Employer of Record in Congo
Skuad's Congo Employer of record (EOR) solution helps your business to expand into Congo without requiring you to set up an entity. Skuad’s automated platform enables you to expedite the onboarding of your remote team, handle their payrolls and compensation without worrying about legal compliances, taxation, etc. Talk to Skaud experts to learn more on how we can help streamline your expansion project in Congo.
Congo at a Glance
Population: 8.68 Crores (2019)
Currency: Central African CFA Franc (XAF)
Capital city: Brazzaville
Languages: English, French, Kituba, Lingala
GDP: USD 12.267 Billion (2019)
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Talk to an ExpertEmployment in Congo
A company trying to expand operations in the Republic of Congo should be aware of the local labor laws and employment contracts. Companies must follow employment compliance laws throughout the recruitment process. The hiring company should provide a written contract in the local language that defines all the benefits and compensation. An entity can choose to create separate staff for recruitment or outsource through a local entity. The following table enlists Congo employment laws related to working hours, paid time-offs, national holidays, etc. Connect with Skuad experts to know more about Congo’s employment laws.
| Entitlements |
Explanations |
| Statutory Working hours |
40 hrs per week |
| Overtime Eligibility |
Overtime for the employees in the Republic of Congo is allowed only outside of normal working hours.
The following are the limits for working overtime.
| Reason |
Limit |
| Outside normal working hours |
1 hr per day |
| Urgent work to prevent accidents |
2 hrs subsequent day |
| Extraordinary workloads |
12 hrs per week, 144 hrs per year. |
Following is the compensation based on the overtime
- After the legal working time limit, a 30% increase for the first six hours.
- For the subsequent hours, a 60% increase.
- If overtime falls on a weekly rest day, a 100% increase.
|
| Paid public holidays |
Congo Employees are eligible for the following public holidays.
- January 1: New Year’s Day
- January 4: Day of the Martyrs
- January 16 and 17: National Heroes’ Days
- May 1: Labor Day
- May 13:Ascension Day
- May 17: Liberation Day
- May 21: hit Monday
- June 30: Independence Day
- August 1: Parents’ Day
- November 1: ll Saints’ Day
- December 25: Christmas Day
|
| Holiday Pay |
- The Republic of Congo holiday pay includes sick leave, annual leave, maternity leave, Etc.
- An employee in the Republic of Congo gets paid leave on every public holiday.
|
| Medical Leave |
The employees in the Republic of Congo are entitled to paid sick leaves by their employers. |
| Maternity leave |
- A female employee in the Republic of Congo is eligible for paid maternity leave of 14 weeks. Six weeks out of fourteen can be taken before the birth of the child and 8 weeks post-pregnancy.
- Two days of mandatory paid paternity leave must be granted.
|
| Annual Leave Accrual Entitlement |
- After an employee provides one year of service to the company, the Labor law in the republic of Congo allows an employee to avail of annual leaves.
- An employee under the age of 18 is entitled to 1 day's leave per full month of services.
- An employee above the age of 18 is entitled to 1-5 day's leave per full month of service.
|
Contractors Vs. Full-Time Employees
Full-time employees in the Republic of Congo have dedicated work hours and are entitled to various benefits like compensation, fixed income, additional benefits, etc. Contractors are hired temporarily to replace skilled employees or professionals. Contractors have flexibility in the schedule and work hours. They get wages based on the mutual agreement between them and the employers.
They are not entitled to any benefits from the company and pay their taxes. Contractors keep low expenses on their clients and many times use their resources.
Hiring in Congo
While hiring employees in Congo for your company, it is a good practice to have a written or an oral contract of employment in place mutually agreed upon by the two parties. The employment contract should be written in the local language, French. It must state the benefits, compensation, termination requirements of the employees. Salary and any other compensation amounts have to be mentioned in the Congolese Franc currency and not in other foreign currency. Positions vacant are advertised on various platforms like newspapers, online websites, job boards, etc. To know more about hiring in Congo, contact Skuad.
Probation & Termination
- In the Republic of Congo, Labor law states that a probation period can be included in the employment contract and should be evidenced in writing. The probation for an employee with specialized skills cannot exceed one-six months.
- If the probation period exceeds the duration, it will be automatically reduced to the maximum period allowed.
Termination Of Service
Employees with an open-end contract can be terminated only by the employer. A fixed-term contract is terminated on its due date automatically.
Notice For Termination of Employment
| Duration of the employment |
Notice period |
| During probation period |
Three days |
| Open-end contracts |
Fourteen working days, increases by seven for a full year of employment |
| Fixed-term contract |
based on the expiration of the term |
To know more about Skuad, book a demo today.
