Employment 2025

DRC Law and Practice Contributed by: Aimery de Schoutheete, Serge Badibanga, Chloé Stassart and Trésor Badibake, Liedekerke

period of time. However, a Ministerial Decree that pre- dates the current Labour Code of 2002 and was con - firmed by a Ministerial Decree of 2011 requires that employment contracts be in writing. In any case, it is strongly recommended that fixed-term employment contracts be in writing in order to avoid any reclas - sification as open-ended (indefinite) agreements. When in writing, the employment contracts must • the employer’s identification number at the Nation - al Social Security Institute (INSS), now the National Social Security Fund (CNSS); • surname, given name, post-name(s) and gender of the worker; • the worker’s identification number at the CNSS and, where appropriate, the order number assigned by the employer; • the date of birth of the worker or, failing that, the presumed year thereof; • the worker’s place of birth and nationality; • the worker’s family situation; • surname, given name, or post-name(s) of the spouse; • surname, given name and date of birth of each dependent child; • the nature and modalities of the work to be per - formed; • the amount of the agreed remuneration and other benefits; • the work place; • the duration of the commitment; • the duration of the notice period (dismissal); • the entry into service date; • the place and date of conclusion of the contract; and • the ability to work duly certified by a doctor. The draft contract must be drawn up in French and submitted to the worker at least two working days before it is signed, together with all the essential docu - ments to which the draft contract refers. Signed cop - ies must be given to the employer, the worker and the authority empowered to endorse the contract. include at least the following: • the name of the employer;

The employer is required to submit the contract to the National Employment Office ( Office National de l’Emploi ) for approval within 15 days from the date of signature of the contract. Failure to do so entitles the worker to terminate the employment contract at any time, without having to comply with a notice period. The worker can also claim damages. In the event the National Employment Office refuses to approve the agreement, the latter ends automatically. 1.3 Working Hours Legal Working Time Limits Maximum legal working time may not in any case exceed 45 hours per week and eight hours per day. These hours do not include the time required for the worker to travel to or from the place of work, unless this time is inherent to the work. Possibility of Flexible Arrangements Flexible (mutual) arrangements regarding working time are admitted, provided, however, that any hour per - formed beyond the maximum working hours per day/ week will fall under the rules regarding overtime. Part-Time Contracts The Congolese Labour Code does not specifically address part-time contracts but there is, in this firm’s view, no legal restriction to the signing of a part-time contract. In this case, it is advisable to have a written contract. The general rules of the Congolese Labour Code will apply to part-time contracts. Overtime Hours worked in excess of the legal working hours will be considered overtime and the worker will then be entitled to overtime pay. The overtime pay amounts to a percentage of the cor - responding salary: • 30% for each of the first six hours worked in excess of the statutory weekly working time or the period considered equivalent; • 60% for each of the following hours; and • 100% for each hour of overtime performed on the weekly day of rest.

183 CHAMBERS.COM