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Occupational Safety and Health (OSH)
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Congo - 2015

Themes

  1. Description of national OSH regulatory framework
  2. Scope, coverage and exclusions
  3. Institutions and programmes relating to OSH administration and/or enforcement
  4. Employers’ duties and responsibilities to protect the safety and health of workers and others
  5. Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
  6. Employers’ duty to ensure availability of expertise and competence in health and safety
  7. Workers' rights and duties
  8. Consultation, collaboration and co-operation with workers and their representatives
  9. Specific hazards or risks
  10. Recording, notification and investigation of accidents/incidents and diseases
  11. OSH inspection and enforcement of OSH legislation

  • 1 Description of national OSH regulatory framework

    • 1.1 Description of OSH regulatory framework

      Summary/citation: In 1891, the former French region of Middle Congo became the Republic of the Congo.
      Following the idea on the separation of powers, the power in the Congo is divided into three branches, namely the executive, legislative and judicial branches.
      Congo-Brazzaville has a legal system substantively based on French civil law and Congolese customary laws.

      Congo’s Constitution recognizes for each citizen the right to work.
      (Article 24 of the Constitution)

      Each citizen has the duty to work for the common good, to fulfil his/her civic and professional obligations. They have a duty to work in the extent of his/her capacities and possibilities.
      (Article 46 of the Constitution)

      The main regulations protecting health and safety of workers are the following :
      - Loi n° 6-96 du 6 mars 1996 modifiant et complétant certaines dispositions de la loi n° 45/75 du 15 mars 1975 instituant un Code du Travail;
      - Loi n° 18 - 2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé;
      - Loi n° 31-2011 du 15 juillet 2011 instituant le système de sécurité sociale;
      - Décret no 200-29 du 17 mars 2000 portant composition et fonctionnement de la Commission nationale technique d'hygiène, de sécurité du travail et de prévention des risques professionnels.

  • 2 Scope, coverage and exclusions

  • 3 Institutions and programmes relating to OSH administration and/or enforcement

    • 3.1 Competent national authority for safety and health at work

      Yes.

      • 3.1.1 Objectives, roles and/or functions

        Summary/citation: Under the auspices of the Minister of Labour a National Commission on Safety, Hygiene and Occupational Risks shall be established to be in charge of hygiene, workers’ safety and occupational risks’ prevention.
        This committee is composed of an equal number of workers’ and employers’ representatives and of public servants and qualified experts.
        A decree sets up the composition and the internal functioning of the committee.
        (Labour Code, Art.131 - (Loi n°6-96)

        The Labour Administration is in charge of, under the auspices of the Minister of Labour and Social Welfare, ensuring the coordination and control of labour issues, employment promotion and welfare. It is particularly in charge of :
        - ensuring the implementation of rules and regulations
        - providing advises and recommendations to employers and workers
        - advising, coordinating and controlling services and organisms in charge of the application of Labour and Welfare regulations
        - collecting and updating statistics related to working and employment conditions.
        (Labour Code, Art. 149)

        The physician labour inspector is the assistant of the labour inspector to monitor legal provisions and regulations concerning sanitary and hygienic standards and medical service in companies.
        (Art.156-2 - (Loi n°6-96))

        An Advisory National Labour Council shall be established under the auspices of the Minister of Labour and Social Welfare. The Council is mainly in charge of studying labour issues and providing advice when needed.
        (Labour Code, Art. 169)

        • Loi n° 6-96 du 6 mars 1996 modifiant et complétant certaines dispositions de la loi n° 45/75 du 15 mars 1975 instituant un Code du Travail. (Art. 131 and Art. 156-2)

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 149 and Art. 169)

      • 3.1.2 Chairperson and composition

        Summary/citation: The National Labour Council is chaired by the Minister of Labour. It is a tripartite authority composed by an equal number of employers, workers and Public Administration’s representatives.
        (Labour Code, Art. 170 - (Loi n°6-96))

        The Labour Administration is composed by :
        - under the auspices of the Minister, a General Directorate of Labour and Welfare which belongs to the Central Directorate of the Workforce and Vocational Training;
        - Labour and Social Laws Inspectorates;
        - Employment agencies.
        The organisation and the internal functioning of the General Directorate of Labour and Welfare are set by a decree.
        A decree issued by the Minister of Labour and Welfare indicates the territories each Labour Inspectorate is responsible for.
        (Labour Code, Art. 149)

        • Loi n° 6-96 du 6 mars 1996 modifiant et complétant certaines dispositions de la loi n° 45/75 du 15 mars 1975 instituant un Code du Travail. (Art. 170)

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 149)

    • 3.2 National OSH research programme or institute

      Summary/citation: In the framework of its occupational risk prevention action, the social security authority is required to:
      - collect and publish every year, for different categories of establishments, all information necessary to establish statistics concerning occupational accidents and diseases and to take into account causes and circumstances in which they occurred, their frequencies and their effects, including duration and extent of resulting incapacities;
      - conduct or require investigations deemed useful to acquire data on general health and social conditions and hygiene and safety conditions of workers;
      - use every form of publicity and diffusion in order to promote in enterprises and with the population, prevention methods;
      - promote, through grants or loans, awareness of prevention.
      (Art. 17, Loi n° 18 - 2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé)

      The Social Security Agency may, according to the terms and conditions laid down by Regulations and after receiving the opinion of the Board, grant loans with a reduced-rate to companies to facilitate the implementation of measures with the purpose to ensure a better protection of workers.
      The Social Security Agency may also provide grants to enterprises or a group of enterprises to create and develop institutions, works or services which aim to improve or develop health or safety prevention methods.
      (Art. 18, Loi n° 18 - 2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé)

      In each workshop or construction site, a notice concerning main provisions about occupational accidents and diseases shall be posted by the head of the enterprise.
      The model of this notice shall be set by regulations.
      (Art. 19, Loi n° 18 - 2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé)

      • Loi n° 18-2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé. (Art. 17, Art. 18 and Art. 19)

    • 3.3 National OSH programme

      No data available.

      • 3.3.1 Consultation on the national OSH programme

        No data available.

  • 4 Employers’ duties and responsibilities to protect the safety and health of workers and others

    • 4.1 Duty to ensure the health and safety of employees

      Summary/citation: The apprentice’s supervisor shall employ the apprentice only for tasks relating to the profession and the apprentice’s work shall not exceed his/her forces.
      (Labour Code, Art. 14)
      The supervisor shall treat as a reasonable man (bonus pater familias) the apprentice and shall provide him/her with medical care and the best housing and food conditions.
      (Labour Code, Art. 15)

      For economic, demographic or social reasons and especially in the interest of public health or hygiene, the prohibition or limitation for certain categories of workers to be engaged in specific areas may be decided by decree.
      (Labour Code, Art. 28)

      • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 15 and Art. 28)

    • 4.2 Duty to protect the health and safety of people other than their own employees

      No data available.