EOR Solution
Establishing a successful enterprise in a different country requires expert intervention as it is nearly impossible to know the varied compliance policies of the country. Employers of record, with their team of experts, can simplify your task of conducting business globally. Their extensive research on the country’s laws and HR policies helps in the process of business expansion at a faster pace. An effective employer of record service manages the entire life cycle of the employees. They handle complex HR-related matters and let you focus on your core task. Employer of record companies Congo facilitates hassle-free business expansion.
Hire talent from all over the world and improve your business prospects with Skuad’s platform for managing globally distributed teams. Its unified employment platform handles the arduous task of managing global payroll, compliance, and taxation. Talk to us and build a global team of efficient workers.
Outsourcing Employment Through An Employer of Record
A company should consider all factors and decide if it wants to use its existing staff to hire or take help from a local entity familiar with the laws of the country and help speed up the hiring process. Outsourcing HR functions to Skuad can take a huge burden off your shoulder. To learn more, Contact Skuad today.
Types of Visas in Congo
There are three main types of visas available for the Republic of Congo based on the purpose of your trip. A foreigner who wishes to study, work or live in the Republic of Congo needs to apply for a residence permit. Following are the types of visas in the Republic of Congo:
| Visa Category |
Explanation |
| Tourist Visa |
- The visa is issued to tourists or foreigners that allows them to enter the country through designated airports or harbor stations.
- A tourist visa can be issued from any accredited Congolese consulate.
- The validity of the tourist visa of 3 months (90 days) allows multiple entries in the country for a non-US citizen.
- For a US citizen, the tourist visa is issued for 6 months (180 days) with multiple entries.
|
| Business Visa |
- For investing in the Republic of Congo, making feasibility studies, establishing business and professional contact, a business visa is required.
- The validity of the business visa of 1 month (30 days) allows multiple entries in the country for a non-US citizen.
- If the applicant wishes to stay in the country for more than 30 days, they can extend the visa at their nearest Immigration office.
- For a US citizen traveling for business purposes, the business visa is issued for six months (180 days) with multiple entries.
|
| Office or Diplomatic visa |
- This visa is granted to official passport bearers, diplomatic passport bearers, United Nations Laissez-Passer bearers who wish to travel into the country for official business purposes.
- For diplomatic passports, the validity of the visa is 12 months (1 year) with multiple entries if the application is accompanied by a diplomatic note. The diplomatic passport is issued free of charge.
- The diplomatic passport bearers include the Ministry of Foreign Affairs in Canada and Mexico, the US State Department, the International Monetary Fund, the World Bank, the United Nations, or Diplomats from other Embassies accredited to the United States of America, Canada, and Mexico.
|
| Residency Permit |
- Foreign nationals who wish to secure a permanent residency in the Republic of Congo need to apply for a residency permit.
- The applicant must pass the following criteria to be eligible for permanent residency: 1. must have stayed in the republic of congo for at least 15 years. 2. good standing with the tax authorities 3. should have exercised liberal, commercial, industrial or agricultural activities.
|
Work Permits
The work permit for Congo falls under a special category of immigration permit. Based on the laws set by the Ministry of Labour and Social security, it allows the permit holder to work and live in the country.
| Can Skuad Sponsor work permit in Congo? |
Yes |
| Processing time |
15 working days |
| Work Permit Process |
A foreign national who wishes to work or reside in the country is issued a work visa from the Congolese Embassy.
Step 1: Visit your nearest Congolese embassy or consulate in your home country. Get the requirements and fees to apply for a work visa.
Step 2: Gather all the required documents and the applications for the visa. Apply and pay the fee at the Congolese embassy or consulate in your country.
Step 3: Once the application is approved by the officials, the passport is mailed along with the visa.
Step 4: The applicant can travel to the Republic of Congo once they receive the visa.
|
| Work Permit Validity |
1-2 years |
| Where is the application processed? |
The application is processed in the home country of the employee |
| When Can Employees Travel to Congo? |
After the issuance of a work permit from the Congolese Embassy or consulate, the employee can travel to the Republic of Congo. |
| Switch Resident Visa to Work Permit? |
No |
| Work Permit Process for Different Countries |
For other countries, the process to obtain a work permit visa is almost the same. |
| Work Permit Restrictions |
If the employee gets promoted in your company or wishes to transfer to another company, the work permit will no longer be valid. The employee needs to apply for a new work permit. |
Contact Skuad to know more about how Skuad can sponsor work permits.
