@article{2020:nsambana_bonkako:le_salaire,
title = {LE SALAIRE MINIMUM INTERPROFESSIONNEL GARANTI SOUS LA CONSTITUTION DU 18 FEVRIER 2006. CADRE JURIDIQUE ET PROBLEMES D’APPLICATION EFFECTIVE EN RD CONGO},
year = {2020},
note = {The Decree n°18/017 of 22 May 2018 setting the new minimum SMIG fixed
it at 7,075CDF, representing 5USD at the time of the decision. This
decree, which is intended to replace, by repealing (sic), the Order
No. 80/040 of 30 April 2008, which set the SMIG at 1,680 CDF, derives
its legal basis from Article 87 of the 2002 Congolese Labour Code,
which recognises the President of the Republic's authority to set the
SMIG. In this study, the reflection is oriented on three levels:
First, it is a question of identifying, in the light of the reading of
articles 87 of the 2002 Labour Code and 204, point 17 of the
Constitution of the DRC of 18 February 2006, the competent authority
for setting the minimum SMIG, which makes it possible to draw the
consequences of the Decree No. 18/017 of 22 May 2018, cited above;
secondly, to present the scope of application of the SMIG, in which it
is important to specify, in particular, between remuneration and
salary, which serves as an element of comparison with the SMIG, what
types and categories of employees are concerned by its application;
finally, the empirical approach consisting in addressing practical
problems arising from the application of the SMIG between employers
and workers.},
journal = {KAS African Law Study Library},
pages = {299--318},
author = {Nsambana Bonkako, Juslain},
volume = {7},
number = {2}
}