Democratic republic of congo
Different rules apply for laborers ("Travailleur manoeuvre") compared to other workers ("Autres travailleurs").
Fixed-term contracts are permitted in the DRC for a specific time or work or to replace a temporarily unavailable worker. They are renewable once, but may not exceed two years in duration (one if the Worker is married, widowed, or legally separated or divorced and separated from children). They may not be terminated early by notice. They will expire at the end of the fixed-term.
Probationary periods are permitted in the DRC in both fixed-term and indefinite contracts. They may not exceed one month for laborers or six months for non-laborers. If work is performed beyond the probationary period, the contract will be confirmed. During the probationary period, the contract can be terminated for valid reasons.
In the DRC, Workers recognize 11 paid public holidays. Work may only be performed on a public holiday if the Worker agrees and the Worker is compensated at 200%.
After one year of service, Workers over the age of 18 are entitled to one working day of paid vacation per full month of service (more for Workers under the age of 18). In addition, all Workers are entitled to an additional day for every five years of seniority with the same employer. Up to half of a Worker's leave entitlement can be carried over year to year for a maximum of two years. All accrued but unused leave is payable at the end of the employment relationship.
Workers are entitled to 15 working days of sick leave per year for injuries or illness requiring medical care. The employer is responsible for payment.
A standard workweek is 8 hours per day and 45 hours per week. Workers must receive 24 consecutive hours of rest for each period of 7 days. Any work performed on a rest day is payable at 200%. Night work is considered any work between the hours of 6 p.m. and 6 a.m.
Overtime is any time worked over the standard working hours. The first six hours of overtime are payable at 130% and 160% thereafter.
A 13th month salary ("Christmas Bonus") is mandatory in the DRC.
Except in cases of gross negligence, termination requires a valid reason such as the aptitude or conduct of the worker or based on the needs of the operations. Notice must be provided stating the reason clearly. The notice period is 14 days plus 7 additional days for each full year of service unless a foreman or manager in which case longer periods apply. During the notice period, the Worker must be provided one day per week to look for a job.
Workers may resign by providing 7 days' notice.
The official language in the DRC is French.
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