- Overview: Democratic Republic of the Congo
- Global HR Compliance
- Global PEO and payroll
- Work permit for hiring expats via PEO
- Contractor vs. employee: which is better?
Global HR Compliance in Democratic Republic Of The Congo
If you hire international workforce, or plan to hire, then Hiring and Firing Workforce in Democratic Republic of Congo Guide below will help you understand the nuances of labor legislation in the country.
There are two main reasons for companies hiring foreign workforce:
- Expanding into foreign markets to sell company product or products there. In this case, companies hire sales representatives who would exclusively represent their product in the target market and sell it to their local client base.
- Hiring the right foreign talent with a unique expertise, often related to IT sphere that cannot be found in the home country or that costs less compared to local specialist with similar skills.
After you have found the right candidate, the question is how to hire and provide compensation to this person so you as a business remain 100% compliant when working with global workforce. Another thing to consider is whether you want to keep the talent long-term and how you can do that.
If you need to hire foreign workforce in Democratic Republic of Congo so you can expand there, then our Global Employer of Record solution may be of help. We help you legally hire and reward your foreign workforce by making them employees via a global employment outsourcing service. This is simple as employ your in-house workforce with the only difference that workers can live anywhere in the world and Acumen International would be their legal employer on your behalf. This means we would bear all employment risks, not you. Also, we manage bonuses, vacations, sick leave and can rent the office and a car for your foreign sales representatives if that is what you need.
With our solution, you can test new foreign markets before deciding whether you are going to get established there. You gain flexibility and expand with reduced costs, and easily withdraw from the unattractive countries.
We are experts in global workforce employment in Democratic Republic of Congo, and our goal is to become your single provider. Instead of working with numerous local staffing agencies and legal advisors, Acumen International can solve your global business challenges and save you time, costs, and resources.
Our team of English-speaking professionals frees you from working through language nuances. Acumen International works 24/7 and can assist you whenever you need, regardless of time zones. Our goal is to create tailored labor solutions for you that are managed legally and in full compliance with the local employment laws.
With our knowledge and deep understanding of local nuances, you easily satisfy your need for skilled professionals in your global industry. With our qualified local partners, you can trust that your global workforce satisfies all local tax, social security, and immigration requirements in DR Congo.
Hiring and Firing Workforce in DR Congo Guide
# Employment Contracts
Contract of employment should be in writing to be valid. Employers may hire their new employees on a fixed-term agreement or on an open-ended contract. While the length of an open-ended contract is not defined, a fixed-term contract must specify the definite date an employment is required to start and end. The duration of a fixed-term contract must not exceed 2 years, and may be renewed once, with the exception of seasonal jobs and other specific conditions provided in the law. A fixed-term contract may be regarded as open-ended if it does not specify the duration of the contract or is not formally renewed after its completion date.
# Minimum statutory employment rights
# Hours of work
A typical work day starts from 8 am to 5 pm Monday through Friday. Generally, the number of hours an employee may spend in the office is 8 hours a day and 40-48 hours a week.
# Probation period
In all situations, employers have the right to put their new employees on probation at the commencement of an employment, but under the condition that the total duration will not exceed 6 months for skilled employees and 1 month for unskilled workers.
# Annual leave
Employees are not entitled to a paid annual leave in their first year of employment with a company. Employees are entitled to paid annual leave of 1 day per month of service starting from their second year of employment with the company. Employees are entitled to one-day extension of paid leave for every 5 years of successfully working with their employers.
# Parental leave
Female employees who have a minimum of 6 months of service in the company are entitled to 14 weeks of maternity leave with an allowance of at least 67% of normal wage. Employees may start to use their paid leave from when they are pregnant and must make sure that no more than 8 weeks of the leave is used after childbirth. Employees who have less than 6 months of service in the company are entitled to an unpaid maternity leave. Employees have the right to an hour break daily for breastfeeding.
# Sick leave
Staff with fixed-period contracts of more than six months and staff with open-ended contracts are entitled to sick leave after three month’s continuous service. The first 10 days will be at full basic salary, reducing in ten-day increments thereafter. If the employee is unable to resume work after 30 continuous working days, the contract will be suspended for temporary leave of absence. If the suspension is work-related, two thirds of the wage and the full child care allowance will be paid for a period not exceeding six months.
The law defines different standard workweeks, ranging from 40 to 72 hours, for various jobs and prescribes rest periods and premium pay for overtime. The law establishes no monitoring or enforcement mechanism, and employers in both the formal and informal sectors often do not respect these provisions. The law does not prohibit compulsory overtime.
# State minimum salary
Effective from Jan 1, 2009, Congolese employees are entitled to a minimum wage of 1,680 Congolese francs (CDF) ($1.83) per day.
# Employment termination
Employment relationship may be terminated during the probation period with a just cause and a 3-day prior notice. After a probation period, an employer may legitimately terminate an open-ended contract with a just cause and a notice period of no fewer than 14 working days. This however, may not be the case if an employee has to be summarily dismissed for gross misconduct. Fixed-term contracts naturally end at their expiration date. An employer is obligated to compensate an employee if he/she decides to terminate his/her fixed-term contract before the expiration date.
An employee who intends to terminate an employment contract with or without a just cause is required to provide the employer with a prior notice of a duration that is proportional to half of the period the employer would have given had he been the one terminating the contract.
Employees are entitled to reinstatement or a sum that is equivalent to up to 36 times their most recent salary if they are terminated illegitimately.
Acumen International can help you fast-track your possibilities of entering and expanding your business in DRC by providing you with our Employer of Record services. Our unique mix of PEO/EOR solutions will enable you to jumpstart your global operations almost immediately, cost-effectively and compliantly without any need to set up a legal entity first or afterwards.