Congo PEO & Employer of Record

WeHG provides an International PEO and vglobal Employer of Record service in Congo to companies willing to join the Congo market or hire local/expat employees in this area.

Traditional approach requires establishing a subsidiary in Congo.  However our Employer of Record solution allows you to start the operations in Congo within days hence save time and money.  WeHG would hire candidates on your behalf while you maintain full operational control of their work. So legally they would be our employees, on our local payroll, 100% compliant but will work on your behalf. 

Congo fast facts

Population, million: 86.79 million
Land area, sq. km: 2.345 million km²
Capital: Kinshasa
Local currency: Congolese franc (CDF)

GDP per capita:$390.00
GDP in currency:$ 34 billion
Economic growth percentage: 2.3%
Inflation rate (consumer prices): 7.7%
Volume of export: $ 12600.00 million
Import of goods and services: $ 6.5 billion
Total population: 86.79 million
Population of working age (15-64): 63.7%

Congo, also known as the Congo Republic, Congo-Brazzaville or just Congo. The country was until independence in 1960 part of the French colony of Equatorial Africa.

The country is located in the central-western part of sub-Saharan Africa along the Equator, it has a short (170 km) coastline at the South Atlantic Ocean. Congo is bordered by Angola (the enclave of Cabinda), Cameroon, Central African Republic, Democratic Republic of the Congo(Kinshasa), and Gabon.

Congo-Brazzaville has a population of about 4 million people. Capital and largest city is Brazzaville, the city is located on the Congo River, in the south of the country, across Kinshasa, capital of the Democratic Republic of the Congo.

Hiring, Negotiating and Doing Business in Congo

Necessity of written employment contract

Congolese employment law is somewhat ambiguous as to whether there is a requirement to have contracts in writing. It seems that the legislator has left room for oral contracts since the current Labour Code (2002) mentions that a contract that is not in writing will be deemed to have been concluded for an indefinite period of time. However, a Ministerial Decree that pre-dates the current Labour Code of 2002 and was confirmed by a Ministerial Decree of 2011 requires that employment contracts be in writing. In any case, it is strongly recommended that fixed-term employment contracts be in writing in order to avoid any reclassification as open-ended (indefinite) agreements.

When in writing, the employment contracts must include at least the following:

• the name of the employer;
• the employer’s identification number at the National Social Security Institute (INSS);
• surname, given name, post-name(s) and gender of the worker;
• the worker’s identification number at the INSS and, where appropriate, the order number assigned to him by the employer;
• the date of birth of the worker or, failing that, the presumed year thereof;
• the worker’s place of birth and nationality;
• the worker’s family situation;
• surname, given name, or post-name(s) of the spouse;
• surname, given name and date of birth of each dependent child;
• the nature and modalities of the work to be performed;
• the amount of the agreed remuneration and other benefits;
• the work place;
• the duration of the commitment;
• the duration of the notice period (dismissal);
• the entry into service date;
• the place and date of conclusion of the contract; and
• the ability to work duly certified by a doctor.

The draft contract must be drawn up in French and submitted to the worker at least two working days before it is signed. Signed copies must be given to the employer, the worker and the authority empowered to endorse the contract.

The employer is required to submit the contract to the National Employment Office (Office National de l’Emploi) for approval within 15 days from the date of signature of the contract. Failure to do so entitles the worker to terminate the employment contract at any time, without having to comply with a notice period. The worker can also claim damages. In the event the National Employment Office refuses to approve the agreement, the latter ends automatically.

Congo Employment Contract

Types of employment agreements

Under Congolese law, an employment contract entered into for a definite period of time is a contract concluded with a fixed term, or for a specific work, or in order to replace a temporarily unavailable worker. Where the contract does not fit into one of the categories described in 2.1 Status of Employee, it qualifies as an employment contract of indefinite duration.

Generally speaking, as regards working conditions, workers employed under a fixed-term contract may not be treated less favourably than comparable permanent workers solely on the ground that they are hired for a fixed period (or a specific task, or in order to replace a temporarily unavailable worker), unless difference in treatment is justified by objective reasons. Where justified, their rights may be determined in proportion to the duration of the contract.

Specific rules also apply to what is called “daily labour” under Congolese law; that is, contracts concluded on a day-by-day basis. Where such contracts are concluded for more than 30 days of work within a period of two months, the worker will be deemed to have been hired for an indefinite term.

Congo working hours

The legal working time may in any case not exceed 45 hours per week and eight hours per day. These hours do not include the time required for the worker to travel to or from the place of work, unless this time is inherent to the work.

Overtime

Hours worked in excess of the legal working hours will be considered overtime and the worker will then be entitled to an overtime pay.

