Congo, Democratic Republic of the - Working time - 2011
LAST UPDATE
01 June 2011.
Remarks: The following professional categories are excluded from the scope of the Labour Code: judges, agents from the public service of the State ruled by the general statute, agents and officials from the public service of the State ruled by particular statutes, members of the Armed Forces of Congo, of the National Congo Police and from the National Service. The Labour code shall apply to the seafarers only if the case of silence the specific acts regulating their activities or whenever these acts say expressely remit to the labour code.
SOURCES
Name of Act
Labour Code, Law No. 015/2002, dated 16 October 2002 (Journal officiel, 2002-10-25, Special issue, pp. 4-80)
Remarks: Applicable to all workers and employers, including the public sector, as well as to seafarers and persons employed in inland navigation, if they are not covered by specific legislation. It does not apply to judges; public servants governed by specific legislation; the armed forces; the national police; and the military service. Labour Code §1
Name of Act
Order No. 68/11 issuing regulations on hours of work and payment for overtime, of 17 May 1968
Remarks: The Order applies to the public and private sectors and covers apprenticeships, It does not apply to home workers, managerial staff, staff who work without supervision or seagoing personnel.
Name of Act
Order No. 68/12 on work on the weekly rest day, of 17 May 1968 Coverage:
Remarks: The Order applies to the public and private sectors and covers apprenticeships, The Order does not apply to home workers, managerial staff, staff who work without supervision or seagoing personnel, Order No. 68/12 on work on the weekly rest day §1, 2
Name of Act
Order No. 68/14 on night work remuneration, of 17 May 1968
Remarks: The Order applies to the public and private sectors and covers apprenticeships. It does not apply to home workers, managerial staff, staff who work without supervision or seagoing personnel. Order No. 68/14 on night work remuneration §1, 2
Name of Act
Ordinance No. 79/154 to fix public holidays, of 23 June 1979
The period from the time that the worker is at the disposal of the employer at the workplace until the end of his or her services, in accordance with the hourly schedule applicable in the undertaking. Does not include the journey to and from the workplace, unless that period is inherent in the work.
Labour Code §119(2)-(3)
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.
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.
Labour Code §7 b)
Overtime/overtime work
Any hours worked beyond the normal hours of work.
Labour Code §119(4)
Night work(er)
Night work is work between 19.00 and 5.00.
Labour Code §124
NORMAL HOURS LIMITS
Daily hours limit
General limit
In every public or private establishment, even those directed to education or charity, the legal working time of employees and workers, of whichever sex, no matter the nature of the work, cannot exceed 45 hours per week and 9 hours per day.
Labour Code §119(1)
Special categories
» Young workers
Children with age between 14 and 16 and less than 18 can only perform light and clean work defined in art. 9 of the Decree 19/67, from 03/10//1967, taking into account that those works:
1. Do not exceed 4 hours per day, as well as school days and holidays; 2. Do not constitute an obstacle to the school taks.
Children with age between 16 and 18 cannot work for more than 8 hours per day.
Ministerial Decree 68/13, from 17/05/1968, on the work conditions for women and children. §24, 25(1)
» Women
The working time for women cannot exceed 8 hours per day and 48 hours per week, unless in the cases forseen in section 2 of the present chapter.
Ministerial Decree 68/13, from 17/05/1968, on the work conditions for women and children. §4(1)
Weekly hours limit
General limit
In every public or private establishment, even those directed to education or charity, the legal working time of employees and workers, of whichever sex, no matter the nature of the work, cannot exceed 45 hours per week and 9 hours per day.
Labour Code §119(1)
Historical data (year indicates year of data collection)
2009: 45 hours
2007: 45 hours
Special categories
» Young workers
Children with age between 14 and 16 and less than 18 can only perform light and clean work defined in art. 9 of the Decree 19/67, from 03/10//1967, taking into account that those works:
1. Do not exceed 4 hours per day, as well as school days and holidays; 2. Do not constitute an obstacle to the school taks.
Ministerial Decree 68/13, from 17/05/1968, on the work conditions for women and children. §24
» Women
The working time for women cannot exceed 8 hours per day and 48 hours per week, unless in the cases forseen in section 2 of the present chapter.
Ministerial Decree 68/13, from 17/05/1968, on the work conditions for women and children. §4(1)
OVERTIME WORK
Criteria for overtime
General
Overtime work is permissible for: 1. Work that must be performed outside of normal working hours. 2. Urgent work to prevent or respond to accidents or to save perishable goods or crops. 3. Extraordinary workloads.
Order No. 68/11 issuing regulations on hours of work and payment for overtime §19
Limits on overtime hours
General limits
Work that must be performed outside of normal working hours: 1 hour per day
Urgent work to prevent or respond to accidents or to save perishable goods or crops: no limit (first day) 2 hours (subsequent days)
Extraordinary workloads: 12 hours per week and 144 hours per year.
Order No. 68/11 issuing regulations on hours of work and payment for overtime §§14-15, 18, 19
Historical data (year indicates year of data collection)
2009: Work that must be performed outside of normal working hours:
1 hour per day
Urgent work to prevent or respond to accidents or to save perishable goods or crops:
no limit (first day)
2 hours (subsequent days)
Extraordinary workloads:
12 hours per week and 144 hours per year.
2007: Extraordinary workloads:
12 hours per week and 144 hours per year
2007: Work that must be performed outside of normal working hours:
1 hour per day
Urgent work to prevent or respond to accidents or to save perishable goods or crops:
no limit (first day)
2 hours (subsequent days)
Compensation for overtime work
Overtime rate(s)
Every hour considered overtime on the terms of the preceeding articles, entitle the worker to the following compensation:
a) 30% increase for the first 6 hours after the legal working time limit; b) 60% increase for subsequent hours; c) 100% increase for overtime work performed on weekly rest day.
