Labor law in Congo Republic

In the Republic of the Congo, labor law applies when a worker performs paid work under an employer’s direction or authority. The actual relationship matters more than the label used in the contract. Forced or compulsory labor is prohibited. The main framework is based on Loi n°45-75 of 15 March 1975, amended by Loi n°6-96 of 6 March 1996, with additional rules from Décret n°2024-2762 of 20 November 2024, effective 1 January 2025, and Loi n°48-2024 of 30 December 2024. Permanent civil servants are excluded, while other public-sector and private-sector employment can fall within it. More favorable terms in an individual contract or collective agreement may improve the statutory position of the worker. An individual employment contract can generally be proved by any means. A fixed-term contract, called a CDD, must be in writing; without the required written form, the relationship is presumed to be an indefinite-term contract, called a CDI. A CDD may normally last no more than two years and may be renewed once, without exceeding two years in total. Certain special cases allow a maximum of six months. The written contract should state the project or replacement reason where relevant, the end date or duration, the job, any probation period, and the payment and remuneration terms. Continuing to work after the fixed term can result in a CDI. Probation lasts up to 15 days for a CDD of six months or less and otherwise up to one month, while the general maximum, including an extension, is six months. Continuing work after probation converts the relationship to a CDI from the beginning of the employment. Temporary agency work requires a written mise-à-disposition document no later than two working days after the assignment begins. The total assignment, including extensions, may last up to 24 months, and the temporary-work provider must maintain financial security for wages and social contributions. In subcontracting, the main contractor can become liable for unpaid wages and CNSS contributions if the subcontractor becomes insolvent. Normal working time outside agriculture is limited to 40 hours per week. Agriculture is measured at 2,400 hours per year. Overtime attracts an increased rate, with the precise minimum depending on a decree or applicable collective rule. Night work runs from 20:00 to 05:00 and may not exceed eight consecutive hours. Workers generally receive at least 24 consecutive hours of weekly rest, normally on Sunday, although decrees can provide exceptions. Annual leave is at least 26 working days for each year of effective service and becomes available after 12 months. The leave payment must include at least the relevant remuneration elements from the preceding 12 months and must be paid in full when leave begins. Paid family leave can reach 10 days and may be excluded from annual-leave calculations. After two years of service, personal leave or disponibilité can last up to one year and may be extended once. Equal pay applies to equal work performed with comparable qualifications and performance, regardless of origin, sex, age or status. From 1 January 2025, the national SMIG, the statutory minimum interprofessional wage, is 70,400 FCFA per month instead of 50,400 FCFA. Wages must be paid in the legal currency; payment in alcohol is prohibited, and payment in kind is generally not accepted as a substitute for wages. Monthly wages must normally be paid no later than eight days after the end of the month. Weekly or fortnightly wages must normally be paid within four days after the relevant period, and daily wages at the end of the working day. Piece-rate work must provide at least the comparable wage. Where piece-rate work lasts more than 15 days, the worker receives a fortnightly advance of at least 90% of the SMIG. The employer should provide an individual payslip and maintain a wage register. Wage, bonus and performance claims generally expire after one year, while wage claims have priority over many other claims. Employers may not impose disciplinary fines on wages. Employers must provide a safe and hygienic workplace, prevent risks, give workplace instructions, maintain a safety register and provide relevant information. A medical or health service for workers and CNSS-recognized family members is required, either directly or through an inter-company service. An employer must report a workplace accident or occupational disease to the CNSS within 48 hours. A worker or representative can generally raise the matter within two years. If an inspection identifies a dangerous defect, the Inspection du Travail et des Lois Sociales can issue a written mise en demeure with at least four clear days to correct it. The employer can complain within eight days, and the ministerial decision follows within ten days. Pregnancy protection includes 15 weeks of maternity leave, with at least nine weeks after childbirth. A medically established illness can extend the leave by three weeks. During maternity leave, dismissal is prohibited under the applicable protection, and payment is divided between the employer and CNSS or related benefits. A breastfeeding worker can receive up to one hour of nursing time per day until the child reaches 15 months. Employing children below 16 is prohibited unless the Education Minister grants an exception after an Inspection du Travail opinion. The reviewed legal material