67
64.5
64
Limited Access to Decent Work
60
80
40
25
100
100
60
80
100
25
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | No | 0 | §87-97 & 321 of the Labour Code, 2002 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §98-103 and 110-112 of the Labour Code, 2002; §2 of Ministerial Order No. 12/CAB.MIN/ETPS/ 042 of 2008 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §119 of Labour Code 2002; §4, 14, & 18-21 of Ministerial Order 68/11 of May 17, 1968 on the remuneration of overtime | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | § 21 of Ministerial Order 68/11 of May 17, 1968 on overtime pay | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | Labour Code, 2002; §4-10 of Ministerial Order 68-12 of May 17, 1968 on Weekly Rest - Labour Regulations | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §119 of the Labour Code, 2002; §4, 14, 18, 19, 20 and 21 of Ministerial Order 68/11 of May 17, 1968 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §119 of Labour Code, 2002; §4, 14, 18, 19, 20 and 21 of Ministerial Order 68/11 of May 17, 1968 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §02 & 07 of the Order no. 1244/FP.T/DGTLS,1976; §55 of the Decree no. 2010-812/PRES/PM/MTSS 2010 | No Change |
| Does the law require paid public holidays? | Yes | 1 | Order No. 14/010 of May 14, 2014 establishing the list of legal holidays in Democratic Republic of Congo | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §140, 141, 142, 144, 145 and 146 of the Labour Code, 2002 | 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 | §7, 37, 39, 41, 44-46 and 212 of the Labour Code, 2002 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §41-42 of the Labour Code, 2002; §2 of Ministerial Order No. 063/CAB/PVPM/ETPS/2011 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | §43 & 71 of the Labour Code, 2002 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | No | 0 | §60, 63, 64, 69, 71-72 of the Labour Code, 2002; §6 – 8 of Ministerial Order No. 12/CAB.MIN/TPS/117/2005 | 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 | §63 & 72 of the Labour Code, 2002 | 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 | §146 of the Labour Code, 2002 | 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 | §132 of the Labour Code, 2002 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §62 of the Labour Code, 2002 | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §130 of the Labour Code, 2002 | 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 | §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 | 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 | §130 of the Labour Code, 2002; §43, 46, 48 and 63 of Law No. 16/009 of July 15, 2016 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §129 & 130 of the Labour Code, 2002; §20 of Law No. 15/013 of August 1, 2015 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §34 of the National Interprofessional Collective Labour Agreement of September 30, 1995 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §164 of the Labour Code, 2002; §3, points 10&14 of the Ministerial Order No.12/CAB.MIN/ETPS/ 043 /2008 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §18-22 of Ministerial Order 68/13 on working conditions for women and children; §137 of the Labour Code, 2002 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §72, 73, 75, 77, 99 and 100 of Law No. 16/009 of July 15, 2016 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §82, 94 and 95 of Law No. 16/009 of July 15, 2016 on General Social Security System | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | § 97 & 100 of Law No. 16/009 of July 15, 2016 on General Social Security System | No Change |
| Does the law provide for unemployment benefits? | No | 0 | §36 of the Constitution, 2011 | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §105, 141 and 142 of the Labour Code, 2002 | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §88 of Law No. 16/009 of July 15, 2016 on General Social Security System | 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 | §36 of the Constitution of the Democratic Republic of Congo 2005; §86 of the Labour Code, 2002 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §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 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §12 & 13 of the Constitution 2005; §3, 20, and 21 of Law No. 15-013, 2015 §128 & 234 of the Labour Code, 2002 | No Change |
| Does the law allow women to do the same job as men? | No | 0 | §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 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Law No. 16/009 of July 15, 2016, establishing the rules for the general social security system; ISSA Country Profile for Democratic Republic of Congo | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §6 of the Labour Code, 2002; §50 of the Child Protection Code, 2009 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §38 of the Child Protection Code, 2009; §7.21, 12, and 72 of the Law on National Education, 1986 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §125, Labour Code, 2002; §8–15, Decree Establishing the Conditions for Children’s Work, 2008 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §16 & 61, Constitution 2005; §2 & 3, Labour Code, 2002; §53 & 187, Child Protection Code, 2009; §68 of the Penal Code 1940 (amended by Loi n° 22-067) | Score improved due to a legislative reform |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| 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 Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §272-296, Labour Code 2002; CEACR, C98, Obs. 2023 | No Change |
| Does the law provide the right to strike? | No | 0 | §39, Constitution 2005; §303-315, Labour Code 2002; CEACR, C87, Obs. 2023 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | §315 & 326 of the Labour Code, 2002; USDOS CRHRP 2023 (DR Congo) | No Change |