LAW N° 51/2001 OF 30/12/2001 ESTABLISHING THE LABOUR CODE
This article states that the law establishes the Labour Code of the Republic of Rwanda.
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- Jurisdiction
- Rwanda
- Instrument
- Act or statute
- Citation
- 51/2001 OF 30/12/2001
- Status
- Not in force
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- Undated source snapshot
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- mul
- Updated
- Official source
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Statute overview
About this statute
This article states that the law establishes the Labour Code of the Republic of Rwanda. This article defines who counts as an employee under the law and excludes certain public service workers. This article defines who counts as an employer and when a company exists. Forced labour is absolutely forbidden, and the article defines what counts as forced labour plus several exceptions. An employment contract is formed by mutual consent: the employee works under the employer’s authority and the employer pays the agreed salary. Life employment contracts are not acceptable.
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Provisions of LAW N° 51/2001 OF 30/12/2001 ESTABLISHING THE LABOUR CODE
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Article 1
AI-assisted research summary: This article states that the law establishes the Labour Code of the Republic of Rwanda.
Article 1: TITLE ONE: GENERAL PROVISIONS This law institutes the Labour Code of the Republic of Rwanda. - 2 Verify source ↗
Article 2
AI-assisted research summary: This article defines who counts as an employee under the law and excludes certain public service workers.
Article 2: An employee in this law is any person, regardless of his/her sex and nationality who has undertaken to put his/her professional activity, for pay, under the direction and the authority of another person, natural, or public or private organisation. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (1 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW A person hired as statutory or a contractual employee assimilated to a statutory one in a permanent job of a public service official is not concerned with the provisions of this law. - 3 Verify source ↗
Article 3
AI-assisted research summary: This article defines who counts as an employer and when a company exists.
Article 3: In this law, any natural person or public or private organisation is considered as an employer and constitutes a company as soon as he is employing one or many employees even temporarily. The company may be made up of many establishments, each of them being formed by a group of persons working together in a fixed location (factory, premises, working site, and so on ...) under the employer’s supervision. - 4 Verify source ↗
Article 4
AI-assisted research summary: Forced labour is absolutely forbidden, and the article defines what counts as forced labour plus several exceptions.
Article 4: Forced labour is absolutely forbidden. By forced labour, this law refers to any work or service required from an individual by threatening him/her with any penalty and for which the said individual has not freely offered himself/ herself. However, “forced labour” does not mean: a) any work or service required from an individual in a peculiar case by virtue of laws on military service and allocated to activities of a purely military character; b) any work or service required from an individual following a sentence made by a court decision, on other activities contrary to those governed by the International Convention on the abolition of forced labour, but such work or service being carried out under the public authorities’ supervision and control and the said individual not being contracted out or put at the private individual disposal of an association or a grouping of people; c) any work or service required in case of force major disaster, notably war, disasters or disaster threats such as fires, floods, famines, earthquakes, eruption and violent epizootic and in general, all circumstances endangering or risking to put in danger life or normal conditions of existence for the whole or part of the population; d) work organised by local communities, when approved by the population or their direct representatives. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (2 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW TITLE II: CONTRACT OF EMPLOYMENT CHAPTER ONE: CONCLUDING AND CARRYING OUT CONTRACTS OF EMPLOYMENT Section One: Common provisions - 5 Verify source ↗
Article 5
AI-assisted research summary: An employment contract is formed by mutual consent: the employee works under the employer’s authority and the employer pays the agreed salary. Life employment contracts are not acceptable.
Article 5: A contract of employment results from the employee’s and employer’s mutual consent, the first undertaking to put his professional activity at the service and under the authority of the employer, the second undertaking in return to pay to the employee the salary agreed upon. Concluding life contracts of employment is not acceptable. - 6 Verify source ↗
Article 6
AI-assisted research summary: Employment and other labour contracts partly or fully carried out in Rwanda are subject to this law.
