You or your employee may cancel the contract without notice within the first month of the probationary period. After the first month, but while the probationary period is still in effect, any party may cancel the employment agreement by giving the other three days' notice.
Employers must provide notice of termination based on the employee's length of service beyond the probationary period under indefinite contracts. Prior to termination, employees with less than three years of service are entitled to one month's notice. Employees with three to five years of service are entitled to 1.5 months' notice. Employees with more than 10 years of service are entitled to two months' notice. Three months' notice is required for employees with more than ten years of service.
When an employee is hired, the employer may require a probationary period to assist the employee in acquiring the necessary skills and to allow the employer to assess the employee's suitability for the role. The probationary period should not exceed six months. Employers are not permitted to hire a worker on a fixed-term contract to fill a permanent position. If an employee continues to work for the company after the expiration of a fixed-term contract, the relationship becomes indefinite.
According to the Labour Code, any worker who is not a daily worker or a probationary worker is entitled to a dismissal payment if he or she is dismissed without gross misconduct. The amount of this severance is determined by collective bargaining or individual employment contracts. Severance compensation at the following rate is applicable to individual dismissals. For employees with less than three years of service, severance pay equals half of the average monthly cash salary plus, if applicable, the average monthly legal value of the benefits in kind, including, if applicable, housing, to which the employee was entitled at the time of dismissal. Severance pay is double the amount paid to an employee terminated after three years of service if the seniority of service is between three and five years. Severance pay is four times the amount granted for an employee terminated after three years of employment if this employee has a seniority of service of 5 to 10 years. Severance pay is six times the amount paid to an employee terminated after three years of employment if the employee has a seniority of service greater than ten years.
Typically, an employee should work no more than eight hours per day and no more than forty hours per week. On specific days, hours may exceed or fall below eight up to ten hours per day for shift work and a maximum of 45 hours per week.
In exceptional circumstances, such as when the workload is unusually high, the employer may add up to 15 additional hours of work per week. The annual cap for overtime is 150 hours.
Employers are required to pay employees a minimum wage equal to the country's minimum wage in order to cover their living expenses and family needs. The legal minimum wage, on the other hand, has not been updated in several decades and is far too low to be practical. Rather than that, it is customary to set a salary in accordance with market standards, regional economic conditions, and the current cost of living. Salary should be agreed upon or determined by the Minister of Public Services, Labor, and Employment.
After determining the appropriate wage and incorporating it into the employment contract, the employer must adhere to a consistent payment schedule, paying employees on a daily, weekly, fortnightly, or monthly basis.
Employers must contribute 6% of each employee's earnings to social security, with an additional 3% for hazardous jobs. It is also their job to connect employees with maternity and health insurance providers.
Supplemental bonuses are not required, but companies might include additional prizes and other advantages to build an appealing package for prospective employees in the region. Consider granting more paid time off, extended maternity or paternity leave, or a year-end bonus.
Companies in Burundi are subject to a corporate tax rate of 35 percent.
Individuals in Burundi are imposed an income tax rate that ranges from 0 to 35 percent. The actual percentage varies depending on the income tax bracket the individual belongs to.
The standard rate for the value-added tax (VAT) or goods and sales tax (GST) in Burundi is set at 18 percent.
In terms of visa regulation, Burundi has one of the most stringent procedures in the world. Only six nations (all African) are permitted to enter Burundi without a visa. The Democratic Republic of the Congo, Kenya, Rwanda, South Sudan, Tanzania, and Uganda are among them. The remainder of the globe must get a visa from the closest embassy or diplomatic post. You may apply for a Burundi visa in Europe at the Burundi Embassy in Belgium.
Changes in the country's visa requirement rules are something to bear in mind before applying. We suggest contacting the embassy to find out precisely what is expected of you. The information you read on the internet should only be used as a guide. Nonetheless, we are certain that you will need a passport with at least one blank page and a minimum validity of 6 months from the date of your arrival in Burundi. You should contact the embassy for further information and details.
Your name and the employee’s name
The employee’s country of citizenship
The employee’s date and place of birth
The details for salary, bonuses, and family benefits
The duration of the contract
The employee’s profession
The employee’s place of residence at the contract signing
The agreement date
The duties of the position
The employee’s family composition
There is no set length for assignments. This is usually indicated in the employment contract for fixed-term employments.
Burundi Franc (BIF)
Your company's shareholders and directors may be of any nationality, according to the country's legislation. If one of the shareholders is corporate, you may form a limited liability corporation (LLC) with at least one director and two stockholders. The company will be established in around six weeks.
You'll also need at least 1,961 Burundian francs (BIF) in share capital to get started with your subsidiary.
You are responsible for adhering to all legal requirements in order to create an overseas corporation.
1. Submit All Necessary Documentation. You must submit the required documentation to the Burundi Investment Promotion Agency (API). The agency accepts submissions via a single point of contact and needs the following information:
- Application form with your company's name, address, initial capital, number of partners and their names, and contributions from each partner
- Your company's bylaws
- Form for registering with the commercial court Form for registering with the Burundi Revenue Authority to receive a tax identification number (TIN)
- Photographs of each business partner
- Each partner must provide proof of identification.
After submitting your application, you will be issued a certificate of incorporation.
2. Complete the Registration Form Using the API. You must register with the National Social Security Institute after receiving your TIN and certificate of incorporation. The next step is to gather the cash to pay the Burundi Commercial Bank's registration cost. Both of these processes may be completed using the API's one-stop shop.
3. Obtain a Company Stamp. While it is not required by law, using a stamp to certify your company's paperwork is common practice. For about BIF 20,000, you may engage a local maker to produce a seal for your firm.
4. Make Health Insurance Available. It is your responsibility to enroll your firm and its workers in an official maternity and health insurance provider. You may get health insurance via a private health insurance provider or a mutual health insurance business. You'll require evidence of insurance coverage as soon as you start operations.
To completely comply with regulatory requirements, you must employ an auditor and submit audited financial paperwork each year.
If you satisfy certain requirements, you may be able to register for one of the country's special investment zones. To qualify, you must export all of your goods and employ a majority of Burundians. You would be exempt from all import and export taxes as a free-zone corporation.
Establishing an entity in
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