Guide to employment, payroll and benefits in

Congo (Democratic Republic of the)

Rivermate offers complete payroll, benefits and compliance services for

Congo (Democratic Republic of the)

01. Overview

Last updated: 

August 19, 2021

Currency
Congolese Franc
Capital
Kinshasa
Ease of doing business
Language
-
Population
89561403
GDP growth

02. Grow your team in

Congo (Democratic Republic of the)

with Rivermate

Payroll, benefits, taxes, and compliance can be difficult to manage in

Congo (Democratic Republic of the)

, particularly if you don't have established local relationships. You can hire employees in

Congo (Democratic Republic of the)

effectively, conveniently, and in full compliance with all relevant labor laws using Rivermate's global employment solution. We handle the responsibilities and legal risks associated with foreign employment so you can concentrate on growing your company.

03. Summary

The Democratic Republic of the Congo is a country in Central Africa that is also known as Congo-Kinshasa, DR Congo, the DROC, or simply Congo or the Congo, and traditionally Zaire. It is the largest nation in Sub-Saharan Africa, the second largest in Africa, and the 11th largest in the world in terms of land area. The Democratic Republic of the Congo is the world's most populous officially Francophone nation, as well as Africa's fourth and world's fifteenth most populous countries, with a population of around 105 million. It belongs to the UN, the Non-Aligned Movement, the African Union, and COMESA. Kivu, in the Eastern Democratic Republic of Congo, has been the site of an ongoing military conflict since 2015. The DRC's territory, which is centered on the Congo Basin, was first populated by Central African foragers around 90,000 years ago and was penetrated by the Bantu expansion around 3,000 years ago. From the 14th to the 19th centuries, the Kingdom of Kongo ruled around the Congo River's mouth in the west. From the 16th and 17th centuries to the 19th century, the kingdoms of Azande, Luba, and Lunda ruled in the northeast, middle, and east. European exploration of the Congo Basin began in the 1870s, just before the start of the Scramble for Africa, with Henry Morton Stanley leading the way under the patronage of King Leopold II of Belgium. At the Berlin Conference in 1885, Leopold officially gained rights to the Congo territory and proclaimed it his private property, calling it the Congo Free State. His colonial military arm, the Force Publique, compelled the local population to manufacture rubber during the Free State. Millions of Congolese died as a result of disease and exploitation between 1885 and 1908. Despite his initial reluctance, Leopold ceded the so-called Free State to Belgium in 1908, and the Belgian Congo was born. Congo became independent from Belgium on June 30, 1960, and was renamed the Republic of the Congo. Patrice Lumumba, a Congolese nationalist, was elected Prime Minister, and Joseph Kasa-Vubu was elected President. The Congo Crisis erupted as a result of a dispute over the administration of the region. The provinces of Katanga and South Kasai, led by Mose Tshombe, attempted to secede. After the UN and Western governments denied his requests for assistance and Lumumba declared that he was open to any nation, including the Soviet Union, for assistance in the crisis, the US and Belgium became wary and oversaw Kasa-Vubu's removal from office on 5 September and eventual execution by Belgian-led Katangese troops on 17 January 1961. Army Chief of Staff Joseph-Désiré Mobutu, who later called himself Mobutu Sese Seko, took power in a coup d'état on November 25, 1965. He renamed the country Zaire in 1971. His Popular Movement of the Revolution was the only legal party in the country, which was run as a dictatorial one-party state.

04. Public holidays

05. Types of leave

Paid time off

Employees above the age of 18 are entitled to one day of paid leave for any month of work, and those under the age of 18 are entitled to one and a half days. Employees are given an extra day of voluntary leave for five years of service.

Public holidays

New Year’s DayDay of the MartyrsHeroes’ DayLabour DayLiberation DayIndependence DayParents’ DayChristmas Day

Sick days

While sick leave is not mandatory, some employers can provide paid sick time.

Maternity leave

Female employers are entitled to 14 weeks of paid maternity leave, with six weeks available prior to the birth and up to eight weeks available following the birth. Maternity leave pays about 66 percent of the employee's minimum wage.