    • 4.3 Collaboration among two or more employers at the same workplace

      Summary/citation: When the work is performed in workshops, stores or construction sites, the head of the enterprise is, in case of the sub-contractor’s insolvency, responsible for his/her obligations related to workers and the National Social Welfare Fund.
      (Labour Code, Art. 70)

      When an employment agency makes available workers to another enterprise, a contract shall be concluded in writing.
      The contract shall especially mention the nature of personal protective equipment that shall be used by the worker. If needed, the contract shall specify if the equipment shall be provided by the employment agency (5).
      (Labour Code, Art. 73-3)

      During the mission’s duration, the user enterprise is responsible for conditions in which the work is performed as provided by laws, regulations and agreements applicable to workplaces.
      In this case, working conditions include provisions regarding working hours, night work, weekly rest and holidays, hygiene and safety, women, children and young workers.
      According to terms provided by decree, obligations relating to occupational medicine are, under the responsibility of the user enterprise. Occupational medicine is insured by certified medical services.
      When the work performed by a temporary worker requires a special medical surveillance in accordance with regulations on occupational medicine, corresponding obligations are under the responsibility of the user enterprise.
      Personal protective equipment is provided by the user enterprise. However, some protective equipment specified by convention or collective agreement may be placed under the responsibility of the employment agency.
      Temporary workers shall not bear the costs of the personal protective equipment.
      (Labour Code, Art. 73-6)

      Remarks / comments: The article 70 of the Labour Code is provided in very general terms so we can consider that safety and health obligations are under the scope of application of this regulation.

      Employment agency means any natural or legal person, which provides services consisting of employing workers with a view to making them available to a third party, who may be a natural or legal person (user enterprise) which assigns their tasks and supervises the execution of these tasks.
      Thus, user enterprise refers to the third party, be it natural or legal person, to whom workers are made available by an employment agency.

      • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 70, Art. 73-3 and Art. 73-6)

    • 4.4 Surveillance of workers’ health in relation to work

      Summary / Citation: The apprenticeship contract is subject to approval by the labour inspector or his/her representative. The latter shall, in particular, require the production of a medical certificate dated within three months indicating that the future apprentice is fit for the work.
      (Labour Code, Art. 7)

      In each establishment, each morning a medical examination shall be carried out for workers who report themselves (or their legitimate wives and children) to be sick and request it, and if necessary, they shall receive care and treatment as well.
      For this purpose, a register of medical examinations is established; an order of the Minister of Labour shall specify its content.
      (Labour Code, Art. 145.- (Law No. 6-96))

      • Loi n° 6-96 du 6 mars 1996 modifiant et complétant certaines dispositions de la loi n° 45/75 du 15 mars 1975 instituant un Code du Travail. (Art. 145)

      • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 7)

      • 4.4.1 Specific hazards for which surveillance is required

        No data available.

    • 4.5 Surveillance of the working environment and working practices

      No data available.

    • 4.6 Duty to provide personal protective equipment

      No data available.

    • 4.7 Duty to ensure the usage of personal protective equipment

      No data available.

    • 4.8 Duty to provide first-aid and welfare facilities

      Yes.

      • 4.8.1 Arrangements for first-aid

        Summary / Citation: An order of the Minister of Labour and Social Welfare issued after consultation with the Advisory Committee on Occupational Safety and Hygiene sets conditions under which employers are under the obligation to establish and provide drugs, an infirmary, an area where bandages can be applied and a first aid kit.
        (Labour Code, Art. 148)

        The employer shall, immediately after the accident occurred:
        - provide first aid;
        - inform the company's physician or, failing that, the nearest doctor;
        - eventually evacuate the victim to the medical centre of the company or to the inter-company medical centre or, failing that, to the nearest medical establishment, let it be public or private.
        First aid cares are covered by the employer.
        (Art. 22, Loi n° 18 - 2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé)

        In case of illness of a worker or his/her wife or children living with him/her at the company’s expense, the employer is required to provide for free appropriate care and drugs in the limits set by the Labour Code.
        The employer is also required to provide for free food for every sick worker treated in the enterprise.
        (Labour Code, Art. 146)

        The employer shall evacuate to the nearest medical unit wounded and transportable patients who cannot be treated by means at its disposal.
        If the employer does not have immediate appropriate means, he/she shall report immediately to the nearest local authorities who shall evacuate the worker(s). All costs incurred shall be reimbursed by the employer according to official prices for medical transportation.
        (Labour Code, Art. 147)

        • Loi n° 18-2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé. (Art. 22)

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 118, Art. 146 and Art. 147)

      • 4.8.2 Sanitary installations

        Summary / Citation: The medical service and organization of clinics or infirmaries common to a group of companies may be established according to terms and conditions issued by order of the Minister of Labour and Welfare after consulting the labour and social laws inspector and the Hygiene and Safety Technical Advisory Committee.
        In this case, each company is still required to establish an infirmary with a separate room for emergencies in which the number of beds, equipment and supplies are issued by an order of the Minister of Labour and Welfare after consulting the Hygiene and Safety Advisory Technical Committee.
        (Labour Code, Art. 144)

        The apprenticeship contract shall provide wage, food and accommodation conditions for the apprentice.
        (Art. 6 of the Labour Code)

        In the case the worker has to move from the place of recruitment by the employer, the latter is under the obligation to accommodate the worker or to pay him/her a compensatory payment.
        In the case the worker cannot with his/her own resources, provide food to himself/herself and his/her family members, the employer has to open a company store under conditions of the article 103.
        ( Labour Code, Art. 81)

        Decrees issued after consultation with the National Advisory Commission on Labour shall set provisions that have to be filled by the accommodation provided by the employer concerning hygiene and the maximum rate of accommodation’s reimbursement.
        (Labour Code, Art. 83)

        Orders of the Minister of Labour and Social Welfare, issued after consultation with the Technical Advisory Committee of Health and Safety, shall set :
        a) general measures of protection and safety applicable to all enterprises or some special provisions for certain professions, concerning among others toilet facilities, washbasins and showers;
        b) measures relating to the organization and functioning in enterprises, institutions responsible for improving the implementation of regulations and occupational safety and health conditions and the protection of workers’ health.
        (Labour Code, Art. 137)

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 144, Art. 6, Art. 81 and Art. 137)

      • 4.8.3 Drinking water

        Summary / Citation: Orders of the Minister of Labour and Social Welfare, issued after consultation with the Technical Advisory Committee of Health and Safety, shall set :
        a) general measures of protection and safety applicable to all enterprises or some special provisions for certain professions, concerning among others drinking water;
        b) measures relating to the organization and functioning in enterprises, institutions responsible for improving the implementation of regulations and occupational safety and health conditions and the protection of workers’ health.
        (Labour Code, Art. 137)

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 137)

      • 4.8.4 Rest and eating areas

        No data available.

