Title: Subcontracting in the private sector in the DRC: Towards effective enforcement of the law
Introduction :
The Regulatory Authority for Subcontracting in the Private Sector (ARSP) and the Federation of Companies of Congo (FEC) recently held a working session to discuss the application of the law on subcontracting in the Republic Democratic Republic of Congo (DRC). This meeting focused on the evaluation of letters of recommendation from subcontractors for obtaining contracts and the imminent publication of a sectoral guide determining the scope of application of the law. The ultimate objective is to ensure efficient implementation of the legislation in force.
A meeting to clarify misunderstandings:
During this meeting, the FEC stressed the importance of respecting the laws of the Republic and expressed its desire to work transparently and in accordance with established rules. For his part, the Director General of the ARSP clarified certain points concerning the main companies which seek to circumvent the law by using obsolete interpretations. He insisted on the fact that supply is no longer excluded from the law on subcontracting and that this practice is essential for its application.
Towards the publication of a sectoral guide:
The big step forward from this meeting lies in the imminent announcement of the publication of a sectoral guide which will clearly define the scope of application of the law on subcontracting. This guide will provide specific guidance and eliminate any ambiguity regarding the responsibilities of prime companies and subcontractors. It will also make it possible to better understand the areas where subcontracting is applicable, which will facilitate the implementation of this practice within the different industries in the DRC.
A new dynamic for the ARSP:
The General Management of the ARSP is determined to carry out strong actions in this new year in order to strengthen the entrepreneurship sector and realize the vision of the President of the Congolese Republic. This meeting with the FEC demonstrates the desire of regulatory authorities to put in place solid and effective regulations to promote good practices in subcontracting in the private sector.
Conclusion :
The meeting between the ARSP and the FEC marks a significant step forward in the application of the law on subcontracting in the DRC. The imminent publication of a sector guide will clarify the responsibilities of main companies and subcontractors, thus promoting efficient implementation of the legislation. This dynamic demonstrates the commitment of the Congolese authorities to create an environment conducive to the growth and development of the private sector, while ensuring transparency and fairness in relations between the various stakeholders.