Paternity leave

There is no statutory paternity leave in the Democratic Republic of the Congo.

Parental leave

Other than the already mentioned terms regarding maternity leave, there are no other provisions in the Democratic Republic of the Congo law regarding parental leave.

Other leave

06. Employment termination

Termination process

Any termination must be communicated in writing to the other party by the party that initiates it. Where the employer initiates the termination, the notice letter must explicitly indicate the cause for dismissal. There is no a posteriori motivating regime.


Unjustified termination of an indefinite employment contract entitles the employee to reinstatement. In the absence of this, the worker is entitled to damages determined by the labour court (up to a maximum of 36 months of the worker's pay).


Any dismissal made for operational reasons by a business, establishment, or service is subject to a specified procedure (adherence to a hierarchy of dismissals, consultation with workers' representatives, and verification of procedural compliance by the Labour Inspectorate, among others).


Where an employer is considering dismissing a worker on the basis of his or her ability or conduct, he or she must enable the employee to submit his or her defense before a decision is made.

Notice period

The notice period for employees in categories one through five is 14 days for up to a year of service. This number rises by seven days per year. Unskilled laborers, skilled workers, semi-qualified workers, qualified workers, and highly qualified workers are the five types of workers. Managers have a three-month notice period, which increases by sixteen days for each year of service. Supervisors are entitled to a one-month notice period as well as an additional nine days of service every year.

Severance pay

Severance provisions should be included in the employment contract or collective bargaining agreement.

Probation period

The probation period is capped at six months.

07. Working hours

General

In any public or private establishment, including those dedicated to education or charity, the legal working hours of employees and workers, regardless of sex or nature of work, cannot exceed 45 hours per week and 9 hours per day.

Children between the ages of 14 and 18 are only capable of performing light and clean work as defined by art. Their workdays, including school days and holidays, must not exceed four hours; Additionally, their work must not obstruct the completion of school assignments.

Children between the ages of 16 and 18 are not permitted to work more than 8 hours per day.

Women cannot work more than 8 hours per day and 48 hours per week, except in the cases specified in section 2 of this chapter.

Overtime

Overtime is permissible for work that must be completed outside of normal working hours, for work that must be completed urgently to prevent or respond to accidents or to save perishable goods or crops, or for work that requires an unusual workload.


One hour per day is the maximum duration for work that must be performed outside of normal working hours. The duration of urgent work to prevent or respond to accidents, or to save perishable goods or crops, is not limited on the first day, but is limited to two hours on subsequent days. Workloads that are considered extraordinary must not exceed 12 hours per week or 144 hours per year.


Each hour considered overtime under the preceding articles entitles the employee to a 30% increase for the first six hours following the legal working time limit; a 60% increase for subsequent hours; and a 100% increase for overtime work performed on a weekly rest day.

08. Minimum wage

General

The minimum wage in the Democratic Republic of the Congo is 1,680 Congolese francs per day for all workers.

09. Employee benefits

General

In the Republic of Congo, there is no universal health care. Certain employers choose to provide private health insurance.

10. Why Rivermate as your Employer of Record / PEO?

Establishing an entity in

Congo (Democratic Republic of the)

to hire a team takes time, money, and effort. The labor law in

Congo (Democratic Republic of the)

has strong worker employment protection, requiring great attention to details and a thorough awareness of local best practices. Rivermate makes expanding into

Congo (Democratic Republic of the)

simple and effortless. We can assist you with hiring your preferred talent, managing HR and payroll, and ensuring compliance with local legislation without the hassle of establishing a foreign branch office or subsidiary. Our PEO and Global Employer of Record solutions in

Congo (Democratic Republic of the)

give you peace of mind so you can focus on running your business.

Please contact us if you'd like to learn more about how Rivermate can help you hire employees in

Congo (Democratic Republic of the)

via our Employer of Record / PEO solution.

Ready to get started? Our friendly staff is ready to assist you with all your questions, let's connect.