The right to strike is a fundamental right for workers to express their professional wishes freely. However, like any right, it can be subject to abuse. This was affirmed by the national deputy, Guy Mafuta Kabongo, during the examination and adoption of a bill determining the fundamental principles for the exercise of this right during the plenary session of Tuesday 16 may. This regulation aims to provide a legal framework for a fundamental right that is often poorly regulated in the Democratic Republic of Congo (DRC).
Indeed, since the accession of the Democratic Republic of Congo to independence in 1960, only two ministerial decrees have given an outline of content to the practical modalities of the exercise of the right to strike. However, this fundamental right is often claimed by Congolese employees in the public or private sector to make their voices heard. Guy Mafuta Kabongo’s bill introduces several innovations, including the prohibition of any dismissal following a strike, the absence of gross negligence. It also prohibits illegal strikes and industrial action by employers.
However, this bill must first go through the PAJ commission to be groomed. The President of the National Assembly, Christophe Mboso, pointed out that Article 123, point 8, is the legal basis of this bill. Nevertheless, it is preferable to cite Article 39 of the Constitution which refers to the right to strike. If this bill is finally adopted, it will offer Congolese workers legal protection for the exercise of their right to strike in complete safety.