  • 5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

    • 5.1 Elements of an OSH management system

      Sometimes.

      • 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

        Summary/citation: The management of the company at the highest level shall consider the promotion of safety and the improvement of working conditions as an essential part of its functions.
        Each employer is required to adopt an occupational risk prevention policy included in the economic and financial policy of the company.
        The employer shall take all necessary or useful measures which aimed to prevent occupational risks.
        These measures include the establishment, acquisition and installation of equipment or material, workplaces’ layout and work organization.
        Orders of the Minister of Labour shall precise these provisions according to specific professional branches.

        • Loi n° 6-96 du 6 mars 1996 modifiant et complétant certaines dispositions de la loi n° 45/75 du 15 mars 1975 instituant un Code du Travail. (Art. 132-3)

      • 5.1.2 Appointment of a person for health and safety

        No data available.

      • 5.1.3 Written risk assessment

        Summary/citation: The draft of internal rules of the company is established by the employer. Its content concerns especially requirements on hygiene and safety necessary for the smooth functioning of the enterprise.
        Prior to enforce internal rules of the company, the manager has to share them with the trade union office if it exists for review and discussion. The manager has also to communicate it to the labour inspector who may require withdrawal or amendment of some provisions contrary to laws or regulations in force.
        An order from the Minister of Labour and Social Welfare issued after consultation with the National Advisory Committee on Labour, set terms and conditions of the communication, the display of internal rules of the company and the number of workers above which this document is mandatory.

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 75)

      • 5.1.4 Safe operating work systems and procedures

        Summary/citation: The enterprise shall be in a constant state of cleanness and ensure safety and hygiene conditions necessary for workers’ health.
        The enterprise shall be set in a way to ensure safety of workers.

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 132)

      • 5.1.5 Training and information on risks

        Summary/citation: Directives concerning occupational risks prevention are established for each workstation. These instructions shall be posted at the workstation.
        At the time of his/her hiring, every worker shall be given instructions by the employer. The labour inspector may authorize some exemptions for certain jobs exposing to minor risks.
        (Labour Code, Art. 132-4 (Act No. 6-96))

        The employer shall provide information and education to workers and members of occupational safety and health and risk prevention committees.
        (Labour Code, Art. 141-3 (Act No. 6-96))

        • Loi n° 6-96 du 6 mars 1996 modifiant et complétant certaines dispositions de la loi n° 45/75 du 15 mars 1975 instituant un Code du Travail. (Art. 132-4 and Art. 141-3)

      • 5.1.6 Review or assessment of the results of preventive measures

        No data available.

      • 5.1.7 Consultation with workers in health and safety

        No data available.

    • 5.2 Obligation to implement a specific OSH management system or standard

      No data available.

  • 6 Employers’ duty to ensure availability of expertise and competence in health and safety

    • 6.1 OSH competence

      Yes.

      • 6.1.1 Requirement to access expert advice and/or support in health and safety

        Summary / Citation: Every company or establishment shall provide a medical service to workers and their families’ members recognized as such by the National Welfare Fund.
        Companies which cannot provide adequate facilities shall join together to create multi-employer health services.
        Orders of the Minister of Labour and Welfare issued after consultation of the Hygiene and Safety Advisory Technical Committee and after consultation with the Minister of Health, sets the manner of implementation of this obligation. Orders also determine the manner in which are carried out periodic medical examinations.

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 142)

    • 6.2 Appointment of an OSH practitioner

      No data available.

      • 6.2.1 Workforce size threshold for the appointment of OSH practitioners

        No data available.

  • 7 Workers' rights and duties

    • 7.1 Duty to take reasonable steps to protect their own safety and health

      Summary / Citation: In the framework of the apprenticeship, the apprentice shall respect and obey his/her supervisor.
      The apprentice shall assist his/her supervisor to the extent of his/her capacity.

      • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 17)

    • 7.2 Duty to take reasonable steps to protect the safety and health of others

      No data available.

    • 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

      No data available.

    • 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

      No data available.

    • 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

      No data available.

    • 7.6 Duty to comply with OSH-related requirements

      No data available.

    • 7.7 Right to enquire about risks and preventive measures

      Summary / Citation: For the worker, one of the objectives of the probation period is to assess hygiene and safety conditions.

      • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 34)

    • 7.8 Right to remove themselves from a dangerous situation

      No data available.

    • 7.9 Right to be reassigned to non-hazard work

      No data available.

      • 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

        No data available.

  • 8 Consultation, collaboration and co-operation with workers and their representatives

  • 9 Specific hazards or risks

    • 9.1 Biological hazards

      No data available.

    • 9.2 Chemical hazards

      No data available.

      • 9.2.1 Handling, storage, labelling and use

        No data available.

      • 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

        No data available.

      • 9.2.3 Pesticides

        No data available.

    • 9.3 Ergonomic hazards

      No data available.

    • 9.4 Physical hazards

      Sometimes.

      • 9.4.1 Ionising radiation

        No data available.

      • 9.4.2 Vibration and noise

        Summary / Citation: Orders of the Minister of Labour and Social Welfare, issued after consultation with the Technical Advisory Committee of Health and Safety, shall provide for:
         a) general protection and safety measures applicable to all enterprises or some specific provisions for certain professions, especially concerning noise and vibration.

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 137)

      • 9.4.3 Working at height

        Summary / Citation: Scaffolding shall be provided with rigid balustrades of at least 90 centimetres.
        Stairs shall be resistant and supplied strong banisters.

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 133)

      • 9.4.4 Working in confined spaces

        No data available.

      • 9.4.5 Risks arising from poor maintenance of workplace facilities

        No data available.

      • 9.4.6 Exposure to extreme temperatures

        No data available.

