Hire compliantly in the DR Congo Talk to an Expert

According to the Labor Code of the Democratic Republic of Congo, all employees are entitled to paid annual leave after completing a year of service with the same employer. The amount of annual leave depends on the employee’s age and seniority in the company, as follows:

• 1.5 days per month of service for employees under the age of 18
• 1 day per month of service for employees over the age of 18

An additional day is added to the total amount for every 5 years of service with the same employer. Additionally, industry standards suggest a minimum of 26 days of annual leave provided between the 0 to 1 year mark of service. Employees can only accumulate half of their leave within 2 years.

When calculating service with an employer, days of work, weekly rest, paid leave, sick leave, and statutory holidays are all included as service time. Periods of incapacity for work due to a workplace injury are also considered service time, up to a maximum of 6 months per year.

The Labor Code provides that, in the case of illness or accident preventing the worker from performing his regular duties, the contract of employment may be suspended.

During this period of suspension due to illness or accident, the worker is entitled to the following:

• Two-thirds of the cash remuneration during the period of sickness
• Family allowances
• Benefits in kind or their equivalent in cash, upon the employee’s request

Employees lose the right to all of these allowances and benefits if the illness or accident is caused by a risk they took that voluntarily exposed them to danger, or the illness or accident resulted from excessive drinking or use of drugs.

During the first 6 months of suspension due to illness or injury, employers are not allowed to terminate employment contracts. After that period, however, they may do so upon notifying employees. Work accidents and occupational diseases are an exception to this provision.

According to the Labor Code of the Democratic Republic of Congo, female employees are entitled to 14 consecutive weeks of paid maternity leave that can be split into a maximum of 6 weeks before childbirth and 8 weeks after. An employer cannot dismiss an employee during maternity leave.

The Labor Code does not provide for an extension of maternity leave due to complications. However, the right to compensation and benefits does not change, whether the child lives or not.

During maternity leave, female employees are entitled to:

• Two-thirds of the normal remuneration they should have received had they not been on maternity leave.
• The same benefits in kind they received before maternity leave

The Labor Code of the Democratic Republic of Congo does not specifically provide for paternity leave; however, it allows an employee to take special leave in certain circumstances, including 2 working days of special leave in case of childbirth.

If the employee takes no more than 15 working days of leave in that year, these days will be paid by the employer. Employees must take special leave all at once: it may not be split.

Minimum Wage

The minimum wage in the DRC was last revised in May 2025 and has been set at CDF 21,500 (Congolese francs) per day since January 1, 2026.

Overtime, Holiday & Vacation Pay

According to the labor legislation in the Democratic Republic of Congo, no matter the type of business or the employees’ sex, the regular weekly hours of work may not exceed 45, with a maximum of 8 hours per day. Any hours of work performed above this limit are to be considered overtime and must be paid at a higher rate.

The overtime payment rates have been set by ministerial order, as follows:

• A 30% increase for the first 6 hours of overtime
• A 60% increase for hours after the first 6 hours of overtime
• A 100% increase for overtime hours during weekly days of rest or public holidays

Workers are entitled to their regular wages when they take paid annual leave and enjoy paid leave on public holidays.

Notice Period

According to the Labor Code in the Democratic Republic of Congo (DRC), both the employer and the employee must give notice of dismissal before terminating an indefinite contract of employment, as follows:

• If notice is given by the employer, the minimum period is 14 days, and it increases by 7 days for each year of service.
• If notice is given by the employee, the required notice period is equal to half of the period the employer should give in that situation.

During the notice period, employees are entitled to 1 paid day of leave per week to look for a new job. In case employees find another job, they may leave their current position before the end of the notice period, if both parties agree.

Severance Benefits

The Labor Code of the Democratic Republic of Congo mandates employees' entitlement to severance benefits if they are terminated without cause. There is no statutorily prescribed amount of severance pay.

Termination without cause may entitle employees to severance benefits of up to 36 months of their last salary, as determined by the Labor Court.

In case of termination of an indefinite contract without notice, employees are entitled to severance benefits equal to the remuneration and benefits they would have gained during the period of notice.

Pension

If an employee meets the conditions for an old-age pension (be at least 60 years old and must have been covered for at least 180 months), they are entitled to 40% of their insured average monthly earnings in the last 60 months plus 2% of average monthly earnings for every 12 months of coverage exceeding 180 months. The earliest that an employee may draw from an early retirement pension is 55 years of age. The minimum monthly old-age pension is 50% of the legal monthly minimum wage, while the maximum monthly old-age pension is 60% of the insured's average monthly earnings in the last 60 months.

