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Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Democratic Republic of the Congo (RATIFICATION: 1967)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

Remuneration of workers

Article 12 of the Convention.  The Committee notes that the Government refers to sections 41 and 93 of the Labour Code of 1967. It notes that these provisions cover respectively the obligations of workers, particularly to return in good condition to the employer anything that has been entrusted to them, reductions in remuneration as compensation and deductions to constitute a guarantee in this respect. With regard to the reference made by the Government to its reply under Convention No. 95, the Committee recalls that Convention No. 95 provides for the regulation of deductions from wages, which is of relevance to the reimbursement of advances on wages, but that it does not contain provisions respecting the amount of advances on wages. However, under Article 12 of Convention No. 117, not only does the manner of repayment of advances on wages have to be regulated, but the maximum amounts of advances have to be determined and any advance in excess of the amount laid down has to be made legally irrecoverable. The Committee once again requests the Government to take measures to bring the national legislation into conformity with this provision of the Convention.

Education and training

Article 15.  The Committee notes that section 9 of Decree No. 28/75 of 30 October 1975 enumerates the light and healthy work authorized for persons aged between 14 and 16 years. It also notes the Government's statement in its report that the minimum age for apprenticeship, which is 21 years in accordance with section 6 of the Labour Code, is considered to be the school-leaving age.

The Committee notes that section 6 of the Labour Code of 1967 provides that "no person shall take in an apprentice unless he is 21 years of age or over". This provision, which imposes the requirement on masters of apprentices, does not make any reference to school-leaving age.

Therefore, the Committee recalls the obligation set out in Article 15, paragraph 2, of the Convention under which national laws or regulations should prescribe the school-leaving age and the minimum age for and conditions of employment. It also recalls that the Government had stated in previous reports that the draft revised Labour Code set the age of admission to employment at 16 years and it requests the Government to provide information an any developments in this respect and on the compulsory school-leaving age.