does not establish a comprehensive local harassment regime, so other protections should not be assumed without checking the applicable rule. Workers may freely choose and join a trade union. An employer may not consider union membership or activity when hiring, assigning work, providing training, promoting, setting pay, disciplining or terminating a worker. Trade unions represent members, may bring proceedings and may defend collective interests. A section syndicale can be established by each representative union once the establishment has at least 30 workers and at least one délégué du personnel. A shared union room is provided from 50 workers. Worker delegates are elected annually by secret proportional ballot, and the election record must reach the labor inspection service within four days. Dismissing a délégué du personnel requires prior authorization from the Commission des litiges. A precautionary suspension for alleged serious misconduct does not remove the basic wage during the review. An abusive dismissal can lead to reinstatement or damages of at least 12 months of basic wage, and a former delegate keeps protection for six months. The comité d’entreprise is marked as repealed in the reviewed Code. An individual labor dispute can first be submitted voluntarily to conciliation before the Inspection du Travail or a Direction départementale du travail. If the parties reach agreement, the signed record has enforceable effect. If conciliation fails, the dispute can proceed to the Tribunal du Travail, generally at the place of work and, for a dismissal dispute, potentially also at the place of recruitment. A collective claim begins with a cahier de revendications and internal negotiations for up to seven days. Failure can lead to written conciliation by the Inspection du Travail and then to the Commission de Recommandation. That commission applies legal review to disputes about legal standards and an equitable review to matters such as wages and working conditions. Its recommendation is issued within seven days, transmitted within 24 hours, and may be challenged within four clear days before it can become enforceable. A strike can begin immediately when the employer’s refusal to negotiate is established; otherwise the required procedure must first be completed. A lawful strike suspends the employment contract and normally suspends wages, while social benefits remain in place. A public service must maintain a minimum service and requires seven full days of strike notice. A lockout is lawful only after the required procedure has been exhausted and the statutory conditions are met. A case before the Tribunal du Travail may be filed orally or in writing with the greffier. The president normally summons the parties within two days, with the hearing set no later than 12 days after service of the summons. A party may appear personally or through a worker or employer from the same sector, a lawyer or a trade-union representative. Proceedings at every level are free of charge. A judgment of up to 25,000 FCFA is generally not appealable except on jurisdiction; higher amounts can be appealed to the Cour d’Appel within 15 days. A party receiving a default judgment can generally file opposition within 10 days after service. A CDD ends at its agreed date. Early termination is generally limited to mutual agreement, serious misconduct or force majeure; an employer who breaks the contract can owe remuneration and benefits through the remaining term, subject to judicial review. A CDI can end with notice at any time. The termination must be written and state an express reason. If no collective rule sets the notice period, the period comes from a ministerial order. During notice, the worker receives two paid days per week to look for another job. Serious misconduct can remove the notice period, but the worker retains the right to defend the case with assistance, and precautionary suspension may last no more than 30 days. A dismissal is abusive when it lacks a legitimate reason or is motivated by political, religious, philosophical or union considerations. The consequences can include reinstatement or damages. Economic or structural dismissal requires information and consultation with worker delegates, authorization from the Commission des litiges, and selection based on qualifications, seniority and family responsibilities. Affected workers receive priority for re-employment for one year. A mutually agreed termination requires genuine worker consent, in writing or otherwise provable, and any departure bonus is additional to statutory or collective entitlements. Economic unemployment can last up to three months and be renewed once. Technical unemployment can last up to six months including extensions, with compensation of one third of the categorical salary plus non-performance-based wage elements. At the end of employment, the employer must issue an employment certificate or certificat de travail. Retirement ages under Loi n°48-2024 are 60 for manœuvres, ouvriers and equivalent workers, 63 for agents de maîtrise, 65 for cadres and 70 for cadres hors catégorie. Earlier retirement can apply after the required contribution period at ages 57, 60, 63 and 65 respectively. An employer may request a postponement with the worker’s consent for up to two years. The minister has three months to approve it; after that period, approval is deemed granted.