DEMOCRATIC REPUBLIC OF CONGO Law and Practice Contributed by: Salvatrice Bahindwa, Concorde Akonkwa and David Djunga, LegalterLaw
Employee Share Ownership Certain undertakings may implement an employ - ee share ownership scheme for the benefit of their employees. This measure is mandatory in the tele - communications sector, where 5% of the share capi - tal must be reserved for Congolese workers of the company. Mandatory Deductions The employer is required to withhold from the remu - neration the amount of mandatory social security con - tributions payable by the worker, as well as income tax. Protection of Acquired Rights In the event of an acquisition, change of control or any other similar transaction, workers’ acquired rights shall be fully maintained (remuneration, seniority, health insurance, social security contributions, etc). The new acquirer may under no circumstances reduce the remuneration or other benefits acquired by work - ers prior to the transaction. 10.3 Employment Protection As mentioned in 10.2 Employee Compensation , in the event of an acquisition or change of control resulting in a change of employer – notably by transfer, suc - cession, merger, or transformation of the business – all employment contracts in force at the date of the change shall be maintained between the new employ - er and the employees under the same conditions. In other words, acquired rights (such as seniority, remu - neration, and benefits) must be preserved. This obli - gation of continuity is provided for under Article 80 of the Labour Code. The restructuring of a company following an acquisi - tion may lead to collective redundancies on econom - ic grounds, which are subject to a strictly regulated procedure. The employer is required to inform the workers’ representatives of the proposed redundan - cies and to seek their observations. This consultation must be documented in a signed minutes document, containing an explicit agreement on the economic situation of the company that justifies the proposed measure.
3. The current legal minimum wage is set at CDF21,500 per day (approximately USD9.50) for the least qualified worker. This amount is subject to periodic revision. 4. The legal working time for employees or workers of either sex, regardless of the form of work, shall not exceed 45 hours per week and 8 hours per day, with one day off per week and paid leave (18 days per year). Child labour under 16 years of age and forced labour are strictly prohibited. 5. Employers are required to pay mandatory social security contributions to the National Social Security Fund (CNSS) for retirement, sickness, and accidents (approximately 16.5 to 18% of salary). They must also provide basic medical insurance to all workers and their dependents. 6. The employment of foreigners is strictly regulated. To work legally in the DRC, a foreign national must obtain a work establishment visa corresponding to the duration of their stay, acquire a residence permit from the city where they reside, and their employer must apply for a foreign worker’s permit from the National Commission for Foreign Employment, after payment of the required fees and taxes. It should be noted that there is a minimum quota of foreign workers authorised according to the sector, and employers are obliged to train local workers for the same tasks performed by foreign workers (see 8.1 Remuneration is freely negotiated between the worker and the employer according to the tasks to be per - formed, whilst respecting the legal minimum wage. This is currently set at CDF21,500 per day (approxi - mately USD9.50) for the least qualified worker. Payment Methods and Social Benefits Wages are generally paid monthly and in cash. It is important to note that statutory social benefits, nota - bly accommodation and transport, compulsorily form part of the worker’s total remuneration. Other Regimes under “Employment”). 10.2 Employee Compensation General Principles
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