Article 6: Any contract of employment concluded to be carried out in the Republic of Rwanda is subject to the provisions of this law, whatever are the location for the contract conclusion and the residence of any or both parties. The same applies to all other labour contracts when concluded under all other laws whenever they are partly to be carried out on the territory of the Republic of Rwanda. - 7 Verify source ↗
Article 7
AI-assisted research summary: Certain employment contracts must be put in writing, and all available evidence may be used to prove a contract exists.
Article 7: The existence of a contract of employment is ascertained, in such forms as are convenient to both contracting parties. All means available may be invoked in its proving. A contract of employment for a determined period exceeding ninety (90) successive working days, or for a well defined work, must be ascertained in writing before the employee starts working. In the case of protest between the employee and the employer because there is no file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (3 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW written contract, the burden of proof lies with the employer. In any case, any alien’s contract of employment must be ascertained in writing. - 8 Verify source ↗
Article 8
AI-assisted research summary: This article says a labour contract is between an employer and an employee, and it may be for a fixed term, an indefinite term, or a specific piece of work.
Article 8: A labour contract is concluded between an employer and an employee for a determinate, indeterminate period or for a well defined work. The contract is for a determined duration when its end is fixed in advance by both parties or depends on the occurring of a future and certain event, the achievement of which is not depending on the will of either or both parties. The contract for a non-determined duration is a contract the end of which has not been fixed in advance and which may end at any time by the will of either of the parties due to sound reasons. When such a termination of contract gives rise to disputes, the injured party forwards the case to the competent juridical authority. - 9 Verify source ↗
Article 9
AI-assisted research summary: A fixed-term employment contract may not exceed two years; if the parties keep performing after it ends, it becomes open-ended.
Article 9: When the contract of employment is concluded for a determined duration, it can not exceed two years. The contract of employment stipulating a longer duration is by law reduced to the maximum legal duration. When at the end of a contract parties continue their performances, the contract turns into a contract for a non-determined duration. When they conclude many successive contracts of employment for a determinate period or a well defined work, and the employee does not stop his work, such contracts are considered as contracts for a non-determined period, except when the employer proves that these contracts have been caused by the nature of work or other legally accepted reasons. - 10 Verify source ↗
Article 10
AI-assisted research summary: An alien employee may contract legally only after prior authorisation from the labour department, and the employer must apply for that authorisation.
Article 10: An alien employee can only contract legally after getting prior authorisation from the labour department. This authorisation is applied for by the employer according to a procedure to be defined by a decree from the Minister holding labour in his/her attributions. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (4 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 11 Verify source ↗
Article 11
AI-assisted research summary: A child under 16 must not be hired for labour. A child aged 14 may be hired only with special authorisation from a person with parental authority and only in line with Articles 64, 65, 66, and 67.
Article 11: It is prohibited to hire for labour a child under the age of sixteen. However, where the child has reached the age of fourteen, to respect the provisions of articles 64, 65, 66 and 67 of this law, he/she may be hired with special authorisation from anyone who has parental authority on him/her. - 12 Verify source ↗
Article 12
AI-assisted research summary: Discrimination, exclusion, or preference based on protected grounds is prohibited when it harms equality of opportunity in employment or profession or unequal treatment before tribunals.
Article 12: Every discrimination, exclusion or preference notably based on race or ethnicity, colour, sex, religion, political opinion, which would result in destroying or impairing chances’ equality as far as employment or profession is concerned or in not being considered in the same way by tribunals is prohibited. In particular, the guarantee which is provided for by the law of July 15, 1964 establishing the commercial and civil procedures code requested from an alien who complains before tribunals as far as contracts of employment are concerned is hereby prohibited. - 13 Verify source ↗
Article 13
AI-assisted research summary: The employee must devote their professional activity to the company, except for any contractual derogation, and may do other non-prejudicial activities outside working time.
Article 13: The employee owes the company the whole of his/her professional activity except derogation stipulated in the contract. However, he/she is free, besides his/her working time, to do any activity unlikely to be prejudicial to the good performance of agreed services. Is legally null and void every clause of a contract prohibiting the employee to do any activity after the contract of employment has expired. Section 2: Probation employment - 14 Verify source ↗
Article 14
AI-assisted research summary: Probation employment exists when employer and employee agree in advance to assess the employee and the job conditions before making a definitive contract.