      • 9.4.7 Fire risks

        Summary / Citation: Orders of the Minister of Labour and Social Welfare, issued after consultation with the Technical Advisory Committee of Health and Safety, shall provide for:
        a) general protection and safety measures applicable to all enterprises or some specific provisions for certain professions, especially concerning precautions that shall be taken in case of fire.

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 137)

      • 9.4.8 Tobacco

        Summary / Citation: The consumption of tobacco, in all its forms, is prohibited in places subject to public use, mainly places where health care is provided, educational premises and workplaces.
        (Art. 2, Loi n°12-2012 du 4 juillet 2012 relative à la lutte antitabac)

        Perpetrators of infractions indicated in articles 2 of this law are subject to sanctions ranging from the confiscation of products, to the payment of a fine from 6,000 to 12,000 CFA francs (from 10.34 to 20.68 USD approximately) and, in cases of recurrent offenses, fines may range from 12,000 to 24,000 CFA francs (from 20.68 to 41.36 USD approximately).
        (Art. 19, Loi n°12-2012 du 4 juillet 2012 relative à la lutte antitabac)

        • Loi n°12-2012 du 4 juillet 2012 relative à la lutte antitabac (Art. 2 and Art. 19)

      • 9.4.9 Asbestos

        No data available.

      • 9.4.10 Risks related to nanotechnology

        No data available.

      • 9.4.11 Contraction of HIV in the workplace

        Summary / Citation: Prevention of HIV is an obligation of all public and private institutions.
        Risky behaviours at workplaces shall be changed through communication in order to prevent contraction of HIV.

        Remarks / comments: The National Committee against HIV in its report concerning its reaction to the HIV and AIDS epidemic in Congo in 2009 provides for the strengthening of the fight against HIV/AIDS in workplaces. More information can be found here: http://www.ilo.org/aids/legislation/WCMS_126944/lang--en/index.htm

        • Loi n° 30-2011 du 3 juin 2011 portant lutte contre le VIH et le SIDA et protection des droits des personnes vivant avec le VIH. (Art. 8)

    • 9.5 Psychosocial hazards

      Sometimes.

    • 9.6 Other hazardous substances

      Summary / Citation: Workers who have to perform their work in wells, gas or water pipes, cesspools, or any devices which may contain deleterious gases, shall be attached with a belt or protected by another safety device.
      Wells shall be closed.
      Engines shall be isolated by safety barriers.
      Electrical machines shall all be equipped with a ground connexion.

      Orders of the Minister of Labour and Social Welfare, issued after consultation with the Technical Advisory Committee of Health and Safety, shall set :
      a) general measures of protection and safety applicable to all enterprises or some special provisions for certain professions, especially concerning lighting, ventilation, drinking water, toilet facilities, the evacuation of dust and vapours, washbasins and showers, noise and vibration, etc;
      b) measures relating to the organization and functioning in enterprises, institutions responsible for improving the implementation of regulations and occupational safety and health conditions and the protection of workers’ health.

      • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 137)

    • 9.7 Machineries

      Sometimes.

      • 9.7.1 Risks related to machinery and tools

        Summary / Citation: Any establishment or reconfiguration of enterprises, workshops, construction sites, workers’ camps, machines and production equipment’s warehouses shall be subject to the technical consultation with the labour inspector.
        Implementation modalities of this regulation shall be specified if needed.
        (Labour Code, Art. 132-2, (Loi n°6-96))

        The following moveable parts of transmission mechanics: connecting, engine flywheels, wheels, drive shafts, gears and cylinder shall be equipped with a protective device or are apart from workers, except if they are out of reach.
        The same proceeding is applicable for belts or cables on the workshop floor or operating on transmission pulley placed less than two meters above the ground.
        (Labour Code, Art. 133)

        • Loi n° 6-96 du 6 mars 1996 modifiant et complétant certaines dispositions de la loi n° 45/75 du 15 mars 1975 instituant un Code du Travail. (Art. 132-2)

        • Loi n° 4/86 du 25 février 1986 instituant le Code de sécurité sociale en République populaire du Congo. (Art. 133)

        Related CEACR Comments
        • Guarding of Machinery Convention, 1963 (No. 119) Observation 1990

      • 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

        No data available.

        Related CEACR Comments
        • Guarding of Machinery Convention, 1963 (No. 119) Observation 1990

      • 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

        No data available.

        Related CEACR Comments
        • Guarding of Machinery Convention, 1963 (No. 119) Observation 1990

      • 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

        Summary / Citation: It is forbidden to sell, lease or use machineries or some dangerous parts of machineries without appropriate protective devices supplied.
        These machineries or parts of the latters are set by a decree of the Minister of Labour and Welfare issued after consultation with the Advisory Health and Safety Committee.
        (Labour Code, Art. 135)

        The buyer of a machine or a part of a dangerous machine for workers, may, within one year from the day of the delivery, require the resolution of the sale.
        The Court shall decide if this resolution is accompanied or not by damages for the buyer.
        (Labour Code, Art. 136)

        Remarks / comments: It is likely that Art. 136 has to be interpreted in relation to Art. 135, that is the resolution of the contract could be requested whenever machinery is sold without appropriate protective devices

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 135 and Art. 136)

        Related CEACR Comments
        • Guarding of Machinery Convention, 1963 (No. 119) Observation 1990

      • 9.7.5 Maintenance of machinery and equipment

        No data available.

        • 9.7.5.1 List of equipment where applicable

          No data available.

    • 9.8 Provisions to protect workers in specific condition of vulnerability

      Sometimes.

      • 9.8.1 Protection of pregnancy at work

        Summary / Citation: Decrees issued after consultation with the National Advisory Commission on Labour shall set the works which are forbidden for women and pregnant women.
        (Labour Code, Art. 112)

        Every pregnant worker whose condition has been medically attested has the right to interrupt her work without notice and without having to pay compensation for the termination of the contract.
        Upon birth, every woman is entitled to interrupt work for a period of 15 consecutive weeks, being 9 taken after the birth. This interruption can be extended to another 3 weeks, in cases of attested disease resulting from the pregnancy. Such an interruption of work shall not be considered a valid reason for the termination of the contract.
        During this period, the woman shall not be dismissed.
        (Labour Code, Art. 113)

        It is forbidden for pregnant women to work during the 15 weeks of maternity leave.
        (Labour Code, Art. 114)

        The Labour and Social Laws Inspector may require the examination of women and children by a certified physician and to ensure that the work which they are performing is not beyond their physical capacities. Such an examination may be requested by the interested parties.
        (Labour Code, Art. 117)

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 112, Art. 113, Art. 114 and Art. 117)

      • 9.8.2 Protection of lactating women at work

        Summary / Citation: During a period of 15 months after the birth of the child, the female worker has the right to breastfeeding breaks.
        This break shall not exceed one hour per day, and can be divided in two smaller breaks of half an hour each.

