constituteproject.org PDF generated: 18 Apr 2016, 15:22 It encourages and sees to the security of private investments, national and foreign. • Protection from expropriation One may only be deprived of his property for reasons of public utility and in return for a just and prior indemnity conceded under the conditions established by the law. • Protection from expropriation One may only have their assets seized by virtue of a decision taken by competent judicial authority. Article 35 The State guarantees the right to private initiative to both nationals and to foreigners. It encourages the exercise of small commerce, of art and of artisanship by the Congolese and sees to the protection and to the promotion of national expertise and competences. The law establishes the modalities of exercise of this right. Article 36 Work is a sacred right and duty for each Congolese. • Right to work • Right to equal pay for work The State guarantees the right to work, protection against unemployment and an equitable and satisfactory remuneration, assuring the worker as well as his family of an existence in accordance with human dignity, together with all the other means of social protection, notably retirement pension[s] and life annuities. No one may discriminated against [leser] in their work because of their origin, their sex, their opinions, their beliefs or their socio-economic condition. • Duty to work All Congolese have the right and the duty to contribute through their work to the national construction and prosperity. The law establishes the status of workers and regulates the particulars concerning the juridical regime of the professional orders and the exercise of professions which require a scholastic or academic qualification. The internal structures and the functioning of the professional orders must be democratic. • Freedom of association Article 37 The State guarantees the freedom of association. The public powers collaborate with the associations which contribute to the social, economic, intellectual, moral and spiritual development of the population and to the education of the citizens [masculine] and the citizens [feminine] This collaboration may take the form of a subsidy. The law establishes the modalities of the exercise of this freedom. • Right to join trade unions Article 38 The syndical right is recognized and is guaranteed. All Congolese have the right to found trade unions or to affiliate with them freely, under the conditions established by the law. • Right to strike Article 39 Congo (Democratic Republic of the) 2005 (rev. 2011) Page 12

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