DRC Law and Practice Contributed by: Aimery de Schoutheete, Serge Badibanga, Chloé Stassart and Trésor Badibake, Liedekerke
Liedekerke Immeuble TILAPIA, 3ème étage Avenue Batetela No 70 Commune de la Gombe Kinshasa DRC Tel: +243 900 888 888 Email: s.badibanga@liedekerke.com Web: www.liedekerke.com
1. Employment Terms 1.1 Employee Status
1.2 Employment Contracts Types of Employment Contracts
Under Congolese law, a fixed-term employment con - tract is a contract entered into in the following cases: for a fixed period, for a specific job or to replace a worker who is temporarily unavailable. Where the con - tract does not fit into one of these categories, it quali - fies as an open-ended employment contract. Generally speaking, as regards working conditions, workers employed under a fixed-term contract may not be treated less favourably than comparable per - manent workers solely on the ground that they are hired for a fixed period (or a specific task, or in order to replace a temporarily unavailable worker), unless difference in treatment is justified by objective rea - sons. Where justified, their rights may be determined in proportion to the duration of the contract. Specific rules apply to fixed-term contracts (eg, suc - cession of fixed-term contracts). Specific rules also apply to what is called “daily labour” under Congo - lese law; that is, contracts concluded on a day-by-day basis. Where such contracts are concluded for more than 22 days of work within a period of two months, the worker will be deemed to have been hired for an Congolese employment law is somewhat ambiguous as to whether there is a requirement to have contracts in writing. It seems that the legislature has left room for oral contracts since the current Labour Code (2002) mentions that a contract that is not in writing will be deemed to have been concluded for an indefinite indefinite term. Requirements
The status of white-collar or blue-collar workers, whilst often differentiated in other countries, does not exist as such under Congolese law. In fact, the Congolese Labour Code refers, from time to time, to white-collar or blue-collar workers but does not make any dis - tinction in the applicable rules. This means that the same rules will apply to all workers of an undertaking, regardless of whether the activity they perform is more manual (“blue-collar”) or intellectual (“white-collar”). Congolese law contemplates only one kind of employ - ment status – that of “worker”. The terms “white-collar worker” and “blue-collar worker” have no legal defini - tion. Despite the fact that Congolese law does not distin - guish between white-collar workers and blue-collar workers, it nevertheless makes a distinction between seven categories of workers: • ordinary labourer; • skilled worker; • semi-qualified worker; • qualified worker; • highly qualified worker; • foreman; and • middle management. These seven categories entail the application of some specific rules, mostly with regard to salary scales.
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