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 115)

      • 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

        Summary / Citation: Decrees issued after consultation with the National Advisory Commission on Labour shall set which kind of work is forbidden for women and pregnant women.
        (Labour Code, Art. 112)

        Woman has same rights as man.
        (Constitution, Art 8)

        Decrees issued after consultation with the National Advisory Commission on Labour shall set provisions relating to the accommodation provided by the employer concerning hygiene and women and young women’s protection when they do not live with their family.
        (Labour Code, Art. 83)

        In factories, manufactures, mines, constructions sites, workshops and its undertakings, women shall not be employed to perform night work.
        When because of, exceptional economic circumstances and the general interest requires it, the women’s night work prohibition may be suspended on the proposal of the Minister of Labour and Welfare by decree. This decree shall be issued after consultation with the most representative workers and employers’ organization concerned.
        (Labour Code, Art. 108)
        The work performed between 8 pm and 5 am is considered as night work.
        (Labour Code, Art. 106)

        In industries where the work is performed with materials subject to a rapid transformation, this prohibition provided for in the first paragraph of Art. 108 may be temporally waived by means of simple notice.
        In this case, the heads of establishments shall inform the labour and social laws inspector before using the derogation.
        (Labour Code, Art. 110)

        The daily rest of women shall be at least 11 consecutive hours.
        (Labour Code, Art. 109)

        Permanent derogations may be granted by decree after consultation with the National Commission on Labour for women who perform their work in well-being and hygiene places and who do not perform normally a manual work.
        (Labour Code, Art. 111)

        The Labour and Social Laws Inspector may require the examination of women and children by a certified physician, to ensure that the work they are performing is not beyond their physical capacities. Such an examination may be requested by the interested parties.
        The woman or the child shall not be maintained in a job recognized to be beyond his/her forces and shall be assigned to a suitable job.
        If this is impossible, the employment contract shall be terminated with payment of an in lieu notice and, eventually, a severance pay.
        (Labour Code, Art. 117)

        • Constitution de la République du Congo du 20 janvier 2002 (Art. 8)

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 112 , Art. 83, Art. 108, Art. 106, Art. 110, Art. 109, Art. 111 and Art. 117)

      • 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

        Summary / Citation: The apprentice shall be at least 16 years old.
        They have the benefits of provisions concerning child labour, weekly rest, protection of workers, working time, safety and hygiene and compensation for occupational accidents.
        (Labour Code, Art. 11)

        Children shall not be employed in any enterprise, even as an apprentice, before the age of 16 subject to derogation issued by the Minister of National Education and after consultation with the labour inspector or his/her legal alternate.
        A decree issued after consultation with the National Advisory Commission on Labour shall set the nature of work and the categories of enterprises prohibited for children and related age-limits.
        (Labour Code, Art. 116)

        The Labour and Social Laws Inspector may require the examination of women and children by a certified physician, to ensure that the work they are performing is not beyond their physical capacities. Such an examination may be requested by the interested parties.
        The woman or the child shall not be maintained in a job recognized to be beyond his/her forces and shall be assigned to a suitable job.
        If this is impossible, the employment contract shall be terminated with payment of an in lieu notice and, eventually, a severance pay.
        (Labour Code, Art. 117)

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 11, Art. 116 and Art. 117)

        Related CEACR Comments
        • Minimum Age Convention, 1973 (No. 138) Observation 2021
        • Minimum Age Convention, 1973 (No. 138) Direct Request 2021
        • Night Work of Young Persons (Industry) Convention, 1919 (No. 6) Direct Request 2007

  • 10 Recording, notification and investigation of accidents/incidents and diseases

    • 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

      Sometimes.

    • 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

      Summary / Citation: The employer has to declare to the head of the National Social Welfare Fund or his/her representative within 48 hours any occupational accident or disease. Terms of this statement are issued by a special legislation applicable to occupational accidents and diseases.
      The declaration may be filled by the worker or his/her representative until the end of the second year following the date of the accident or the first medical diagnosis of the occupational disease.
      Concerning occupational disease, the date of the first medical diagnosis is considered as equivalent to the date of the accident in relation to the deadline to declare the disease.
      Copy of the occupational accident or disease declaration is sent to the Labour and Social Laws Inspectorate within the period specified in the first paragraph.
      (Labour Code, Art. 141)

      The victim of an occupational accident shall report to his/her employer or one of his/her representative within twenty-four hours except in cases of force majeure, exceptional circumstances or legitimate reasons. In case of death of the victim, the right-holders have the same obligation.
      The victim or the right holder shall report accidents which did not occurred at workplaces, the evidence of the accident and circumstances in which it occurred.
      (Art. 8, Loi n° 18 - 2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé)

      The employer has to declare to the Social Security Authority, within 48 hours any occupational accident or disease when the victims are enterprise’s workers. This period may be extended to 7 working days for a legitimate reason. In the case of an insured in mission abroad, the time limit is fifteen working days.
      If the employer fails to do so, the declaration may be filled by the worker or his/her representative until the end of the second year following the date of the accident or the first medical diagnosis of the occupational disease.
      A copy of the declaration shall be sent to the Social Security Agency and the Labour and Social Laws Inspectorate.
      (Art. 9, Loi n° 18 - 2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé)

      • Loi n° 18-2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé. (Art. 8 and Art. 9)

      • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 141)

      Related CEACR Comments
      • Labour Inspection Convention, 1947 (No. 81) Observation 2021
      • Labour Inspection Convention, 1947 (No. 81) Direct Request 2007

  • 11 OSH inspection and enforcement of OSH legislation

    • 11.1 Appointment of OSH inspectors

      Summary / Citation: Public servants of the Labour and Social Laws Inspectorate shall swear to faithfully and diligently perform their duties and to keep secret, even after the end of their service, trade secrets and in general, knowledge related to working processes which I could have acquired in the performance of theirs duties.
      They shall keep secret any denunciations by which a defect in the installation of hygiene or safety facilities or an infringement to laws or regulations come to their knowledge.
      (Labour Code, Art. 152)

      Public servants of the Labour Inspectorate shall not have any interest, direct or indirect, in enterprises under their control.
      (Labour Code, Art. 153)

      • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 152 and Art. 153)

    • 11.2 OSH inspectors’ powers

      Sometimes.

