References
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants, agricultural workers
Art. 3 LC:
- Persons employed under the general statutes for the Rwanda public service or specific statutes are excluded from the LC, except for matters that may be provided for by Prime Minister's orders.
- In addition, persons dealing with family agricultural, breeding, commercial or industrial activities are excluded from the provisions of the LC, except for those relating to health and safety at the workplace, prohibition of child labour and protection of pregnant or breastfeeding women.
- Lastly, workers in the informal sector are not covered by the LC, except for issues relating to social security, trade union organizations and health and safety at the workplace.
Notes / Remarks
In 2009, a new Labour Code was adopted. It replaced the 2001 Labour Code.
FTC regulated: Yes
Art. 15-17 LL.
Valid reasons for FTC use: no limitation
The LC does not require any valid reason for the use of FTC.
Maximum number of successive FTCs: no limitation
Art. 16 LL: Fixed-term contracts can be renewed as many times as agreed upon by the parties.
Maximum cumulative duration of successive FTCs: no limitation
No statutory limitation on the maximum duration of successive FTCs.
Maximum probationary (trial) period (in months): 6 month(s)
Art. 20 LL: Probation employment or its renewal must be concluded in writing and can only cover a maximum period of six (6) months.
Obligation to provide reasons to the employee: Yes
Valid grounds (justified dismissal):
Prohibited grounds: marital status, pregnancy, maternity leave, family responsibilities, colour, religion, political opinion, social origin, nationality/national origin, trade union membership and activities, disability, financial status, ethnic origin
The LL does not contain a list of prohibited grounds for dismissal.
However, it contains a general prohibition of discrimination in work matter.
Art. 12 LL prohibits direct or indirect discrimination aiming at denying workers the right to equal opportunity or equal treatment especially when the discrimination is
based upon the following:
1. Race, color, or origin;
2. sex, marital status or family responsibilities;
3. religion, beliefs or political opinions;
4. social or economic conditions;
5. country of origin;
6. disability;
7. previous, current or future pregnancy;
8. any other type of discrimination.
- Art. 114 LL prohibits an employer from relying on trade union membership or activities to take favourable or unfair decisions concerning a worker with regard to benefits and working conditions.
- Art. 67 LL prohibits the employer from giving notice of dismissal during maternity leave.
Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave, confirmed injured workers
- Women on maternity leave:
Prohibition to dismiss a woman during maternity leave (art. 67 LL)
- Workers' representatives:
In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to higher compensation: a maximum of 9 months' pay (instead of 6 months' pay).
- Injured workers declared unfit to work:
Art. 100 LL: The employer shall notify the Labor Inspector prior to dismissing a worker dismissed due to an accident.
It is also worth noting that in case of termination of the employment contract during paid leave or suspension period by the employer, the notice allowance is doubled (art. 31 LL).
Reasons for the suspension of the employment contract are listed in art. 25 LL, as follows:
1. absence from work due to a disease confirmed by a recognized medical doctor;
2. worker's unavailability due to a work accident or a professional disease;
3. maternity leave of a woman;
4. a strike or lock-out which comply with the procedures regulating the labour collective dispute;
5. worker's absence authorised by the employer by virtue of collective conventions or individual agreements between employer and worker;
6. worker's lay-off;
7. pre-trial detention of a worker for a period not exceeding six (6) months;
8. training of the worker organized by a trade union to which he/she is entitled as per the modalities set by the law or collective conventions ;
9. suspension of the enterprise's activity due to technical reasons;
10. in case of force majeure or any other reason provided for by the law with the effect of preventing one of the parties from fulfilling its obligation.
In Rwanda, there is no prohibition of termination of employment during the suspension period (except for maternity leave, see art. 67 LL), the employer is only required to pay twice the amount of the notice allowance.
Notification to the worker to be dismissed: written
Art. 30 LL: notice of termination must be given in writing to the interested party and must specify the reasons for the dismissal.
Notice period:
Art. 27 LL: The notice period shall be at least:
- 15 days if the worker has worked for less than a year;
- 1 month if the worker has workers for a period of one year or more.
No notice period shall apply to a worker on probation.
Art. 28(2) LL provides that where a fixed term contract is terminated due to gross negligence, the party causing the contract to be terminated shall notify the same to the other party within fourty eight (48) hours.
Pay in lieu of notice: Yes
Art. 32 LL provides that any termination of contract without notice or without having observed the notice period compels the responsible party to pay the other party an allowance corresponding to the salary and other benefits from which the worker would have benefited during the notice period that has not been effectively respected.
