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What are the documents required for employee onboarding? FAQ DRC
Employee’s birth certificate; CNSS social security number; National identity card; Marriage certificate if applicable; National identity card of the employee’s spouse; Birth certificate of employee’s child/children; Bank account statement (RIB) dated less than 3 months old; Passport size photographs of the employee, spouse and employee’s child/children (for health insurance coverage); Certificate of termination of contract with previous employer.
FAQ DRC
What is the notice period as per the law?
The employee’s notice period is equal to half the notice period that if the employer had taken the initiative to termination. Under no circumstances may it exceed this limit.
14 days for Employees or Laborer’s
1 month for Supervisory Positions
3 months for Management Positions
A fixed-term contract may not be terminated before its end date
Any employment contract may be terminated immediately without notice for gross negligence.
What is the probation period as per the law? FAQ DRC
1 month for Unskilled Workers
6 months for other workers
What is the statutory provision regarding overtime?
30% for the first six hours worked in excess of the normal working hours.
60% for each of the following hours
100% for each hour worked on days off
What are the Statutory Working hours?
In accordance with the labour rules and regulation in force, the statutory hours of work shall be of forty (40) hours per week.
What are the Statutory Holidays for 2024
https://publicholidays.africa/democratic-republic-of-the-congo/2024-dates/
Is there a statutory minimum contract term for fixed term contract?
N/A
Is there a statutory minimum contract term for open-ended/permanent contract?
NO FAQ DRC
Is there a statutory maximum contract term for a fixed term contract? If yes, what is the duration?
Yes, 2 Years Maximum
Is there a statutory maximum contract term for open-ended/permanent contracts?
No
What is the annual leave as per the law?
Eighteen (18) Days
What is the sick leave provision as per the law? FAQ DRC
6 months
What is the maternity leave as per the law? FAQ DRC
6 weeks before delivery and 8 weeks after delivery
Is there a provision for paternity leave? If yes, what is the paternity leave per law?
Yes, Two (2) Days
Any other special leave? FAQ DRC
Employee’s Marriage (2 days)
Death of Spouse, or of a relative, First-degree relative (4 days)
Marriage of a Child (1 day)
Death of a Parent or Second-degree relative (2 days)
Do you offer private health, life insurance and pension? If yes, please indicate which one you offer?
Yes, We offer both.
Are health insurance and pension mandatory as per the law? FAQ DRC
The health insurance is mandatory
Is severance payment mandatory? If yes, what is the process? FAQ DRC
Yes. The employee may claim damages in the event of dismissal without just cause. The amount of these damages may not exceed 36 months of his last salary. The employee and employer can sign an agreement.
Is gratuity applicable and mandatory?
N/A
What is the statutory process for redundancy? FAQ DRC
The employer must inform the workers’ representatives in writing at least fifteen days in advance, of the measures he intends to take.
Is 13th month salary/bonus mandatory? FAQ DRC
Not statutory, but customary
Are bonuses taxed? If yes, please indicate the type of bonuses that are taxed
Yes, All bonuses are fully taxed
What is the process for employee’s offboarding via termination?
An employer who, except in the case of gross negligence on the part of the employee, has terminated an open-ended contract by dispensing with the notice period, is obliged to provide health care until the date on which the contract at which the contract would normally have terminated if the notice period had been respected.
What is the process for employee’s offboarding via resignation?
The employee sends a resignation letter, respecting the notice period