      • 11.2.1 Power to enter workplaces

        Summary / Citation: Labour and social laws inspectors have in the territory of their competence, the right to decide where and when to carry out inspections and controls according to the labour rules in force.
        They have the power to:
        - enter freely without prior notice, at any time during the day, in establishment under their controls where they have a reasonable cause to believe that there are workers and to inspect them;
        They shall inform at the beginning of the inspection, the employer or his/her representative which may accompany the inspector;
        - enter freely during the night in premises where collective night work is usually performed.
        The employer shall ensure that the Labour and Social Laws Inspector has a free access to the enterprise in any cases even if it is an unexpected visit or the employer is absent.

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 155)

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2021
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2007

      • 11.2.2 Power to inspect and carry out any examination, test or enquiry

        Summary / Citation: The labour inspector has also the right to:
        c) require, if necessary, opinions and consultations from physicians and technicians concerning hygiene and safety issues. Physicians and technicians shall be subject to professional secrecy in the same conditions as labour and social laws inspectors;
        d) to be accompanied during their inspection by certified interpreters, union office’ members of the enterprise or physicians and technicians;
        e) conduct all examinations, controls or investigations necessary to their missions to ensure that labour and social security regulations are enforced and, in particular:
        1) to interview, either privately or in the presence of witnesses the employer or workers of the enterprise, to verify their identity and to require information from any person whose testimony seems necessary;
        2) to require any record or document which is mandatory;
        3) to take away in the presence of the head of the enterprise/ establishment or his/her representative and against receipt, any samples of used or handed materials or substances;
        4) to convene by a formal notice any employer or worker at the Labour Inspectorate, in case of any refusal to comply in a reasonable delay, the inspector may keep a written record.

        In mines and quarries and workplaces where the work is under the control of a technical service, public servants responsible for this control shall ensure that facilities under their control are established to ensure workers' safety.
        They shall ensure application of special rules and provide to this effect powers of labour and social laws inspectors.
        They shall inform the labour and social laws inspector about measures they have required and formal notices issued.
        At any time, the labour and social laws inspector may request and perform with these public servants the visit of mines, quarries, construction sites, workplaces and facilities subject to their control.
        In military establishments where civil workers are employed and in which the interests of national defence does not allow the control of an external agent, the control of labour regulations is performed by public officers appointed for this purpose.
        (Labour Code, article 158)

        Restrictions / obligations: The statute of civil servants responsible to control safety and health in mines is established in the Mines Code.

        • Loi n°4-2005 du 11 avril 2005 portant Code minier.

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 155)

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2021
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2007

      • 11.2.3 Power to investigate

        Summary / Citation: Judicial police officers labour and social laws inspectors, certified agents of the Social Security Authority are permanently authorized to investigate occupational accidents.
        (Art. 11 : Loi n° 18 - 2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé)

        An investigation carried out by the Social Security Authority helps to confirm evidences provided by the employer, the victim and his/her right-holders.
        (Art. 10 : Loi n° 18 - 2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé)

        Judicial police officers, labour and social laws inspectors, certified agent of the Social Security Authority are permanently authorized to investigate occupational accidents.
        (Art. 11 : Loi n° 18 - 2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé)

        The investigation is based on the principle that both parties shall have the right to be heard. Witnesses are heard by the investigator in the presence of the victim or his/her right holders and the employer.
        The victim may be assisted by any person of his/her choice. In case of death, this right belongs to his/her right holders.
        When the victim is unable to attend the investigation, the investigator has to visit the victim to hear his/her testimony.
        (Art. 13 : Loi n° 18 - 2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé)

        The investigator is under the obligation to collect any information which could establish the cause, circumstances of time and place of the accident and, eventually, the presence of misconduct likely to influence the accident’s reparation.
        In case of an accident occurred when the worker was on the road to work, evidence shall be record carefully to establish, if needed, reasons which could have forced the victim to interrupt or divert his/her course.
        These elements are the following:
        - the victim’s identity;
        -the nature of injuries;
        -the existence of right-holders, their identity and their residence;
        -the professional category, the grade of the victim when the accident occurred and any others element which may help to fix the basic wage to calculate daily allowance and income.
        (Art. 14 : Loi n° 18 - 2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé)

        In order to collect elements listed at the article 14 of the law, the investigator may investigate the undertaking’s headquarters or any establishment that employed the victim, and, when appropriate, collect information on previous occupational accidents and for each of them:
        - the date on which it occurred;
        -the date of recovery or stabilization of injuries, if the result is a permanent disability;
        - the disability rate;
        - the date and amount of the sum allocated;
        - the starting date of this payment;
        - the debtor of the payment.
        The victim shall indicate if she/he receives an armed services invalidity pension or a civil war pension.
        (Art. 15 : Loi n° 18 - 2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé)

        The investigator shall record results of the investigation in a written report in duplicate which shall be deemed authentic until proved otherwise.
        The inspector sends both copies of the written report with the file related to the requesting service within 21 working days. The labour inspector may join any element considered as useful.
        If the time limit is exceeded, the investigator shall explain circumstances that caused the delay.
        (Art. 16 : Loi n° 18 - 2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé)

        • Loi n° 18-2012 du 22 août 2012 portant institution du régime des risques professionnels et des pensions des travailleurs du secteur privé. (Art. 11, Art. 10, Art. 13, Art. 14, Art. 15 and Art. 16)

      • 11.2.4 Duty to provide advice on OSH

        No data available.

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2021
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2007

    • 11.3 OSH inspectors’ enforcement powers

      Sometimes.

