65.5
64
-
Limited Access to Decent Work
40
80
60
25
80
75
60
60
100
75
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | No | 0 | §83 & 255 of the Labour Code 1975; Decree n° 2008 - 942; Decree n° 2006-89 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §87-88 & 100-101 of the Labour Code, 1975 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | No | 0 | §56 & 105 of the Labour Code 1975; Decree No. 78/360 of 12 May 1978 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §56 of the Labour Code 1975; §32 of the Convention Collective du Commerce, 2011 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §56 of the Labour Code 1975; §32 of the Convention Collective du Commerce, 2011 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §105 of the Labour Code 1975 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §105 of the Labour Code 1975; §2 & 16 of the Decree No. 78/360 of 12 May 1978 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §118 of the Labour Code 1975 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §1 of Law n°1994-02 of 1 March 1994 fixing public holidays | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §119-122 of the Labour Code 1975 | 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 | §27 & 32(3) of the Labour Code 1975; §14 of the Convention Collective du Commerce, 2011 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §32(2 & 5) of the Labour Code 1975 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | §32(4) & 34-35 of the Labour Code 1975; §15 of the Convention Collective du Commerce, 2011 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §37-38 & 41 of the Labour Code 1975; §20 of the Convention Collective du Commerce, 2011 | 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 | §21 of the Convention Collective du Commerce, 2011 | 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 | §33 of the Convention Collective du Commerce, 2011 | 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 | §115 of the Labour Code 1975 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §70 of the Labour Code 1975 | Score improved due to a legislative reform |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §113-114 of the Labour Code 1975 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §113 of the Labour Code, 1975; §54-55 of the Social Security Code, 1986 | 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 | §113 of the Labour Code, 1975; §54-55 of the Social Security Code, 1986 | 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? | Yes | 1 | §49 of the Convention Collective du Commerce, 2011 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §141(3) & 132(4) of the Labour Code, 1975 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | No | 0 | No applicable legal proivisions could be located | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §83, 85, 86 & 100 of the Social Security Code 1986; Law No. 18 - 2012 of 22 August 2012 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §1 of Law No. 22-2010; ISSA Country Profile for Congo | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §151, 152 and 154 of the Social Security Code, 1986; ISSA Country Profile for Congo | No Change |
| Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §47(c) & 48 of the Labour Code, 1975; §54 of the Social Security Code, 1986; §24 of the Convention Collective du Commerce, 2011 | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §149-150 of the Social Security Code, 1986; ISSA Country Profile for Congo | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §80 of the Labour Code 1975 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §14, 15, & 60-62 of the Loi Mouebara portant lutte contre les violences faites aux femmes, 2022 (Loi-MOUEBARA-n°-19-2022) | Score improved due to a legislative reform |
| Does the law prohibit discrimination in employment matters? | No | 0 | No applicable legal provisions could be located | Score improved due to a legislative reform |
| Does the law allow women to do the same job as men? | No | 0 | §117 of the Labour Code, 1975; Arrêté No. 3759 du 25 Novembre 1954 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Social Security Code, 1986; ISSA Country Profile for Congo | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §116 of the Labour Code, 1975; §68 of the Child Protection Code, 2010 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §29 of the Constitution, 2015; §1 and 3 of the Education Law, 1995 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §68 of the Child Protection Code, 2010; §4, 5, 8, and 9 of Order 2224 of 1953 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §33 of the Constitution, 2015; §4 & 257 of the Labour Code, 1975 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §32 of the Constitution 2015; §210(2), 184-186 & 189 of the Labour Code, 1975; USDOS CRHRP 2023 (Congo) | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §197 of the Constitution 2015; §50-51, 63 & 169 of the Labour Code, 1975 | No Change |
| Does the law provide the right to strike? | Yes | 1 | §30 & 32 of the Constitution 2015; CEACR C87 Direct Request, 2023; USDOS CRHRP 2023 (Congo) | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | §30 & 32 of the Constitution 2015; §248 (11 & 12) of the Labour Code, 1975; CEACR C87 Direct Request, 2023; USDOS CRHRP 2023 (Congo) | Score adjusted because of availability of a legal source |