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Congo (Democratic Republic of the) - Compensation & Benefit Legislation

CAPITAL

Kinshasa

 

CLIMATE

Tropical climate; hot and humid conditions in the equatorial river basin; cooler and drier conditions in the southern highlands; and cooler and wetter conditions in the eastern highlands. Climate north of the Equator: wet season from April to October with the dry season from December to February. Climate south of the Equator: wet season from November to March with the dry season from April to October.

 

LANGUAGES

French (official), Lingala (a lingua franca trade language), Kingwana (a dialect of Kiswahili or Swahili), Kikongo, and Tshiluba.

 

LEGAL SYSTEM

The Democratic Republic of the Congo’s legal system is based on Belgian civil law system and tribal law. The Democratic Republic of the Congo has not accepted compulsory ICJ jurisdiction.

 

CURRENCY

Congolese Franc (1 USD = 339.000 CDF as of March 31, 2002).

 

CONGO (DEMOCRATIC REPUBLIC OF THE) - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

CONGO (DEMOCRATIC REPUBLIC OF THE) - EMBASSY/CONSULATES

U. S. Embassy at Kinshasa

310 Avenue des Aviateurs

Kinshasa, Democratic Republic of Congo

Telephone: [243] 88 43608

Fax: [243] 88 43467

http://usembassy.state.gov/kinshasa/

 

Embassy of the Democratic Republic of Congo at Washington D.C.

1800 New Hampshire Avenue N.W.

Washington D.C. 20009

Telephone: (202) 234-7690

Fax: (202) 237-0748

 

CONGO (DEMOCRATIC REPUBLIC OF THE) - HOLIDAYS

 

CONGO (DEMOCRATIC REPUBLIC OF THE) - LEAVE

2 working days upon marriage and the birth of a child. 4 working days in case of death of a spouse or relative by blood or marriage within the 1st degree (2 days in case of 2nd degree relatives). 1 working day upon marriage of a child.

 

CONGO (DEMOCRATIC REPUBLIC OF THE) - MINIMUM AGE

The legal minimum age for employment is 18 years. Employers legally may hire minors between the ages of 14 and 18 with the consent of a parent or guardian, but those under age 16 may work a maximum of 4 hours per day; those between the ages of 16 and 18 may work up to 8 hours.

 

(Section 6.d. Acceptable Conditions of Work, Congo (Democratic Republic of the) – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

CONGO (DEMOCRATIC REPUBLIC OF THE) - MINIMUM REMUNERATION

The minimum wage was last adjusted by government decree in 1990 and subsequently was rendered irrelevant by rapid inflation. The average wage does not provide a decent standard of living for a worker and family. Most workers rely on extended family and informal economic activity to survive.

 

Civil servant salaries remained very low, ranging between 1,600 to 8,000 Congolese Francs per month (approximately $5 to $25).

 

(Section 6.e. Acceptable Conditions of Work, Congo (Democratic Republic of the) – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

CONGO (DEMOCRATIC REPUBLIC OF THE) - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

CONGO (DEMOCRATIC REPUBLIC OF THE) - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)

Section 6 Worker Rights

 

a. The Right of Association

 

Legislation in effect from the Mobutu period permits all workers except magistrates and military personnel to form and join trade unions. The National Union of Congolese Workers (UNTC) remains the largest labor federation. The country's other large confederations are the Labor Confederation (CDT) and the Congo Trade Union Confederation (CSC). There also are almost 100 other independent unions, which are registered with the Labor Ministry. Some of the independent unions are affiliated with political parties or associated with a single industry or geographic area; however, they also have ties to larger unions, such as the UNTC, which have more diverse membership. Since the vast majority of the country's economy is in the informal sector, only a small percentage of the country's workers are organized.

 

The law recognizes the right to strike. However, legal strikes rarely occur because the law requires unions to have prior consent and to adhere to lengthy mandatory arbitration and appeal procedures. Labor unions have not been able to defend effectively the rights of workers in the deteriorating economic environment. The law prohibits employers or the Government from retaliating against strikers, but this prohibition is not enforced.

