Congo, Republic of
The ITUC affiliates in the Republic of Congo are the Confédération des Syndicats Libres et Autonomes du Congo (COSYLAC), the Confédération Syndicale Congolaise (CSC) and the Confédération Syndicale des Travailleurs du Congo (CSTC).
Congo ratified Convention No. 87 on Freedom of Association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
(1949) in 1999.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is regulated by a Labour Code.
Anti-Union discrimination
The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law.
Restrictions on the principle of free and voluntary bargaining
- Exclusion of certain matters from the scope of bargaining (e.g. wages, hours)
- The deduction of trade union dues from employees’ pay is still excluded, in practice, from collective bargaining.
- Compulsory conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation and / or binding arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation procedure in the event of disputes during collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
, other than in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
- Section 245 of the Labour Code provides that, when a collective dispute is referred to it, the Recommendations Committee shall produce, within seven days, a report that includes recommendations to the labour inspector or the official responsible. Section 246 of the Labour Code provides that the parties concerned in the dispute have a period of four working days from the time of their notification of the report to challenge it, and that in the absence of a challenge the report becomes binding.
Right to strike
Right to strike
The right to strike is enshrined in the Constitution.
The right to strike is regulated by a Labour Code.
Ban or limitations on certain types of strike actions
- Restrictions with respect to the objective of a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons) - Political strikes are considered unlawful or excessive as are solidarity strikes when the workers showing their solidarity are not in any way affected by the cause of the strike (Art.248-4 of the Labour Code).
- Restrictions with respect to type of strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action (e.g. pickets, wild-cat, working to rule, sit-down, go-slow go-slow A form of industrial action whereby the workers deliberately reduce their pace of work in order to restrict output.
See work-to-rule ) - The following are considered gross misconduct during a strike, but the list is not exhaustive and is subject to the judgement of the competent court: occupation of premises (Art. 248-11).
Undermining of the recourse to strike actions or their effectiveness
- Excessive civil or penal sanctions for workers and unions involved in non-authorised strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike actions - The Labour Code stipulates that the occupation of premises is a matter of gross misconduct during a strike (article 248-11 of the Labour Code). Participation in an illegal strike is also gross misconduct and may give rise to criminal proceedings (Arts. 248-11 and 248-12 of the Labour Code).
- Other legal provisions undermining the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike - The employer has the right to deduct all bonuses and benefits, pro rata to the duration of the strike, directly linked to the work to be performed (Art.248-7 of the Labour Code).
Limitations or ban on strikes in certain sectors
- Unreasonable or discretionary (i.e. without negotiation with social partners
social partners
Unions and employers or their representative organisations.
or absence of an independent authority in the event of disagreement) determination of the extent of the “minimum service
minimum service
The operations needed in a public or private establishment during a strike, normally to avoid compromising the life or basic needs of the population or causing irreversible damages.
See Guide to the ITUC international trade union rights framework ” to be guaranteed during strikes in public services - The law requires the continuation of a minimum service in public services as “essential to protecting the general interest”. This minimum service is organised by the employer and refusal to take part is considered gross misconduct. (Art. 248-15 of the Labour Code).
In practice
Amour Anaclet SINGOU, a trade unionist and president of the law faculty students’ union, the ULEFD, was arrested on 15 February 2018, after the coalition of student unions at the Marien Ngouabi University published a note demanding respect for their rights and calling for strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action. Three other student union representatives, Bouet Beranger, Nelson Apanga and Yobi Pagel, were also arrested between 9 and 15 February and held at the General Directorate of National Surveillance (DGST). After being transferred, on 2 March, to the Brazzaville remand centre, they were finally released on 16 March 2018 thanks to a strong campaign led by civil society organisations.
Dominique Ntsienkoulou, a member of the CRPE (trade union coalition for the improvement of the teaching profession), who took part in the teachers’ strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, was the target of an attempted abduction by the police on 9 April 2013. Having failed to find him at home, the police officers went to his sister’s house, which they searched, taking all the jewellery and money they found. Mr. Ntsienkoulou was not able to recover the belongings.