      • 11.3.1 Power to issue orders or notices

        Summary / Citation: Regarding the application of orders provided for in the article 137 of the Labour Code, labour inspectors shall require through a formal procedure employers to comply with the applicable provisions.
        (Labour Code, Art. 138)

        The formal notice procedure has to be made in writing either on the employer's register, either by registered letter with an acknowledgement of receipt. It shall be dated and signed.
        It specifies the infringements or risks observed and establishes deadlines for the execution. This deadline shall be at least 4 days except in cases of extreme emergency.
        (Labour Code, Art. 139)

        When working conditions are dangerous for the safety or health of workers and this situation is not covered by orders, the employer is required by the labour inspector to remedy this situation following the procedure sets by the article 139 of the Labour Code.
        However, before expiry of the deadline set by the labour and socials laws inspector, and at least within 8 days after the formal notice, the employer may submit a complaint to the minister in charge of labour and welfare.
        This complaint has suspensive effects. After investigation, it is subject to the National Advisory Committee on Labour, which may hear the claimant.
        The minister's decision shall be notified to the employer and the inspector.
        (Labour Code, Art. 140)

        Labour and social laws inspectors and public servants of the Labour Control Office determine infringements of labour legislation in written statement which shall be deemed authentic until proved otherwise.
        All formal notices shall be notified to the interested party or his/her representative by a certified copy. In any cases, the employer is required to comply with regulatory and legal obligations.
        This notification shall be done within 15 days as from the date when the infringement was determined either by registered letter with an acknowledgment of receipt either directly against a receipt dated and signed. When this procedure is not followed, any related prosecution shall be null.
        If non-compliance persists after the deadline, the labour inspector shall write a detailed report and send it to the Regional Director.
        A copy of the formal notice shall be sent to the Public Prosecutor, the General Head of Work and Welfare and another copy is classified in Labour Inspectorate’s archive.
        Persons empowered to issue a formal notice shall be informed of the judicial follow-up of the written statement by the prosecutor.
        (Labour Code, Art. 154)
        (Labour Code, Art.154-1.- (Law No. 6-96))
        (Art.154-2.- (Law No. 6-96))

        In case the same violation was committed several times, the Regional Director of Labour shall document the infringements and any other relevant occurrences. Imprisonment shall be imposed in that case. The prosecutor shall inform the Ministry of Labour of the decision within 30 days as from the date of the judgment.
        (Art.154-3.- (Loi n°6-96))

        However, before expiry of the deadline set by the labour and social laws inspector, and at least within 8 days after the formal notice, the employer may submit a complaint to the General Director of Labour. This complaint has suspensive effects.
        The decision is notified to the interested party within 10 days as from the receipt of the complaint.
        Beyond the deadline, the violation is presumed to be confirmed.
        (Art.154-4.- (Loi n°6-96)

        • Loi n° 6-96 du 6 mars 1996 modifiant et complétant certaines dispositions de la loi n° 45/75 du 15 mars 1975 instituant un Code du Travail. (Art. 154-1, Art. 154-2, Art. 154-3 and Art. 154-4)

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 138, Art. 137, Art. 139, Art. 140, Art. 154 )

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2021
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2007

      • 11.3.2 Power to impose financial penalties

        No data available.

      • 11.3.3 Power to revoke or suspend licenses or authorisations

        No data available.

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2021
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2007

      • 11.3.4 Power to require the cessation of dangerous work

        No data available.

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2021
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2007

      • 11.3.5 Power to initiate prosecutions

        No data available.

      • 11.3.6 Power to conduct prosecutions

        No data available.

      • 11.3.7 Other enforcement powers

        No data available.

    • 11.4 Application of sanctions by courts

      Sometimes.

      • 11.4.1 Financial penalties for legal persons

        Summary / Citation: Persons contravening article 74 of the Labour Code (concerning the obligation to establish an internal rules of the company) and to article 75 (concerning provisions which shall be in the internal rules of the company) shall be punished by a fine from 10.000 FCFA to 20.000 FCFA (from 17.26 to 34.52 USD approximately) and in case of recurrent offense from 20.000 FCFA to 36.000 FCFA (from 34.52 to 62.16 USD approximately).
        (Labour Code, Art. 251 - (Loi n°6-96))

        Persons contravening article 117 (2) (concerning the obligation that a woman or a child shall not be maintained in a job recognized to be beyond his/her forces and shall be assigned to a suitable job) and article 141 (1 and 4) (concerning the obligation of the employer to declare to the head of the National and Social Security Fund or his/her representative within 48 hours any occupational accident or disease) and employers who do not maintain safety, medical examinations and diseases register are punished by a fine from 15.000 FCFA to 25.000 FCFA (from 25.90 to 48.18 USD approximately) and in case of recurrent offense from 25.000 FCFA to 100.000 FCFA (from 48.18 to 172.67 USD approximately).
        (Labour Code, Art. 252 - (Loi n°6-96))

        Persons contravening
        a) articles 108 (concerning the prohibition of night work for women), 109 (concerning rest periods for women), 113 and 114 (concerning protection of pregnant women), 142 (related to the obligation for the employer to provide a medical service), 143, 155 (concerning the powers of the inspectors);
        b) decrees issued according to article 28 (about the prohibition to employ certain categories of workers in some areas), 112 (concerning the kind of work prohibited to women), 116 (concerning the prohibition of child labour), 137 (orders of the Minister of Labour and Social Welfare, issued after consultation with the Technical Advisory Committee of Health and Safety) and 173 (concerning the obligation to establish workers’ delegates in the enterprise);
        are punished by a fine from 36.000 FCFA to 100.000 FCFA from 62.05 to 172.67 USD approximately) and in case of recurrence from 60.000 FCFA to 200.000 FCFA (from 103.44 to 345.34 USD approximately).
        In the case of infringement of the article 116 of the Labour Code, if the infringement is due to a mistake concerning the age of the child at the time of the establishment of the worker’s card, penalties are not applied.
        (Labour Code, Art. 254 (Loi n°6-96))

        Persons who voluntary made a false occupational accident or disease statement or who contravened article 4 concerning forced labour are punished by a fine from 600.000 FCFA to 900.000 FCFA (from 1,034.86 to 1,552.29 USD approximately) and in case of recurrence by a fine from 900.000 à 1.100.000 FCFA (from 1,552.29 to 1,897.30 USD approximately).
        (Labour Code, Art. 257 (Loi n°6-96))

        a) Persons contravening articles 132 and 133 (concerning safety and hygiene conditions in enterprises), 135 (related to the prohibition to use dangerous machines which may affect health of workers), 140 (related to notices issued by the labour inspector to remedy dangerous working conditions), 141 (related to occupational accident declaration), 146 and 147 (related to the duty of care of the employer);
        b) persons contravening decree issued according to article 137, 142 and 148;
        are punished by a fine from 900.000 FCFA to 1.500.000 FCFA (from 1,552.10 to 2,586.60 USD approximately) and in case of recurrence from 1.500.000 to 2.000.000 FCFA (from 2,586.60 to 3,448.80 USD approximately).
        (Labour Code, Art. 257-5 - (Loi n°6-96)

        • Loi n° 6-96 du 6 mars 1996 modifiant et complétant certaines dispositions de la loi n° 45/75 du 15 mars 1975 instituant un Code du Travail. (Art. 251, Art. 252, Art. 254, Art. 257 and Art. 257-5)

