DRC Law and Practice Contributed by: Aimery de Schoutheete, Serge Badibanga, Chloé Stassart and Trésor Badibake, Liedekerke
Incapacity to work Where the worker is unable to provide their services as a result of sickness or accident, they are entitled to two thirds of their remuneration (benefits includ - ed) and to the full family allowances, throughout the period of suspension of the contract, which must not exceed six consecutive months. Occasional Leave The Congolese Labour Code provides for the follow - ing occasional leave: • worker’s wedding – two working days; • delivery of the wife – two working days; • death of spouse or of a first-degree relative – four working days; • child’s wedding – one working day; and • death of a relative – two working days. These days are not deductible from the legal minimum vacation and cannot be split. The employer must only pay for occasional leave up to a maximum of 15 work - ing days per year. Confidentiality and Non-Disparagement Except for the general prohibition of disclosure of trade or business secrets, nothing is provided in respect of limitations on confidentiality or non-dis - paragement agreements under the Congolese Labour Code. Employers are therefore free to include such clauses in the employment contracts or settlement agreements, although it is not very frequent in prac - tice. There is, however, a confidentiality obligation for workers’ representatives who gain knowledge of con - fidential information in the course of their duties. Employees’ Liability The Congolese Labour Code specifies three situa - tions in which a worker can be held liable, entitling the employer to claim compensation. The first situ - ation relates to the damage caused to the employ - er’s goods and the equipment made available to the worker (although the worker cannot be held respon - sible for normal wear and tear on the equipment). The employer may also claim financial compensation for damage resulting from a worker’s disclosure of the company’s trade or business secrets, or from an act of unfair competition. Finally, the worker can be held lia -
ble in the case of termination due to a serious breach by the worker: the employer may claim compensation from the worker for the damage directly caused by the worker’s gross negligence. Disciplinary sanctions can also be imposed on work - ers, depending on the seriousness of the fault com - mitted whilst performing the contract: • blame; • reprimand; • lay-off, with a maximum of two times 15 days a year, where such a measure is provided for either in the employment contract, a collective bargaining agreement or the company work rules; • dismissal with notice; or • dismissal for a serious cause. 2. Restrictive Covenants 2.1 Non-Competes Congolese law prohibits non-compete clauses, except under the following strict cumulative conditions: • the contract is terminated by the employer for serious cause attributed to the worker, or by the worker without serious cause attributable to the employer; • the worker has such knowledge of their employer’s clientele or business secrets that they could cause serious harm to their former employer; • the prohibition must relate to the type of activities carried out by the worker at the employer’s prem - ises; and • the duration of the clause may not exceed one year. The non-compete clause may provide for a contrac - tual penalty to be imposed on the worker who violates the clause. The Congolese Labour Code does not provide for a maximum amount. It merely states that, at the request of the worker, the competent court may reduce the penalty to a reasonable amount, should it be consid - ered excessive.
185 CHAMBERS.COM
Powered by FlippingBook