→ Section 1 of the LC 2002 (LC) provides for the application of the DRC Labour Code to all workers and employers, including those in public enterprises, conducting professional activities within the Democratic Republic of Congo, regardless of race, sex, marital status, religion, political opinion, national ancestry, social origin, nationality, nature of work, remuneration, or contract location, provided the contract is executed in the DRC. It also extends to public service workers hired under labour contracts.
▻ However, the Code does not fully apply to seafarers and inland waterway workers unless their specific regulations are silent or explicitly refer to the Labour Code.
▻ Excluded from its scope are magistrates, career agents of public services governed by the general statute, career agents and officials of public services under specific statutes, and members of the Congolese Armed Forces, National Police, and National Service.

See sections: 39-42, 45, 69-70 of LC.

→ Under section 40 of the LC, a fixed-term contract (Contrat à Durée Déterminée) is defined as one concluded for a specific duration, a specific task, or to replace a temporarily unavailable worker.
→ Under section 42 of the LC, when a worker is hired for a permanent position in an enterprise or establishment, the contract must be an indefinite-term contract. Any fixed-term contract concluded in violation of this requirement is automatically considered an indefinite-term contract.

▶ LC 2002
→ Section 41 of the LC outlines the duration limits and renewal restrictions for fixed-term contracts which cannot exceed two years, or one year if the worker is married and separated from their family, or is widowed, legally separated, or divorced and separated from their children under their custody.
▻ A worker cannot enter into more than two fixed-term contracts with the same employer or company, nor renew a fixed-term contract more than once, except for seasonal work, specific projects, or other work defined by a ministerial decree issued by the Minister of Labour and Social Welfare after consultation with the National Labour Council. ▻ Any contract executed in violation of these rules, or continued service beyond these exceptions, automatically constitutes an indefinite-term contract except for seasonal work and other types of work to be determined by the Ministry of Labour.

▶ Ministerial Order n°063 (2011)
The Ministerial Order n°063/CAB/PVPM/ETPS/2011 provides a list of activities for which the statutory limitation on the number of successive FTCs (max. 2) does not apply (see art. 2 of the Order). These include seasonal work such as harvest, farming activities, plant weeding and watering, fishing, and activities undertaken on a rotating basis in the mining, oil and hotel industries. This exclusion also covers: work performed for the construction of structures (bridges, roads, railways, roads, hospital. runways), work performed for a specific program or project with a fixed-term, humanitarian work, part-time and temporary work to add to the working hours of an employee who is unable to work full time for one reason or another, work to be performed temporarily until the effective starting date of a newly recruited employee, and work to be performed in case of temporary increase of activity.

→ Under section 41 of the LC, a fixed-term contract cannot exceed two years, or one year if the worker is married and separated from their family, or is widowed, legally separated, or divorced and separated from their children under their custody.
▻ A worker cannot enter into more than two fixed-term contracts with the same employer or company, nor renew a fixed-term contract more than once, except for seasonal work, specific projects, or other work defined by a ministerial decree issued by the Minister of Labour and Social Welfare after consultation with the National Labour Council.
▻ Any contract executed in violation of these rules, or continued service beyond these exceptions, automatically constitutes an indefinite-term contract (Contrat à Durée Indéterminée).

→ Under section 43 of the LC, any employment contract may include a trial period clause, which must be documented in writing. The trial period’s duration cannot exceed the time necessary to assess the worker’s suitability, considering the job’s technical requirements and professional norms. The maximum trial period is
▻ One month for unskilled labourers and
▻Six months for other workers.
⇒ If a trial period exceeds these limits, it is automatically reduced to one month or six months, as applicable. Continuing employment beyond the maximum trial period automatically confirms the employment contract as permanent.

▷ General grounds
→ Section 1 LC on non-discrimination.
→ Section 62 LC on invalid grounds for dismissal.
▷ Specific protection
→ Section 130 LC on maternity.
→ Section 234 LC on trade union activities.

▷ HIV status
▶Act no 08/011, 14 July 2008 on the protection of persons living with HIV/AIDS and affected persons (Loi n° 08/011 du 14 juillet 2008 portant protection des droits des personnes vivant avec le VIH/SIDA et des personnes affectées available at: http://www.leganet.cd/Legislation/Droit%20Public/SANTE/L.08.011.14.07.2008.htm) : HIV/AIDS status cannot be a cause for terminating an employment contract (§. 21).
▶ The 2016 Law No. 16/010 amending the Labour Code explicitly includes HIV/AIDS status in the list of prohibited grounds for termination (Art. 62 LC).

