Kinshasa court hears case of unfair labor practices

A former employee of Amazone Sécurité, a company based in Kinshasa, Democratic Republic of the Congo, has taken his former employer to court demanding damages for unfair labor practices. Luc Amani, who worked at the company from January 2023, claims that his employer failed to register him with the social security system and owes him salary and benefits. The case was heard at the labor court in Matete, Kinshasa.

According to Amani's lawyer, his client was abruptly told to stop coming to work on June 28 without explanation. He was then excluded from company premises for three weeks. On July 7, he was summoned to the company's office to be heard by a lawyer, but was not allowed to enter. He then wrote a letter of resignation, which the company acknowledged. Amani's lawyer argues that his client's resignation was a result of the employer's unfair treatment.

The defense, however, claims that Amani had committed a serious offense by recruiting company agents to work for a competitor, the Carmel Foundation, and collaborating with a former business partner. The defense lawyer stated that Amani's actions led to the company losing lucrative contracts. The company had filed a complaint with the court in the district of Assossa for labor diversion and had informed Amani.

The defense lawyer requested that the labor court suspend the case until the penal court rules on the labor diversion charges, citing the principle that "the criminal holds the civil in abeyance." However, Amani's lawyer argued that a simple penal prosecution was not enough to justify suspending the civil action, as there was no causal link between the two procedures.

The prosecutor's office stated that the labor court was not prevented from ruling on the case due to the lack of impact between the labor diversion charges and the employment contract. The prosecutor noted that Amani was denied access to company premises without prior notification, which constituted unfair dismissal. This situation entitled Amani to damages, according to Article 63 of the Labor Code.

The prosecutor requested that the court rule in favor of Amani's demands, including payment of June's salary and final benefits, as well as damages for failure to register with social security. The court took the case under advisement and will deliver its verdict within the legal timeframe. The judge, Mariette Kayamba, closed the debate and announced that the court would deliberate and render a judgment.

The case highlights the challenges faced by workers in the Democratic Republic of the Congo in enforcing their labor rights. The court's decision will be closely watched, as it may set a precedent for similar cases in the country. The Congolese press agency will continue to follow the case and provide updates as more information becomes available.

Key points

• The court will decide on the case of Luc Amani, who demands damages from his former employer for unfair labor practices.
• Amani claims that his employer failed to register him with the social security system and owes him salary and benefits.
• The court's decision may set a precedent for similar cases in the Democratic Republic of the Congo.