DRC Law and Practice Contributed by: Aimery de Schoutheete, Serge Badibanga, Chloé Stassart and Trésor Badibake, Liedekerke
It is a common practice to include a non-compete clause in employment contracts of workers who could effectively compete with their former employers after the end of their employment contract. Generally, the provision of a penalty amount that does not exceed the equivalent of 50% of the remuneration corresponding to the non-compete period is recommended. 2.2 Non-Solicits Nothing is set out in the Congolese Labour Code regarding non-solicitation clauses. It is, however, advisable to include such a clause, usually applica - ble for a standard period of 12 months following the termination of the employment contract. The present authors’ firm has never come across such a clause, save under the more standard form of a non- compete clause. 3. Data Privacy 3.1 Data Privacy Law and Employment Generally speaking, privacy is mentioned in the Con - golese Constitution. Although not expressly stated, it may reasonably be assumed that this provision could be interpreted as applicable within the work sphere. In addition, there are a few scattered provisions relat - ing to privacy, such as the Ministerial Order of 8 Octo - ber 2015, which states: “The processing of personal data concerning jobseekers must be kept secret and respectful of privacy. Processing of personal data concerning jobseekers means the collection, stor - age, combination and communication of all informa - tion about them.” Since the adoption of an Ordinance-Law of 13 March 2023 establishing the Digital Code, a more structured legal framework has been put in place. This ordinance- law identifies, among other things, professional data (such as status, position held, employer, and remuner - ation) as personal data. Furthermore, it prohibits the processing of sensitive data, including those related to ethnic origin, political opinions, religious beliefs, sexu - al orientation, or health status. However, this prohibi - tion does not apply when the processing is necessary for the fulfilment of the employer’s specific rights and
obligations under labour law, thereby allowing certain justified exceptions in the professional context. In addition to these legal instruments, the interna - tional standards – such as the Organisation pour l’harmonisation en Afrique du droit des affaires (the Organisation for the Harmonisation of Corporate Law in Africa, or OHADA) rules and those of the Interna - tional Labour Organization – will apply.
4. Foreign Workers 4.1 Limitations on Foreign Workers
Generally speaking, the Congolese Labour Code sets out that it is prohibited for a foreign or a Congolese company to have more than 15% of its total workforce be foreign workers. Ministerial Decree No. 33/CAB. MIN.ET/EAN/JDO/8/2025 of 5 August 2025, which amends and supplements Ministerial Decree No. 121/ CAB.MIN.TPS/112/2005 of 26 October 2005, sets out the quotas for the employment of foreign work - ers. These quotas vary by sector and by employment category. They generally range between 2% and 6.5% of the total number of workers in each considered per - sonnel category (general classification of jobs, fore - men and managers) within the undertaking. The mining sector is a more regulated sector in this respect, with minimum quota of Congolese employ - ees being higher than in other sectors (up to 100% depending on the phases of the mining project and on the employees’ level of qualification). 4.2 Registration Requirements for Foreign Workers Foreigners willing to work in the DRC must be in the possession of a work permit, which will be delivered by the National Commission for the Employment of Foreigners.
5. New Work 5.1 Mobile Work
There are no regulations in the DRC on mobile working, known as teleworking. Companies are therefore free to grant and organise telework as they deem appro -
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