▷ Pregnant women /women on maternity leave
→ Section 128 of the LC prohibits maternity-related discrimination in employment. Employers are forbidden from requiring a female job applicant to undergo a pregnancy test or provide a certificate regarding pregnancy status, except for jobs where pregnancy or breastfeeding poses a recognised or significant health risk to the woman or child, or where such work is wholly or partially prohibited for pregnant or breastfeeding women.
Under section 130 of the LC, a woman is entitled to suspend work for 14 consecutive weeks around childbirth—up to eight weeks post-delivery and six weeks pre-delivery—without this interruption being considered a cause for contract termination. The employer is prohibited from terminating the employment contract during this period.
▷Workers' representatives:
→ Section 258 LC outlines protections for union delegates (titular or alternate) regarding dismissal or transfer that would result in loss of delegate status. Any such dismissal or transfer requires prior approval from the Labour Inspector as a suspensive condition. If the employer cites gross misconduct, they may suspend the delegate’s duties as per section 72 of the Labour Code, but dismissal only takes effect after the Labour Inspector’s decision.
▻ The employer is required to notify the Labour Inspector via hand-delivered or registered letter with acknowledgement of receipt, and the Inspector must respond within one month; failure to do so implies approval.
▻ The Inspector’s decision can be appealed judicially as per a ministerial decree issued after consultation with the National Labour Council.
▻ Unless gross misconduct is proven, dismissed delegates are entitled to double the standard notice period under section 64, with a minimum of three months.
▻ Candidates for worker representation are protected from dismissal from the filing of electoral lists until the announcement of election results, and non-elected or non-reelected candidates receive the same extended notice period for six months post-election.
▻ In addition, if such approval is granted, the notice period is twice the statutory notice period and cannot be less than 3 months.

Under section 76 of the LC, any termination of an employment contract must be communicated in writing by the initiating party to the other party. When the employer initiates the termination, the written notification must explicitly state the reason for the termination.

▶ LC 2002
→ Under section 64 of the LC, the statutory minimum notice period is 14 days, increased by 7 days for each year of service.
▶ Ministerial Order No. 12 (2005)
The Ministerial Order No. 12/CAB.MIN/TPS/117/2005 of 26 October 2005 outlines notice periods that vary according to the category of workers concerned.
▻ Section 6: For workers belonging to categories 1 to 5 (ranging from unskilled to highly skilled workers), the notice period is the same as the one set out in art. 64 LC (minimum 14 days, increased by 7 days for each completed year of service).
▻ Section 7: For first-line supervisors ("agents de maîtrise"), the notice period is a minimum of 1 month, increased by 9 days for each completed year of service.
▻ Section 8: For managerial positions ("cadre de direction et cadre de collaboration"), the notice period is a minimum of 3 months, increased by 16 days for each completed year of service.
[Note: For the purpose of the calculation, 1 month was considered as 30 days.]

▶ LC 2002
→ Under section 78 of the LC, mass dismissals are prohibited, except in certain cases to be determined by the Ministry of Labour.
▶ Ministerial Order N° 12
The Ministerial Order N° 12/CAB.MIN/TPS/116/2005 of 26 October 2005 provides a definition of mass dismissal (§ 1) and outlines specific procedures to be followed in the event of termination of one or more employees for economic reasons or based on the operational requirement of the undertaking (§§ 5 to 8).

▶ LC 2021
→ Section 78 LC requires the employer to notify the administration in the event of an economic dismissal. When employers plan to lay off one or more employees for economic reasons, they must follow a prescribed procedure. The Labour Inspector ensures that the employer complies with this procedure and the criteria used for selecting employees for dismissal. If the procedure or criteria are not followed, the Labour Inspector notifies the employer in writing, and the employer must respond before proceeding with the dismissals.

▶ LC 2002
→ Section 78 of the LC.
▶ Ministerial Order No. 12 (2005)
Sections 4, 5 and 7 of Ministerial Order No. 12/CAB.MIN/TPS/116/2005, dated 26 October 2005, provides for notification to the public administration.
→ Under section 4, mass dismissals based on the operational requirements of the undertaking must be authorised by the Ministry of Labour. The procedure for mass dismissals due to operational necessities or economic reasons, as defined in sections 62 and 78 of the LC 2002, applies when the number of affected employees meets or exceeds the thresholds specified in section 1 of the Ministerial Order No. 12. In such cases, the employer, after consulting and involving the trade union delegation and representatives of respective professional organisations, must submit a request for dismissal authorisation to the Minister of Labour and Social Welfare. The Minister must make a decision within 45 calendar days after notifying relevant ministers overseeing economic relations with the enterprise, establishment, or service. If no decision is made within this period, the request is deemed approved.
→ Under section 5, dismissals connected to the operational requirements of the enterprise, which do not amount to mass dismissal as defined in section 1 (see definition above), must be notified to and authorised by the labour inspector.
→ Under section 7, dismissals based on economic reasons of one or more workers, which do not reach the required numbers for mass dismissal, shall be notified to and approved by the labour inspector.

▶ LC 2002
→ Under section 78 of the LC, the employer planning to dismiss one or more employees for economic reasons must inform the workers' representatives in the company in writing at least fifteen days in advance. This notification must outline the measures the employer intends to take, with the purpose of gathering suggestions from the representatives before proceeding with the dismissals.

