Democratic Republic of Congo

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Country Snapshot

The GPS Country Snapshot includes 25 sections of information about labor law compliance in Democratic Republic of Congo. See a sample of popular sections below.

Termination of Employment

According to the Labor Code in the Democratic Republic of Congo (DRC), both the employer and the employee must give notice of dismissal before terminating an indefinite contract of employment, as follows:

  • If notice is given by the employer, the minimum period is 14 days, and it increases by 7 days for each year of service.
  • If notice is given by the employee, the required notice period is equal to half of the period the employer should give in that situation.

During the notice period, employees are entitled to 1 paid day of leave per week to look for a new job. In case employees find another job, they may leave their current position before the end of the notice period, if both parties agree.

Work Permits

Foreign nationals looking to work in the Democratic Republic of Congo (DRC) may apply for two types of work visas:

  • Specific work establishment visa – not renewable and may not exceed 1 year
  • Work establishment visa – valid between 1 and 2 years depending on the nature of the foreigner's work card

 

In order to receive either visa, the foreign worker's employer must apply for and receive a work card (carte du travail) from its regional Congolese employment office. The foreign worker's employment contract must also be submitted and approved by the government employment office. The employees are required to submit a service certificate and provide proof of their qualifications.

The National Commission for the Employment of Foreigners in the DRC is responsible for ruling on the issue of work cards for foreign nationals and deciding on the renewal of work cards.

Paid Annual Leave

According to the Labor Code of the Democratic Republic of Congo, female employees are entitled to 14 consecutive weeks of paid maternity leave that can be split into a maximum of 6 weeks before childbirth and 8 weeks after. An employer cannot dismiss an employee during maternity leave.

The Labor Code does not provide for an extension of maternity leave due to complications. However, the right to compensation and benefits does not change, whether the child lives or not.

During maternity leave, female employees are entitled to:

  • Two-thirds of the normal remuneration they should have received had they not been on maternity leave.
  • The same benefits in kind they received before maternity leave

Working Hours

In all public or private organizations (including educational or charitable organizations) the legal working hours of employees, whatever the form of work performed, cannot exceed 45 hours per week or 8 hours per day. Working hours are calculated from the moment when the employee is at the workplace at the employer's disposal, until the moment when the services cease, in accordance with the schedules set by the employer and reproduced in the regulations of the organization. Working hours do not include the time necessary for the employee to get to or from the workplace unless this time is inherent in the work. Unfortunately, the Labor Code does not further define what it means for commuting time to be "inherent in the work."

Hours worked beyond the legal working time are considered overtime and give rise to an increase in pay.

Maternity Leave

According to the Labor Code of the Democratic Republic of Congo, female employees are entitled to 14 consecutive weeks of paid maternity leave that can be split into a maximum of 6 weeks before childbirth and 8 weeks after. An employer cannot dismiss an employee during maternity leave.

The Labor Code does not provide for an extension of maternity leave due to complications. However, the right to compensation and benefits does not change, whether the child lives or not.

During maternity leave, female employees are entitled to:

  • Two-thirds of the normal remuneration they should have received had they not been on maternity leave.
  • The same benefits in kind they received before maternity leave

Minimum Wage

The minimum wage in the DRC was last revised in 2019 and set to CDF 7,075 (Congolese francs) per day. 

Country Profile

The GPS Country Profile contains detailed information on over 60 topics related to labor law compliance within Democratic Republic of Congo.
  • Type of Employment Relationship
  • Permanent Employment
  • Fixed-Term or Specific-Purpose Contracts
  • Temporary Employment Contracts
  • Part-time Employment
  • Young Worker Employment
  • Vendors and Independent Contractors
  • Types of Contracts
  • Probationary Period
  • Termination of the Contract of Employment
  • Grounds for Termination
  • Notice of Dismissal
  • Fair Dismissal
  • Redundancy
  • Unfair Dismissal
  • Suspension of Contract of Employment
  • Severance Benefits
  • Hours of Work
  • Work Week and Timekeeping
  • Night Work and Shift Work
  • Overtime
  • Remote Work
  • Required Time Off
  • Public Holidays
  • Annual Leave
  • Sick Leave
  • Maternity
  • Other Forms of Leave
  • Social Insurance and Retirement
  • Social Security Contribution
  • National Retirement Scheme
  • Dependents’/Survivors Benefit
  • Life and Disability Insurance/Benefit
  • Statutory Allowances
  • Compensation and Benefits
  • Minimum Wage (Basic Wage)
  • Bonuses, Profit Sharing and Other Compensation
  • Medical Insurance
  • Work Environment
  • Workplace Safety and Health
  • Prohibition of Discrimination
  • Prohibition of Harassment
  • Data Protection and Privacy
  • Whistleblowers and Retaliation
  • Workers’ representation in the organization
  • Freedom of Association
  • Registration and Recognition of Unions
  • Trade Union Personality
  • Collective Bargaining and Agreements
  • Disputes and Settlements
  • Strikes and Lockouts
  • Unfair Labor Practices
  • Taxation of Compensation and Benefits
  • Income Tax
  • Taxation of Employee Benefits
  • Tax Filing and Payment Procedures
  • Double Tax Relief and Tax Treaties
  • Visas and Work Permits
  • Visas
  • Work Permits and Residence Permits

 Country Snapshot

Get the full Country Snapshot with 25 sections of information about labor law in Democratic Republic of Congo.