Minimum Wage
In accordance with the Decree determining the methods for setting and adjusting the guaranteed interprofessional minimum wage, minimum family allowances and the equivalent value of housing, the guaranteed interprofessional minimum wage is understood to be the minimum sum set by the public authorities below which no worker may be paid under penalty of sanction.
A decree of the President of the Republic, issued on the proposal of the Minister of Labour and Social Security, after consultation with the National Labour Council, sets the guaranteed minimum interprofessional wages and the rates of minimum family allowances, and in the absence of collective agreements or in their absence, the minimum wages per professional category.
The setting and adjustment of interprofessional minimum wages takes into account the worker's essential needs, the cost of living, the general level of wages and the general economic situation. The adjustment of the SMIG is entrusted to a Tripartite Commission set up within the Ministry of Labor and Social Security, which meets at the beginning of each year to evaluate the SMIG. The same commission is also responsible for monitoring the application of the SMIG.
The recent revision of the minimum wage dates from 2018 and the rate has been set at 7,075 Congolese francs. The mission of ensuring the application and respect of the legal provisions relating to wages and general working conditions is the responsibility of the Labor Inspectorate.
For those who violate the provisions relating to minimum wages, the law provides for a monetary penalty not exceeding 20,000 constant F.C. for this purpose.
Sources: Articles 3, 4 and 10 of Decree no. 079/2002 of July 3, 2002 determining the methods for setting and adjusting the guaranteed interprofessional minimum wage, minimum family allowances and the equivalent value of housing; Articles 2 and 10 of Decree no. 18/017 of May 22, 2018 setting the guaranteed interprofessional minimum wage, minimum family allowances and the equivalent value of housing; Articles 87-97 & 321 of the Labor Code, 2002
Regular Pay
In accordance with the Labor Code, salaries must be paid regularly in cash during working hours, at the agreed time and place and in legal tender. The amount of remuneration cannot be less than the guaranteed minimum interprofessional wages and is determined by the hour, day, week or month, by the piece or by the task.
Monthly payments must be made no later than six days following the period to which it relates. It is also the employer's responsibility to pay the agreed salary, regularly and punctually, in an interval not exceeding one month.
In the event of definitive termination of services, unpaid wages are paid to the worker no later than two working days following the date of termination of services.
The payment of all or part of the wages in kind is prohibited.
The employer is also prohibited from restricting in any way the worker's freedom to dispose of his or her wages as he or she sees fit. Workers are entitled to wages without any deductions and/or reductions resulting in direct or indirect payments by the employer. Wages that are due to workers in the event of bankruptcy or judicial liquidation must be paid in full before other creditors claim their share. On each payday, the employer must provide all workers with a written pay slip of the wages paid.
Payments must be recorded on their date in a payroll book issued to the worker at the time of payment.
Sources: Articles 98-103 and 110-112 of the Labour Code, 2002; Article 2 of Ministerial Order No. 12/CAB.MIN/ETPS/ 042 of August 8, 2008, establishing the model payroll book and written statement of remuneration