During the night of 4 to 5 June, the trade unionist was awoken from his sleep by agents of the Departmental Territorial Surveillance Directorate (DDST). He was driven to the DDST headquarters without being informed of the grounds for his arrest. His family have, since then, been refused any information regarding his whereabouts.
The teachers’ strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
begun on 25 February, after negotiations stalled between the Congolese authorities and trade unions over teacher’s status in the public sector.
Hilaire Eyima, head of the French department at the school Lycée de la Révolution, was arrested by plainclothes police officers at his home on April 18th because of this use of SMS to spread information about the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. He was held at the headquarters of the General Directorate for the Surveillance of the Territory (DGST).
Claude Nzingoula, a teacher at the medical school in the capital Brazzaville was arrested on April 19th at his school and was also taken to the GDST headquarters.
They have reportedly been denied access to a lawyer of their choice and have been held for a week without any charge.
Daniel Ngami, co-chairman of the coalition called CPRE (Concertation pour la Revalorisation de la Profession d’Enseignant / Coalition for improving the teaching profession), was arrested by National Security office agents on 1st of April and Luc Mba Monga, also a CPRE member, was arrested the following day. They were both held without charge and released five days later.
Before being released, Ngami was forced to read a statement on national media calling on teachers to return work.
Other CPRE members have been harassed and intimated and some have gone into hiding after their houses were searched without a warrant.
Since the beginning of the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 25 February 2013, the trade unionists and teachers have been victims of threats and intimidation by telephone from the political and military authorities and in particular from the Direction générale de la surveillance du territoire (DGST), the la Direction départementale de la surveillance du territoire (DDST) and the Presidency of the Republic.
On the 5 March 2013, when the leaders of the CPRE were holding a meeting in one of the rooms in the INRAP (Institut national de recherche à l’appui pédagogique), Colonel Jean Aive Alakoua, the police spokesperson burst into the meeting. He threatened the trade unionists and promised to hunt down every one of them if the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action was not suspended.
According to a report by the Congolese Human Rights Observatory (OCDH), the plight of Congolese pygmies is extremely worrying. These indigenous people, who only form two percent of the population, are exploited and discriminated against by the Bantu majority. The report reveals that forced and bonded labour still exist. A law taking nearly eight years to draw up was passed in 2011 but has not yet come into effect.
A national social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. committee was set up in 2011. The heads of the main trade union organisations are associated with it. Sector-level trade unions have, however, often denounced the poor level of consultation with ministers in charge of their sectors as well as the intimidation they suffer. Most workers, moreover, are not represented.
Social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
has made very little progress. These last years, there have been a series of social truces, broken promises, warnings to overly anti-authoritarian trade unions. At the beginning of May, the government called the unions to task about the need not to endanger the State’s solvency. The Minister of State, Florent Tsiba, said he was “outraged” by the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in April by the Fédération des travailleurs de la science, des sports, de l’enseignement, de l’information et de la culture (FETRASSEIC) which could in his opinion, have led to “dangerous tensions and chaos”.
Employers’ reluctance to negotiate has led to strikes, some of which have been very long such as at the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
at the Société nouvelle des ciments du Congo (SONOCC). A national committee for social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
is due to be set up in 2011 to replace the social truce commission.
The government’s announcement of new austerity measures when it presented its 2010 budget in November roused the anger of the trade unions. All year long the government had been promising that it would pay more attention to their salary demands. On 9 December, the Congo Workers’ Trade Union Confederation (CSTC), the Congolese Trade Union Confederation (CSC) and the Teachers’ Unions’ College called a general strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
for the end of the year. That evening, negotiations resumed between the unions and the government. A few days later, a new social truce was announced, with a promise from the authorities to accelerate reforms. For years the trade unions have denounced the social inequality perpetuated by the State, particularly in the civil service, where decrees dating back to 1994 suspend bonuses and other workers’ advantages, seriously reducing their purchasing power.