One of the major steps that foreign companies have to deal with when investing in Congo is the staff recruitment process for the implementation of projects. LEXA International stands out in the assistance to investors and intends to give the possible employment options. It is necessary to specify whether the company wishes to recruit directly in Congo or the country where it has its statutory seat.
I. LOCAL STAFF RECRUITMENT (REPUBLIC OF CONGO)
There are many employment options for foreign companies in Congo.
1. Traditional Employment Contract
Employment Contract is an agreement of will by which a person undertakes to carry out material acts of a professional nature under the direction and authority of another person who undertakes to pay him, in return, remuneration, usually in money, called salary.[1] It can be a trial engagement, a fixed-term contract or even a permanent contract.
2. Availability
Availability is understood as a legal operation consisting, for a company, of lending an employee or a service provider for a fixed period to another company, called a “user”, for the implementation of a skill or a particular technique. It is characterized by several elements:
The user company benefits from the skills and expertise of the worker without having to employ him directly;
Missions assigned to the concerned employee require his explicit approval by means of an amendment to the Employment Contract, which in the event of refusal cannot be dismissed or sanctioned;
The availability does not suspend or terminate the employment contract existing between the employee to the lending company;
The employee is always paid by the lending company [2].
3. Service Contract
Service Contract is a commercial contract establishing a relationship between the client-service provider. The provision of services to third parties means all activities that fall under a lease of industry or contract of enterprise by which a person undertakes to carry out any work in return for remuneration.
In the provision of services, the temporary work contractor is the client who uses a service provider in the interest of a third-party user. The present service provision is characterized by the autonomy of the service provider.
II. STAFF RECRUITMENT IN THE COUNTRY WHERE THE COMPANY HAS ITS STATUTORY SEAT
1. Expatriation
Expatriation refers to the situation of the employee sent abroad for a longer period than the secondment. It is characterized by:
The suspension of the original Employment Contract;
The conclusion of a local contract in the country of assignment.
2. Secondment
Secondment is an operation by which an employee is temporarily sent by his employer to the territory of a State other than that in which he usually works in order to ensure a provision of services.[3]
It has the following characteristics:
The original employer makes one of his employees available to carry out a mission abroad;
Employment Contracts of workers in Secondment are maintained in their country of origin;
Employees in Secondment are covered by Social Security and Social Law in their country of origin, where they pay their social contributions.
It should be noted that the choice between these different options is made considering the needs and possibilities of the company seeking to employ. LEXA International is able to support and assist companies in choosing the most appropriate form of employment and complying with the rules referred to.
For more information, please contact us at the following address: www.lexa-inter.com
[1] Art 26 Congolese Labour Code.
[2] Art 73 du code du travail
[3] https://www-dalloz-fr.docelec.u bordeaux.fr/documentation/Document?ctxt=0_YSR0MD1ERVRBQ0hFTUVOVCDCp3gkc2Y9c2ltcGxlLXNlYXJjaA%3D%3D&ctxtl=0_cyRwYWdlTnVtPTHCp3MkdHJpZGF0ZT1GYWxzZcKncyRzb3J0PSNkZWZhdWx0X0Rlc2PCp3Mkc2xOYlBhZz0yMMKncyRpc2Fibz1UcnVlwqdzJHBhZ2luZz1UcnVlwqdzJG9uZ2xldD3Cp3MkZnJlZXNjb3BlPUZhbHNlwqdzJHdvSVM9RmFsc2XCp3Mkd29TUENIPUZhbHNlwqdzJGZsb3dNb2RlPUZhbHNlwqdzJGJxPcKncyRzZWFyY2hMYWJlbD3Cp3Mkc2VhcmNoQ2xhc3M9&id=DZ%2FOASIS%2F001674, consulté le 19 avril 2024.
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