▶ Ministerial Order No. 12 (2005)
Sections 4, 5 and 7 of Ministerial Order No. 12/CAB.MIN/TPS/116/2005, dated 26 October 2005, provides for approval of the public administration.
→ Under section 4, mass dismissals based on the operational requirements of the undertaking must be authorised by the Ministry of Labour. The procedure for mass dismissals due to operational necessities or economic reasons, as defined in sections 62 and 78 of the LC 2002, applies when the number of affected employees meets or exceeds the thresholds specified in section 1 of the Ministerial Order No. 12. In such cases, the employer, after consulting and involving the trade union delegation and representatives of respective professional organisations, must submit a request for dismissal authorisation to the Minister of Labour and Social Welfare. The Minister must make a decision within 45 calendar days after notifying relevant ministers overseeing economic relations with the enterprise, establishment, or service. If no decision is made within this period, the request is deemed approved.
→ Under section 5, dismissals connected to the operational requirements of the enterprise, which do not amount to mass dismissal as defined in section 1 (see definition above), must be authorised by the labour inspector.
→ Under section 7, dismissals based on economic reasons of one or more workers, which do not reach the required numbers for mass dismissal, shall be approved by the labour inspector.

→ Section 78 of the LC outlines the requirements for an employer planning to dismiss one or more employees for economic reasons. The employer must follow a specific order of dismissals based on professional qualifications, seniority in the establishment, and the worker’s family responsibilities. At least fifteen days in advance, the employer must inform workers’ representatives in writing of the intended measures to gather their suggestions. Priority for dismissal is given to workers with the least professional aptitude for the remaining roles; in cases of equal aptitude, those with less seniority are dismissed first, with seniority increased by one year for married workers and one year per dependent child as per section 7 of the Labour Code.

→ Section 78 of the LC, provides for the reemployment priority for workers dismissed for economic reasons. A dismissed worker retains priority for rehiring in the same job category for one year. During a second year, this priority continues, but rehiring may be subject to a professional trial or probationary period, not exceeding the trial period set by the collective agreement or, in its absence, section 43 of the Labour Code (one month for unskilled laborers, six months for others). The worker must inform the employer of any address changes after leaving the company. If a vacancy arises, the employer must notify the worker via registered letter with acknowledgment of receipt or hand-delivered letter to the worker’s last known address. The worker must report to the company or establishment within a maximum of fifteen days from receiving the notification.

▻ No general right to severance pay. However, commercial workers may be entitled to severance pay.

▶ ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR)
▻In its 2008 Observation, the CEACR noted that: "The Government indicated that the provisions of this Article of the Convention are given effect to only by a Memorandum of Understanding concluded in October 1999 between company heads of the commerce sector represented by the Congolese Federation of Enterprises (FEC) and various trade union organizations, which provides for payment of a severance allowance, the amount of which depends on the length of service. The Committee noted that the Memorandum of Understanding was concluded under section 49 of the Labour Code which provides that a worker whose employment has been terminated may also be paid a termination allowance if the contract or collective agreement so provides. In this respect, the Committee recalls, once again, that under Article 1 of the Convention, where the provisions of the Convention are not made effective by means of collective agreements, arbitration awards or court decisions or in such other manner as may be consistent with national practice, they shall be given effect to by laws or regulations. The Committee also recalls that under Article 12, paragraph 1, a worker whose employment has been terminated is entitled to a severance allowance or any other form of income protection or benefit, and trusts that the Government will take the necessary steps to give effect to this provision of the Convention for workers who are not covered by the Memorandum of Understanding in the commerce sector or any other collective agreement, and that it will provide this information in its next report. The Government is also requested to indicate the manner in which it gives effect to Article 12, paragraph 3, under which, in the event of termination for serious misconduct, provision may be made for loss of entitlements or allowances by the methods of implementation referred to in Article 1 of the Convention".

▻ Since 2008, the CEACR has consistently underlined the lack of disposition on severance pay and requested that the Government take the necessary actions to ensure compliance with the requirements of Article 12 of Convention 158. In this respect, in its 2018 Observation (published 108th ILC session (2019)), the CEACR recalled, once more, its previous comments and noted that "the Labour Code does not specify the severance allowance which is to be paid to workers, in accordance with Article 12 of the Convention. The Committee once again invited the Government to indicate the manner in which effect is given to Article 12 of the Convention".

- Please note that no information was found on whether this 1999 memorandum of understanding, which provides for severance pay for commercial workers upon termination, is still in force.
- Please also note that the provision concerning severance pay on which the memorandum of understanding was based (art. 49 LC) refers to the former 1962 Labour Code and has been repealed in the 2002 Labour Code.

The Labour Code does not explicitly outline a statutory redundancy payment formula beyond compensation for the lack of notice period. Compensation for economic dismissals primarily covers the notice period (including remuneration and benefits), unless the dismissal is deemed unfair, in which case broader compensation may apply.

No statutory severance pay or redundancy payment foreseen by the LC.