Minimum Wage
The legal and regulatory provisions relating to the minimum wage in the Republic of Congo are set out in the Labour Code and Decree No. 2006-89 of 9 March 2006 setting the hourly and monthly rates of minimum hierarchical wages.
There are two types of minimum wages in the Republic of Congo, the SMIG (Guaranteed Interprofessional Minimum Wage) and the SMAG (Guaranteed Agricultural Minimum Wage). The SMIG is set at 50,400 CFA francs per month of work and is valid throughout the country and in all sectors of activity.
It is also provided that the readjustment by raising the wages defined by collective agreements and statutes is collective agreements and the special statutes of public bodies is automatic when the said wages are less than 50,400 CFA francs.
In accordance with the Labour Code, the hourly and monthly minimum wage rates are set by decrees issued after consultation with the National Labour Advisory Commission, and, in the absence of collective agreements or in the absence of such agreements, they also determine the minimum wages for each professional category, as well as the minimum rates for overtime and night work or work on non-working days, and, where applicable, seniority and attendance bonuses.
Decree No. 2006-89 of 9 March 2006 sets the hourly minimum wage rates for workers in the professional categories and levels defined by regulation for activities not governed by collective agreements.
Specifically, the hourly rates of the guaranteed interprofessional minimum wage are those applied in the branches of activity covered by the 40-hour working week regime, while the hourly rates of wages in the agricultural sector and similar sectors are those of the 46-hour working week regime.
Violators of the provisions relating to wages, minimum wages, bonuses and allowances of any kind are punished by a fine of CFAF 40,000 to CFAF 150,000 and in the event of a repeat offence by a fine of CFAF 100,000 to CFAF 250,000.
Sources: Articles 83, 1st paragraph & 255, points a) & b) of the Labour Code 1975, modified by law n°1988-22 and law n°1996-06; Articles 1 & 2 of Decree n° 2008 - 942 of 31 December 2008 fixing the amount of the guaranteed interprofessional minimum wage (SMIG); Art.1, 2, 3 & 9 of Decree n° 2006-89 of 09 March 2006 fixing the hourly and monthly rates of the minimum hierarchical wages
Regular Pay
Under the Congolese Labour Code, it is stipulated that wages are paid in legal tender, notwithstanding any stipulation to the contrary. In addition, the law formally prohibits the payment of all or part of the salary in alcohol or alcoholic beverages, as well as the payment of all or part of the salary in kind.
In principle, except in cases of force majeure, payment is made at the place of work or at the employer's office when it is close to the place of work. It is also stipulated that payment may be made during working hours when these coincide with the normal opening hours of the cash office. However, in no case may it be made either in a drinking establishment or in a sales shop, except for workers normally employed there, or on the day when the worker is entitled to rest.
Thus, with the exception of professions for which established practices provide for a different periodicity. Thus, except for occupations for which established practice provides for a different periodicity of payment, and which shall be determined by order of the Minister of Labour and Social Security after consultation of the National Labour Advisory Commission, wages shall be paid at regular intervals not exceeding fifteen days for workers employed on a daily or weekly basis, and one month for workers employed on a fortnightly or monthly basis. However, a daily worker, engaged by the hour or by the day, for a short-term occupation, shall be paid each day after the end of the work.
Monthly payments must be made no later than eight days after the end of the month of work that gives entitlement to the wage, and fortnightly or weekly payments four days after the fortnight or week that gives entitlement to the wage.
As for deductions from wages, only compulsory levies and deposits which may be provided for in collective agreements and individual employment contracts may be withheld from wages.
However, the repayment of advances of money granted by the employer to the worker may only be subject to deductions from wages or salaries by garnishment or voluntary assignment before the magistrate of the place of residence or before the labour inspector.
The determination of the portions of wages subject to progressive deductions and the rates relating thereto shall be provided for by decrees issued after the opinion of the National Labour Advisory Commission. The deduction referred to in the preceding article may not, for each pay, exceed the rates fixed by decree.
Consequently, for the calculation of the deduction, account must be taken not only of the salary itself but also of all the accessories to the salary, with the exception of allowances declared non-seizable by the regulations in force, sums allocated by way of reimbursement of expenses incurred by the worker and family allowances or dependents.
Source: Articles 87-88; 100&101 of Law n°1975-45 of 15 March 1975 on the Labour Code, amended by Law n°1988-22 of 17 September 1988 and Law n°1996-06 of 6 March 1996
