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Globalpedia

Employer of Record (EOR) in CdDemocratic Republic of the Congo

Population

111,859,928

Languages

1.

French

Country Capital

Kinshasa

Currency

Congolese franc (CDF)

Growing your business internationally can be highly rewarding when you have an effective strategy and a solid network to support it. If you’re planning a global expansion in the Democratic Republic of the Congo, G-P is ready to help.

We’ll serve as your Employer of Record (EOR), using our established entity in the country to streamline your setup process. Our country-specific experts can address your requirements, from navigating compliance to establishing best practices for hiring abroad.

Hiring in the Democratic Republic of the Congo

Located in central Africa, the Democratic Republic of the Congo is the second largest country on the continent. It has a sizable population and offers many business opportunities for growing companies. Having the right resources is critical to moving your operations forward and establishing your business as quickly as possible.

From recruiting and hiring to doing business, you can manage your operations seamlessly in a new country when you work with G-P.

We’ll be at your side to manage compliance, provide country-specific expertise, manage payroll and benefits packages, and address other vital needs. Our extensive global network allows us to provide enhanced support and solutions so your team can get to work sooner.

In any business environment, you can keep some best practices in mind to position yourself well in the community. Be sure to show courtesy and professionalism as you engage with other businesses, job candidates, and current employees. Developing a strong network in the region is essential. Prioritize engaging your business connections and employment applicants on a personal level as you establish your business in the region.

Employment Contracts in the Democratic Republic of the Congo

Before you start hiring new team members, you’ll need to create a contract outlining your operational requirements and your expectations for your employees. You should outline this essential information in writing so all of the involved parties will have a record. If written contracts are not applicable for your employment situation, you may use other legal means with witnesses to establish the terms of service with your employees.

According to national labor laws, you may establish a probationary period of one month for unskilled labor and up to six months for specialized labor. During this probationary period, you may dismiss employees without notice.

You have the option of creating a daily contract, a fixed-term contract, a defined-scope contract, an open-ended contract, or an independent contract. The appropriate choice for your employee will depend on what type of position you need to fill and the duration of the service.

Your contracts for new employees should include some essential information outlining workplace conditions and setting expectations. Include the following details:

  • Place of work
  • Wages
  • Rate of wages, such as hourly, daily, or weekly
  • Working hours
  • Terms of termination
  • If applicable, information about the probationary period

Working Hours in the DRC

Standard work hours should not exceed nine hours a day or 45 hours a week. If you require any employees to work additional time for specific circumstances, you may consider providing further compensation. While not required, this benefit will give your business a competitive edge in the market and help reward your employees for extra service.

Holidays in the Democratic Republic of the Congo

The DRC has several public holidays during which employees are entitled to receive paid leave:

  • New Year’s Day
  • Day of the Martyrs
  • Remembrance of Laurent Kabila
  • Remembrance of Patrice Lumumba
  • Labour Day
  • Liberation Day
  • Independence Day
  • Parents’ Day
  • Christmas Day

Vacation Days in the DRC

Employees who have worked for your company for two years or longer are entitled to one day of annual leave per month of service. After meeting these requirements, they may also receive an additional day of leave per each continuing five years of service with your company. You are obligated to provide full pay throughout the duration of the leave.

Democratic Republic of the Congo Sick Leave

Employees who have worked for your company for at least six months may receive 10 days of fully paid sick leave. After that period, their pay may incrementally decrease every 10 days to partially paid leave for up to 30 days. If they are unable to return to work after 30 days, their contract may be temporarily suspended.

Maternity/Paternity Leave in the Democratic Republic of the Congo

Female employees who have worked for your company for at least six months are entitled to 14 weeks of maternity leave with partial pay. They may use leave before and after giving birth, though the maximum number of postnatal leave they can take is eight weeks.

DRC Supplementary Benefits

Employers are obligated to provide medical coverage for all employees. You can also offer supplemental benefits to meet your employees’ practical needs or help them work more effectively at the job site. Some options you can consider offering include:

  • Annual gratuity
  • Salary adjustments based upon temporary incapacity
  • Indemnity in case of death
  • Salary advances in exceptional circumstances
  • Family and child care
  • Housing assistance
  • Transportation assistance
  • Child education support

Termination/Severance in the Democratic Republic of the Congo

You may dismiss an employee if you have just grounds according to labor codes. Valid grounds for termination include:

  • Wrongful or unlawful acts that the worker committed during performance of duties
  • Wrongful or unlawful acts committed outside of the workplace but in conjunction with duties
  • Changing operational or staffing needs in your business based on economic conditions

You will need to notify the other party in writing and expressly state the reason for dismissal to complete termination.

Labor laws require that you give 14 working days of notice to employees who have worked less than a year with you. For each continuous year of service, you must include an additional seven days’ notice. If you must dismiss employees based on market conditions or other unforeseen situations, you may need to provide severance pay.

Paying Taxes in the Democratic Republic of the Congo

Before the 10th day of each month, you are required to submit a tax return for your employees on a Paye As You Earn (PAYE) basis. Tax rates for salaries range from 0 percent to 40 percent based on the level of employee income.

You will also need to contribute 9 percent of total income earnings for your employees’ social security. Any corporate taxes will depend on your company’s income, and you can research national tax laws to determine the rates you must pay for your business.

Some supplemental benefits you offer your employees may also be taxable.

Why G-P

At G-P, we offer extensive resources to help you build your business around the world. If you’re ready to establish your company in the DRC, we’re prepared to assist you with in-country insights, legal expertise, and an already-established entity. Contact our team to learn more.

Disclaimer

THIS CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL OR TAX ADVICE. You should always consult with and rely on your own legal and/or tax advisor(s). G-P does not provide legal or tax advice. The information is general and not tailored to a specific company or workforce and does not reflect G-P’s product delivery in any given jurisdiction. G-P makes no representations or warranties concerning the accuracy, completeness, or timeliness of this information and shall have no liability arising out of or in connection with it, including any loss caused by use of, or reliance on, the information.

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