Congo – LRI

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Congo’s overall score is 65.5 out of 100. The overall score for Congo is equal to the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

Congo ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1999.

75/100

Freedom of Association Indicator

73.5/100

LRI 2024 Country Score

13.56 %

Trade union density rate (%)

. %

Collective bargaining coverage rate (%)

0.5

SDG indicator 8.8.2

ITUC Global Rights Index 2024 Ratings

Labour Rights Index 2024

73.5/100

75 13.56 %

Trade union density rate (%)

. %

Collective bargaining coverage rate (%)

0.5

SDG indicator 8.8.2

3

ITUC Global Rights Index 2024 Ratings

Question	Answer	Score	Legal Basis	More Info
Does the law allow workers to form and join unions of their own choice?	Yes	1	§32 of the Constitution 2015; §210(2), 184-186 & 189 of the Labour Code, 1975; USDOS CRHRP 2023 (Congo)	Information Source: §32 of the Constitution 2015; §210(2), 184-186 & 189 of the Labour Code, 1975; USDOS CRHRP 2023 (Congo) D : USDOS USDOS: US Department of States' Country Reports on Human Rights Practices The law allowed workers to form and join unions of their choice without previous authorization or excessive requirements, excepting members of the security forces and other services “essential for protecting the general interest.”
Does the law allow workers to bargain collectively with employers through their representative unions?	Yes	1	§197 of the Constitution 2015; §50-51, 63 & 169 of the Labour Code, 1975	—
Does the law provide for the right to strike?	Yes	1	§30 & 32 of the Constitution 2015; CEACR C87 Direct Request, 2023; USDOS CRHRP 2023 (Congo)	Information Source: §30 & 32 of the Constitution 2015; CEACR C87 Direct Request, 2023; USDOS CRHRP 2023 (Congo) D : USDOS USDOS: US Department of States' Country Reports on Human Rights Practices Workers had the right to strike, provided they had exhausted lengthy and complex conciliation and nonbinding arbitration procedures and given seven business days’ notice.
Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers?	No	0	§30 & 32 of the Constitution 2015; §248 (11 & 12) of the Labour Code, 1975; CEACR C87 Direct Request, 2023; USDOS CRHRP 2023 (Congo)	Information Source: §30 & 32 of the Constitution 2015; §248 (11 & 12) of the Labour Code, 1975; CEACR C87 Direct Request, 2023; USDOS CRHRP 2023 (Congo) B : CEACR CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report) The Committee also highlighted the need to amend sections 532 and 533 of the draft Bill (sections 535 and 536 of the 2023 version), so that: (i) the occupation of premises, in the event of a strike, should only be deemed as constituting serious misconduct in cases where the action loses its peaceful nature, or in the event of failure to respect the freedom to work of non-strikers, or the right of the enterprise management to enter the premises; and (ii) such penalties may only be considered if, at the time of the strike, violence against people or property or other serious offences under criminal law are committed, pursuant to the legislative provisions that punish such actions, particularly the Penal Code. Noting the Government’s indication that it will duly take into account these recommendations, the Committee trusts that the above-mentioned provisions will shortly be amended as indicated. C : ITUC ITUC: ITUC Global Rights Index Excessive civil or penal sanctions for workers and unions involved in non-authorised 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).

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score

The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/

Freedom of Association Indicator

The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100.

Trade union density rate (%)

The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT.

Collective bargaining coverage rate (%)

The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT.

SDG indicator 8.8.2

SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation. For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT.

ITUC Global Rights Index 2024 Ratings

The ITUC Global Rights Index depicts the world's worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers' rights. Violations are recorded each year from April to March. For a detailed description of ratings and methodology, please follow the link.