LABOUR RIGHTS INDEX 2022

Trade Union
Indicator
Trade Union
Countries
LRI 2022
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lri 2022 Country Profiles

DR Congo

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Democratic Republic of the Congo’s overall score is 64.5 out of 100. The overall score for the Democratic Republic of the Congo is higher than the regional average observed across Sub-Saharan Africa (64.4). Within the Sub-Saharan Africa region, the highest score is observed for Guinea (80.5).

Democratic Republic of the Congo ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 2001 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1969.

Labour Rights Index 2022

64.5/100

LRI Country Score

25/100

Trade Union Indicator

13.56 %

Trade union density rate (%)

- %

Collective bargaining coverage rate (%)

3.16

SDG indicator 8.8.2

2

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

Yes

1

§37 & 38, Constitution 2005; §230-250, Labour Code 2002

No Violation Found

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§272-296, Labour Code 2002; CEACR, C98, Obs. 2019

B

Does the law provide for the right to strike?

No

0

§39, Constitution 2005; §303-315, Labour Code 2002; CEACR, C87, Obs. 2019

B

Does the law prohibit employers from terminating employment contracts of striking workers?

No

0

§326, Labour Code 2002; USDOS CRHRP 2021

A / D

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

To find an ITUC affiliate in your country, please check the LINK:

Violations

No Violation

Violations

ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
CEACR, C98, Obs. 2019

Articles 4 and 6. Collective bargaining in the public sector. In its previous comments, the Committee requested the Government to take the necessary measures to establish the right to collective bargaining of all public servants not engaged in the administration of the State explicitly in the national legislation, so that the legislation is consistent with the practice. The Committee noted in this regard that while Act No. 16/013 of 15 July 2016 on the conditions of service of permanent public service employees recognizes the right of public servants to organize and to strike and establishes consultative bodies, it does not provide for machinery for collective bargaining on conditions of employment. The Committee noted at the same time that the persons covered by the Act are primarily employees engaged in the administration of the State (section 2). The Committee recalls once again that, under Article 6, the Convention applies to workers and public servants who are not engaged in the administration of the State (for instance, employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as transport personnel) (see the 2012 General Survey on the fundamental Conventions, paragraph 172). Noting with regret that there has been no progress on this point, the Committee urges the Government to specify how the right to collective bargaining is granted to various categories of public servants not engaged in the administration of the State and to take, if necessary, steps to ensure that this right is granted to them both in law and in practice. It also requests the Government to provide information on the creation and functioning of the joint Government/trade union committees to which the Government refers in its report, as well as to any collective bargaining process in the public sector.

Violations

ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
CEACR, C87, Obs. 2019

Articles 2 and 5 of the Convention. Right to organize in the public service. In its previous comments, the Committee noted that: (i) under the terms of section 94 of Act No. 16/013 of 15 July 2016 on the conditions of service of permanent public service employees, freedom of association is guaranteed for public service employees; and (ii) under section 93 of the Act, the exercise of the right to strike by public service employees can only be restricted under the conditions established by the law, in particular, so as to ensure the normal provision of “public services of vital interest, which cannot suffer any type of interruption.” A Decree of the Prime Minister establishes the list of services of vital interest, as well as the details of the minimum service in these services. The Committee notes the Government’s indications that a copy of the Decree will be communicated following its publication in the Official Journal. In this regard, the Committee recalls that the right to strike may be restricted or prohibited: (i) in the public service only for public servants exercising authority in the name of the State; or (ii) in essential services in the strict sense of the term; or (iii) in the case of an acute national or local crisis. The Committee trusts that the Decree in question will be adopted shortly, taking into account the Committee’s observations, and requests the Government to provide a copy of the Decree with its next report.

Violations

National Labour Legislation / US Department of States' Country Reports on Human Rights Practices 2021 (USDOS)
§326, Labour Code 2002

Section 326:
Without prejudice to criminal laws
providing for more severe penalties, will be
punished with penal servitude
principal for a maximum of six months and
a fine of 30,000 constant F.C.
or only one of these penalties,
anyone who violates the
provisions of articles 2 paragraph 2, 3,
173 and 315 of this Code.

USDOS CRHRP 2021

Union committees are required to notify company management of a planned strike, but they do not need authorization to strike. The law stipulates unions and employers shall adhere to lengthy compulsory arbitration and appeal procedures before unions initiate a strike. At times, however, workers strike without adhering to these lengthy compulsory arbitration and appeal procedures, thus engaging in a “wildcat” strike. Generally, the committee delivers a notice of strike to the employer. If the employer does not reply within 48 hours, the union may strike immediately. If the employer chooses to reply, negotiations, which may take up to three months, begin with a labor inspector and ultimately continue in the Peace Court. At times employees provide minimum services during negotiations, but this is not a requirement. If negotiations are taking place, public-sector workers must continue to provide “vital services.” Unless unions notify employers of a planned strike, the law prohibits striking workers from occupying the workplace during a strike, and an infraction of the rules on strikes may lead to incarceration of up to six months with compulsory prison labor.