n African Journal of Democracy and Governance - Participation des salariés à la gouvernance d'entreprise : une forme avancée de la démocratie en droit du travail

Volume 1, Issue 1
  • ISSN : 2313-6529


If labour law is characterised by the traditional employer's management powers, company law, by contrast, highlights the decision-making power of shareholders in the organisation and the running of the company. In both cases, the role of the employees seems negligible. With a view to reversing this trend, corporate governance, using the stakeholder approach, aims to involve all the parties in the decision-making, including the employees as the main addressees of the decisions made by company's governing bodies. Beginning with an analysis of the co-determination in comparative law, relying in particular on the German and French models, This article highlights the benefits of this mechanism and ascertains its inexistence in Democratic Republic of Congo, where the legislator has regulated solely a simple representation of the employees in the company and not their participation in the company's governing bodies. Albeit desirable, the instauration of this mechanism in Congolese law requires not only real reforms, but also the fulfilment of certain preconditions, notably the training of the stakeholders in democracy and governance, and in the fight against corruption.

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