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With the deepening of globalization, when enterprises expand their business in multiple countries, cross-border labor compliance has become one of the most complex and severe challenges. To help enterprises systematically address this issue, we have collaborated with top labor lawyers from over 50 major jurisdictions worldwide (all recommended by Chambers, The Legal 500, or equivalent institutions) to jointly compile a Chinese-English labor & employment compliance guide exceeding 1 million words, and we will continuously update relevant key points.

This article publishes the key points of labor & employment compliance in Congo.

01 Overview of the Labor Law System

1.Legal System

The Democratic Republic of Congo operates under a civil law system.

2.Resources and Agencies

Labour law institutions in the DRC operate at both the central and provincial levels. While not exhaustive, the key institutions involved include:

? Ministry of Employment and Social Welfare; 

? General Labour Inspection and Provincial Labour Inspection Divisions;

? National Employment Office (ONEM);

? National Institute for Vocational Training (INPP);

? National Social Security Fund (CNSS);

? Commission for Foreign Workers;

? Labour Courts.

02 Employment Qualifications and Classification

1.Employment Age

The Labour Code sets the minimum legal working age at 18, aligning with the age of civil majority. Individuals, regardless of gender, may lawfully enter into employment contracts upon reaching this age.

However, minors under the age of 18 may be employed if they have been emancipated, either through a court decision or parental consent.

2.Qualifications for Foreign Employers

In the Democratic Republic of Congo, a foreign company may hire local employees without establishing a permanent presence—such as a representative office, branch, subsidiary, or affiliate—provided its operations in the country do not exceed six months.

3.Classification of Employment

The following employment-related arrangements are recognized in practice:

? Employees under employment contracts;

? Independent contractors

? Commercial agents;

? Subcontracting (sub-enterprise contracts) and employee placement.

EOR arrangements are not expressly regulated under current Congolese law. Therefore, no formal legal framework defines their validity or operational requirements.

4.Foreign Workers

In the DRC, restrictions on the employment of foreign nationals are primarily driven by the objective of safeguarding the domestic labour force from foreign competition. While local expertise remains limited in certain sectors, multiple legal and regulatory instruments, including the Labour Code, impose specific conditions on the hiring of foreign workers.

Foreign nationals may only work in the DRC if they are in possession of:

? A visa that explicitly authorizes employment;

? A valid work permit (carte de travail).

03 Recruitment and Employment Contracts

1.Background Examination

The current Labour Code does not contain specific provisions regulating background checks on job applicants.

2.Contract Types

Under the Labour Code of the Democratic Republic of Congo, Articles 39, 40, and related provisions establish two principal types of employment contracts:

? Fixed-Term Contracts (Contrat à durée déterminée): These are used when employment is limited in duration, such as for the completion of a specific task or project, or to temporarily replace an absent employee;

? Open-Ended (Indefinite) Contracts (Contrat à durée indéterminée): These are intended for ongoing, permanent roles within the company.

3.Probationary Period

The probationary period is a legally recognized mechanism that allows the employer to assess a new employee's suitability for the role within a limited timeframe before confirming permanent employment. The maximum duration of the probationary period is determined by the employee’s job classification:

? For unskilled laborers, the probationary period may not exceed one month;

? For all other employee categories, the maximum is six months.

04 Working Standards

1.Remuneration

In the Democratic Republic of Congo, the typical remuneration structure consists of a base salary, supplemented by various allowances such as:

? Housing allowance;

? Transportation allowance;

? Family allowance;

? Other discretionary benefits provided by the employer.

For foreign employees, additional benefits are commonly offered, such as:

? Hardship allowance;

? Cost-of-living allowance.

2.Statutory Benefits and Social Security

In the DRC, housing and medical coverage are legally mandated benefits. Employers are required to provide:

? A housing allowance;

? Medical coverage.

3.Working Hours

In the DRC, the statutory working hours are governed by the Labour Code, with the following key provisions:

? Standard working time is limited to 8 hours per day and 45 hours per week, totaling a maximum of 360 hours per month;

? Work schedules may be flexible or irregular, as long as they comply with the legal working time limits. All schedules must be submitted to and approved by the Labour Inspectorate.

4.Rest and Leave

Employees in the Democratic Republic of Congo are entitled to a statutory weekly rest period of 48 consecutive hours. The specific days off may vary depending on the nature of the company’s operations or sector.

05 Occupational Health and Special Protection

1.Occupational Health and Security

Employers in the Democratic Republic of Congo are legally obligated to ensure adequate healthcare for their employees. This responsibility can be met either by:

? Establishing an on-site medical facility, or;

? Entering into a formal agreement with an external healthcare provider to guarantee medical coverage.

2.Special Protection

The labour laws in the DRC include protective measures for certain categories of workers, particularly women, by prohibiting them from performing specific types of hazardous or inappropriate work. However, there are no special legal protections or affirmative action measures specifically addressing indigenous populations, elderly workers, or other vulnerable groups regarding employment conditions or job access.

06 Personal Information and Privacy

1.General Rules

Employee privacy and the protection of personal data are fundamental rights in the Democratic Republic of Congo (DRC), guaranteed by the Constitution for both Congolese citizens and foreign residents. Personal data is legally protected, and any violation is subject to criminal sanctions.

