Democratic Republic
of the Congo

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2022 Score

64.5

Score Increase

2020 Score

64

Rating

Limited Access to
Decent Work

Fair
Wages

60

Decent
Working Hours

80

Employment
Security

40

Family
Responsibilities

25

Maternity
at Work

100

Safe
Work

100

Social
Security

60

Fair
Treatment

80

Child &
Forced Labour

75

Trade
Union

25

1. Fair Wages
2. Decent Working Hours
3. Employment Security
4. Family Responsibilities
5. Maternity at Work
6. Safe Work
7. Social Security
8. Fair Treatment
9. Child & Forced Labour
10. Trade Union

Fair Wages

QuestionAnswerScoreLegal Basis
Does the law prescribe minimum wage rates in the country?No0§87-97 & 321 of the Labour Code, 2002
Does the law require regular payment of wages?Yes1§98-103 and 110-112 of the Labour Code, 2002; §2 of Ministerial Order No. 12/CAB.MIN/ETPS/ 042 of 2008
Does the law require overtime compensation be at least 125% of the regular hourly rate?Yes1§119 of Labour Code 2002; §4, 14, & 18-21 of Ministerial Order 68/11 of May 17, 1968 on the remuneration of overtime
Does the law require additional compensation for working on a weekly rest day?No0§ 21 of Ministerial Order 68/11 of May 17, 1968 on overtime pay
Does the law require additional compensation for night work?Yes1Labour Code, 2002; §4-10 of Ministerial Order 68-12 of May 17, 1968 on Weekly Rest - Labour Regulations

Decent Working Hours

QuestionAnswerScoreLegal Basis
Does the law stipulate general working hours as 48 hours or lower?Yes1§119 of the Labour Code, 2002; §4, 14, 18, 19, 20 and 21 of Ministerial Order 68/11 of May 17, 1968
Does the law restrict maximum working hours including overtime to 56 hours per week?Yes1§119 of Labour Code, 2002; §4, 14, 18, 19, 20 and 21 of Ministerial Order 68/11 of May 17, 1968
Does the law require a weekly rest of at least 24 hours?Yes1§02 & 07 of the Order no. 1244/FP.T/DGTLS,1976; §55 of the Decree no. 2010-812/PRES/PM/MTSS 2010
Does the law require paid public holidays?Yes1Order No. 14/010 of May 14, 2014 establishing the list of legal holidays in Democratic Republic of Congo
Does the law require at least three working weeks of paid annual leave?No0§140, 141, 142, 144, 145 and 146 of the Labour Code, 2002

Employment Security

QuestionAnswerScoreLegal Basis
Does the law require written employment contracts or at least written employment particulars?Yes1§7, 37, 39, 41, 44-46 and 212 of the Labour Code, 2002
Does the law restrict the hiring of fixed-term contract workers?Yes1§41-42 of the Labour Code, 2002; §2 of Ministerial Order No. 063/CAB/PVPM/ETPS/2011
Does the law limit the length of probation period including renewals to a maximum of 3 months?No0§43 & 71 of the Labour Code, 2002
Does the law require a 30-day notice before contract termination?No0§60, 63, 64, 69, 71-72 of the Labour Code, 2002; §6 – 8 of Ministerial Order No. 12/CAB.MIN/TPS/117/2005
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?No0§63 & 72 of the Labour Code, 2002

Family Responsibilities

QuestionAnswerScoreLegal Basis
Does the law require parental leave for parents?No0No applicable legal provisions could be located
Does the law require at least one week of paid paternity leave for fathers?No0§146 of the Labour Code, 2002
Does the law require flexible work arrangements for workers with family responsibilities?No0No applicable legal provisions could be located
Does the law require paid nursing breaks?Yes1§132 of the Labour Code, 2002

Maternity at Work

QuestionAnswerScoreLegal Basis
Does the law prohibits inquiring about pregnancy during recruitment?Yes1§62 of the Labour Code, 2002
Does the law require paid maternity leave of at least 14 weeks?Yes1§130 of the Labour Code, 2002
Does the law require cash maternity benefit be at least 67% of a worker's former wage?Yes1§130 of the Labour Code, 2002; §43, 46, 48 and 63 of Law No. 16/009; §56 & 63 of Ministerial Order No. 146 of 2018
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?Yes1§130 of the Labour Code, 2002; §43, 46, 48 and 63 of Law No. 16/009 of July 15, 2016
Does the law protect workers from dismissals during or on account of pregnancy?Yes1§129 & 130 of the Labour Code, 2002; §20 of Law No. 15/013 of August 1, 2015