 

Between August 28 and 31, nurses and paramedics at public hospitals in Kinshasa went on strike to protest deteriorating salaries and poor working conditions; no resolution was reached. The Government took no action against the health workers.

 

Unlike in the previous year, there were no citywide strikes ("villes mortes") in Bukavu or Goma to protest the occupation of the two cities by antigovernment forces.

 

Following a series of strikes in 1999 to protest low salaries and unpaid wages, the Government claimed in October 1999 that it would meet the demands of the strikers. It did so in June 2000 by implementing progressively a comprehensive, higher civil service salary scale; however, civil servant salaries still remained very low.

 

In September the Ministry of Labor told the press that the Government would no longer authorize businesses to carry out temporary layoffs of employees; however, many large manufacturers in Kinshasa conducted layoffs to save money on transportation costs and other benefits. The Government took no action against the manufacturers.

 

Government security forces continued to arrest and detain labor leaders and activists. On September 10, security forces arrested 12 labor leaders, including Bavela Vuadi of the FIC and Mayala Celestin of the teacher's union Coordination Nationale des Mandataires et Fonctionaires de l'Etat (CONAMAFET), for encouraging teachers to strike at the beginning of the school year. The leaders were released 2 days later.

 

In January Steve Mbikay, Secretary General of the Solidarity Union, was released. Security forces had arrested Mbikay in November 2000 as he left a union meeting with ONATRA, the Government's parastatal transportation company.

 

Unions may affiliate with international bodies. The UNTC participates in the Organization of African Trade Union Unity, and the Central Union of Congo is affiliated with the World Confederation of Labor.

 

b. The Right to Organize and Bargain Collectively

 

The law provides for the right to bargain collectively, and an agreement between the UNTC and the employers' association formerly provided for wages and prices to be negotiated jointly each year under minimal government supervision. This system broke down in 1991 as a result of the rapid depreciation of the currency. The professional unions and the Congolese Business Federation signed a cooperative agreement in 1997; however, while collective bargaining still exists in theory, continuing inflation encouraged a return to the use of pay rates individually arranged between employers and employees. Inflation and the constant depreciation of the Congolese franc eliminated salary increases in the public sector. Trade unions responded rapidly to changes in government leadership by requesting pay increases. Labor leaders also demanded the reactivation of the National Labor Council (CNT), which is responsible for setting the minimum wage and has not met since May 1997.

 

The collapse of the formal economy resulted in a decline in the influence of unions, a tendency of employers to ignore existing labor regulations, and a decrease in wages as jobs increasingly became scarce. The Labor Code prohibits antiunion discrimination, although this regulation was not enforced effectively by the Ministry of Labor. The law also requires employers to reinstate workers fired for union activities. In the public sector, the Government sets wages by decree; public sector unions act only in an informal advisory capacity.

 

The International Confederation of Free Trade Unions (ICFTU) alleged in its 2000 Annual Survey of Violations of Trade Union Rights that the Labor Code does not protect adequately workers against antiunion discrimination and interference by employers into union affairs. The ICFTU also claimed that enforcement of the Labor Code "remains virtually nonexistent."

 

There are no export processing zones.

 

c. Prohibition of Forced or Compulsory Labor

 

The law prohibits forced or compulsory labor; however, the Government forcibly conscripted adults during the year. There also were reports that some Mai Mai guerrillas fighting on the side of the Government in the war forced persons in rural areas to work.

 

Trafficking in persons occurs.

 

The law does not prohibit specifically forced and bonded labor by children, and the government forcibly conscripted children. In addition there were reports that girls as young as 8 years of age were forced into prostitution to earn money to their families.

 

There were unconfirmed reports that the Rwandan army forced Rwandan prisoners to mine coltan in the Kivu Provinces. Rwandan and RCD/Goma soldiers continued to conscript forcibly adults and children.

 

d. Status of Child Labor Practices and Minimum Age for Employment

 

The legal minimum age for employment is 18 years. Employers legally may hire minors between the ages of 14 and 18 with the consent of a parent or guardian, but those under age 16 may work a maximum of 4 hours per day; those between the ages of 16 and 18 may work up to 8 hours. The employment of children of all ages is common in the informal sector and in subsistence agriculture, which are the dominant portions of the economy. Such employment often is the only way a child or family can obtain money for food. Many children have been forced by their parents to leave school and beg in the streets or work in order to earn money to their families. Larger enterprises generally do not exploit child labor. Neither the Ministry of Labor, which is responsible for enforcement, nor the labor unions make an effort to enforce child labor laws.