Notification to the public administration: Yes
No general obligation to notify the administration of any dismissal. This only applies in case of the dismissal of a worker for economic and technological reasons (art. 34 LL - see below under collective dismissals).
Notification to workers' representatives: No
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No
Definition of collective dismissal (number of employees concerned) The LL does not define collective dismissal in terms of the number of employees concerned.<br/>Specific notification requirements apply to any <b>individual and collective dismissal</b> on economic grounds or due to internal reorganization, restructuring following economic difficulties or technological transfers with the aim of protecting the competitiveness of the enterprise. <br/>
Art. 34 LL.
Notification to the public administration No
No preliminary consultation required in the LL (art. 34 LL).
Note: Such requirement was included in the former Labour Code (2001), repealed by the 2009 LC: any employer intending to dismiss workers on economic grounds was required, before implementing his/her decision, to inform the worker's representatives of the causes and criteria, and the date the proposed dismissals and to undertake consultations with them on measures that could be taken to prevent or limit the dismissals.
Notification to trade union (workers' representatives) Yes
Art. 34 LL: Obligation to inform the competent labour inspector in writing.
Notification to workers' representatives: No
No statutory obligation to inform the worker's representatives in the LL (art. 34 LL).
Note: Such requirement was included in the former Labour Code (2001), repealed by the 2009 LL: any employer intending to dismiss workers on economic grounds was required, before implementing his/her decision, to inform the worker's representatives of the causes and criteria, and the date the proposed dismissals and to undertake consultations with them on measures that could be taken to prevent or limit the dismissals.
Approval by trade union (workers' representatives) No
Approval by workers' representatives No
Priority rules for collective dismissals (social considerations, age, job tenure) Yes
Art. 34 LL: performance, professional qualification, time spent in the enterprise and family responsibilities shall be taken into account when selecting the workers to be dismissed.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...) Yes
Priority rules for re-employment No
No statutory obligation to consider alternatives to dismissals in the LC (art. 34 LL).
Note: Such requirement was included in the former Labour Code (2001), repealed by the 2009 LL: any employer intending to dismiss workers on economic grounds was required, before implementing his/her decision, to inform the worker's representatives of the causes and criteria, and the date the proposed dismissals and to undertake consultations with them on measures that could be taken to prevent or limit the dismissals.
Notes / Remarks
The LC provides for additional notification requirements which are not specific to collective dismissal: they apply to any economic dismissal concerning 1 or more employees.
:
According to art. 35 LL, upon dismissal, workers are entitled to severance pay ("dismissal compensation") provided that they have completed a period of at least twelve (12) consecutive months of work.
Statutory severance pay is payable at the following rates:
- 1 month' salary for less than 5 years of service;
- 2 months' salary for 5 to 10 years of service;
- 3 months' salary for 10 to 15 years of service;
- 4 months' salary for 15 to 20 years of service;
- 5 months' salary for 20 to 25 years of service; and
- 6 months' salary for more than 25 years of service.
: 0 month(s)
: 0 month(s)
: 1 month(s)
: 1 month(s)
: 1 month(s)
: 2 month(s)
: 3 month(s)
: 5 month(s)
:
The LL does not provide for specific redundancy pay. Severance pay provided for in art. 35 LL also cover economic dismissals.
: 0 month(s)
: 0 month(s)
: 0 month(s)
: 1 month(s)
: 1 month(s)
: 2 month(s)
: 3 month(s)
: 5 month(s)
mine workers: No
Art. 33 LL.
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): - <u>Workers with up to 10 years of service</u>:<br/>Not less than <b>3 months' salary</b> and up to a maximum of <b>6 months' salary</b>.<br/><br/>- <u>Workers with over 10 years of service</u>:<br/>Not less than <b>3 months' salary</b> and up to a maximum of <b>9 months' salary</b>.<br/><br/>- <u>Trade union and staff representatives (regardless of seniority) </u>: <br/>Not less than <b>3 months' salary</b> and up to a maximum of <b>9 months' salary</b>.
Art. 33 LL.
managerial / executive positions: No
police: Yes
Art. 140 LL:
When an individual labour dispute arises, the concerned party shall request the workers' delegates (staff representative) to settle it amicably.
- In case the dispute is not settled, it shall be referred to the Labour Inspector for an out-of-court settlement.
- When conciliation efforts fail, the dispute may be taken before the competent court.
- If the above mentioned steps have not been followed, the court may declare the claim inadmissible.
Existing arbitration: Yes
Only for collective labour disputes (arts. 144-150 LL)