Article 14: There is a probation employment whenever the employer and the employee, with a view to conclude a definitive contract, decide beforehand to estimate notably, the first, the quality of the employee’s services and his output; the second, the conditions of work, file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (5 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW living, pay, health and security at work as well as the social climate on the employer's side. - 15 Verify source ↗
Article 15
AI-assisted research summary: Probation employment or its renewal must be put in writing and may last no more than six months.
Article 15: Probation employment or its renewal must be stipulated in writing and can only cover a maximum period of six months. Section 3: Suspension of a contract of employment - 16 Verify source ↗
Article 16
AI-assisted research summary: If a contract is suspended, the parties do not have to work or pay salary and allowances. If there is an industrial accident, the employee is entitled to an allowance equal to monthly salary for up to 6 months, unless social security starts paying earlier.
Article 16: Suspension of a contract exempts the parties from their reciprocal obligations of working and paying the salary and allowances; however, in the case of industrial accident, the employee gets an allowance equal to his monthly salary during a period of six (6) months or until he starts being paid by the social security fund before 6 months. - 17 Verify source ↗
Article 17
AI-assisted research summary: This article lists situations in which an employment contract is suspended, and limits technical redundancy to 3 months within any 12-month period.
Article 17: Are suspensive of a contract of employment: a) the period of unavailability resulting from a work accident or a professional disease; b) the employee’s absence when authorised by the employer by virtue of collective conventions or individual agreements; c) the temporary cessation of the company’s activity owing to serious economic difficulties. A technical redundancy cannot be imposed on an employee once or several times, for longer than three months during a same period of twelve months. After this period, the employee is free to consider himself /herself as laid off; d) the absence at work due to a disease when accepted by a registered doctor. This period which is fixed at 6 months may continue being renewed until the employee is replaced; e) the employee’s detention for a period not exceeding 6 months without his/her sentence being specified. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (6 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 18 Verify source ↗
Article 18
AI-assisted research summary: Probation employment contracts may be ended without notice, unless conventional provisions say otherwise.
Article 18: Section 4: Termination of the contract of employment Probation employment contracts may be terminated without notice and without any of both parties being right to claim compensation allowances, unless stated otherwise in conventional provisions. - 19 Verify source ↗
Article 19
AI-assisted research summary: If a contract covered by article 7 ends before its term, the employer must notify the Government Labour Inspector within 15 days.
Article 19: In the case of termination before its term for a contract subject to the provisions of article 7 of this Law, the employer must inform about it the jurisdiction’s Government Labour Inspector within fifteen days. - 20 Verify source ↗
Article 20
AI-assisted research summary: A fixed-term employment contract may be ended by either party for justifiable reasons, but the party ending it must give prior notice.
Article 20: The contract of employment for a non- determined duration can always be terminated by the will of either of the parties but for justifiable reasons. This termination is subject to a prior notice given by the party taking initiative of termination. Where no collective convention is available, the notice’s duration is fixed by a decree from the Minister holding labour in his/her attributions, taking into account notably the duration of the contract and professional categories. - 21 Verify source ↗
Article 21
AI-assisted research summary: An employer may dismiss an employee on a fixed-indefinite contract only for legitimate grounds, after the employee has had a chance to defend against the allegations.
Article 21: Any dismissal of an employee bound by a contract of employment for a non-determined duration is based on legitimate grounds and after the employee has had the possibility to defend himself/herself against allegations stated against him/her. In the case of protest before the authorised administrative or legal instances, proof for the existence of such legitimate grounds is incumbent upon the employer. - 22 Verify source ↗
Article 22
AI-assisted research summary: If an employer ends a non-fixed-term employment contract during the employee’s annual leave, the notice allowance is doubled.
Article 22 : In the case of termination of contract of employment for a non-determined duration by the file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (7 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW employer during the employee’s annual leave, the notice allowance is doubled. - 23 Verify source ↗
Article 23
AI-assisted research summary: If the employer ends the contract, the notice letter must state the dismissal grounds.
