Employment contract DRC: ONEM visa, clauses, template

An employment contract DRC employers sign must be in writing and contain at least the fifteen items listed in Article 212 of the Labour Code (Law No. 015/2002 of 16 October 2002, amended in 2016); without a written contract, it is presumed open-ended (Article 44). The employer gives the draft to the employee two working days before signature (Article 46), then submits the signed contract for approval (visa) to the National Employment Office, ONEM (Office national de l’emploi) (Article 47), within fifteen days according to ONEM. A fixed-term contract (CDD) cannot exceed two years and can be renewed only once (Article 41). Up to date as of 5 November 2026: no new Labour Code had been enacted by that date.

In brief

• Form: written, except day-to-day hiring (Article 44).
• Clauses: 15 minimum items (Article 212), including a medical fitness certificate.
• Draft: given 2 working days before signature (Article 46).
• Visa: ONEM, for every written contract (Article 47); 4 copies, within 15 days of signature.
• CDD: 2 years at most, no more than 2 contracts and 1 renewal with the same employer (Article 41).
• Probation: in writing, 1 month for an unskilled labourer, 6 months for others (Article 43).

Employment contract DRC: the rules at a glance

Types of employment contract in the DRC

The CDI, required for a permanent job

Every contract is either fixed-term or open-ended (Article 39). When the employee is hired for a permanent job in the company, the contract must be a CDI; a CDD signed in that case is deemed open-ended (Article 42). Dismissal under a CDI requires a valid reason and written notification (Articles 62 and 61 ter, 2016 wording) and notice of at least 14 working days plus 7 working days per full year of service (Article 64). See our guide to severance pay in the DRC.

The CDD

It covers a set period, a specific piece of work or the replacement of a temporarily unavailable employee (Article 40). It cannot exceed two years, or one year if the employee is married and living apart from their family, or widowed, separated or divorced and living apart from children in their custody. An employee cannot sign more than two CDDs with the same employer, nor renew a CDD more than once, except for seasonal work, well-defined works and work listed by ministerial order; otherwise the contract automatically becomes a CDI (Article 41). The written contract must state expressly that it is fixed-term, for a specific piece of work or a replacement, with the reason in the latter case; otherwise it is a CDI (Article 45).

Day-to-day hiring

It does not need to be written (Article 44). But a day worker who has already worked 22 days over two months and is rehired before those two months end is deemed to hold a CDI (Article 40).

The probation clause

It is set out in writing and cannot exceed one month for an unskilled labourer or six months for other employees; a longer period is cut back by law, and continued work beyond it confirms the contract (Article 43).

The 15 required items of an employment contract DRC employers must include (Article 212)

1. the employer’s name or company name;
2. the employer’s social security registration number;
3. the worker’s surname, first names, post-names and sex;
4. the worker’s social security number and, where relevant, internal staff number;
5. date of birth, or the presumed year;
6. place of birth and nationality;
7. family situation: spouse’s identity, identity and date of birth of each dependent child;
8. the nature and terms of the work;
9. pay and other benefits;
10. the place or places of work;
11. the length of the engagement;
12. the dismissal notice period;
13. the start date;
14. the place and date the contract was signed;
15. fitness for work certified by a doctor.

The 2002 text refers to the INSS (Institut national de sécurité sociale), replaced in 2018 by the CNSS (Caisse nationale de sécurité sociale): use the CNSS numbers. Article 36 adds that the contract also sets reimbursable expenses and other terms, in line with the collective agreement and local practice. Pay must respect the minimum wage: see our page on the SMIG in the DRC.

The ONEM visa

The employer submits every written contract to ONEM for a visa (Article 47). According to the office’s official page, the process is:

1. Deadline: no more than 15 days after signature (Ministerial Order No. 15/67 of 3 October 1967, Article 3); the employee may also file the contract.
2. Copies: four.
3. Checks: compliance with the Article 212 items and the minimum wage.
4. Documents: medical fitness certificate, jobseeker card, worker movement declaration (Article 217).

Without a visa, the employee may end the employment contract DRC at any time without notice and claim damages; a contract refused a visa ends automatically (Article 47). Courts may request the copy kept by ONEM (Article 48). Check ONEM’s employment contracts page before filing. A foreign employee also needs a work card for foreigners, granted after review by the National Commission for the Employment of Foreigners (Articles 208 to 211).