Safe Work

QuestionAnswerScoreLegal Basis
Does the law require provision of free personal protective equipment to workers from employer?Yes1§34 of the National Interprofessional Collective Labour Agreement of September 30, 1995
Does the law require the employer to train workers on health and safety issues?Yes1§164 of the Labour Code, 2002; §3, points 10&14 of the Ministerial Order No.12/CAB.MIN/ETPS/ 043 /2008
Does the law restrict work that is prejudicial to the health of the mother or the child?Yes1§18-22 of Ministerial Order 68/13 on working conditions for women and children; §137 of the Labour Code, 2002
Does the law provide for employment injury benefit?Yes1§72, 73, 75, 77, 99 and 100 of Law No. 16/009 of July 15, 2016

Social Security

QuestionAnswerScoreLegal Basis
Does the law provide for an old age pension?Yes1§82, 94 and 95 of Law No. 16/009 of July 15, 2016 on General Social Security System
Does the law provide for a dependants'/survivors' pension?Yes1§ 97 & 100 of Law No. 16/009 of July 15, 2016 on General Social Security System
Does the law provide for unemployment benefit?No0§36 of the Constitution, 2011
Does the law require paid sick leave for the first 6 months of sickness?No0§105, 141 and 142 of the Labour Code, 2002
Does the law provide for invalidity benefit?Yes1§88 of Law No. 16/009 of July 15, 2016 on General Social Security System

Fair Treatment

QuestionAnswerScoreLegal Basis
Does the law require equal remuneration for work of equal value?Yes1§36 of the Constitution of the Democratic Republic of Congo 2005; §86 of the Labour Code, 2002
Does the law prohibit sexual harassment in employment?Yes1§2 & 4 of Ministerial Order No. 12/CAB.MIN/TPS/114/2005; §174 d of Law No. 06/018 of July 20, 2006; Labour Code 2002
Does the law prohibit discrimination in employment matters?Yes1§12 & 13 of the Constitution 2005; §3, 20, and 21 of Law No. 15-013, 2015 §128 & 234 of the Labour Code, 2002
Does the law allow women to do the same jobs as men?No0§13 of the Constitution 2005; §8 of Law No. 15-013 of 1 August 2015; §13, 18-21 of Ministerial Order 68/13 of 1968
Does the law guarantee basic labour protections for gig economy workers?Yes1Law No. 16/009 of July 15, 2016, establishing the rules for the general social security system; ISSA Country Profile for Democratic Republic of Congo

Child & Forced Labour

QuestionAnswerScoreLegal Basis
Does the law prohibit employment of children?Yes1§6 of the Labour Code, 2002; §50 of the Child Protection Code, 2009
Does the law set employment entry age equal to or higher than the compulsory schooling age?Yes1§38 of the Child Protection Code, 2009; §7.21, 12, and 72 of the Law on National Education, 1986
Does the law prohibit the employment of children in hazardous work under the age of 18 years?Yes1§125, Labour Code, 2002; §8–15, Decree Establishing the Conditions for Children’s Work, 2008
Does the law prohibit forced labour?No0§16 & 61, Constitution 2005; §2 & 3, Labour Code, 2002; §53 & 187, Child Protection Code, 2009

Trade Union

QuestionAnswerScoreLegal Basis
Does the law allow workers to form and join unions of their own choice?Yes1§37 & 38, Constitution 2005; §230-250, Labour Code 2002
Does the law allow workers to bargain collectively with employers through their representative unions?No0§272-296, Labour Code 2002; CEACR, C98, Obs. 2019
Does the law provide for the right to strike?No0§39, Constitution 2005; §303-315, Labour Code 2002; CEACR, C87, Obs. 2019
Does the law prohibit employers from terminating employment contracts of striking workers?No0§326, Labour Code 2002; USDOS CRHRP 2021