Workers' Representatives Convention, 1971 (No. 135) - Democratic Republic of the Congo (Ratification: 2001)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the general information provided by the Government. In view of the numerous cases examined by the Committee on Freedom of Association which report acts of anti-union discrimination against trade union leaders and representatives, the Committee requests the Government to provide detailed information on the measures taken or envisaged (in particular concerning the action of the Labour Inspectorate) in order to ensure in practice the full implementation of the provisions of the Convention, in particular those concerning the protection of workers’ representatives and the facilities to be afforded to them for the performance of their duties. The Committee also requests the Government to provide detailed information on the application of the relevant provisions of the Labour Code and the applicable regulations, including the number of cases in which acts of discrimination against workers’ representatives have been detected and the follow-up given to those.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the general information provided by the Government. In view of the numerous cases examined by the Committee on Freedom of Association which report acts of anti-union discrimination against trade union leaders and representatives, the Committee requests the Government to provide detailed information on the measures taken or envisaged (in particular concerning the action of the Labour Inspectorate) in order to ensure in practice the full implementation of the provisions of the Convention, in particular those concerning the protection of workers’ representatives and the facilities to be afforded to them for the performance of their duties. The Committee also requests the Government to provide detailed information on the application of the relevant provisions of the Labour Code and the applicable regulations, including the number of cases in which acts of discrimination against workers’ representatives have been detected and the follow-up given to those.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report does not contain information in response to the observations presented by the Confederation of Trade Unions of Congo (CSC) in 2014, alleging that, in several enterprises, workers’ representatives do not enjoy effective protection as set out in Article 1 of the Convention and that some have even been dismissed or demoted. The Committee urges the Government to provide its comments in this regard.

The Committee notes that section 258 of the Labour Code provides that any dismissal of a titular or substitute delegate by an employer or his or her representative or any transfer that involves the loss of status of the delegate shall be contingent on the approval of the competent labour inspector. The Committee also notes: (i) Ministerial Order No. 12/CAB.MIN/ETPS/041/08 of 8 August 2008 on recourse to a judicial review of the decision of the labour inspector in the event of dismissal or transfer of a titular or substitute trade union delegate; (ii) Ministerial Order No. 048/CAB/VPM/METPS/2015 of 8 October 2015 amending and supplementing Ministerial Order No. 12/CAB.MIN/TPS/ar/NK/054 of 12 October 2004 establishing the procedures for workers’ representation and electoral appeals in enterprises or establishments of any kind; and (iii) the protection measures provided for by these two texts, in section 1 and chapters VI (repudiation of a trade union delegate) and VII (facilities afforded to delegates), respectively.

Nevertheless, in view of the many cases examined by the Committee on Freedom of Association, which mainly concern acts of anti-union discrimination against trade union leaders and representatives, the Committee is once again bound to urge the Government to take all the necessary measures (for example, by giving specific instructions to the labour inspectorate) to guarantee in practice the full application of the provisions of the Convention, including those concerning the protection of workers’ representatives and the facilities to be afforded to them for the performance of their functions. The Committee requests the Government to supply information on the application of the relevant provisions of the Labour Code and the Orders mentioned above, with a particular indication of the number of cases in which acts of discrimination against workers’ representatives have been recorded and the follow-up actions taken in this regard.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in the Committee’s previous direct request. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session at the International Labour Conference, for failure to supply reports and information on the application of ratified Conventions. Noting that the Government received technical assistance from the Office and the International Training Centre of the ILO in this respect in November 2017, the Committee expects that the Government will show a more cooperative attitude in the future by fulfilling its constitutional obligations.

The Committee once again requests the Government to provide its comments in reply to the observations presented by the Confederation of Trade Unions of Congo (CSC) in 2014, regarding the anti-union dismissals of trade union representatives.

In view of the numerous cases examined by the Committee on Freedom of Association which mainly concern acts of anti-union discrimination against union leaders and representatives, the Committee is once again bound to urge the Government to take all the necessary measures (for example, by giving specific instructions to the labour inspectorate) to guarantee in practice the full application of the provisions of the Convention, particularly those concerning the protection of workers’ representatives and the facilities to be afforded to them for the performance of their functions.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee requests the Government to provide its comments on the observation on the application of the Convention presented by the Congolese Trade Union Confederation (CTUC) in August 2014, concerning anti-union dismissals against trade union representatives.

