DRC Law and Practice Contributed by: Aimery de Schoutheete, Serge Badibanga, Chloé Stassart and Trésor Badibake, Liedekerke
6.2 Employee Representative Bodies Competencies of the Employees’ Representative Bodies Generally speaking, the scope of competence of the delegation extends to all working conditions in the undertaking. More specifically, the union delegation: • is consulted in respect of the work schedules, the general criteria for hiring, dismissing or transferring workers, the remuneration and the in-house work rules; • is informed by the employer at least every six months about the undertaking’s economic and social situation; • participates in the solving of disciplinary issues within the undertaking; • is allowed to propose any measure it considers necessary in the event of failure that could serious - ly disturb the functioning of the undertaking; and • is allowed to propose/take measures to ensure technical safety and hygiene in the workplace, and to safeguard the health of all persons in the under - taking or establishment. In addition, each delegate is individually competent to: • submit to the employer any individual complaint that has not been directly addressed concerning working conditions and the protection of work - ers, the application of collective agreements and professional classification; • ensure the application of the requirements relating to the health and safety of workers, and propose all appropriate measures in this regard; • be consulted in respect of discipline at work; and • transfer to the Labour Inspectorate any complaint or claim concerning the legal or regulatory require - ments for which the Inspectorate is in charge and that the union delegation has been unable to sort out. As to their role, the members of the trade union del - egation are supervised, trained and monitored in their trade union activities within the undertaking by their respective professional organisations.
priate. In practice, companies will include provisions regarding telework in their work rules and/or in the employment contracts. It may also be orally agreed upon between the employer and the employee. 5.2 Sabbaticals There are no regulations on sabbatical leave in the DRC. Sabbaticals are also very rare in practice. 5.3 Other New Manifestations There are no specific regulations with respect to new manifestations in the field of “new work” in the DRC. Workers and employers have the right to form unions whose sole purpose is the analysis, defence and development of their professional interests and the social, economic and moral progress of their mem - bers. The representation of workers in undertakings is ensured by an elected trade union delegation. Every worker or employer, without distinction of any kind, has the right to join or to leave a professional organisation of their choice. Workers enjoy an appro - priate protection against all acts of discrimination tending to prejudice their freedom of association. In this respect, it is prohibited for any employer to sub - ject an employment relationship to any limit based on an affiliation or non-affiliation to any professional organisation and to dismiss a worker or otherwise cause them harm because of their affiliation to a pro - fessional organisation and/or participation in trade union activities. Status of Unions As to formalities, trade unions must register with the Ministry of Labour and Social Security, and draft articles of association. The Congolese Labour Code states a specific procedure to be followed to set up trade unions. 6. Collective Relations 6.1 Unions Role of Unions Trade unions are considered legal entities. Registered trade unions may form a union, confederation or fed - eration.
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