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Congo - Working time - 2011


LAST UPDATE

27 May 2011
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SOURCES


Name of Act

Ordinance No. 1860 of 5 October 1995 on the working conditions of domestic workers

Name of Act

Ordinance No. 79/154 to fix public holidays,
dated 23 June 1979

Name of Act

Labour Code,
Act No. 45/75, dated 15 March 1975, as amended to 6 March 1996
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NORMAL HOURS LIMITS


Daily hours limit


General limit

No general daily hours limit.
Historical data (year indicates year of data collection)
  • 2009: No general daily hours limit.

Special categories


» Night work

The working time for night work cannot exceed 8 consecutive hours.
Labour Code §108(1)

Weekly hours limit


General limit

In every public or private non-rural establishment, as well as those directed to education or charity, the working time of employees and workers, of any sex, of every age, working by time, task, or piece, cannot exceed 40 hours per week.
Labour Code §105(1)
Historical data (year indicates year of data collection)
  • 2009: 40 hours
  • 2007: 40 hours
  • 1995: 48 hours.

Exceptions

Exceptions to the legal working time limit can be conceeded in the conditions that shall be established by a decree issued after having consulted the national consultative comission for labour.
Labour Code §105(3)

Special categories


» Domestic work

For domestic workers, 40 hours normal working time equals a weekly on-call working time of 60 hours.
Ordinance No. 1860 §6

OVERTIME WORK


Criteria for overtime


General

The hours worked after the legal working time limit entitle the worker to a pecuniary compensation.
Labour Code §105(5)

Limits on overtime hours


General limits

(No general statutory limit.)
Historical data (year indicates year of data collection)
  • 1995: Maximum permissible length of overtime and rates are fixed by decree for each branch of activity and occupational category.

Compensation for overtime work


Overtime rate(s)

The hours worked after the legal working time limit entitle the worker to a pecuniary compensation.
Labour Code §105(5)
Historical data (year indicates year of data collection)
  • 2009: Increased rate (unspecified)
  • 2007: Increased rate (unspecified)
  • 1995: Maximum permissible length of overtime and rates are fixed by decree for each branch of activity and occupational category.

Special categories


Domestic work

Work exceeding 40 hours per week (or 60 hours on-call work) is regarded as overtime, to be remunerated by an additional 10% for the first 5 hours, 25% for any additional hours (50% in case of night work - 20.00-05.00h).
Ordinance No. 1860 §6

REST PERIODS


Rest breaks


General provisions

(No general statutory provisions on rest breaks.)
Historical data (year indicates year of data collection)
  • 1995: No legal provision.

Daily rest periods


Duration

(No general statutory provisions on daily rest.)
Historical data (year indicates year of data collection)
  • 1995: No general daily rest. 11 consecutive hours for women.

Special categories


» Young workers

Night rest for children (not defined) has to amount to at least 11 consecutive hours, including the time between 08.00 p.m. and 05.00 a.m.
Labour Code §109

» Women

Night rest for women has to amount to at least 11 consecutive hours, including the time between 08.00 p.m. and 05.00 a.m.
Labour Code §109

» Domestic work

For young domestic workers the daily rest period must at least amount to 11 horus.
Ordinance No. 1860 §6

Weekly rest periods


Duration


» General

The weekly rest period is compulsory. It shall be of at least 24 consecutive hours per week. Preferably sundays.
Labour Code §118(1)
Historical data (year indicates year of data collection)
  • 2009: 24 consecutive hours of weekly rest are compulsory.
  • 1995: 24 consecutive hours.

Day specified


» General

The weekly rest period is compulsory. It shall be of at least 24 consecutive hours per week. Preferably sundays.
Labour Code §118(1)

Special categories


» Domestic workers

1 day weekly rest per week, or 2 half-days, or 1,5 days per week plus one entire day each 14 days.
Compensation for work on weekly rest days: 50% increase, in case of night work on weekly rest days: 100% increase.
Ordinance No. 1860 §6, 7

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

The right to paid annual leave is acquired after 12 months of effective service.
Labour Code §120(1)

Duration


» General

Unles there are more favourable clauses in the employment contract or in the collective agreement, the worker is entitled, after one year of service, to 26 working days of annual leave paid by the employer.
Labour Code §119(1)
Historical data (year indicates year of data collection)
  • 2009: 26 weekdays minimum
  • 2007: 26 weekdays minimum
  • 1995: 26 working days.

» Exceptions

The duration is increased with regard to seniority of a worker in the enterprise, as provided by regulations or collective agreements in force.
Labour Code §119

Payment


» Amount

At least the remuneration which the employee received in average during the 12 months preceding the annual leave.
Labour Code §122

» Date of payment

The total amount has to be paid on the day on which the worker is going on leave.
Labour Code §122

Special categories


» Domestic work

26 working days after 12 months of service.
The leave period is prolonged with regard to seniority, up to 8 days after 25 years of service.
Ordinance No. 1860 §8, 11

NIGHT WORK


Criteria for night work

Work performed between 08.00 pm and 05.00 am. May not exceed 8 consecutive hours.
Labour Code §106; 108

Limits


Daily hours limit

The working time of night work cannot exceed 8 consecutive hours.
Labour Code §108(1)

Special categories


Young workers

11 hours of daily rest including the night period (20:00-05.00)
Labour Code §108

Pregnant workers/recent birth

11 hours of daily rest including the night period (20:00-05:00)
Labour Code §108

Women

Women may not be employed at night work in factories, manufactures, mines, quarries, building sites and workshops.
In case of exceptional economic conditions, and where public interests so requires, the prohibition of night work for women may be suspended upon proposal of the Labour Minister.
Temporary exceptions are authorised in industries where it may be necessary to save substances liable to quick deterioration, upon prior notice of the Labour Inspector.
Labour Code §108, 110

SHORT-TIME WORK/WORK-SHARING


General provisions

"Economic unemployment" (chômage économique) is a measure to suspend an employment contract for economic reasons.
It must be authorized by the regional labour director.
During the short-time work the employer cannot reduce the weekly working time of the remaining employees nor employ additional workers.
The employer has to remunerate the employees by at least 1/3 of their salary.
Labour Code §47(3)-(6), (12), (13)

Results generated on: 03rd September 2014 at 06:36:36.
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