DRC Law and Practice Contributed by: Aimery de Schoutheete, Serge Badibanga, Chloé Stassart and Trésor Badibake, Liedekerke
1.4 Compensation Minimum Wage Requirements
and mandates a tripartite commission (government, employers, and workers) to review and recommend updates annually, based on national price surveys and wage levels. Thus, even though the Labour Code remains silent on salary increase, governmental intervention in this
The government of the Democratic Republic of the Congo set, by Decree No 25/22 of 30 May 2025, the new Guaranteed Interprofessional Minimum Wage (SMIG) at CDF21,500 (USD7.45) per day for unskilled labourers. A transitional phase provides for a rate of CDF14,500 (USD5) per day starting in May 2025, before full imple - mentation in January 2026. This Decree repeals all provisions of the 2018 decree, which had set the SMIG at CDF7,075 (USD2.45) per day for the same category of workers. This new SMIG came into effect immediately upon its signing on 30 May 2025. The tension salariale (ratio) between the ordinary labourer wage and the middle management wage is 1:10. Thirteenth Month and Variable Remuneration The Congolese Labour Code does not include any provisions regarding the thirteenth month, nor any specific provision regarding bonuses. Collective bar - gaining agreements concluded at the company level or the sectoral level may include specific provisions regarding variable remuneration. In addition, the par - ties to an employment contract may always negotiate their working conditions and the employer may always grant a thirteenth month and/or bonuses, having in mind that workers belonging to the same category of employment should receive the same benefits in order to avoid discrimination issues. Government Intervention in Salary Increase Decree No 79-2002 of 3 July 2002 establishes the legal framework for the determination and adjustment of the SMIG, minimum family allowances, and housing cost equivalents. This Decree outlines social and economic criteria for setting the minimum wage, such as cost of liv - ing, essential worker needs, inflation (consumer price index), and employer payment capacity. It also provides a mechanism for periodic adjustments of the SMIG, particularly when inflation exceeds 50%,
respect is structured by this Decree. 1.5 Other Employment Terms Vacation
Under Congolese law, the employer has the obligation to grant vacation and vacation pay to the workers. The right to vacation pay arises at the end of each year of service counted from date to date. The worker cannot renounce their vacation rights. The vacation period must be fixed by mutual agree - ment at a convenient moment for both parties and fall no later than six months after the right arose. The duration of the vacation period varies in accordance with the age of the workers. For workers aged 18 and over, the vacation period must at least be equal to one working day per full month of service. For work - ers below the age of 18, the period is at least equal to one and a half working days per full month of service. These durations are increased by one working day for every five years of occupation with the same or a substituted employer. Vacation pay is equal to the corresponding remunera - tion, all benefits included, as on the day on which they Maternity leave under Congolese law consists of a suspension of the employment contract during 14 consecutive weeks, of which a maximum of eight weeks can be after the delivery and six before it. Dur - ing this period, the mother is entitled to two thirds of her pay (benefits included). The employer may not terminate the employment contract during this period. While a mother is breastfeeding her child, she is entitled to two half-hour rests a day to allow her to breastfeed. These rest periods shall be remunerated as working time. leave for holiday. Required Leaves Maternity leave
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