56
53.5
-
Basic Access to Decent Work
40
80
80
25
40
50
60
60
75
50
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | No | 0 | §226-227 & 389 of the Labour Code, 2009 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §221, 231, 232, 241 & 242 of the Labour Code, 2009 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §17 of Arrêté n° 004-MFPTSSFP-CAB-DGTEFP-DERE-SER of 24 September 1991 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require additional compensation for night work? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §248 & 249 of the Labour Code, 2009 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §248 of the Labour Code, 2009 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §273-274 of the Labour Code, 2009 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §2, 3-5, 7, 8 of Law 20.001 of 10 January 2020 establishing Legal Holidays | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §280-288 of the Labour Code, 2009 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §3; 96, alinéa 2; 97; 98 alinéa 2 of the Labour Code, 2009 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §103, 106 & 107 of the Labour Code, 2009 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §104 & 122 of the Labour Code, 2009 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §139, 142, 145, 148 & 151 of the Labour Code, 2009 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | §144 & 153 of the Labour Code, 2009; §12 of Order n° 004-MFPTSSFP-CAB-DGTEFP-DERE-SER of 24 September 1991 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | §27 of the Convention Collective Nationale du Commerce, 1975 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §256 of the Labour Code, 2009 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §253 of the Labour Code, 2009; §77 of the Décret No. 09.116 on Social Security Code, 2006 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | No | 0 | §253 of the Labour Code, 2009; §76 of the Décret No. 09.116 on Social Security Code, 2006 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §253-255 of the Labour Code, 2009; §50 & 53-57 of the Social Security Code, 2006 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require employers to train workers on health and safety Issues? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §252, 254, 257, 258 & 298 of the Labour Code, 2009 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §70, 71, 74-76 & 79 of the Social Security Code, 2006; ISSA Country Profile for the Central African Republic | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §100, 102 & 117 of the Social Security Code, 2006; ISSA Country Profile for the Central African Republic | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §118 of the Social Security Code, 2006; ISSA Country Profile for the Central African Republic | No Change |
| Does the law provide for unemployment benefits? | No | 0 | §153 alinea 1 of the Labour Code, 2009; §15 alinea 1 of the National Collective Bargaining Agreement of Commerce, 1975 | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §133, 134, 135 & 255 of the Labour Code, 2009 | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §104 of the Social Security Code, 2006; ISSA Country Profile for the Central African Republic | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | No | 0 | §222 of the Labour Code, 2009; §5 & 9 of the Constitution, 2016 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §5 & 25 of the Protection of Women from Violence, 2006; §96 of the Penal Code, 2010 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §5 & 9 of the Constitution, 2016; §10, 11, 266 & 313 of the Labour Code, 2009 | No Change |
| Does the law allow women to do the same job as men? | No | 0 | §2-10 of the Arrete General No. 3579 of 25 November 1954 on Women's Work; §10, 11, 257 & 258 of the Labour Code, 2009 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | §1 of the Social Security Code, 2006; ISSA Country Profile for the Central African Republic | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §259 of the Labour Code, 2009; §63 of the Child Protection Code, 2020 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §13 of Law N° 97/014 Orienting the Education System; §40 and 52, Child Protection Code, 2020 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §261-263, Labour Code, 2009; §65–68, Child Protection Code, 2020 : §190, Mining Code, 2009 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §7 and 393 of the Labour Code, 2009; §65 and 175 of the Child Protection Code, 2020 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §10 of the Constitution, 2016; §15-20, 26 & 48, Labour Code, 2009; CEACR, C87, Obs. 2023; USDOS CRHRP 2023 (Central African Republic); CEACR, C87, Obs. 2023; ITUC Global Rights Index 2024 (Central African Republic) | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §211 Labour Code, 2009; USDOS CRHRP 2023 (Central African Republic) | Score adjusted because of availability of a legal source |
| Does the law provide the right to strike? | No | 0 | §367-374 of the Labour Code, 2009; CEACR, C87, DR 2020 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §378 of the Labour Code, 2009 | No Change |