In view of the numerous cases before the Committee on Freedom of Association mainly concerning acts of anti-union discrimination against union leaders and representatives, the Committee is bound to urge the Government to take all the necessary measures (for example, by giving specific instructions to the labour inspectorate) to guarantee in practice the full application of the provisions of the Convention, including those concerning the protection of workers’ representatives and the facilities to be afforded to them for the performance of their functions.

Finally, the Committee requests the Government to send copies of the following texts:

• – Ministerial Order No. 36/95 of 21 June 1995 concerning the procedures for the dismissal and transfer of trade union delegates.
• – Ministerial Order No. 12/CAB.MIN/ETPS/041/08 of 8 August 2008 respecting judicial remedies against decisions by the labour inspectorate in cases of the dismissal or transfer of a titular or a deputy trade union delegate.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee requests the Government to provide its comments on the observation on the application of the Convention presented by the Congolese Trade Union Confederation (CTUC) in August 2014, concerning anti-union dismissals against trade union representatives.

In view of the numerous cases before the Committee on Freedom of Association mainly concerning acts of anti-union discrimination against union leaders and representatives, the Committee is bound to urge the Government to take all the necessary measures (for example, by giving specific instructions to the labour inspectorate) to guarantee in practice the full application of the provisions of the Convention, including those concerning the protection of workers’ representatives and the facilities to be afforded to them for the performance of their functions.

Finally, the Committee requests the Government to send copies of the following texts:

• – Ministerial Order No. 36/95 of 21 June 1995 concerning the procedures for the dismissal and transfer of trade union delegates.
• – Ministerial Order No. 12/CAB.MIN/ETPS/041/08 of 8 August 2008 respecting judicial remedies against decisions by the labour inspectorate in cases of the dismissal or transfer of a titular or a deputy trade union delegate.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee requests the Government to provide its comments on the observation on the application of the Convention presented by the Congolese Trade Union Confederation (CTUC) in August 2014, concerning anti-union dismissals against trade union representatives.

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

In view of the numerous cases before the Committee on Freedom of Association mainly concerning acts of anti-union discrimination against union leaders and representatives, the Committee is bound to urge the Government to take all the necessary measures (for example, by giving specific instructions to the labour inspectorate) to guarantee in practice the full application of the provisions of the Convention, including those concerning the protection of workers’ representatives and the facilities to be afforded to them for the performance of their functions.

Finally, the Committee requests the Government to send copies of the following texts:

• – Ministerial Order No. 36/95 of 21 June 1995 concerning the procedures for the dismissal and transfer of trade union delegates.
• – Ministerial Order No. 12/CAB.MIN/ETPS/041/08 of 8 August 2008 respecting judicial remedies against decisions by the labour inspectorate in cases of the dismissal or transfer of a titular or a deputy trade union delegate.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee previously noted the comments of the World Confederation of Labour (WCL) and the Congolese Trade Union Confederation (CSC) concerning the difficulties relating to the application of the Convention in practice, despite the satisfactory legal provisions on workers’ representation in enterprises. While noting the absence of a response from the Government, the Committee observes that the CSC repeats its comments in a communication dated 29 August 2013, referring to specific cases of anti-union discrimination against representatives in enterprises. The Committee requests the Government to provide its observations in this regard.

More generally, and in view of the numerous cases before the Committee on Freedom of Association mainly concerning acts of anti-union discrimination against union leaders and representatives, the Committee is bound to urge the Government to take all the necessary measures (for example, by giving specific instructions to the labour inspectorate) to guarantee in practice the full application of the provisions of the Convention, including those concerning the protection of workers’ representatives and the facilities to be afforded to them for the performance of their functions.