Payroll & taxes in Congo
The Republic of Congo is a diverse country with many ethnic groups of different languages and dialects. While trying to expand into the Republic of Congo, a challenge you might face is to set up a payroll that fulfills the country's employment compliance laws, taxation rules, etc., and avoid any delays and fines. If a subsidiary wants to set up a payroll, it needs to incorporate a subsidiary first. The process of incorporating is a bit lengthy and may take months to complete. Another way to incorporate a subsidiary and reduce the processing time is through outsourcing payroll. The process takes much less time and no stress of compliance.
- Internal: If a parent company, plans to set up a large subsidiary, then they can set up an internal payroll. Such companies can afford to hire additional HR staff compared to small or medium companies.
- Remote: A subsidiary with no enough resources to hire staff for internal payroll or outsource can use the payroll of the parent company to pay the employees. The laws for the employees in a subsidiary in the Republic of Congo will differ from that of the parent company employees.
- Republic of Congo payroll processing company: If subsidiaries are investing in the local economy, they might want to work with the Republic of Congo payroll processing company. If you do so, they might not handle the company's compliance.
- Republic of Congo payroll outsourcing: A better option to handle your subsidiary payrolls is outsourcing them.
Contact Skuad to know more.
Taxes in Congo
| Tax |
Explanation |
| Income Tax Rates |
Monthly Taxable Income
| Gross Income |
Tax rate (%) |
| Up to CDF 524,160 |
0 |
| 524,161 to 1,428,000 |
15 |
| 1,428,001 to 2,700,000 |
20 |
| 2,700,001 to 4,620,000 |
22.5 |
| 4,620,001 to 7,260,000 |
25 |
| 7,260,001 to 10,260,000 |
30 |
| 10,260,001 to 13,908,000 |
32.5 |
| 13,908,001 to 16,824,000 |
35 |
| 16,824,001 to 22,956,000 |
37.5 |
| Above 22,956,000 |
40 |
|
| Financial Year End date |
31st December |
| Tax return |
Yes |
| Corporate tax |
30% |
| Withholding Tax ( For Non-residents) |
No Withholding tax applicable |
| Payroll Tax |
0-40%
the total value of payroll tax cannot be more than 30% of the taxable revenue
|
| Sales Tax |
16% |
| Pension Scheme |
A pension scheme is available for citizens of the Republic of Congo. |
| Medical Insurance |
The Republic of Congo provides both public and private healthcare to its citizens. |
Incorporation
Setting up a subsidiary in the Republic of Congo takes time while you consider factors for efficient office space and location in the country. Some cities and regions in the Republic of Congo have different subsidiary laws, and you need to find the right city and place to incorporate your subsidiary. The Republic of Congo has different types of subsidiary structures like a simple limited partnership, public limited company, a collective name company, limited liability company (LLC). The most preferred structure is the LLC which allows a company to do more work with fewer restrictions. The process of setting up a subsidiary as an LLC in the Republic of Congo is as follows:
- Draft the articles of association and notarize them with a public notary.
- Deposit capital legally required in a bank
- Tax registration with the authorities
- Register articles of association at the Clerk's office of the court with the commercial registrar.
- one-stop-shop registration
- In a legal journal publish the notice of your company formation.
- The start of the operation is to be notified to the Ministry of Labor.
- Registration with the regional directorate of Labor.
- Registration with the Social security of authorities.
The entire process of setting up a subsidiary is challenging and time-consuming. However, partnering with an Employer of Record like Skuad enables organizations to hire and build a team in Congo without setting up a subsidiary or an entity. To know more about Skuad, book a demo today.
Professional Employer Organization (PEO)
A Professional Employer Organization (PEO) manages all HR-related functions, such as compliance policies of the country, employee benefits, payroll management, taxes, and risk management. A PEO firm acts as a co-employer while an EOR firm acts as a legal employer.
Businesses willing to expand into another country must establish a legal presence in the country. Collaborating with a PEO firm will require the companies to set up a legal entity separately, however, when you partner with an EOR team you can legally start working and hiring employees in the country as it is already a legal employer.
A PEO can take over the responsibilities and liabilities of the company and handle all HR-related matters. An EOR company allows organizations to set up legal entities in different countries and mark their presence in the global market.
Skuad’s integrated platform acts as an EOR solution. Its unified employment platform manages all HR-related functions, right from recruitment to termination. You can build an efficient team of workers remotely while complying with the local laws. Skuad handles all the functions such as onboarding workers both full-time and contractors, managing their payroll and taxes, etc. Elevate your business prospects while saving your time and money with the advanced EOR solutions of Skuad. Connect with Skuad experts to know more about our offerings.
Conclusion
Looking for an efficient EOR solution can be challenging, and yet vital, for your company. Skuad’s Global HR employment platform can help with building a global team in Congo. Book a demo to learn more about Skuad’s EOR solutions in Congo.
