Le travailleur domestique en République Démocratique du Congo : un des oubliés de la législation du travail?

• Published in: Recht in Afrika
• Main Author: Jules Masuku Ayikaba
• Format: Article in Journal/Newspaper
• Language: German; English; French
• Published: Nomos Verlagsgesellschaft mbH & Co. KG 2024
• Subjects: Asia and Eurasia; Africa; Pacific Area; and Antarctica; KL-KWX; Antarc*; Antarctica
• Online Access: https://doi.org/10.5771/2363-6270-2023-2-217; https://doaj.org/article/ba4a7634c57d4d6b998395ba96feec08

The glaring lack of employment opportunities in the Democratic Republic of Congo (DRC) has led to the conclusion of special employment contracts, including domestic work contracts. Today, there is a rapid development of labour contracts in Congolese society for domestic purposes. While it is true that the Congolese Constitution and various international legal instruments ratified by the DRC provide all workers, including domestic workers, with general protection, Congolese labour legislation hardly takes account of this development in the labour market. Many domestic workers in the DRC are still subject to countless abuses by their employers. As employment has become a very scarce commodity in the DRC, these workers sometimes have no alternative but to cope with all these abuses. In order to take special account of this rapid evolution of the Congolese employment market and to ensure that the workers concerned are specifically protected, this study recommends that the DRC ratify Convention No. 189 of the International Labour Organisation on domestic workers. However, such ratification would contribute effectively to the reduction of the countless abuses to which people working under a domestic labour contract continue. to fall victim, only if it is accompanied by appropriate implementation measures at the domestic level and if the competent labour administration effectively ensures their respect.