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Written Agreements

Employment contracts in the Democratic Republic of Congo shall be concluded in writing and include the essential terms enumerated in the labor statutes.

If the written contract does not mention its duration, it is presumed to be for an indefinite period. The employer must offer the employee a draft of the agreement and submit it to the National Employment Office for approval.

The requirements for a written contract do not apply to day-to-day labor agreements.

Oral Agreements

The Labor Code in the Democratic Republic of the Congo defines an employment contract as "any agreement, written or verbal, by which a person, the worker, undertakes to provide another person, the employer, with manual or other work under the direction and direct or indirect authority of [the employer] and for remuneration."

Practically, a fixed-term employment contract is required to be in writing as, in the absence of written proof, it is considered to be concluded for an indefinite period. Day-to-day and seasonal work arrangements are not required to be in writing. Employees may establish by all legal means the existence and content of verbal contracts.

Implied Agreements

Contracts can be implied by actions and the rules of equity. If the parties behave in such a way that an employment contract can be implied, then Congolese law will enforce it as though there were a written contract.

In all public or private organizations (including educational or charitable organizations) the legal working hours of employees, whatever the form of work performed, cannot exceed 45 hours per week or 8 hours per day. Working hours are calculated from the moment when the employee is at the workplace at the employer's disposal, until the moment when the services cease, in accordance with the schedules set by the employer and reproduced in the regulations of the organization. Working hours do not include the time necessary for the employee to get to or from the workplace unless this time is inherent in the work. Unfortunately, the Labor Code does not further define what it means for commuting time to be "inherent in the work."

Hours worked beyond the legal working time are considered overtime and give rise to an increase in pay.

According to the Labor Code of the Democratic Republic of Congo (DRC), legal public holidays are determined by decree of the President of the Republic and the Minister of Labor and Social Welfare, after consultation with the National Labor Council.

Employees are entitled to holiday pay on nationally recognized holidays and a day off.

The DRC has eight national holidays and one religious holiday each year. The following are recognized as public holidays in the DRC:

• New Year's Day - January 1
• Martyrs' Day - January 4
• Heroes' Day Laurent Kabila - January 16
• Heroes' Day Patrice Lumumba - January 17
• Labor Day - May 1
• Liberation Day - May 17
• Independence Day - June 30
• Parents' Day - August 1
• Christmas Day - December 25

The Labor Code of the Democratic Republic of Congo allows the use of probationary periods in employment contracts. The probationary period must be evidenced in writing. Its duration may not exceed 1 month for unskilled laborers or 6 months for other employees. If the probationary period exceeds the maximum limit, it will be automatically reduced to a maximum of 1 month or 6 months (depending on whether the worker is an unskilled laborer).

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.

Minimum Wage

The minimum wage in the DRC was last revised in 2024 and set to CDF 70,400 (Congolese francs) per month.

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.

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, Congo Brazzaville, Rwanda, and Zimbabwe are exempt from visa requirement in the DRC.

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

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.