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> GOVERNANCE - home > Employment protection legislation database - EPLex > Congo, Democratic Republic

Congo, Democratic Republic - Substantive requirements for dismissals


Substantive requirements for dismissals (justified and prohibited grounds) - Congo, Democratic Republic - 2019    

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Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 76 LC.
    Art. 62 LC as amended by Law No. 16/010 of 2016 provides that when the employer envisages a dismissal for reasons related to the worker's aptitude or conduct, the employer shall, before taking any decision, allow the worker to defend himself/herself or to explain himself/herself about alleged grounds for termination.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Art. 62 LC: dismissal shall be based on fair reasons ("motifs valables") related to the worker's conduct, worker's capacity or operational requirements of the undertaking.


Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; filing a complaint against the employer; race; colour; sex; religion; political opinion; social origin; nationality/national origin; trade union membership and activities; HIV status
Remarks:
  • See Art. 62 LC on invalid grounds for dismissal.
    See also Art. 1 LC: general provision on non-discrimination and Art. 234 LC on trade union activities.

    On HIV status, see Act no 08/011, 14 July 2008 on the protection of persons living with HIV/AIDS and affected persons (Loi n° 08/011 du 14 juillet 2008 portant protection des droits des personnes vivant avec le VIH/SIDA et des personnes affectées available at: http://www.leganet.cd/Legislation/Droit%20Public/SANTE/L.08.011.14.07.2008.htm) : HIV/AIDS status cannot be a cause for terminating an employment contract (Art. 21).
    The 2016 Law No. 16/010 amending the Labour Code explicitly includes HIV/AIDS status in the list of prohibited grounds for termination (Art. 62 LC).


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
Remarks:
  • - Workers' representatives:
    Mandatory approval by the Labour Inspector is required for any dismissal of a workers' representative ( full or alternate member): see Art. 258 LC.
    In addition, if such approval is granted, the notice period is twice the statutory notice period and cannot be less than 3 months.

    - Pregnant women /women on maternity leave: no special protection for pregnant women during the entire period of pregnancy (other than the prohibition of dismissal on the ground of pregnancy). However, dismissal is "per se" prohibited during maternity leave: Art. 130 LC.