Congo (DRC)

Overview

Congo, endowed with abundant hydrocarbon reserves has an estimated proven 1.6 billion barrels of oil reserves, 90 billion cubic meters of natural gas and significant mining resources. Major industries include Mining (Cobalt, Copper, Diamonds, Gold, Zinc, Tin, Tungsten, Coltan), metal products, and consumer products (Plastics, Footwear, Textiles). Development projects to modernize the international airports in Ollombo, Brazzaville and Pointe-Noire have been undertaken to support foreign investment.

The government has launched significant reforms such as ‘The March toward Development’ to improve the quality of life over the next 5 years.

Currency: Congolese Franc

Principal Language: French

Government: Republic, Semi-presidential system

Capital City: Kinshasa

Major Cities: Kinshasa, Lubumbashi, Kisangani, Kananga

Employment Contracts

Verbal and written employment contracts are permitted in Congo. However, written contracts should be drafted in French stating employment details including wages, benefits, and termination requirements. The salary or any compensation amounts must be mentioned in Congolese Francs rather than any foreign currency.

Work/Time Regulations

The regular work schedule comprises 9 hours a day or 45 hours a week.

  • The standard work schedule for non-shift hours are from 8:00 am to 5:00 pm with a lunch break usually from 12:30 pm to 01.30 pm. Work schedules may vary for different departments.
  • A 3-shift system applies to Congo and employees are required to work at least an average 43 hours a week. Weekly work hours should not exceed 60, including overtime. Employees must get 48 hours of break time for every 7 days’ work.

Overtime
Work done beyond regular work hours or on the weekly rest day or public holidays is considered overtime. Overtime pay varies from 30% (130% x Basic Pay) premium over the regular pay for working on normal work days to 100% (200% x Basic Pay) for working on the weekly rest days. Construction workers hired through labor brokers work for 13 days and get a day off in a 2-week cycle.

Leave

Holidays

  • New Year’s Day
  • Easter Monday
  • Labor Day Ascension Day
  • Reconciliation Day
  • Independence Day
  • All Saints’ Day
  • Christmas Day

Annual Leave
Employees are entitled to annual leave of 24 to 30 days each year based on employment category. The leave is increased by 2 days for every 5 years of employment.

Sick Leave
Employees with open-ended contracts and fixed-period contracts of more than 6 months are entitled to sick leave after 3 months of continuous employment. The first 10 days are paid at full basic salary, and the compensation reduces subsequently in 10-day increments. In case an employee is unable to begin work after 30 working days, the contract is suspended for a temporary leave of absence. In case the suspension is work-related, 2/3rd of the wages and full childcare allowance is paid for a maximum period of 6 months.

Maternity Leave 
Pregnant employees who have been employed for at least 6 continuous months are entitled to a maximum 14 weeks of maternity leave out of which a maximum 8 weeks can be taken post-childbirth. If the employment period is less than 6 months on the expected date of delivery, employees are entitled to leave without pay.  

Compassionate Leave
After three months of continuous service, employees with fixed and open-ended contracts are entitled to 2 to 5 days (based on circumstances) of compassionate leave each year.

Benefits

Pension and Social Security

 Social Insurance Benefit
Social insurance benefit is provided to non-employed individuals who were insured for at least 5 years and who apply for coverage within 6 months of the end of insured employment.  A special social insurance system applies to certain civil servants.

Exclusions: Self-employed persons.

Source of Funds

  • Insured person:5% of monthly income; 7% of average declared annual earnings for the voluntarily insured
  • Employer:5% of monthly payroll
  • Government:An annual subsidy as required, up to a maximum

Qualifying Conditions

  • Old-age pension:Age 65 for men, age 60 for women, or age 55 for prematurely aged men and women, with a minimum of 60 months’ coverage in the last 10 years.
  • Employment must cease
  • The old-age pension is paid abroad under a reciprocal agreement
  • Old-age settlement:Age 65 for men, age 60 for women with less than 60 months of coverage in the last 10 years
  • Employment must cease

 Disability Pension 

Qualifying Conditions

  • An employee must be younger than the normal retirement age
  • The individual must be assessed with a permanent loss of income exceeding 33%
  • Have a minimum of 36 months of coverage in the last 5 years.
  • No minimum qualifying period applies if the disability is a result of a non-occupational accident.
  • Constant-attendance supplement is paid in case the insured requires the constant attendance of others to carry out daily activities.
  • The disability pension ends at the normal retirement age and is replaced by the old-age pension of the same amount (including any constant attendance supplement).
  • A doctor appointed or approved by the National Social Security Institute re-assesses the disability periodically.

 Work Injury

Coverage

  • Individuals including casual and household workers, apprentices, sailors, public-sector employees, vocational and craft schools, are not covered by a special system.

Source of Funds

  • Employer:5% of monthly payroll (up to 3% for high-riskindustries and employers in violation of workplace safety laws).

Temporary Disability Benefits

  • 7% (33.3% if hospitalized and without dependents) of the insured's average daily wages the 3 months before the disability started is provided the day after the disability began until certification of permanent disability or full recovery.
  • A doctor appointed or approved by the National Social Security Institute re-assesses the disability periodically.

Permanent Disability Pension

  • Individuals assessed with a total disability receive 85% of their average monthly wages 3 months before the disability began.

Partial Disability

  • Individuals with an assessed degree of disability of at least 15% receive a percentage of the full disability pension based on the degree of disability. Those with less than 15% assessed degree of disability are entitled to a lump sum equal to 3 times the partial disability pension the insured would have been entitled to.
  • Constant-attendance supplement equal to 50% of the disability pension is paid in case the insured requires the constant care and attendance of others to carry out daily functions.
  • Benefits are paid quarterly and are adjusted periodically.

Workers' Medical Benefits

Medical benefits include:

  • Dental, surgical, and hospital care
  • X-rays, pharmaceuticals, laboratory services,
  • Prostheses and transportation.

How GPS can Help

With our Global PEO/Employer of Record services, companies can expand into Congo (DRC) and hire their employees without having to establish a branch office or subsidiary in Congo (DRC).

  • Your candidate is hired via our Congo (DRC) PEO. If needed, we can also help you find the right talent in any country with our comprehensive global staffing services.
  • Your new employee begins work quickly as we take care of employment contracts, statutory and non-statutory benefits, and running their payroll - all in full compliance with Congo (DRC) laws.
  • Global PEO Services experts manage all day-to-day operational issues such as employee expenses, and severance/termination if required.
  • With no contractor risks, pass on the compliance burden to Global PEO Services.

Spin Off/M&A Support

  • Ensure continuity of payroll, benefits and HR support when acquiring or spinning off a business with employees overseas.

24/7 Support in 100+ Countries

  • Empower your teams with 24/7 support and a single point-of-contact model in which experienced client services directors are in continuous communication with information and advice.
  • We are backed by a mix of 300+ multidisciplinary experts from HR, Payroll, Finance, Tax, and Legal domains who are ready to respond to the expected and unexpected needs of your business on the shortest notice.

Easy Visibility into Your Employee Time & Attendance and Benefits Data
With our Global PEO, you get access to Mihi, our proprietary SaaS solution for time and attendance, vacation, leave management and benefits enrollment and management. Mihi enables clients to have easy access to employee data in real time. It is designed specifically for companies with a global workforce, especially when working in multiple countries with low headcount.

Ready for Growth When You Are
When ready, we can seamlessly transition you from the PEO/EOR model to your own legal entity and provide ongoing international HR, finance, legal, compliance and staffing support. Learn more about our end-to-end international expansion services.

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