 

On June 20, Labor Minister Marie-Ange Lukiana announced that the Government had ratified three International Labor Organization (ILO) conventions: The Abolition of Forced Labor Convention, the Discrimination (Employment and Occupation) Convention, and the Minimum Age Convention.

 

During the year, the Government ratified ILO Convention 182 on the Worst Forms of Child Labor.

 

The law does not prohibit specifically forced and bonded labor by children, and the Government forcibly conscripts children. In addition there were reports that girls as young as 8 years of age were forced into prostitution to earn money to their families.

 

There also were credible reports that rebel groups forcibly recruited child soldiers and sent them to Uganda and Rwanda for military training.

 

There were reports of trafficking in children.

 

e. Acceptable Conditions of Work

 

Most citizens are engaged in subsistence agriculture or commerce outside the formal wage sector. The minimum wage, last adjusted by government decree in 1990, subsequently was rendered irrelevant by rapid inflation. The average wage does not provide a decent standard of living for a worker and family. Most workers rely on extended family and informal economic activity to survive. The low salaries of police, soldiers, and other public officials (and the non-payment of salaries) encouraged many of these officials to extract bribes. The maximum legal workweek (excluding voluntary overtime) is 48 hours. One 24-hour rest period is required every 7 days.

 

Civil servant salaries remained very low, ranging between $5 (1,600 Congolese francs) and $25 (8,000 Congolese francs) per month. During the year, the Government reportedly paid some salaries more regularly; however, the ICFTU reported that up to 36 months of salary arrears exist for some workers in the Post and Telecom Union. In July the Ministry of Labor created the Congolese Credit for Development fund (CCD), a "social fund" for civil servants; the CCD provides payments to civil servants of expenses such as funerals and retirement insurance.

 

The Labor Code specifies health and safety standards. The Ministry of Labor officially is charged with enforcing these standards, but it does not do so effectively. No provisions in the Labor Code permit workers to remove themselves from dangerous work situations without jeopardy to their continued employment.

 

The law provides for the protection of legally documented foreign workers.

 

f. Trafficking in Persons

 

There are no specific laws that prohibit trafficking in persons, and trafficking is a problem; the country is a source for trafficked women and children. Women are trafficked to Europe, mainly France and Belgium, for sexual exploitation. Rebel and foreign forces have abducted a number of children in the country to be used for labor or sex. Credible reports persisted that Rwandan and RCD rebel troops abducted young women from the villages they raided, although it was unlikely that such abductions were sanctioned by the Rwandan Government. Unlike in the previous year, there were no reports that UPDF troops abducted women from the villages they raided. There were confirmed reports that some Ugandan soldiers married Congolese women who later voluntarily left the country with their soldier husbands; there were no reports of forcible abductions.

 

The Government does not have any programs in place to prevent this practice. The Government has not yet made significant efforts to combat trafficking, due in part to lack of resources or information, an unwillingness to acknowledge there is a significant problem, and because much of the country's trafficking problem occurs in areas controlled by rebel groups and foreign armies. The Government has not investigated vigorously or prosecuted trafficking cases. The Government has no resources for training; however, it permits training of officials by the Government of France and by NGO's. The Government does not coordinate with other countries on trafficking issues and has no funding for protection services. Victims are not prosecuted.

 

CONGO (DEMOCRATIC REPUBLIC OF THE) - SOCIAL SECURITY

Social Security Office of International Programs:

 

http://www.ssa.gov/SSA_Home.html

 

CONGO (DEMOCRATIC REPUBLIC OF THE) - STANDARD WORKWEEK

The maximum legal workweek (excluding voluntary overtime) is 48 hours. One 24-hour rest period is required every 7 days.

 

(Section 6.e. Acceptable Conditions of Work, Congo (Democratic Republic of the) – Report of Human Rights Practices, 2001, U.S. Department of State.)