DRC Law and Practice Contributed by: Aimery de Schoutheete, Serge Badibanga, Chloé Stassart and Trésor Badibake, Liedekerke
• three workers for an enterprise that employs no more than ten workers, four workers for an enter- prise that employs at most 20 workers; • ten workers for an enterprise that employs between 21 and 100 workers; • 30 workers for an enterprise that employs between 101 and 500 workers; • 50 workers for an enterprise that employs between 501 and 1,000 workers; • 100 workers for an enterprise that employs between 1,001 and 2,000 workers; • 200 workers for an enterprise that employs between 2,001 and 4,000 workers; • 250 workers for an enterprise that employs between 4,001 and 6,000 workers; and • 300 workers for an enterprise that employs more than 6,000 workers. To be valid, a collective dismissal needs to be justi - fied either by economic reasons or by the operational needs of the enterprise. A specific procedure must be followed: • seeking prior authorisation for the dismissal from the Minister of Labour and Social Welfare; • consulting the union delegation; and • following a hierarchy of dismissals where the redundancies are based on economic grounds. Specific obligations could also be imposed by a col - lective bargaining agreement concluded at a sectoral and/or the company level. 7.2 Notice Periods General Rules Regarding Notice Periods Notice cannot be given during the periods of suspen - sion of the employment contract, except in the fol - lowing cases: • sickness or accident, except in the case of an accident at work or occupational disease – the employer may terminate the employment contract after six uninterrupted months of inability, in which case, the employer must pay a termination indem - nity corresponding to the notice period due for the termination of open-ended employment contracts;
• exercise of public office or civic obligations – the employer may terminate the employment contract after 12 months’ suspension and pay the sever - ance indemnity provided for in the employment contract or in the collective bargaining agreement; • force majeure – either party may terminate the employment contract after a two-month suspen - sion without compensation; and • worker’s imprisonment – the employer may termi - nate the employment contract without compensa - tion after three months’ suspension or if the worker is subsequently sentenced to a penalty of penal servitude of more than two months. The termination of the employment contract must be notified in writing by the party taking the initiative to the other party. Where the termination takes place at the initiative of the employer, the letter of notification must expressly state the ground for the termination. Duration of the Notice Period The termination of the contract must be notified in writing by the party who takes the initiative to the other party. Unless the parties or the collective agreement stipu - late a longer period, the notice period is equal to 14 working days as from the day after the notification, where the notice is given by the employer to a per - sonnel member of the general classification of jobs. This period is increased by seven working days per full year of continuous service, counted from date to date. For foremen, the notice period is equal to one month, increased by nine working days per full year of continuous service, counted from date to date. For managers, the notice period is equal to three months, increased by 16 working days per full year of continu - ous service, counted from date to date. The notice period to be given by the worker is equal to half the notice period that the employer should have given if the employer had taken the initiative of termi - nation. It may in no case exceed this limit. Collective bargaining agreements concluded at sec - toral and/or the company level may provide for dif - ferent notice periods that are more favourable to the workers.
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