2.Transnational Transfer

The employee’s consent and agreement are required. This consent may be provided for in the employment contract or in any other company document.

07 Anti-Discrimination and Anti-Harassment

1.General Rules

Employers are obligated to establish clear procedures and mechanisms to prevent and respond to discrimination and harassment, including:

? Confidential reporting channels;

? Whistleblower protection systems;

? Designated committees or HR structures to investigate complaints.

2.Protective Characters

Under Congolese law, all forms of discrimination are strictly prohibited. Protection extends to, but is not limited to, the following characteristics:

? Race and ethnicity;

? Sex and gender;

? Age;

? Religion and belief;

? Political opinion;

?  National or social origin;

? Disability;

? Marital or family status.

08 Internal Policies

1.Applicability

The employer has the discretion to implement workplace policies, provided they comply with the mandatory provisions of Congolese law. These policies may apply to all categories of employees, as long as they do not infringe upon any of their legally protected rights.

2.Validity

Internal policies must be communicated to employee representatives or the labour union prior to implementation. Additionally, certain internal policy documents, such as work schedules, company regulations, and employment contracts, must be submitted to the relevant labour authorities for approval before they can take effect.

3.Whistleblowing

There are no formal whistleblowing provisions under current legislation. However, labour inspectors and controllers are responsible for monitoring compliance with labour laws and regulations.

09 Transactions

1.Employment Relationship

The principle of acquired rights means that in cases of merger, acquisition, or transfer of shares or assets, the new employer is obligated to uphold the existing terms of employment, including positions, salaries, and contract durations, as established by the previous employer.

2.Compensation

Employees are not entitled to any compensation resulting from a merger, acquisition, or transfer, unless explicitly stipulated in a specific agreement.

10 Termination of Employment

1.Termination Grounds

Termination of an open-ended employment contract must be based on a valid and stated cause. All dismissals require justification by a lawful reason. For fixed-term contracts, employment ends automatically when the agreed term expires, except in cases of gross misconduct.

2.Termination Procedure

A fixed-term contract automatically ends upon expiry without any requirement for notice. In contrast, the termination of an open-ended contract, except in cases of gross misconduct, must be preceded by a notice period.

3.Termination Protection

Employees benefit from protection against dismissal in certain situations, notably when they are members of the union delegation or during mass layoffs triggered by economic reasons or company restructuring.

4.Severance and Compensation

Legislation governs the payment of the final settlement upon termination of employment, regardless of whether notice is given.

5.Wrongful Termination

The law provides for two main remedies in cases of wrongful termination:

? Reinstatement of the employee;

? Damages.

6.Mass termination and Layoffs

Collective dismissals are subject to specific regulations. The primary guidance is provided by the Ministerial Order issued under Article 62 of the Labour Code, which outlines the procedures and conditions for terminating employment contracts due to the operational needs of a company, establishment, or service.

11 Confidentiality, Non-Compete, and Non-Solicitation

1.Confidentiality

The confidentiality clause is not legally mandatory in employment contracts but is considered essential and is typically included in all contracts.

2.Non-Compete and Non-Solicitation

Non-compete clauses are governed by the Labour Code and are commonly included in employment contracts. Non-solicitation clauses, while not mandatory, are often regarded as important but are generally not included in employment contracts in practice.

12 Work Representation and Trade Unions

1.Work Representation

Legislation requires companies with more than 10 employees to establish employee representatives or a workers’ delegation, as well as committees focused on hygiene, safety, and workplace conditions.

2.Trade Unions

Trade unions in the jurisdiction are private organizations formed by employees, with freedom of association protected by the Constitution. They advocate for members’ interests within companies and participate in shaping labour laws and regulations.

The formation of a trade union is regulated by law and requires approval from the Ministry of Employment and Social Welfare and the General labour Inspectorate. Unions qualify for collective bargaining based on their level of representation within a company; only those with members in the relevant workplace are invited to negotiations.

13 Dispute Resolution

1.Procedures & Enforcement

Labour dispute resolution procedures vary depending on whether the dispute is individual or collective.

For individual labour disputes, the initial step is conciliation conducted by the provincial labour inspection.

Regarding collective disputes, Article 304 of the Labour Code requires that such disputes be submitted first to conciliation or mediation.

2.Waiver & Enforcement

Employees cannot waive their statutory or contractual rights to potential employment claims.

14 Others

1.Latest Development & Trends

Currently, there are no pressing labour-related issues or significant legislative changes underway in the Democratic Republic of Congo (DRC).

2.Cultural and Religious Considerations

For international investors, including those from China, there are no specific cultural or religious sensitivities to observe in the DRC. 

* To avoid ambiguity, this article should not be regarded as legal advice.

Authors

Mr. Didier MOPITI is a Partner at MBM CONSEIL SCA and holds a Bachelor’s degree in Private and Judicial Law from the University of Kinshasa. A member of the Kinshasa/Gombe Bar since November 2004, he has developed recognized expertise in corporate, labour, commercial, banking, mining, energy, and intellectual property law. 

Translator

Jin Dongjie, Master of Laws, associate at Anli Partners. Area of expertise: Labor Law, ESG Compliance, Dispute Resolution.