Congo

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2022 Score

64

2020 Score

N/A

Rating

Limited Access to
Decent Work

Fair
Wages

40

Decent
Working Hours

80

Employment
Security

60

Family
Responsibilities

25

Maternity
at Work

60

Safe
Work

75

Social
Security

60

Fair
Treatment

40

Child &
Forced Labour

100

Trade
Union

100

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§83 & 255 of the Labour Code 1975; Decree n° 2008 - 942; Decree n° 2006-89
Does the law require regular payment of wages?Yes1§87-88 & 100-101 of the Labour Code, 1975
Does the law require overtime compensation be at least 125% of the regular hourly rate?No0§56 & 105 of the Labour Code 1975; Decree No. 78/360 of 12 May 1978
Does the law require additional compensation for working on a weekly rest day?No0§56 of the Labour Code 1975; §32 of the Convention Collective du Commerce, 2011
Does the law require additional compensation for night work?Yes1§56 of the Labour Code 1975; §32 of the Convention Collective du Commerce, 2011

Decent Working Hours

QuestionAnswerScoreLegal Basis
Does the law stipulate general working hours as 48 hours or lower?Yes1§105 of the Labour Code 1975
Does the law restrict maximum working hours including overtime to 56 hours per week?No0§105 of the Labour Code 1975; §2 & 16 of the Decree No. 78/360 of 12 May 1978
Does the law require a weekly rest of at least 24 hours?Yes1§118 of the Labour Code 1975
Does the law require paid public holidays?Yes1§1 of Law n°1994-02 of 1 March 1994 fixing public holidays
Does the law require at least three working weeks of paid annual leave?Yes1§119-122 of the Labour Code 1975

Employment Security

QuestionAnswerScoreLegal Basis
Does the law require written employment contracts or at least written employment particulars?Yes1§27 & 32(3) of the Labour Code 1975; §14 of the Convention Collective du Commerce, 2011
Does the law restrict the hiring of fixed-term contract workers?Yes1§32(2 & 5) of the Labour Code 1975
Does the law limit the length of probation period including renewals to a maximum of 3 months?No0§32(4) & 34-35 of the Labour Code 1975; §15 of the Convention Collective du Commerce, 2011
Does the law require a 30-day notice before contract termination?Yes1§37-38 & 41 of the Labour Code 1975; §20 of the Convention Collective du Commerce, 2011
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?No0§21 of the Convention Collective du Commerce, 2011

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§33 of the Convention Collective du Commerce, 2011
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§115 of the Labour Code 1975

Maternity at Work

QuestionAnswerScoreLegal Basis
Does the law prohibits inquiring about pregnancy during recruitment?No0No applicable legal provisions could be located
Does the law require paid maternity leave of at least 14 weeks?Yes1§113-114 of the Labour Code 1975
Does the law require cash maternity benefit be at least 67% of a worker's former wage?Yes1§113 of the Labour Code, 1975; §54-55 of the Social Security Code, 1986
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?Yes1§113 of the Labour Code, 1975; §54-55 of the Social Security Code, 1986
Does the law protect workers from dismissals during or on account of pregnancy?No0No applicable legal provisions could be located

Safe Work

QuestionAnswerScoreLegal Basis
Does the law require provision of free personal protective equipment to workers from employer?Yes1§49 of the Convention Collective du Commerce, 2011
Does the law require the employer to train workers on health and safety issues?Yes1§141(3) & 132(4) of the Labour Code, 1975
Does the law restrict work that is prejudicial to the health of the mother or the child?No0No applicable legal proivisions could be located
Does the law provide for employment injury benefit?Yes1§83, 85, 86 & 100 of the Social Security Code 1986; Law No. 18 - 2012 of 22 August 2012

Social Security

QuestionAnswerScoreLegal Basis
Does the law provide for an old age pension?Yes1§1 of Law No. 22-2010; ISSA Country Profile for Congo
Does the law provide for a dependants'/survivors' pension?Yes1§151, 152 and 154 of the Social Security Code, 1986; ISSA Country Profile for Congo
Does the law provide for unemployment benefit?No0No applicable legal provisions could be located
Does the law require paid sick leave for the first 6 months of sickness?No0§47(c) & 48 of the Labour Code, 1975; §54 of the Social Security Code, 1986; §24 of the Convention Collective du Commerce, 2011
Does the law provide for invalidity benefit?Yes1§149-150 of the Social Security Code, 1986; ISSA Country Profile for Congo

Fair Treatment

QuestionAnswerScoreLegal Basis
Does the law require equal remuneration for work of equal value?Yes1§80 of the Labour Code 1975
Does the law prohibit sexual harassment in employment?No0No applicable legal provisions could be located
Does the law prohibit discrimination in employment matters?No0No applicable legal provisions could be located
Does the law allow women to do the same jobs as men?No0§117 of the Labour Code, 1975; Arrêté No. 3759 du 25 Novembre 1954
Does the law guarantee basic labour protections for gig economy workers?Yes1Social Security Code, 1986; ISSA Country Profile for Congo

Child & Forced Labour

QuestionAnswerScoreLegal Basis
Does the law prohibit employment of children?Yes1§116 of the Labour Code, 1975; §68 of the Child Protection Code, 2010
Does the law set employment entry age equal to or higher than the compulsory schooling age?Yes1§29 of the Constitution, 2015; §1 and 3 of the Education Law, 1995
Does the law prohibit the employment of children in hazardous work under the age of 18 years?Yes1§68 of the Child Protection Code, 2010; §4, 5, 8, and 9 of Order 2224 of 1953
Does the law prohibit forced labour?Yes1§33 of the Constitution, 2015; §4 & 257 of the Labour Code, 1975

Trade Union

QuestionAnswerScoreLegal Basis
Does the law allow workers to form and join unions of their own choice?Yes1§32 of the Constitution 2015; §210(2), 184-186 & 189 of the Labour Code, 1975
Does the law allow workers to bargain collectively with employers through their representative unions?Yes1§197 of the Constitution 2015; §50-51, 63 & 169 of the Labour Code, 1975
Does the law provide for the right to strike?Yes1§30 & 32 of the Constitution 2015; §248 of the Labour Code, 1975; USDOS CRHRP 2021
Does the law prohibit employers from terminating employment contracts of striking workers?Yes1§248(5) of the Labour Code, 1975