DRC Law and Practice Contributed by: Serge Nawej Tshitembu, Xavier Huberland, Daniel Yamba and Katerina Papachristou, ProximA International
• collective bargaining agreements (CBAs) negotiated at the sectoral or company level, which set out additional rights and obligations specific to certain industries or employers, provided that they do not contradict statutory provisions; • individual employment contracts, which define the specific terms and conditions agreed upon between employer and employ - ee, within the limits set by the Labour Code and CBAs; and • case law, which, although not a primary source of law, provides interpretative guid - ance on the application of legal provisions in practice. While the Labour Code allows for a degree of contractual flexibility, particularly regarding remuneration structures and certain working conditions, it also imposes mandatory require - ments aimed at protecting both employers and employees, such as minimum wage standards, limitations on fixed-term contracts and detailed dismissal procedures. 4.2 Characteristics of Employment Contracts Under Congolese labour law, an employment contract must be in writing, drafted in the form agreed by the parties, in French, and contain the mandatory information prescribed by the Labour Code. Non-written contracts are deemed open- ended contracts. It is therefore advisable to have a written contract, to ensure clarity, compliance and enforceability. Open-ended contracts are the default form of employment in the DRC unless otherwise speci - fied. They are used when the worker is hired to occupy a permanent position (meaning one that meets the normal, usual and permanent activi - ties and needs of the business, as opposed to a
temporary position, created to meet a seasonal need or limited to a specific work or project and thus on a temporary basis) in the company or establishment. Fixed-term contacts are concluded either for a specific time or for a specific work, or to replace an employee who is temporarily unavailable. A fixed-term contract may not exceed two years (or one year in specific cases). Furthermore, no worker may enter into more than two fixed-term contracts with the same employer or company, nor may a fixed-term contract be renewed more than once, under penalty of being deemed an open-ended contract (exceptions apply in the case of seasonal work, well-defined works and other work determined by Ministerial Order). Employment contracts typically specify the full identity of the parties, the job title and duties, the place of work, the working hours and schedule, remuneration details and any agreed additional benefits, the duration of the contract, any proba - tion period, the notice periods for termination, and the employee’s family status. 4.3 Working Time The Labour Code imposes strict limitations on working hours, with specific protections for vul - nerable categories, and prescribes mandatory overtime and night work compensation to pro - tect employees’ rights and welfare. The Labour Code establishes standard working time rules that apply uniformly across all private establishments, without distinction based on gender or the nature of the employment con - tract. The standard working time may not exceed 45 hours per week, or eight hours per day, regard - less of whether the work is manual, intellectual
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