Labour Regulations in the Democratic Republic of Congo
In an effort to promote fair labour practices, the government of the Democratic Republic of Congo (DRC) has implemented various regulations aimed at protecting workers’ rights.
Declaration of Employment or Unemployment
Employers in the DRC are now required to declare employment or unemployment within 48 hours of hiring or terminating an employee. This declaration must be dated and signed, with four copies prepared on standardized forms.
- One copy for the Labour Inspector
- Two copies for Provincial Labour Responsible
- One copy to be kept in the Employee’s File
Exceptions to Declaration Requirements
The declaration requirement does not apply to casual workers or daily labourers hired for less than 30 days.
Ratification of ILO Conventions
The DRC has ratified International Labour Organization (ILO) Conventions 87 and 98, which protect workers’ rights to form and join trade unions without prior authorization. The labour law also prohibits discrimination against unions, allows them to organize without interference and bargain collectively, and requires employers to reinstate workers dismissed for union activities.
Immigration Laws in the DRC
All non-Congolese working with KMT require a work permit, which is subject to hiring conditions defined in:
- Arête Ministériel 70/0010, July 27, 1970
- A.D. no 87/005, January 21, 1987
- Note Circulaire No 001/ONEM/DG/DT/NN/2004
World Bank Group Policies and Guidelines
The International Finance Corporation (IFC) Performance Standards on Social and Environmental Sustainability aim to promote fair labour practices. Standard 2 Labour & Working Conditions and Standard 4 Community Health, Safety & Security are particularly relevant.
Requirements under IFC PS2
Table 2.2 summarizes the requirements under IFC PS2:
| Requirement | Description |
|---|---|
| Establish a human resources policy | Consistent with the standard |
| Provide a grievance mechanism for workers | For reporting and resolving workplace issues |
| Protect against harmful child labour and forced labour | Preventing exploitation and harm to workers |
| Promote safe and healthy working conditions | Ensuring a safe and healthy work environment |
The DRC’s labour regulations are designed to promote fair labour practices, protect workers’ rights, and prevent unacceptable forms of labour. Employers in the country must comply with these regulations to ensure a safe and healthy work environment for their employees.