Employment contract DRC template (CDI) ready to copy

This employment contract DRC template covers the fifteen items of Article 212. Replace the bracketed fields, give the draft to the employee two working days before signature, then file it with ONEM. The contract is written in French.

OPEN-ENDED EMPLOYMENT CONTRACT

Between [company name], with registered office at [address], registered with the CNSS under No. [number], represented by [name, position], hereinafter “the Employer”,

and [Mr/Ms] [surname, post-name, first name], [M/F], born on [date] in [place], [nationality], CNSS No. [number], staff No. [ ], married to [spouse’s name] / single, dependent children: [names and dates of birth], hereinafter “the Worker”.

Article 1 – Hiring. The Worker is hired for an indefinite period from [start date], under Law No. 015/2002 of 16 October 2002 on the Labour Code and the collective agreement [name].

Article 2 – Position. The Worker holds the position of [title], category [ ], with the following duties: [description and terms].

Article 3 – Place of work. [City, site; any mobility].

Article 4 – Fitness. Fitness for work was certified on [date] by Dr [name]; the certificate is attached.

Article 5 – Probation. The contract includes a probation period of [length], within one month for an unskilled labourer and six months for other workers.

Article 6 – Pay. Gross monthly salary: [amount] CDF; benefits: [housing, transport, family allowances, bonuses]; reimbursable expenses: [list]. Paid by [bank transfer, mobile money].

Article 7 – Notice. In case of dismissal, notice is [14 working days + 7 working days per full year of service, or the period set by order for supervisors and managers]; in case of resignation, half of that.

Article 8 – Visa. The Employer submits this contract to ONEM for a visa within fifteen days of signature.

Signed in [place] on [date], in four originals.

The Employer [signature] — The Worker [signature, preceded by “read and approved”]

When the contract ends, the employer issues a certificate of employment within two working days (Article 79): see our page on the employment certificate. An employee who leaves gives written notice: see our resignation letter template.

Common mistakes with an employment contract in the DRC

• No ONEM visa: the employee may leave without notice and claim damages (Article 47).
• Signing without handing over the draft two working days before: termination possible within 30 days (Article 46).
• Chaining CDDs: beyond two contracts or one renewal, it is a CDI (Article 41).
• A CDD for a permanent job: deemed a CDI (Article 42).
• Leaving out the family situation: it drives statutory family allowances.
• An overly broad non-compete clause: void, save exceptions, and limited to one year (Article 53).

HR and payroll software for the DRC generates each employment contract DRC teams need with the Article 212 items, tracks ONEM filings and flags the end of probation or of a CDD. Plan for CNSS contributions in the DRC from the first payroll.

See also: ONEM and DRC labour code.

Frequently asked questions

Must an employment contract DRC employers use be in writing?

Yes, with the Article 212 items, except for day-to-day hiring. Without writing, it is presumed open-ended and the employee may prove its terms by any legal means (Articles 44 and 49).

How do I get an employment contract approved by ONEM?

File four copies with ONEM within fifteen days of signature, with the fitness certificate, jobseeker card and movement declaration.

What is the maximum length of a CDD in the DRC?

Two years, or one year for some employees living apart from their family; at most two CDDs and one renewal with the same employer (Article 41).

How long can probation last?

One month at most for an unskilled labourer, six months for others, always in writing (Article 43).

What if ONEM refuses the visa?

The contract ends automatically (Article 47).

Is a medical certificate needed to hire?

Yes: performance of the contract depends on fitness certified by a doctor; where there is none, a nurse issues a provisional certificate and the examination takes place within three months (Article 38).

Can a foreigner sign an employment contract in the DRC?

Yes, with a work card for foreigners granted after review by the National Commission for the Employment of Foreigners (Articles 208 to 211).

Where can I read the DRC Labour Code?

The 2002 text is published by the International Labour Organization; Law No. 16/010 of 15 July 2016 amended fifteen articles, not those on the contract.

Key takeaways

• An employment contract DRC employers sign is written and includes the fifteen items of Article 212.
• The draft is handed over two working days before signature, and the contract is then approved by ONEM.
• A CDD cannot cover a permanent job and is renewable only once.

To generate each employment contract DRC and track visas alongside payroll, book a Socium demo.