Finally, the Committee requests the Government to send copies of the following texts:

• -Ministerial Order No. 36/95 of 21 June 1995 concerning the procedures for the dismissal and transfer of trade union delegates.
• -Ministerial Order No. 12/CAB.MIN/ETPS/041/08 of 8 August 2008 respecting judicial remedies against decisions by the labour inspectorate in cases of the dismissal or transfer of a titular or a deputy trade union delegate.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee noted the comments on the application of the Convention submitted by the World Confederation of Labour (WCL) and the Congolese Trade Union Confederation (CSC) concerning the difficulties of applying, within certain enterprises such as OFIDA (the Customs and Excise Office), the provisions of Ministerial Order No. 12/CAB.MIN/TPS/ar/NK/054 of 12 October 2004 which envisage the means made available to the workers’ representatives to allow them to perform their functions and the types of workers’ representatives entitled to the protection and the facilities provided for in this Convention. The Committee requests the Government to respond to its comments.

Moreover, the Committee noted that, in their comments, the WCL and the CSC state that they are satisfied with the provisions of the Labour Code concerning the representation of the workers in enterprises but that, in practice, the workers’ representatives do not enjoy effective protection as provided for by Article 1 of the Convention, certain among them having been demoted or made redundant. The Committee again requests the Government to respond to the comments made by the WCL and the CSC.

The Committee requests the Government to provide it with practical information on the application of the provisions of the Labour Code concerning protection against acts of anti-union discrimination and, in particular, the number of cases involving acts of anti-union discrimination occurring during employment and at the time of redundancy which have been reported and in which penalties have been applied.

The Committee also requests the Government to send a copy of Ministerial Order No. 36/95 of 21 June 1965, concerning the modalities of dismissal and transfer of shop stewards.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee noted the comments on the application of the Convention submitted by the World Confederation of Labour (WCL) and the Congolese Trade Union Confederation (CSC) concerning the difficulties of applying, within certain enterprises such as OFIDA (the Customs and Excise Office), the provisions of Ministerial Order No. 12/CAB.MIN/TPS/ar/NK/054 of 12 October 2004 which envisage the means made available to the workers’ representatives to allow them to perform their functions and the types of workers’ representatives entitled to the protection and the facilities provided for in this Convention. The Committee requests the Government to respond to its comments.

Moreover, the Committee noted that, in their comments, the WCL and the CSC state that they are satisfied with the provisions of the Labour Code concerning the representation of the workers in enterprises but that, in practice, the workers’ representatives do not enjoy effective protection as provided for by Article 1 of the Convention, certain among them having been demoted or made redundant. The Committee again requests the Government to respond to the comments made by the WCL and the CSC.

The Committee requests the Government to provide it with practical information on the application of the provisions of the Labour Code concerning protection against acts of anti-union discrimination and, in particular, the number of cases involving acts of anti-union discrimination occurring during employment and at the time of redundancy which have been reported and in which penalties have been applied.

The Committee also requests the Government to send a copy of Ministerial Order No. 36/95 of 21 June 1965, concerning the modalities of dismissal and transfer of shop stewards.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted the comments on the application of the Convention submitted by the World Confederation of Labour (WCL) and the Congolese Trade Union Confederation (CSC) concerning the difficulties of applying, within certain enterprises such as OFIDA (the Customs and Excise Office), the provisions of Ministerial Order No. 12/CAB.MIN/TPS/ar/NK/054 of 12 October 2004 which envisage the means made available to the workers’ representatives to allow them to perform their functions and the types of workers’ representatives entitled to the protection and the facilities provided for in this Convention. The Committee requests the Government to respond to its comments.

Moreover, the Committee noted that, in their comments, the WCL and the CSC state that they are satisfied with the provisions of the Labour Code concerning the representation of the workers in enterprises but that, in practice, the workers’ representatives do not enjoy effective protection as provided for by Article 1 of the Convention, certain among them having been demoted or made redundant. The Committee again requests the Government to respond to the comments made by the WCL and the CSC.

The Committee requests the Government to provide it with practical information on the application of the provisions of the Labour Code concerning protection against acts of anti-union discrimination and, in particular, the number of cases involving acts of anti-union discrimination occurring during employment and at the time of redundancy which have been reported and in which penalties have been applied.

