DRC Law and Practice Contributed by: Serge Nawej Tshitembu, Xavier Huberland, Daniel Yamba and Katerina Papachristou, ProximA International
• more than 1,000 workers: 9 delegates plus 1 additional delegate for every 1,000 additional workers. Each elected delegate is accompanied by an alternate. Delegates represent only the workers of the establishment in which they were elected. A reduction in workforce during the term of office does not terminate the mandate, which contin - ues until its expiration. The employer is responsible for organising the elections. In the absence of action by the employer, the Labour Inspectorate may assume this responsibility. Eligible candidates for election as delegates must be at least 21 years old, have a minimum of six months’ seniority in the company (excep - tions apply) and be nominated by a recognised trade union organisation, without distinction of sex or nationality. Eligible voters include all adult workers of the establishment (and any affiliated entities) who have at least one month of service prior to the election date (provided that they are not under legal or disciplinary suspension of their employ - ment contract and they do not occupy executive management positions, such as general manag - ers, or heads of branches or subsidiaries). Per - sons who, within the past five years, have been convicted and sentenced to more than one year of penal servitude for a common-law offence are considered ineligible. The trade union delegation collectively plays a consultative, participatory and informational role regarding general working conditions. Its pow - ers include:
• consultation rights regarding working hours, general criteria for hiring, dismissal and trans - fer, salary and bonus structures, drafting or amending the internal company regulations; • participation rights in resolving issues related to workplace discipline and managing social welfare programmes and staff stores estab - lished by the employer; • the right to propose measures aimed at main - taining order and the smooth operation of the enterprise; • involvement in the development and imple - mentation of collective vocational training programmes and measures relating to occu - pational safety, hygiene and sanitation; • a right to be informed, at least twice per year, about the company’s economic and social situation and its overall productivity index, global profit and development prospects; and • the right to be received by the Labour Inspec - torate during any inspection visit to the enterprise. Outside of collective meetings, each delegate has the authority to: • present to the employer any unresolved individual complaints related to working conditions, professional classification or the application of collective agreements; • monitor and propose improvements concern - ing occupational health and safety; • ensure compliance with workplace discipline; and • refer complaints to the Labour Inspectorate regarding legal violations not resolved inter - nally. All delegates are bound by a strict duty of confi - dentiality concerning any sensitive or confiden - tial information obtained in the course of their duties.
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