The overtime pay amounts to a percentage of the corresponding salary:

• 30% for each of the first six hours worked in excess of the statutory weekly working time or the period considered equivalent;
• 60% for each of the following hours; and
• 100% for each hour of overtime performed on the weekly day of rest.

Vacation leave in Congo

Under Congolese law, the employer has the obligation to grant vacation and vacation pay to the workers. The right to vacation pay arises at the end of each year of service counted from date to date. The worker cannot renounce to his vacation rights.

The vacation period must be fixed by mutual agreement at a convenient moment for both parties and fall no later than six months after the right arose.

The duration of the vacation period varies in accordance with the age of the workers. For workers aged 18 and over, the vacation period must at least be equal to one working day per full month of service. For workers below the age of 18, the period is at least equal to one and a half working days per full month of service. These durations are increased by one working day for every five years of occupation with the same or substituted employer.

The vacation pay is equal to the corresponding remuneration, all benefits included, as on the day on which they leave for holiday.

Occasional Leave

The Congolese Labour Code provides for the following occasional leave:

• worker’s wedding – two working days;
• delivery of the wife – two working days;
• death of spouse or of a first-degree relative – four working days;
• child’s wedding – one working day; and
• death of a relative – two working days.
• These days are not deductible from the legal minimum vacation and cannot be split. The employer must only pay for occasional leave up to a maximum of 15 working days per year.

Congo Maternity Leave

The maternity leave under Congolese law consists of a suspension of the employment contract during 14 consecutive weeks, of which a maximum of eight weeks after delivery and six before delivery. During this period, the mother is entitled to two thirds of her pay (benefits included). The employer may not terminate the employment contract during this period.

When a mother breastfeeds her child, she is entitled to two half-hour rests a day to allow her to breastfeed. These rest periods shall be remunerated as working time.

Congo Severance Laws

Any dismissal must be motivated by a valid reason. According to the Congolese Labour Code, a valid reason is a reason based on:

• acts committed at the workplace by the worker whilst performing his tasks;
• acts committed outside the workplace but linked to the performance of the tasks; or
• the operational needs of the undertaking.

Some potential reasons are flagged in the Code as invalid:

• affiliation or non-affiliation to a union, or participation in union activities outside the working hours, or, with the employer’s consent, during the working hours;
• soliciting, exercising or having exercised a worker representation mandate;
• filing a complaint or participating in proceedings against an employer for alleged violation of the law, or bringing an action before the competent administrative authorities;
• race, colour, gender, marital status, family responsibilities, pregnancy, childbirth, religion, political opinion, national or social origin, ethnic group, HIV status; and
• absence from work during maternity leave.

Termination Formalities

Any termination must be notified in writing by the party who takes the initiative to the other party. Where termination is at the employer’s initiative, the letter of notification must expressly state the reason for dismissal. There is no motivation regime a posteriori.

Termination of an indefinite employment contract without a valid reason entitles the worker to reinstatement. Failing this, the worker will be entitled to damages fixed by the labour court (with a maximum amount equivalent to 36 months of the worker’s remuneration).

Any dismissal based on the operational needs of the company, establishment or service is subject to a specific procedure (comply with a hierarchy of dismissals, information of workers’ representatives, verification of compliance with the procedure by the Labour Inspectorate, etc).

Where the employer is considering dismissing on grounds relating to the worker’s ability or conduct, he must, before any decision is taken, allow the person concerned to present his defence.

Congo Tax

Income tax – Individuals 

Taxable income (XAF) Rate 

• 0 – 464 000 1% 
• 464 001 – 1 million 10% 
• 1 000 001 – 3 million 25% 
• Over 3 million 40%

Social security

Employers generally are not required to make social security contributions for employees temporarily seconded to Congo that stay in the country for less than three months. Otherwise, the employer must pay social security contributions on employees’ total remuneration in cash and in kind to the National Social Security Office (CNSS). The rate of social security contributions is 20.29%, which includes a pension contribution of 8% of maximum gross salary, with a monthly limit of XAF1.2 million; a family allowance contribution of 10.04% of maximum gross salary, with a monthly limit of XAF600 000; and an industrial accident contribution of 2.25% of maximum gross salary, with a monthly limit of XAF600 000. Employee social security contributions are payable at 0.04% of maximum gross salary, with a monthly cap of XAF1.2 million and are withheld by the employer.

Health Insurance Benefits in Congo

Congo Holidays

• New Year’s Day
• Easter Monday
• May Day
• End of the Second World War
• Eid al-Fitr
• Independence Day
• Eid al-Adha
• Proclamation of the Republic
• The Prophet’s Birthday
• Christmas Day

Why Choose WeHireGlobally

WeHG takes care of all the onboarding hurdles, payroll, compensation and bonuses, tax filing, and termination of employment. Our Employer of Record solution allows you to manage your overseas teams efficiently while minimizing cost and risk.