Sunday, 17 November 2019
HOT NEWS
Improving the Business climate in DRC, "the indicator allowed to build improved":   To meet the requirements of flexibility and speed in the process of obtaining the building permit, the Government through the Ministry of Planning and Housing has taken a Ministerial Decree No. CAB / MIN-UH / 023/2018 of the May 31, 2018 amending                                                    Official launch of the activities of the 2th edition of the fair International Agricultural of Kinshasa: Under the initiative of the Provincial Ministry of Agriculture of Kinshasa, the official launch for the 2nd International Agricultural Fair of Kinshasa took place on Wednesday June 14, 2017 at the KEMPISKI FLEUVE CONGO HOTEL. During the ceremony, several speeches were                                                    The Democratic Republic of Congo presents the Doing Business 2018 reforms: Under the patronage of His Excellency BAHATI LUKUEBO, Minister of State, Minister of Planning, the National Agency for the Promotion of Investment organized on Tuesday, May 30, 2017, at  Pullman Hotel, a workshop presenting the 2018 Doing Business reforms. Six indicators                                                    “The time for Africa is now – we can’t slow down, we must quicken the pace”: Adesina: India is the perfect place for the African Development Bank to focus on the transformative power of agriculture, Bank President Akinwumi Adesina has told the African, Indian and international press. “India is an inspiration to Africa, in that its Green                                                    Burey Gold expands in Kilo-Moto greenstone belt: Mining company Burey Gold inked an agreement with Emirati firm Medidoc FZE to buy a 60% onterest in Tendao project which comprises five exploration licences covering a total of 1,456 km², in North-Western part of DR Congo. The deal will                                                    DRC will take part at The Sixth Tokyo International Conference on African Development (TICAD VI) Summit in Nairobi: The Democratic Republic of Congo will take part at The Sixth Tokyo International Conference on African Development (TICAD VI) Summit in Nairobi, Kenya's capital. The delegation led by the Managing Director of the National Vocational Training Institute (INPP), Maurice Tshikuya                                                    kwilu: sensitization of executives of the public administration on the improvement of the business climate: Executives of the public administration and the private sector in the province of Kwilu and particularly those from Bandundu city, the capital of the province have been sensitized for two days on the reforms implemented to improve the business and                                                    Need to adapt the geological map of the DRC to the understanding of new minerals: Mr. Ikoli, Deputy Chief of Staff of the Minister of Mines, noted the need to adapt the old geological map of 1972 to the understanding of new minerals at the opening of the validation workshop of the new geological map                                                    FIKIN opens its doors this Saturday 16th of July 2016: The fair activities of Kinshasa for the year 2016 will start on Saturday, July 16 and close on 15th August, announced the Director General of the International Fair of Kinshasa (FIKIN), Eugene Bokopolo. The N ° 1 of FIKIN engaged with the                                                    The Government has committed to improving the income of farmers for agricultural growth of at least 6%: The Government of the Democratic Republic Congo is planning to sustainably promoteagricultural and food sectors in priority and develop the agri-business between 2015 and 2016. The aim is to improve farmers' incomes and achieve an agricultural growth of at least 6%                                                   

Hiring and dismissal of workers

A. Hiring procedure of nationals

Legal framework :

  • Law n ° 015/2002 of 16 October 2002 on the Labour Code (Articles 203-207) ;
  • Enactment n°. 74/098 of 6 June 1975 on the protection of the national workforce.

Procedure

  • Declaration of vacancies at the National Employment Office (ONEM) ;
  • Hiring of a worker shall be subject to a contract in writing and concluded for a fixed or indefinite period. This contract specifies explicitly the nature and class of employment, the rate of pay, the benefits workers are entitled to as well as other mandatory clauses imposed by the Labour Code ;
  • Presentation by the applicant of all documents required to him by the Company establishing a track record prior to hiring ;
  • After hiring a worker, the employer must declare it to the office of Labour Ministry (NB : posteri statement and not a priori).

B. Dismissal procedure of nationals

- Legal framework :

  • Law n ° 015/2002 of 16 October 2002 on the Labour Code (Articles 61 to 78) ;
  • Departmental Decree n° 11/74 of 19 September 1974 reviewed by Ministerial Decree n ° 025/95 of 31 March 1995 concerning the dismissal of workers.

Procedure

  • In case of breach of the obligations imposed by the labour contract and the legal and regulatory provisions in force, the worker is subject to disciplinary sanctions dictated by the Corporate regulations ;
  • Prior to deciding on of any sanction, the opportunity should be given to the offending worker to provide his explanations. The penalty will be taken only when the evidence of guilt is established ;
  • Any dismissal must be justified by a valid reason connected with the capacity or behavior of the worker or based on the business operational requirements ;
  • Any dismissal must be declared to the services of the Ministry of Labour.

Individual dismissal

When the dismissal is motivated and based on the business operational requirements, it can be pronounced only after the opinion of the trade union delegation followed by the express written permission of the work Inspector of the area.

In the case of termination of contract for a cause related to the capacity or discipline, the dismissed worker should be replaced immediately so that the total workforce undergoes no change. The penalty will be notified in writing to the worker.

Mass dismissal

The mass dismissal is subject to prior approval of the Labour Minister. The designation of the workers to be dismissed is made according to the criteria established by the Ministerial Decree No. 12/CAB.MIN/GST/116/2005 of 26 October setting the modalities of dismissal of workers.

In all cases, the final account and the service leaving certificate will be provided to the employee within the prescribed period.

C. Hiring and firing procedure for expatriates

  • Any employer who intends to hire an expatriate worker must first file the job offer at the National Employment Office " ONEM " ;
  • The employer must also submit the expatriate candidate’s file to the National Commission of Employment of Foreigners to allow the Commission to decide on the hiring form and the granting of the work permit for foreigners ;
  • The rejection by the Commission of the renewal application of work permit for expatriates implies the dismissal of the expatriate concerned.

D. Operational costs related to hiring of foreigners

A tax is collected on transactions relating to the granting of work permits for foreigners. The rate and the terms of the perception of this tax are set as hereafter by the interministerial decree n°013/95 of 31/1/1995 :

  • CDF equivalent of $ 500 at the daily rate (Agro-Industrial Enterprises, Big Breeding or Plantations, Mining and Energy) ;
  • CDF equivalent of $ 700 at the daily rate (Construction Companies, Production of Energy, Metallurgical production and construction, Manufacturing Industries, Transport and Communication, Service Companies) ;
  • CDF equivalent of $ 1000 at the daily rate (trading companies, banking sector and financial institutions, production and construction) ;
  • CDF equivalent of $ 2800 at the daily rate (purchase trade postof precious materials) ;
  • CDF equivalent of $ 200 (deposit file fees) : operating expenses of the National Commission for Employment of Foreigners.

Source : Ministry of Employment, Labour and Social Welfare.

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