The parliament of the Democratic Republic of Congo recently examined and adopted the bill determining the fundamental principles of the exercise of the right to strike. During the plenary session on May 16, national deputy Guy Mafuta Kabongo recalled that the right to strike is a fundamental right for workers, but that it is also liable to be abused. The innovations brought about by the bill include the prohibition and nullity of any dismissal following a strike pronounced in the absence of gross negligence, the prohibition of strikes by certain professional groups such as the military, the police and the magistrates, and the prohibition of certain illicit forms of strike.
The bill also includes provisions aimed at promoting the continuity of public services, such as the requisitioning of certain agents in the event of a strike affecting the needs of the population, and the prohibition on the employer from carrying out consecutive strikes. to a strike.
The President of the National Assembly, Christophe Mboso, indicated that article 123, point 8 was the legal basis of this bill, but some deputies raised article 39 of the Constitution which does not recognize the right to strike. The bill was declared admissible at the end of the debate and sent to the commission which must revise it.
This bill is an important step forward for the promotion of workers’ rights in the DRC, and it could contribute to a better regulation of employer-employee relations. The implementation of this law will be crucial to ensure that the right to strike is not abused and that workers can express their professional needs without fear of reprisals.