Article 23: Notice must be given in writing to the interested party. The notice can not be subject to any suspensive or resolutive condition. In the case of breach of contract at the employer’s initiative, the dismissal’s grounds are mentioned in the letter of notice. - 24 Verify source ↗
Article 24
AI-assisted research summary: During the notice period, employer and employee must follow the reciprocal obligations in the employment contract; notice is not required if both parties agree.
Article 24: During the notice period, the employer and the employee must respect all the reciprocal obligations that are incumbent upon them from the contract of employment. The notice is not required in the case of mutual agreement between parties. - 25 Verify source ↗
Article 25
AI-assisted research summary: If a fixed-term contract is ended without notice or without respecting the notice period, the responsible party must pay the other party an allowance tied to the employee’s salary and benefits for the missed notice period.
Article 25: Without prejudice the provisions of article 24 of this Law, any termination of contract of a non-determined duration, 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 advantages of all kind from which would have benefited the employee during the notice period that has not been effectively respected. However, a termination of contract may take place without notice in the case of gross misconduct by one of the parties. In that case, gross misconduct is notified to the other party within forty-eight hours from its observation, by registered or remitted mail against receipt in the presence of two witnesses or by a bailiff. - 26 Verify source ↗
Article 26
AI-assisted research summary: Unfair termination of a contract may lead to damages for the dismissed employee, capped at six months’ salary including allowances and other advantages; if the employee has served for more than ten years, damages may be doubled.
Article 26: Any unfair termination of contract may result in damages. Damages paid to the unfairly dismissed employee cannot exceed his salary for 6 months including his monthly allowances and any other advantages. Where the employee has been offering his services to the employer for a period longer file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (8 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW than ten years, damages may be doubled. - 27 Verify source ↗
Article 27
AI-assisted research summary: If an employee with at least one year in the company is dismissed or has a contract terminated, the employer must provide a notice allowance, and the employee is entitled to an accompanying allowance.
Article 27: The dismissal or an employment contract termination for an employee who has completed at least one year period in the company entails the employer to a notice allowance to the dismissed. The retreated employee is lawfully entitled to have his/her accompanying allowance. The modalities to obtain the notice and accompanying allowances and their period are determined by a decree issued by the Minister having labour in his/her attributions. - 28 Verify source ↗
Article 28
AI-assisted research summary: A new employer may be jointly liable for damages to the previous employer if it is proved the employer took part in the layoff, knowingly hired a worker already bound by a contract, or kept employing the worker after learning of that contract.
Article 28: When an employee who has unfairly broken his/her contract of employment refers his/her services, the new employer is jointly liable for damages caused to the previous employer, when it is proved that: (a) he/she took part in the laying off; (b) he/she has hired an employee whom he/she already knew was bound by a contract of employment; (c) he/she has kept on employing an employee after he/she has learnt that the latter is bound to another employer by a contract of employment which has not yet come to expiry. - 29 Verify source ↗
Article 29
AI-assisted research summary: If an employer plans to dismiss more than one employee for economic reasons, they must inform and consult the staff delegates first, then send the meeting minutes and supporting documents to the labour Minister within 15 days after consultation.
Article 29: When the employer plans to dismiss more than one employee, for economic reasons, he/she must inform, before implementing his/her decision, the staff’s delegates about the causes of projected dismissals, retained criteria, as well as the date of dismissal and consult with them as regards measures that could be taken to prevent or limit the projected dismissals. The company’s employee dismissals’ order is set up taking into account the professional qualification, the seniority in the establishment and the family charges. He/she forwards for information the minutes of such a meeting together with the list of file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (9 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW the staff whose dismissal is sought, the date and the detailed proofs of the planned measure, to the Minister having labour in his/her attributions fifteen days following consultation with the staff’s delegates. - 30 Verify source ↗
Article 30
AI-assisted research summary: When an employment contract ends, the employer must immediately give the employee a certificate stating only the period and type of work performed in the establishment.
