4. Types of leave

There is no information about the types of leave for this country.
Learn more about 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 Day

Day of the Martyrs

Heroes’ Day

Labour Day

Liberation Day

Independence Day

Parents’ Day

Christmas 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

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

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

5. Employment termination

There is no information about employment information for this country.

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.

Probation period

The probation period is capped at six months.

Severance pay

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

6. Working hours

There is no information about the working hours for this country.

General working schedule

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.

7. Minimum wage

There is no information about the working hours for this country.

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

8. Employee benefits

There is no information about the working hours for this country.

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

9. Taxes

There is no information about the working hours for this country.

Corporate tax

Companies in the Democratic Republic of Congo are subject to a corporate tax rate of 35 percent.

Individual income tax

Individuals in the Democratic Republic of Congo are imposed an income tax rate that ranges from 0 percent to 40 percent. The actual percentage varies depending on the income tax bracket the individual belongs to.

VAT, GST and sales tax

The standard rate for the value-added tax (VAT) or goods and sales tax (GST) in the Congo is generally set between 5 percent and 20 percent. The actual percentage depends on the good or service sold.

10. VISA and work permits

There is no information about the working hours for this country.

All sorts of travel to the DRC need a visa, which must be secured in advance of arrival. All visa applications must now be accompanied by an invitation letter that has been certified in the DRC and displays the stamp of the Ministry of Foreign Affairs in Kinshasa. Stamps issued by municipal governments will not be acknowledged.

11. Employer Of Record service terms

There is no information about the working hours for this country.

Employment contracts

Employment contracts should be written and include the work hours, compensation, benefits, yearly leave, working conditions, personal information for both parties, and a start and finish date, if appropriate.

Minimum assignment length

Employers may utilize daily worker employment contracts for casual workers, which have a 22-day limit. They may also utilize fixed-term employment contracts, which must have a start and end date and cannot be more than two years long. If they last more than two years, they are termed open-ended contracts.

Employers may employ separate contracts for particular projects, and the contract terminates when the project is completed.

Payment currency

Congolese Franc (CDF)

United States Dollar (USD)

13.Opening a subsidiary in Congo (Democratic Republic of the)

There is no information about the working hours for this country.

How to set up a subsidiary

Once you have the resources necessary to begin the subsidiary establishment procedure, you must follow these basic steps. More specifics will be outlined in local labor legislation.

1. Check the spelling of your company's name.

You must use the Guichet Unique de la Création d'Entreprise to ensure that your selected business name is unique. It is free to verify your name via the register.

2. Sign up for Key Documentation

Your next step will be to register for your principal company paperwork at the Guichet Unique de la Création d'Entreprise. Working with the Ministry of Labor, the National Institute for Social Security (INSS), the Commercial Registry, and the tax administration (Direction Générale des Impots) will be required.

Make sure you have the following papers on hand:

(a) A passport or equivalent kind of government-issued identity

(b) A filled-out application form

(c) The Articles of Association of your firm

(d) A signed statement declaring that your company's management has never been arrested.

(e) A declaration of conformity with the regulations, signed and dated by each firm founder

(f) A letter written to the Commercial Court's divisional clerk (Tribunal de Commerce)

3. Capital deposited

Shareholders are required to establish a bank account with an approved microfinance or credit institution. As evidence of deposit, you must provide the deposit slip.

4. File an application with the Commercial Court

To register your firm, you must supply the following documents:

(a) Copies of your company's statutes, approved by the Financial Intelligence Unit (FIU)

(b) Two copies of a document naming your company's executives and any colleagues authorized to act on your behalf.

(c) Each manager's criminal history

(d) A title to real estate

(e) A capital declaration

5. Declare the Company's Incorporation

The last step is to register your firm with the National Office of Employment, also known as the l'Office National de l'Emploi (ONEM). You must inform the agency of your intention to recruit staff within 15 days of opening your doors.

Subsidiary laws

To create a subsidiary in the Democratic Republic of the Congo, you must deposit CDF 40,200 in a local bank as a paid-in minimum capital deposit. The sort of organization you'll most likely want to create is a Société à Responsabilité Limitée (SARL), but you may look into other possibilities to see which one best suits your requirements.

Keep in mind that the procedure typically takes seven days. Before you begin your activities, make sure you have enough time to finish the procedure and get any required documents.

13. Why choose Rivermate as your Employer of Record / PEO in Congo (Democratic Republic of the)

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.

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