Friday, 18 August 2017
HOT NEWS
Official launch of the activities of the 2th edition of the fair International Agricultural of Kinshasa: Under the initiative of the Provincial Ministry of Agriculture of Kinshasa, the official launch for the 2nd International Agricultural Fair of Kinshasa took place on Wednesday June 14, 2017 at the KEMPISKI FLEUVE CONGO HOTEL. During the ceremony, several speeches were                                                    The Democratic Republic of Congo presents the Doing Business 2018 reforms: Under the patronage of His Excellency BAHATI LUKUEBO, Minister of State, Minister of Planning, the National Agency for the Promotion of Investment organized on Tuesday, May 30, 2017, at  Pullman Hotel, a workshop presenting the 2018 Doing Business reforms. Six indicators                                                    “The time for Africa is now – we can’t slow down, we must quicken the pace”: Adesina: India is the perfect place for the African Development Bank to focus on the transformative power of agriculture, Bank President Akinwumi Adesina has told the African, Indian and international press. “India is an inspiration to Africa, in that its Green                                                    ANAPI will take part at the DRC Mining Week which will be taking place in Lubumbashi on 23-24 June: DRC Mining Week is a well-established annual mining investment event aimed at creating an enabling environment to boost the industrialisation of the mining sector. The three-day programme will feature: a two-day conference for international and national stakeholders to gain knowledge and                                                    Burey Gold expands in Kilo-Moto greenstone belt: Mining company Burey Gold inked an agreement with Emirati firm Medidoc FZE to buy a 60% onterest in Tendao project which comprises five exploration licences covering a total of 1,456 km², in North-Western part of DR Congo. The deal will                                                    AfDB and Japan to spend $3bn to boost growth in Africa: During the sixth edition of the Tokyo International Conference for Africa’s Development (TICAD VI) recently held in Nairobi, Kenya, the African Development Bank (AfDB) and the government of Japan signed a $3 billion agreement to boost growth in private sector                                                    DRC will take part at The Sixth Tokyo International Conference on African Development (TICAD VI) Summit in Nairobi: The Democratic Republic of Congo will take part at The Sixth Tokyo International Conference on African Development (TICAD VI) Summit in Nairobi, Kenya's capital. The delegation led by the Managing Director of the National Vocational Training Institute (INPP), Maurice Tshikuya                                                    kwilu: sensitization of executives of the public administration on the improvement of the business climate: Executives of the public administration and the private sector in the province of Kwilu and particularly those from Bandundu city, the capital of the province have been sensitized for two days on the reforms implemented to improve the business and                                                    Need to adapt the geological map of the DRC to the understanding of new minerals: Mr. Ikoli, Deputy Chief of Staff of the Minister of Mines, noted the need to adapt the old geological map of 1972 to the understanding of new minerals at the opening of the validation workshop of the new geological map                                                    FIKIN opens its doors this Saturday 16th of July 2016: The fair activities of Kinshasa for the year 2016 will start on Saturday, July 16 and close on 15th August, announced the Director General of the International Fair of Kinshasa (FIKIN), Eugene Bokopolo. The N ° 1 of FIKIN engaged with the                                                   

Employees and Social Security

Hiring procedure for the national

Legal frameworks

  • Law No. 015/2002 of 16 October, 2002 on Labour Code (Articles 203-207) ;
  • Ordinance-Law No. 74/098 of 6 June 1975 on the protection of the domestic workforce.

Procedure

  • Reporting vacancies to the National Employment Office (ONEM); Dismissal procedure of the national
  • Legal frameworks :
    • Law No. 015/2002 of 16 October, 2002 regarding the Labour Code (Articles 61-78) ;
    • Departmental Decree No. 11/74 of September 19, 1974 reviewed by Ministerial Decree No. 025/95 of 31 March, 1995 concerning the dismissal of workers.
  • The hiring of a worker must be subject of an employment contract in writing and signed for a definite or indefinite period. The contract explicitly states the nature and class of employment, rates of pay, benefits to which workers are entitled as well as other mandatory clauses imposed by the Labour Code ;
  • Presentation by the applicant prior to the employment, of all documents that will be requested by the Company for establishing his track record.

Dismissal procedure of the national

Legal frameworks

  • Law No. 015/2002 of 16 October, 2002 regarding the Labour Code (Articles 61-78) ;
  • Departmental Decree No. 11/74 of September 19, 1974 reviewed by Ministerial Decree No. 025/95 of 31 March, 1995 concerning the dismissal of workers.

Procedure

  • In case of breach of duty imposed on them by the contract of employment, the legal provisions and regulations, the worker is subject to disciplinary rules dictated by the company ;
  • Before the decision of any sanction, the opportunity should be given to the worker in fault to provide an explanation. The penalty shall be made only when evidence of guilt is established ;
  • Any dismissal must be justified by good cause connected with the capacity or conduct of the worker or based on the operational requirements of the company.

Individual dismissal

Where the dismissal is motivated and based on the operational requirements of the company, it can be pronounced only after notice of the trade union delegation followed by the express and written permission of the responsible Labour Inspector.

In the case of termination of a contract for cause related to the aptitude or discipline, the dismissed employee should be replaced immediately so that the total number of employees does not suffer any modification. The penalty will be then notified to the worker in writing.

Mass dismissal

If the requested authorization is obtained, the designation of workers to be made redundant takes place according to the criteria established by the Ministerial Decree of 26 October 12/CAB.MIN/TPS/116/2005 which lays down the procedures for dismissing workers.

In all cases, the final financial statement and the certificate of end of service will be provided to the worker within the time limit.

Procedure for hiring and dismissing expatriates

  • Any employer who intends to employ an expatriate worker must first submit the job offer to the National Office of Employment "ONEM" ;
  • The employer must also file the records of the expatriate candidate to the National Commission for Employment of Foreigners in order to allow this Commission to rule on the request for employment and renewal of work permit for foreigners ;
  • The rejection by the Commission of the request for work permit for foreigner implies the dismissal of this expatriate.

Operational costs related to the employment of foreigners

There is a tax to be levied on operations relating to the granting of work permit for foreigners.

The rate and the basis for the collection of this tax are set by inter-ministerial decree No. 013/95 of 01.31.1995.

  • Equivalent of USD 500 at the rate of the day (agro-industrial companies, Cattle breeding or plantations, mining, energy) ;
  • Equivalent of USD 700 at day

ANAPI

33C, Boulevard du 30 Juin,
Kinshasa, Democratic Republic Of Congo
anapi@investindrc.com/ anapi@investindrc.cd
Tel.: 00243 999 925 026
  or  

P.o. Box
1797 Kinshasa 1

Bank data
Cpt. RAW BANK 0100046502-09USD
Cpt. RAW BANK 0100046501-12 CDF