DRC Law and Practice Contributed by: Aimery de Schoutheete, Serge Badibanga, Chloé Stassart and Trésor Badibake, Liedekerke
Institution of the Employees’ Representative Bodies The Congolese Labour Code provides that the rep - resentation of workers in undertakings or establish - ments of any kind is ensured by an elected delegation. The mandate of the delegates is for three years and is renewable. The latest elections took place in 2023. As to their institution, the minimum number of del - egates is fixed as follows: • from ten to fewer than 20 workers – one delegate; • from 20 to fewer than 100 workers – three del - egates; • from 100 to fewer than 500 workers – five del - egates; • from 500 to fewer than 1,000 workers – nine del - egates; and • more than 1,000 workers – nine delegates plus a further delegate per 1,000 additional workers. In undertakings in which there are fewer than ten workers, one of the workers may be appointed to represent the other workers. Election of delegates The members are elected. Any worker – without dis - tinction as to gender, marital status, nationality or age – may be elected provided that the worker meets the eligibility criteria (inter alia, being at the service of the employer for at least six months). Delegates are elected by the personnel of the employer (there are also some particular conditions). Elections are organised by the employer, which will first consult the trade union(s) represented in the establishment and the outgoing delegation, if any, on the elections and will take due account of any obser - vations made by them. The election date must be announced at least three weeks in advance and 15 days before the date of the poll; the employer must draw up and post a list of the workers who do not meet the voting conditions. Should the employer fail with respect to a procedural aspect, it is the Labour Inspectorate that will set the date and, if necessary, organise the elections.
The lists of candidates must be filed not later than six working days before the date fixed for the poll. The poll The poll will be composed of one or two rounds as the case may be: for the first round, only the trade union or unions legally registered and whose field of activity extends to the undertaking may present candidates. Each list must indicate the name of the organisation filing the list and bear the signatures of its qualified representatives. The poll is closed if the number of valid votes cast is greater than half of the number of registered voters. If not, the election is deemed null and void, and a second ballot is to be held. The second ballot For the second ballot, voters may, in conjunction with the trade union, propose new candidates. To be valid, a list filed by electors must bear the names and sig - natures of a number of electors at least equal to three times the number of delegates to be elected by the electoral college. The election process is closed after the second ballot, irrespective of the number of votes cast. 6.3 Collective Bargaining Agreements General Principles The collective bargaining agreement is a written agree - ment on the conditions and the employment relation - ship between one or more employers or one or more employers’ organisations and one or more workers’ organisations. It can be concluded either at a sector or at a company’s level. This agreement establishes the individual and collective relations between employers and workers within undertakings and settles the rights and duties of the contracting parties. In any company to which the collective bargaining agreement applies, the latter must be posted in the premises, in a place highly visible and easily accessible to workers. Collective bargaining agreements may mention provi - sions more favourable to workers than those of the applicable law but may not derogate from the man - datory legal provisions. The provisions of a collective agreement prevail over provisions set in individual employment contracts and the in-house work rules. To be valid, a collective bargaining agreement must include some mandatory provisions set out in the
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