In Rwanda, the termination of employment is strictly regulated by Law N° 66/2018 of 30/08/2018. This law acknowledges several legitimate reasons for an employer to dismiss an employee, including employee misconduct, economic reasons, and mutual consent.

Lawful Grounds for Dismissal

Employee misconduct can be categorized into ordinary and gross misconduct. Ordinary misconduct includes absences without justification, poor job performance, breaches of company policy, and insubordination. Gross misconduct involves severe offenses such as theft, fraud, fighting at work, or being under the influence of alcohol or drugs while on duty. Economic reasons refer to situations where the company is facing financial difficulties or restructuring that necessitates job cuts. Mutual consent occurs when both employer and employee agree to terminate the employment contract.

Notice Requirements

Except for termination due to gross misconduct, employers are required to provide written notice before dismissing an employee. The length of this notice depends on the employee's length of service. For those with less than one year of service, at least 15 days notice is required. For those with more than one year of service, at least 30 days notice is required. The notice must include the reason(s) for the termination.

Severance Pay

In cases where an employee is unfairly dismissed, Rwandan law mandates severance pay. The amount of severance pay is calculated based on the employee's length of service and salary. The minimum damages must be equivalent to at least 3 months' salary, and the maximum damages cannot exceed 6 months' salary. For employees with long service (over 10 years), damages cannot exceed 9 months' salary.

Important Considerations

No notice period is required when terminating an employment contract within the probation period. If an employee is dismissed due to gross misconduct, they are not entitled to any notice period or severance pay. Given the complexity of Rwandan employment law, employers and employees are advised to seek legal advice when considering termination or facing a termination situation.

Rwanda's Constitution and labor laws provide robust protection against discrimination in the workplace. The laws in Rwanda expressly prohibit discrimination based on race, ethnicity, nationality, color, sex, pregnancy, marital status, religion, disability, age, language, social origin, political opinion, and HIV/AIDS status.

If an individual experiences discrimination in the workplace, they have several legal avenues of recourse. Employers are usually required to have internal mechanisms to address discrimination complaints. Employees can also file complaints with specialized labor courts. Additionally, the National Human Rights Commission, an independent body, can investigate discrimination allegations.

Employers in Rwanda have proactive responsibilities in preventing and addressing discrimination. They are required to develop and implement clear policies that promote non-discrimination and equal opportunity in hiring, promotion, training, and all other employment terms and conditions. They must also provide regular training to employees and managers on anti-discrimination laws and fostering an inclusive workplace culture. Furthermore, employers are expected to establish confidential and effective procedures for reporting and investigating discrimination complaints promptly and fairly.

Rwandan labor law establishes clear guidelines for working conditions, ensuring a healthy work-life balance and worker well-being.

Work Hours

The maximum legal working hours in Rwanda are 45 hours per week. However, the law allows exceeding this limit through "overtime" agreements between employer and employee. Overtime compensation must be paid at a higher rate than regular wages. Specific limitations exist on the number of overtime hours allowed per week and year, depending on the nature of the work. Certain sectors with unique working hours may have different regulations, established through ministerial decrees.

Rest Periods

Rwandan law mandates rest periods for employees to prevent fatigue and ensure alertness. A minimum of one hour for lunch break is required. This break period is usually not included in the working hours calculation. A mandatory rest day, typically Sunday, is also required.

Ergonomic Requirements

While Rwanda does not have a single codified law on ergonomics, the emphasis on occupational health and safety in the labor code indirectly promotes ergonomic principles. Employers have the responsibility to provide a safe and healthy work environment, which can include proper workstation setup and training on proper lifting techniques.

Additional Considerations

A recent communication from the Prime Minister's Office recommends a standard workday of 9 am to 5 pm, with a flexible hour between 8 am and 9 am allowing for remote work possibilities. This is not yet a formal law but reflects evolving work practices. By adhering to these working condition standards, employers in Rwanda can contribute to a productive and healthy workforce.

Rwanda prioritizes worker well-being through a robust framework of occupational health and safety (OSH) regulations. This guide explores the key elements, outlining employer obligations, employee rights, and the role of enforcement agencies.

Employer Obligations

The cornerstone of Rwandan OSH legislation is Law N° 66/2018 of 30/08/2018 Regulating Labor in Rwanda. It mandates employers to safeguard worker health and safety by:

• Risk Assessment and Mitigation: Employers must proactively identify and assess workplace hazards, implementing control measures to minimize risks.
• Safe Work Practices: Establishing and enforcing safe work procedures is crucial to prevent accidents and injuries.
• Personal Protective Equipment (PPE): When necessary, employers must furnish employees with appropriate PPE and ensure proper training on its use and maintenance.
• Workplace Hygiene: Maintaining a clean and sanitary work environment is an employer's responsibility.
• Health and Safety Training: Equipping employees with knowledge on OSH risks, preventive measures, and emergency procedures through training programs is essential.

Employee Rights

The Rwandan Constitution (2003) guarantees every worker the right to "work in a safe and healthy environment" (Article 37). This translates into the following employee rights:

• A workplace free from hazards that threaten health and safety.
• Information on workplace hazards and safety procedures.
• Refusal to perform unsafe work.
• Participation in workplace safety inspections.

Enforcement Agencies

The Rwandan government entrusts several agencies with enforcing OSH regulations:

• Ministry of Labour: This ministry oversees the overall implementation of OSH legislation and conducts inspections.
• Rwanda Occupational Safety and Health Institute (ROSEH): ROSEH provides technical guidance and training on OSH matters.
• Trade Unions: These worker organizations play a vital role in advocating for employee safety and health, collaborating with employers on OSH improvements.

By upholding these regulations and fostering a culture of safety, employers in Rwanda can create a work environment that protects the well-being of their workforce.