Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Democratic Republic of the Congo (Ratification: 1969)

The Committee notes that the Government’s report has not been received. It notes the entry into force of Act No. 015/2002 of 16 October 2002 issuing the Labour Code.

Article 1 of the Convention. The Committee notes with satisfaction the provisions of the new Labour Code (sections 62, 234 and 321) which prohibit all acts of anti-union discrimination, including unilateral termination of employment contracts by employers for membership of a union or union activities, a matter raised by the Committee in its previous comments. The Committee further notes that, under section 63 of the new Code, where a contract of indefinite duration is terminated without due cause, the worker may be reinstated or, failing that, is entitled to damages, the amount of which is to be set by the labour courts. Under section 321 of the Code, breach of section 234 may be sanctioned by a fine of up to 20,000 Congolese francs (constant) (the average monthly wage of a worker is 2,400 Congolese francs).

Article 2. The Committee notes with interest that further to its comments the new Code, in section 235, prohibits all acts of interference by workers’ organizations and employers’ organizations in each other’s affairs on pain of sanctions (section 321). It notes that acts of interference are to be defined more specifically in a ministerial order under section 236 of the Code, and asks the Government to provide a copy of the order once it is adopted.

Article 4. With regard to collective bargaining in the public sector, the Committee notes that section 1 of the Code specifies the Code’s scope and expressly excludes career members of the state public service who are governed by the General Regulations (Act No. 81-003 of 17 July 1981 establishing the regulations of career members of the state public service) and career members of the state public service who are governed by specific regulations. In its previous observation the Committee had noted that the Government had set up a joint committee for the purpose of: (1) examining the social conditions of state employees and officials; (2) examining problems specific to the services of these employees and their administrative position; and (3) regulating trade union activities in the public administration. Lastly, the Committee asks the Government to indicate whether public servants who are not engaged in the administration of the State have the right to bargain collectively, and to provide information in future reports on measures to encourage and promote the negotiation of terms and conditions of employment between the public authorities and workers’ organizations in this sector.

The Committee notes the comments on the application of the Convention made by the organization Conscience of the Workers and Peasants of the Congo on 10 July 2003 and requests the Government to send its response in this respect.

The Committee is addressing a request directly to the Government.