DRC Law and Practice Contributed by: Aimery de Schoutheete, Serge Badibanga, Chloé Stassart and Trésor Badibake, Liedekerke
Parties’ Obligations During the Notice Period During the notice period, the employer and the worker remain bound by all their contractual obligations. Dur - ing the same period, the worker is entitled to one paid day off per week in order to find a new position. Indemnity in Lieu of Notice Termination of an open-ended contract without notice or without full observance of the notice period will entail the payment of an indemnity in lieu of notice, corresponding to the remuneration and benefits in kind that the worker would have received during the (part of the) notice period that was not granted. Specific Procedure in Dismissals for Economic Grounds or for a Reason Linked to the Conduct or Ability of the Worker There is a specific procedure to follow in the case of a dismissal based on economic grounds. The employ - er must inform the workers’ representatives and the Labour Inspectorate, which will verify the grounds for dismissal and compliance with the mandatory pro - cedure. Such a dismissal must be authorised by the Minister of Labour. For a dismissal based on the conduct or on the ability of the worker, it is imperative that the latter must be allowed to defend themselves against the reproaches made before any decision is taken. Specific Procedure in Dismissals of a Workers’ Representative The dismissal of a workers’ representative must be pre-approved by the Labour Inspectorate (see 7.5 A party is deemed to have committed serious mis - conduct when the rules of good faith do not allow it to require the other party to continue to perform the contract. The employer commits serious misconduct when they seriously breach the obligations of the contract, in particular in the following cases: Protected Categories of Employee ). 7.3 Dismissal for (Serious) Cause General Principles
• they are guilty of an act of dishonesty, sexual or moral harassment, intimidation, assault, serious insult or tolerate similar acts by other workers; • they intentionally cause the worker material dam - age during or in connection with the performance of the contract; • the safety or health of the worker is exposed to serious dangers or when the employers’ morality is at risk; • they unduly apply reductions or withholdings to the worker’s remuneration; or • they persist in not applying the legal or regulatory provisions in force. The worker commits serious misconduct when they seriously breach the obligations of the contract, and in particular when they: • are guilty of an act of improbity, sexual or mental harassment, intimidation, assault or serious verbal abuse of the employer or their workers; • intentionally cause the employer material damage during or in connection with the performance of the contract; • are guilty of immoral acts during the performance of the contract; and • jeopardise the safety of the company, the work or personnel through recklessness. The party to the contract deciding to put an end to the employment contract for serious cause committed by the other party must notify the other party in writing of their decision within 15 working days after having gained knowledge of the facts it invokes. For the purpose of investigation, the employer may, within two working days after having gained knowl - edge of the facts, notify the worker of the suspen - sion (for a maximum of 15 days) of their duties. The notification in writing may be sent either by registered letter through the post office or delivered to the person concerned with acknowledgement of receipt, or, in the event of refusal, in the presence of two witnesses. Consequences The employment contract will be immediately ter - minated, without notice. The party terminating the employment contract for serious cause committed by
191 CHAMBERS.COM
Powered by FlippingBook