Order No. 68/11 issuing regulations on hours of work and payment for overtime §21
Historical data (year indicates year of data collection)
Every hour of work performed beyond the legal working time limits are considered as overtime work, except: a) hours performed following a staggering over a period longer than the day or week, as stated in art. 5; b) hours of presence considered as equivalent to the legal working time limits, as stated in art. 6.
Every hour of work performed as overtime on the terms of the preceeding provision shall entitle the worker to the following compensation:
a) 30% increase for the first 6 hours after the legal working time limit; b) 60% increase for subsequent hours; c) 100% increase for overtime work performed on weekly rest day.
Ministerial Decree 68/13, from 17/05/1968, on the work conditions for women and children. §9, 10
REST PERIODS
Daily rest periods
no general provisions on daily rest periods.
Special categories
» Young workers
A minimum of 12 consecutive hours in between two work periods for workers under 18 years of age.
Labour Code §126
» Women
Daily rest period for women must be of at least 12 consecutive hours, preferably from 19h of a day until 07h in the morning.
Ministerial Decree 68/13, from 17/05/1968, on the work conditions for women and children. §16
Weekly rest periods
Duration
» General
Every worker must enjoy, within the period of 7 days, a weekly rest period of at least 48 consecutive hours.
Labour Code §121(1)
Historical data (year indicates year of data collection)
2009: 2 days
2007: 2 days
Day specified
» General
The weekly rest period shall be agreed between the worker and employer, at the same time for all the staff. It should take place, in principle, saturdays and sundays.
Labour Code §121(2)
Work on weekly rest day
» Criteria
Some professional categories may employed on sundays, conditioned to the fact that they be given a supplementary weekly rest day, of, at least, 24 consecutive hours.
In case of accidents or in the imminence of such, and in cases of force majeure or urgent work to be performed in facilities, but only whenever necessary to avoid a serious damage to the normal functioning of the company, staff may be required to work on their weekly rest period.
In order to avoid losing perishable products or to respond to an extraordinary increase of work, only when the employer cannot do otherwhise, the staff may be required to work on their weekly rest period.
The hours of work performed on the terms of art. 9 above are considered ovewrtime work and shall be paid as such.
Order No. 68/12 on work on the weekly rest day §4, 9, 10(1)
Remarks: The list of professional categories is that presented in art. 4 of the Decree regulating weekly rest periods.
» Compensation (for working on a rest day)
Every hour considered overtime on the terms of the preceeding articles, entitle the worker to the following compensation:
c) 100% increase for overtime work performed on weekly rest day.
Some professional categories may employed on sundays, conditioned to the fact that they be given a supplementary weekly rest day, of, at least, 24 consecutive hours.
Order No. 68/11 issuing regulations on hours of work and payment for overtime §21 Order No. 68/12 on work on the weekly rest day §4
Remarks: The list of professional categories is that presented in art. 4 of the Decree regulating weekly rest periods.
Special categories
» Domestic workers
The work of guards and housekeepers is authorized on sundays, as long as they are given, during the week, a supplementary weekly rest period of at least 24 consecutive hours.
Domestic workers can be required to perform work on sundays, as long as they are given a supplementary weekly rest period.
Order No. 68/12 on work on the weekly rest day §7
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Duration
» General
The duration of annual leave has to be of at least one day for every month of effective service, for worker over the age of 18. It shall be of at least one and a half day for workers under the age of 18. It shall be increased of one day per month every 5 years of seniority in the same employer or replaced employer.
Labour Code §141(1)
Historical data (year indicates year of data collection)
2009: 12 days (one day per month worked)
2007: 12 days (one day per month worked)
» Exceptions
With seniority, one extra day per month worked.
Labour Code §141
Payment
» Amount
During the annual leave, the worker is entitled to cash benefits equal to that he/she was receiving before taking the leave. The in kind payments the worker was receiving, according to the employment contract, shall be paid, whenever the work requires it, in cash, with the exception of accomodation.
Labour Code §142(1)
» Date of payment
The payment of the annual leave benefits shall be made on the day of the beggining of the leave, or at the latest, on the last working day before the beggining of the leave.
Labour Code §124(1) Order No. 68/14 on night work remuneration §3
Compensation
A compensation shall be paid for the performance of night work, without prejudice to the provisions on overtime work.
10% increased salary for workers in employment that can only take place at night.
30% per cent increase in salary for any night work in an undertaking where work usually takes place both during the day and night (hotel and catering, boarding schools, medical establishments, news agencies, transport, shift-work undertakings, bakeries).
Labour Code §124(2) Order No. 68/14 on night work remuneration §4, 6
Special categories
Young workers
Children under 18 years of age cannot perform night work.
Labour Code §125 Ministerial Decree 68/13, from 17/05/1968, on the work conditions for women and children. §27
Disabled workers
Disabled workers cannot perform night work.
Labour Code §125
Women
Women cannot perform night work in industrial sites.
Whenever the work is performed in non-industrial sites, an exception can be made for women to perform night work.
Labour Code §125 Ministerial Decree 68/13, from 17/05/1968, on the work conditions for women and children. §15(1)
SHORT-TIME WORK/WORK-SHARING
General provisions
A short-term employement contract is that which is fixed for a well defined period of time, either to accomplish a specific task or to replace a worker temporarily unavailable.
Labour Code §40(1)
Limits
A short-term employement contract cannot exceed 2 years. This period is to be reduced to one year, if the worker is married and, because of the work, is separated from his family, or, if a widow(er), separated from the body, or divorced, separated from his/her children of whom he/her is in charge of.
Labour Code §41(1)
Results generated on: 19th April 2024 at 21:06:28.
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