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Congo, Democratic Republic of the - Minimum Wages - 2011


LAST UPDATE

30 May 2011.
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SOURCES


Name of Act

Act 015/2002, 16/10/2001, Labour Code.

Name of Act

Ordonnance 08/040, 30/04/2008, fixing the minimum wage.

Name of Act

Circular Note n.12, 01/2009, determining the payment of the total amount of the minimum wage.

LEGAL DEFINITIONS


Employee/worker

Every natural person with age to be hired, no matter the sex, civil state or nationality, engaged in exercising his/her professional activity, receiving for that a remuneration, under the authority of a natural or moral person, public or private, linked by an employement contract.
Act 015/2002, 16/10/2001, Labour Code. §7 a)

Employer

Every natural or moral person of public or private law, making use of the services provided by one or more workers by means of an employment contract.
Act 015/2002, 16/10/2001, Labour Code. §7 b)

Wage

The representative sum of gains susceptible of being assessed in cash and fixed by an agreement or by legal provisions due by means of an employement contract from an employer to a worker.
Act 015/2002, 16/10/2001, Labour Code. §7 h)

MINIMUM WAGE FIXING


Procedure


Procedure in general

A decree issued by the President of the Republic , after having considered the proposal from the Minister of Labour and Social Security, and after having consulted the National Labour Council, shall fix the minimum interprofessional wages, as well as the minimum family benefits, and failing collective agreements to do so, the minimum wage for the professional categories.
Act 015/2002, 16/10/2001, Labour Code. §87

Government decides after consultation of the social partners

A decree issued by the President of the Republic , after having considered the proposal from the Minister of Labour ans Social Security, and after having consulted the National Labour Council, shall fix the minimum interprofessional wages, as well as the minimum family benefits, and failing collective agreements to do so, the minimum wage for the professional categories.
Act 015/2002, 16/10/2001, Labour Code. §87

Criteria


Needs of workers and their families

The minimum wage shall be fixed taking into account the need of the workers and their family, comprehending the father, the mother, and the number of children under their charge, determined by the Decree forseen by art. 96 below.
Act 015/2002, 16/10/2001, Labour Code. §95(1)

Cost of living

The minimum wage shall be readjusted taking into account the evolution of the consumer prices.
Act 015/2002, 16/10/2001, Labour Code. §97(1)

Coverage


Scope

The present Order fixes the minimum interprofessional wage, family benefits, and the exchange value of accomodation. It shall also regulate the remunerations not in accordance with the legal provisions
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §1
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Level

The daily minimum interprofessional wage (SMIG) shall be of 1.680 FC (Congolese Francs) for the ordinary worker.
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §2

Minimum wage level(s) in national currency

The daily minimum interprofessional wage (SMIG) shall be of 1.680 FC (Congolese Francs) for the ordinary worker.

The minimum interprofessional wage fixed in art. 2 of the present Order shall be payed in two parts, as follows:

a) 1.120 Congolese Francs from the 1st of July 2008, according to Annex 1;
b) the total amount of 1.680 Congolese Francs from the 1st of July 2009, according to Annex 2.
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §2, 3

Last minimum wage update

January 2009.

The minister of Labour and Social Security determines:
1. that the second part of the minimum interprofessional wage (the total amount of 1.680 Congolese Francs) is to be paid from January 2009, according to the Order of the President of the Republic n. 08/040, 30/04/2008.
Circular Note n.12, 01/2009, determining the payment of the total amount of the minimum wage. §1

Rate of payment

The weekly, monthly and annual amount of the minimum wage shall be obtained, multiplying the above mentioned amount respectively by 6, 26 and 312.

Therefore:
Weekly: 10.080 FC
Monthly: 43.680 FC
Annual: 524.160 FC
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §8

» Daily

1.680 Congolese Francs
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §2

» Weekly

Weekly: 10.080 Congolese Francs
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §8

» Monthly

Monthly: 43.680 Congolese Francs
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §8

» Other

Annual: 524.160 Congolese Francs
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §8

Scheduled frequency of adjustment

The Tripartite Comission to assess the minimum wage, created by the Decree n. 79/2002, from 03/07/2002, shall gather in the beginning of every year to analyse the possibility of an eventual readjustment.
Ordonnance 08/040, 30/04/2008, fixing the minimum wage. §12

Results generated on: 20th October 2014 at 23:11:06.
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