卢旺达 雇佣指南

An employment contract can be indefinite or fixed-term.

Under Rwandan labor law, fixed-term contracts can be used to employ workers for tasks that are of a permanent nature. The law does not mandate a valid basis for using such contracts nor does it set a statutory limit on the maximum duration of successive fixed-term contracts. The contract’s defined duration can be renewed as many times as the parties agree.

If a fixed-term contract is not renewed in writing after its expiration, but the employee continues to work, the compensation will be based on the number of days worked.

Pre-employment checks are permitted to ensure a clean criminal record and suitability for the job.

The probation period for employees in Rwanda cannot exceed three months. However, the employer can extend the period by up to three months for valid reasons, as long as the employee is provided with a written review of their performance.

If an employee’s written performance review during the probation period shows they are not competent and they are notified of this, the employer has the right to terminate the employment contract without giving notice. The employee is only entitled to the salary they have earned and no other compensation will be paid out.

The maximum working hours are 45 hours per week. Employees are entitled to at least 24 consecutive hours of rest per week. The weekly rest period normally takes place on a Sunday.

Overtime rates are negotiated between the employer and the employee. This will be determined in the employment contract.

Rwanda’s labor laws state that the daily timetable for work hours and breaks for an employee is determined by the employer.

In Rwanda, employers can terminate an employment contract either by observing the notice period requirements or by providing payment in lieu of notice.

However, if an employee engages in gross misconduct, the employer has the right to terminate the employment contract without notice. In such cases, the employer must notify the employee within 48 hours of obtaining evidence of the misconduct.

It is unlawful for the employer to terminate the employment contract if the employee is suspended or on leave.

If an employer unlawfully terminates the employment contract, the employee is entitled to compensation for damages. The range of damages must be between three to six months’ salaries. In case the employee has 10 years of experience, the maximum amount of damages is nine months’ salary.

• At least 15 days when an employee has served for less than one year
• At least 30 days when an employee has served for over one year

The notice must be given in writing and state the reasons for termination of the employment contract.

During the notice period, the employee is allowed to be absent from work for one day per week to search for a new job.

In Rwanda, there are no specific regulations on the validity and enforceability of non-compete provisions in employment contracts. Most employers can enter into confidentiality agreements with employees to prevent the disclosure of sensitive information.

In Rwanda, Law No. 058/2021 Relating to the Protection of Personal Data and Privacy governs data protection. This law mandates that employers must obtain explicit consent from employees for processing their personal data and must clearly state the specific purpose for which the data will be used.

Salaries must be paid on time and in legal currency. The maximum payment interval must not exceed:

• One day for an hourly or daily worker
• One week or two weeks for a weekly or biweekly worker
• One month for a monthly worker

Employers must pay their employees’ salaries within seven days after the end of each pay period. However, if the employee is a daily worker, they must be paid every day. The employer must deposit the employee’s salary into a bank or financial institution account that the employee has specified in writing.

An employer is required to provide a payslip to an employee upon request. The payslip should include information on how the employee’s compensation was calculated, such as their basic salary, any allowances or bonuses as well as the amount of taxes withheld. The payslip should also indicate the employee’s net salary.

After completing one year of continuous service, employees in Rwanda are entitled to 18 days of paid annual leave. This entitlement increases to 21 days of paid annual leave after three years of continuous service with the same employer.

Employees are entitled to 15 days of paid sick leave upon presenting a medical certificate from a licensed doctor. In the event that the sick leave period exceeds 15 days, the employee can apply for long-term sick leave, which can last for up to six months. However, the approval of a medical committee composed of three licensed doctors is required for long-term sick leave. The employee is entitled to full salary for the first three months of the leave. After three months of paid sick leave, the employee can request another three months of unpaid work suspension.

It is important to note that the employer has the right to terminate the employment contract if an employee remains ill after six months of long-term sick leave.

Employees in Rwanda are entitled to the following circumstantial leaves to deal with both fortunate and unfortunate events that occur within their families.

• two working days in case of his or her civil marriage;
• one month in addition to paternity leave days in case his wife dies leaving an infant of less than three months;
• seven working days in case of death of his or her spouse;
• five working days in case of death of his or her child or adoptive child;
• four working days in case of death of his or her father, mother, father-in-law, or mother-in-law;
• four working days in case of death of his or her brother or sister;
• three working days in case of death of his or her grandfather or grandmother;
• three working days in case of his or her transfer over a distance of more than 30 kilometers from his or her usual place of work.

An employee on circumstantial leave continues to receive their salary and fringe benefits. Circumstantial leave cannot be divided into installments or deducted from annual leave.

Maternity Leave

Female employees are entitled to 14 weeks of paid maternity leave, which includes two weeks before delivery. If a female employee experiences complications during childbirth or if their child has a medical issue related to the delivery, and it is confirmed by a recognized medical doctor, the employer must grant an additional paid leave of up to one month for the mother.

Following their return to work, new mothers are allowed a daily one-hour breastfeeding break for up to 12 months. The break is deducted from the total working hours and fully compensated.

Paternity Leave

A male employee is entitled to seven calendar days of paternity leave in the event of his wife’s delivery.

The Rwandan government sets the official public holidays each year through a presidential order. Typically, there are 11 public holidays observed in Rwanda annually.

If an employee works on a public holiday, they are entitled to compensatory rest that is equal to the number of public holidays worked over the preceding 30 days.