DRC labour code 2026: a guide to Law 015/2002

The DRC labour code is Law no. 015/2002 of 16 October 2002, amended by Law no. 16/010 of 15 July 2016: its 334 articles set, among other things, a legal working time of 45 hours a week and 8 hours a day (article 119), annual leave of at least one working day per month of service (article 141), fourteen weeks of maternity leave paid at two thirds (article 130) and dismissal notice of at least 14 working days plus 7 days per year of service (article 64). It applies to all workers and employers, public enterprises included, whenever the contract is performed in the DRC (article 1). The 2016 reform amended 15 articles and added articles 61 bis and 61 ter. The 2002 text is available on the International Labour Organization website and the 2016 law on the African Mining Legislation Atlas. Up to date as of 5 November 2026.

At a glance

• Texts: Law no. 015/2002 of 16 October 2002; Law no. 16/010 of 15 July 2016, in force thirty days after publication in the Official Journal (article 3).
• Articles amended in 2016: 1, 6, 7, 62, 119, 121, 125, 129, 190, 216, 217, 218, 219, 241 and 321.
• Age: capacity to contract set at 18, with supervised exemptions from 15 (article 6).
• Working time: 45 hours a week, 8 hours a day, weekly rest of 24 hours, in principle on Sunday.
• Termination: valid reason, written notice stating the reason, notice period, damages capped at 36 months’ pay.
• Limitation: three years for claims arising from the contract, one year for wages (article 317).

DRC labour code: main topics and their articles

Chapter ranges are given as a guide; always check the exact article in the text.

The employment contract under the DRC labour code

A contract is either fixed-term or open-ended (article 39). A fixed-term contract may not exceed two years, or one year for a worker separated from their family; no worker may sign more than two fixed-term contracts with the same employer or renew one more than once, except for seasonal work and cases set by order (article 41). A permanent job calls for an open-ended contract (article 42). Probation must be in writing and may not exceed one month for an unskilled labourer and six months for other workers (article 43).

The contract is written and contains the particulars listed in article 212: employer and worker CNSS numbers, family situation, pay, notice period, medical fitness (articles 44 and 212). The draft is given to the worker two working days before signature (article 46), then the contract is submitted for a visa to the Office national de l’emploi (article 47), as explained in our page on ONEM DRC. Performance requires a medical fitness certificate (article 38).

DRC labour code: working time, rest and leave

45 hours a week and 8 hours a day

Since the 2016 law, legal working time may not exceed 45 hours a week and 8 hours a day; hours beyond that are overtime paid at a premium (article 119), with arrangements set by order (article 120). Weekly rest is at least 24 hours, in principle on Sunday (article 121). Night work, between 7 pm and 5 am, is paid at a premium (article 124), and is prohibited for children and people with disabilities in industrial establishments between 6 pm and 6 am (article 125, 2016 version). Public holidays are set by decree (article 123).

Annual leave and maternity

Entitlement to leave arises after one year of service (article 140). It is at least one working day per full month of service for workers over 18, one and a half days for those under 18, plus one day per five years of service (article 141). Leave pay equals current pay, with bonuses and commissions averaged over twelve months (article 142). Details are in our page on leave management in the DRC.

Employees are entitled to fourteen weeks of maternity leave, no more than eight after the birth, paid at two thirds of pay, with no termination allowed during that period (article 130). They have two half-hour nursing breaks a day (article 132). Since 2016, a pregnant woman whose condition carries a medically certified risk may suspend her contract (article 129).

Pay under the DRC labour code

• Equality: equal pay for equal work, whatever the origin, sex or age (article 86).
• Minimum: the SMIG is set by decree (article 87) and any lower clause is void (article 88); the 2026 amount is on our DRC minimum wage page.
• Currency: pay is stipulated in the DRC’s legal tender (article 89).
• Payment: at least monthly, no later than six days after the period (article 99); final settlement within two working days of the end of service (article 100).
• Payslip: a written pay statement with each payment (article 103) and a payroll register at each operating site (article 213).
• Sickness: two thirds of pay during suspension, plus full family allowances (article 105).

Mandatory deductions (CNSS, IPR) come from other texts: see CNSS contributions in the DRC and IPR tax rates in the DRC. The employer training levy is covered in our page on INPP DRC.

Termination under the DRC labour code

Either party may end the contract (article 61), or both may agree to end it (article 61 bis). Termination is notified in writing and, when the employer acts, the letter states the reason (article 61 ter). The employer may end an open-ended contract only for a valid reason linked to the worker’s capability or conduct, or to the operating needs of the business; union membership, pregnancy or HIV status are never valid reasons (article 62). An unfair dismissal gives a right to reinstatement or to damages capped at 36 months’ pay (article 63).

Employer notice is at least 14 working days, plus 7 working days per full year of service (article 64). Gross misconduct allows termination without notice, notified within a set time limit (article 72), and economic dismissal follows its own procedure (article 78). The end-of-service certificate is issued within two working days (article 79). Calculations are set out in our page on severance pay in the DRC.

Declarations and inspections

• Establishment declaration to the ministry and ONEM in the fortnight before opening (article 216).
• Declaration of each hire and departure within fifteen days (article 217, 2016 version).
• Annual return on the national and foreign workforce, plus a social report (article 218).
• Company rules mandatory in every establishment: work organisation, discipline, hygiene, payment of wages (article 157).
• Safety, hygiene and workplace committee in every business employing workers (article 167).
• Foreign workers: work card issued after a decision of the Commission nationale de l’emploi des étrangers (national commission on the employment of foreigners) (articles 208 and 209).
• Representation: an elected union delegation (article 255).

The labour inspectorate enforces these rules (article 187). Offences listed in article 321 are punished by a fine expressed in constant Congolese francs, and article 318 allows the minister, on the inspector’s proposal, to sanction an employer who persists after formal notice.

Applying the DRC labour code in payroll

Probation, notice, service for leave, maternity at two thirds, payment within six days: most rules in the Code end up in the employee file and the payslip. Payroll software in the DRC applies them automatically. Discover Socium’s HR and payroll software compliant with the DRC labour code, or book a demo.

See also: employment contract in the DRC and resignation letter.

Frequently asked questions

Which DRC labour code applies in 2026?

Law no. 015/2002 of 16 October 2002, amended by Law no. 16/010 of 15 July 2016. A revision has been discussed for several years, but we found no new law enacted as of 5 November 2026.

Where can I find the official DRC labour code text?

In the DRC Official Journal. The 2002 text is also online on the ILO website, and the 2016 law on the African Mining Legislation Atlas.

What is the legal working time in the DRC?

45 hours a week and 8 hours a day (article 119, 2016 version).

How many days of leave does the DRC labour code provide?

At least one working day per month of service for workers over 18, i.e. twelve days a year, plus one day per five years of service (article 141).

What is the maximum probation period?

One month for an unskilled labourer, six months for other workers (article 43).

How long can a fixed-term contract last in the DRC?

Two years at most, with no more than two fixed-term contracts or a single renewal with the same employer, subject to exceptions (article 41).

What notice applies on dismissal?

At least 14 working days, plus 7 working days per full year of service (article 64).

What is the limitation period under the DRC labour code?

Three years for claims arising from the contract, one year for wage claims, two years for travel costs (article 317).

Key takeaways

• DRC labour code: Law 015/2002, amended in 2016 (15 articles amended, 2 added), 334 articles.
• 45 h a week, 8 h a day, 24 h rest, one working day of leave per month.
• Fixed-term contracts of two years at most, probation of one to six months, ONEM visa for contracts.
• Termination with a written reason, notice of 14 days plus 7 days per year, damages capped at 36 months.