An employee ineligible for an old-age pension may still qualify for an old-age settlement. For those who are eligible for an old-age settlement, a lump sum of twice the insured's last monthly covered earnings is paid for every 12 months of coverage. The minimum monthly old-age settlement is 50% of the minimum monthly old-age pension.

Dependents/Survivors Benefits

In the Democratic Republic of the Congo, survivors pension is administered by the National Social Security Fund and is paid to the dependents of the deceased employee if they were insured and benefiting from a retirement or disability pension or was entitled to receive a retirement or disability pension at the time of death.

• A qualifying widow(er) will receive 50% of the old-age or disability pension the deceased received or was entitled to receive.
• A qualifying orphan will receive 50% of the old-age or disability pension the deceased received or was entitled to receive. This amount will be split among all eligible orphans.
• In the absence of an eligible widow(er) or orphan, 100% of the old-age or disability pension the deceased received or was entitled to receive is split among dependent parents or grandparents.

Invalidity Benefits

Insured employees who become disabled due to a non-occupational disease before reaching age 60 are entitled to a disability pension (pension d’invalidité) if they meet the necessary qualifications.

The monthly disability pension is calculated in the same way as the old-age pension. It is equal to 40% of the insured’s average monthly earnings in the last 60 months, plus 2% of average monthly earnings for every 12 months of coverage exceeding 180 months. The constant-attendance allowance is a supplement equal to 30% of the pension.

Employers must contribute 1.5% of monthly payroll to workplace injury insurance (up to 3% for high-risk industries and employers found in violation of workplace safety laws). Self-employed persons can voluntarily insure themselves by contributing 1.5% of their average annual declared earnings. Workplace Injury insurance covers industrial accidents at the workplace, commuting accidents between the insured's home and workplace, and certain occupational diseases. The care provided to the victim is fully supported by the CNSS (direct payment of the amount of care costs by the CNSS to medical establishments under contract with the fund).

Personal Income Tax

In the Democratic Republic of Congo, employers are obligated to remit employee taxes to the authorities. The progressive tax rates on individual income range from 3% to 40%.

The income of residents (persons who spend more than 6 months in a year in the country) and non-residents is taxable on global income derived from within or outside of the Democratic Republic of Congo. Individuals engaged in a business (e.g., independent contractors) are taxed under the rules governing companies.

Visas

The Democratic Republic of Congo offers the following main types of visas:

• Flying Visa: For those from countries without DRC representation. Valid for 7 days.
• Airport Visa: Issued at entry for flying visa holders. Valid for 7 days.
• Travel Visa: Issued by DRC missions abroad. Valid for 6 months, extendable.
• Establishment Visa: For settling and working in the DRC. Various types with different durations.

Visitors must obtain a visa unless they come from a visa-exempt country (nationals can obtain a visa on arrival), or are arriving from a country with no DRC embassy, in which case they can receive a visa confirmation followed by a 7-day visa on arrival (extendable in the DRC). Citizens from Burundi, Republic of Congo, Rwanda, and Zimbabwe are exempt from visa requirements in the DRC. Citizens of Kenya, Mauritius, and Tanzania can obtain their visa on arrival without any further formalities.

Work Permits

Foreign nationals looking to work in the Democratic Republic of Congo (DRC) may apply for 2 types of work visas:

• Specific work establishment visa – not renewable and may not exceed 1 year
• Work establishment visa – valid between 1 and 2 years, depending on the nature of the foreign national's work card

Employees must submit an employment contract approved by the National Employment Office, proof of qualifications, and a certificate of service.

In order to receive either visa, the foreign employee's employer must apply for and receive a work card (carte du travail) from its regional Congolese employment office. The foreign employee's employment contract must also be submitted and approved by the government employment office. The employees are required to submit a service certificate and provide proof of their qualifications.

The National Commission for the Employment of Foreigners in the DRC is responsible for ruling on the issue of work cards for foreign nationals and deciding on the renewal of work cards.

Per the Labor Code of the Democratic Republic of Congo, a labor contract can be concluded with a person who is 18 years of age or above. A person age 15 or younger cannot be hired, even as an apprentice, without the express approval of the President of the Peace Tribunal. Persons aged 16 to 18 are allowed to be employed for the execution of light and safe work only with permission from both the Inspector of Work and their parents or legal guardians.