The Committee also requests the Government to send a copy of Ministerial Order No. 36/95 of 21 June 1965, concerning the modalities of dismissal and transfer of shop stewards.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted the comments on the application of the Convention submitted by the World Confederation of Labour (WCL) and the Congolese Trade Union Confederation (CSC) concerning the difficulties of applying, within certain enterprises such as OFIDA (the Customs and Excise Office), the provisions of Ministerial Order No. 12/CAB.MIN/TPS/ar/NK/054 of 12 October 2004 which envisage the means made available to the workers’ representatives to allow them to perform their functions and the types of workers’ representatives entitled to the protection and the facilities provided for in this Convention. The Committee requests the Government to respond to its comments.

Moreover, the Committee noted that, in their comments, the WCL and the CSC state that they are satisfied with the provisions of the Labour Code concerning the representation of the workers in enterprises but that, in practice, the workers’ representatives do not enjoy effective protection as provided for by Article 1 of the Convention, certain among them having been demoted or made redundant. The Committee again requests the Government to respond to the comments made by the WCL and the CSC.

The Committee requests the Government to provide it with practical information on the application of the provisions of the Labour Code concerning protection against acts of anti-union discrimination and, in particular, the number of cases involving acts of anti-union discrimination occurring during employment and at the time of redundancy which have been reported and in which penalties have been applied.

The Committee also requests the Government to send a copy of Ministerial Order No. 36/95 of 21 June 1965, concerning the modalities of dismissal and transfer of shop stewards.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the comments on the application of the Convention submitted by the World Confederation of Labour (WCL) and the Congolese Trade Union Confederation (CSC) concerning the difficulties of applying, within certain enterprises such as OFIDA (the Customs and Excise Office), the provisions of Ministerial Order No. 12/CAB.MIN/TPS/ar/NK/054 of 12 October 2004 which envisage the means made available to the workers’ representatives to allow them to perform their functions and the types of workers’ representatives entitled to the protection and the facilities provided for in this Convention. The Committee requests the Government to respond to its comments.

Moreover, the Committee notes that, in their comments, the WCL and the CSC state that they are satisfied with the provisions of the Labour Code concerning the representation of the workers in enterprises but that, in practice, the workers’ representatives do not enjoy effective protection as provided for by Article 1 of the Convention, certain among them having been demoted or made redundant. The Committee requests the Government to respond to the comments made by the WCL and the CSC.

The Committee requests the Government to provide it with practical information on the application of the provisions of the Labour Code concerning protection against acts of anti-union discrimination and, in particular, the number of cases involving acts of anti-union discrimination occurring during employment and at the time of redundancy which have been reported and in which penalties have been applied.

The Committee also requests the Government to respond to the other questions which were raised with regard to the application of the Convention (see direct request 2004, 75th Session).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report. It notes with interest the facilities that the new Labour Code affords to workers’ representatives, as well as the system which has been established for the representation of workers. The Committee further notes the comments made by the Confederation of Trade Unions of Congo (CSC), an affiliate of the World Confederation of Labour (WCL), dated 31 May 2004.

Article 1 of the Convention. 1. The Committee notes that section 258 of the Labour Code provides that any termination of a titular or substitute delegate by the employer or her or his representative, and any transfer which results in the loss of the function of a delegate, is subject to approval by the competent labour inspector before taking effect. The Committee also notes the Government’s indication that Ministerial Order No. 36/95, of 21 June 1995, establishing the procedures for the termination or transfer of a trade union delegate determines the procedure to be followed by the labour inspector in the event of the termination or transfer of a titular or substitute delegate. However, the Committee notes that the Government’s report does not contain any information on the provisions of this Order, nor a copy of the Order. The Committee therefore requests the Government to provide a copy of Ministerial Order No. 36/95 so that it can ascertain its conformity with the Convention.

2. Furthermore, the Committee notes that in its comments the CSC expresses satisfaction with the mechanisms established, including the provisions of the Labour Code in respect of the representation of workers in the enterprise. However, the Committee notes that these comments also indicate that, in several enterprises, workers’ representatives do not enjoy the effective protection envisaged by Article 1 of the Convention and that some of them have even been victims of termination or demotion. The Committee requests the Government to reply to the comments made by the CSC and to provide information on the effect given in practice to the relevant provisions of the Labour Code, including the number of cases in which acts of anti-union discrimination during the course of employment or in relation to dismissal have been reported.