Probation Period/Trial Period

According to the Labor Code, any employment contract may have a probation period. If there is a probation period, it must be in writing and it cannot be longer than six months, depending on the job duties of the employee. For a manual worker, the probation period cannot exceed one month.

Termination

If an employer wants to terminate an employee’s employment due to gross misconduct, they must inform the employee of their intention to terminate the contract within 15 days of discovering the misconduct.

If there is no gross misconduct, the employer must notify the employee of their intention to terminate the employment contract by following the notice period requirements.

According to the Labor Code, employers are allowed to lay off employees due to economic reasons or for structural purposes. However, they must first consult with their employees by sending them or their representatives a notice at least 15 days prior to taking any action.

Whenever an employment contract between an employer and employee is terminated, for any reason, the employer must provide the employee with a certificate. This certificate should state the duration and nature of the employee’s services, along with their start and end dates. Additionally, the certificate should detail any benefits due to the employee and include the registration number of the contract at the National Institute of Social Security.

Annual Leave

Employees are eligible for annual leave upon completing a year of continuous service. The amount of leave granted depends on the employee’s age. Those above 18 years of age earn one day of leave for each month of service, resulting in 12 days of leave for a year of employment. On the other hand, employees under 18 years old earn one and a half days of leave for each month worked, entitling them to 18 days of leave for the year. The number of leave days increases with one day with every five years that the employee has worked for the same employer.

Payment in lieu of the leave shall only take place in the event of termination. The payment of this indemnity must be made within two working days following the end of the contract.

Rules Regarding Visas and Foreign Workers in Cameroon

General Information

Visas

The DRC has a visa policy that varies depending on the nationality of the traveler. Some countries are visa-exempt and their citizens can enter the DRC without a visa for certain durations, typically ranging from 15 days to 90 days. However, many nationalities require a visa to enter the country.

The DRC offers visa durations spanning from seven days to six months. There are two main visa types available: the Single-Entry Visa and the Multiple Entries Visa. The Single-Entry Visa allows a traveler to enter the DRC once, while the Multiple Entries Visa permits multiple visits within the designated validity period.

Work Permits

The Democratic Republic of Congo (DRC) offers two primary types of work visas:

  • Standard work permit: This permit is intended for non-national employees who have signed contracts with companies registered in the country. The validity of the standard permit typically ranges from one to two years, depending on the terms of the employment contract.
  • Work-specific visa: Non-national employees planning a temporary stay in the DRC for specific work purposes can obtain this one-year visa. It is designed for short-term work engagements and is non-renewable.

Public Holidays Recognized by DRC in 2023

Occasion Date
1. New Year’s Day 01.Jan.2024
2. Martyrs’ Day 04.Jan.2024
3. Heroes’ Day (Laurent kabila) 16.Jan.2024
4. Heroes’ Day (Patrice Lumumba) 17.Jan.2024
5. Labor Day 01.May.2024
6. Liberation Day 17.May.2024
7. Independence Day 30.Jun.2024
8. Parents’ Day 01.Aug.2024
9. Christmas Day 25.Dec.2024