      • 11.4.2 Financial penalties for natural persons

        Summary / Citation: Persons contravening article 74 of the Labour Code (concerning the obligation to establish an internal rules of the company) and to article 75 (concerning provisions which shall be in the internal rules of the company) shall be punished by a fine from 10.000 FCFA to 20.000 FCFA (from 17.26 to 34.52 USD approximately) and in case of recurrent offense from 20.000 FCFA to 36.000 FCFA (from 34.52 to 62.16 USD approximately).
        (Labour Code, Art.251 - Loi n°6-96))

        Persons contravening article 117 (2) (concerning the obligation that a woman or a child shall not be maintained in a job recognized to be beyond his/her forces and shall be assigned to a suitable job) and article 141 (1 and 4) (concerning the obligation of the employer to declare to the head of the National and Social Security Fund or his/her representative within 48 hours any occupational accident or disease) and employers who do not maintain safety, medical examinations and diseases register are punished by a fine from 15.000 FCFA to 25.000 FCFA (from 25.90 to 48.18 USD approximately) and in case of recurrent offense from 25.000 FCFA to 100.000 FCFA (from 48.18 to 172.67 USD approximately).
        (Labour Code, Art.252 - Loi n°6-96))

        Persons contravening
        a) articles 108 (concerning the prohibition of night work for women), 109 (concerning rest periods for women), 113 and 114 (concerning protection of pregnant women), 142 (related to the obligation for the employer to provide a medical service), 143, 155 (concerning the powers of the inspectors);
        b) decrees issued according to article 28 (about the prohibition to employ certain categories of workers in some areas), 112 (concerning the kind of work prohibited to women), 116 (concerning the prohibition of child labour), 137 (orders of the Minister of Labour and Social Welfare, issued after consultation with the Technical Advisory Committee of Health and Safety) and 173 (concerning the obligation to establish workers’ delegates in the enterprise);
        are punished by a fine from 36.000 FCFA to 100.000 FCFA from 62.05 to 172.67 USD approximately) and in case of recurrence from 60.000 FCFA to 200.000 FCFA (from 103.44 to 345.34 USD approximately).
        In the case of infringement of the article 116 of the Labour Code, if the infringement is due to a mistake concerning the age of the child at the time of the establishment of the worker’s card, penalties are not applied.
        (Labour Code, Art.254 - Loi n°6-96))

        a) Persons contravening articles 132 and 133 (concerning safety and hygiene conditions in enterprises), 135 (related to the prohibition to use dangerous machines which may affect health of workers), 140 (related to notices issued by the labour inspector to remedy dangerous working conditions), 141 (related to occupational accident declaration), 146 and 147 (related to the duty of care of the employer);
        b) persons contravening decree issued according to article 137, 142 and 148;
        are punished by a fine from 900.000 FCFA to 1.500.000 FCFA (from 1,552.10 to 2,586.60 USD approximately) and in case of recurrence from 1.500.000 to 2.000.000 FCFA (from 2,586.60 to 3,448.80 USD approximately).
        (Labour Code, Art.257-5 - (Loi n°6-96))

        Persons who voluntary made a false occupational accident or disease statement or who contravened article 4 concerning forced labour are punished by a fine from 600.000 FCFA to 900.000 FCFA (from 1,034.86 to 1,552.29 USD approximately) and in case of recurrence by a fine from 900.000 à 1.100.000 FCFA (from 1,552.29 to 1,897.30 USD approximately).
        (Labour Code, Art. 257 (Loi n°6-96))

        Persons who opposed or tried to oppose to the performance of public servants of the Labour Inspectorate’s duties are punished by a fine from 500.000 FCFA to 1.000.000 FCFA (from 862.661 to 1,725.32 USD approximately) and in case of recurrence by a fine from 1.000.000 FCFA à 2.000.000 FCFA (from 1,725.32 to 3,451.09 USD approximately).
        (Labour Code, Art.258 - Loi n°6-96)

        Heads of enterprise are civilly liable for sanctions imposed to their representatives and workers.
        (Labour Code, Art. 261)

        • Loi n° 6-96 du 6 mars 1996 modifiant et complétant certaines dispositions de la loi n° 45/75 du 15 mars 1975 instituant un Code du Travail. (Art. 251, Art. 252, Art. 254, Art. 257, Art. 257-5, Art. 258)

        • Loi n° 45-75 instituant un Code du travail de la République populaire du Congo. (Art. 261)

      • 11.4.3 Non-financial sanctions

        No data available.

      • 11.4.4 Criminal liability

        Summary / Citation: In case the same violation was committed several times, the Regional Director of Labour shall document the infringements and any other relevant occurrences. Imprisonment shall be imposed in that case. The prosecutor shall inform the Ministry of Labour of the decision within 30 days as from the date of the judgment.
        (Art.154-3 - (Loi n°6-96))

        Persons who voluntary made a false occupational accident or disease statement or who contravened article 4 concerning forced labour shall be punished with one month imprisonment when the same violation was committed several times.
        (Labour Code, Art.257 - (Loi n°6-96))

        Persons contravening
        a) articles 108 (concerning the prohibition of night work for women), 109 (concerning rest periods for women), 113 and 114 (concerning protection of pregnant women), 142 (related to the obligation for the employer to provide a medical service), 143, 155 (concerning the powers of the inspectors);
        b) decrees issued according to article 28 (about the prohibition to employ certain categories of workers in some areas), 112 (concerning the kind of work prohibited to women), 116 (concerning the prohibition of child labour), 137 (orders of the Minister of Labour and Social Welfare, issued after consultation with the Technical Advisory Committee of Health and Safety) and 173 (concerning the obligation to establish workers’ delegates in the enterprise);
        shall be punished with imprisonment from 12 to 20 days in case the same violation was committed several times.
        (Labour Code, Art.254 - (Loi n°6-96))

        Persons who oppose or try to oppose recurrently to the performance of the Labour Inspectorate’s functions shall be punished with imprisonment from 2 to 6 months.
        Criminal Code’s provisions which provide and punish acts of resistance, violence and insults against police officers are applicable to protect labour inspectors and controllers.
        (Labour Code, Art.258 - (Loi n°6-96))

        • Loi n° 6-96 du 6 mars 1996 modifiant et complétant certaines dispositions de la loi n° 45/75 du 15 mars 1975 instituant un Code du Travail. (Art. 154-3, Art. 257, Art. 254 and Art. 258)

      • 11.4.5 Terms of imprisonment for natural persons

        Summary / Citation: Min. 12 days
        Max. 6 months

References

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