Article 30: When the employee’s contract of employment expires for any reason, his/her employer immediately gives him/her a certificate showing exclusively the period and which kind of work he/she has been carrying out in the establishment. The certificate is given to the employee along with his/her final discount. Every employer who deliberately refuses to provide his/her ancient employee the certificate must compensate it with a sum not exceeding the employee's monthly salary times six. CHAPTER II: APPRENTICESHIP CONTRACT Section one: The nature and the form for the apprenticeship contract - 31 Verify source ↗
Article 31
AI-assisted research summary: An apprenticeship contract requires the establishment head to employ and train a young employee for a fixed period, and the apprentice to work for the employer and follow instructions and assigned duties.
Article 31: An apprenticeship contract is a contract by which a head of an establishment commits himself/herself to employ a young employee and teach him/her or make him be taught, methodically, a profession for a preliminarily fixed period, during which the apprentice commits himself / herself to work at his/her employer’s service and to comply with instructions which will be given to him/her and carry out the duties that will be assigned to him/her in his /her apprenticeship. - 32 Verify source ↗
Article 32
AI-assisted research summary: Apprenticeship contracts must be written, in a language the apprentice understands, and stamped with a visa from the labour ministry; they are exempt from stamp and registration duties.
Article 32: An apprenticeship contract must be written. It is compulsorily written in a language understood by the apprentice. It must be stamped with a visa from the Ministry having labour in its attributions; the contract is exempted from all stamp and registration duties. The services from an employee holding an apprenticeship contract not submitted to that file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (10 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW formality are considered as having been performed so as to carry out a contract of employment. - 33 Verify source ↗
Article 33
AI-assisted research summary: An apprenticeship contract stamp may be refused or withdrawn if the legal conditions are not met.
Article 33: Stamping an apprenticeship contract may be refused or withdrawn whenever conditions fixed by laws are not met. - 34 Verify source ↗
Article 34
AI-assisted research summary: If an apprenticeship profession requires special physical or psychological abilities, those abilities must be clearly specified and tested appropriately.
Article 34: When the profession for which the apprentice is designed requires particular physical or psychological abilities, these must be clearly specified and be the subject for an appropriate test. - 35 Verify source ↗
Article 35
AI-assisted research summary: An apprenticeship contract must be prepared with the profession’s customs in mind and include specified personal, contract, pay, and training details.
Article 35: An apprenticeship contract is drawn taking into account the profession’s uses and customs. It particularly includes: a) names, date of birth, the employer's profession, and his/her place of residence and corporate name of the enterprise; b) the apprentice’s names, date of birth and place of residence; c) names, profession and place of residence of the apprentice's parents, or his/her guardian or person authorised by the parents or, by a judicial authority and their place of residence; d) date and duration of the contract; this being fixed according to the profession’s uses, can not exceed four years; e) conditions of pay, food and accommodation for the apprentice; f) indication of the profession that will be taught to the apprentice, eventually the indication of professional courses which the head of establishment commits himself/herself to make the apprentice attend, either within the establishment or outside. Section 2: Apprenticeship contract conditions file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (11 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 36 Verify source ↗
Article 36
AI-assisted research summary: An employer may not receive apprentices unless the employer is at least 21 years old.
Article 36: No employer can receive apprentices if he/she is not at least twenty-one years old. - 37 Verify source ↗
Article 37
AI-assisted research summary: A master who is not living in a family or community must not provide accommodation for a young apprentice in the master’s home or workshop.
Article 37: No master, if he/she is not living in a family or a community, can provide accommodation within his/her personal place of residence or his workshop, for young apprentice. - 38 Verify source ↗
Article 38
AI-assisted research summary: People sentenced for certain crimes, customs offences, or at least six months’ imprisonment may not receive an apprentice unless the labour ministry authorises it.
Article 38: Except with authorisation from the Ministry having labour in its attributions, no individual who has been sentenced, either for a crime or an offence against customs, or to a penalty of at least a six (6) months imprisonment without suspended sentence, will receive apprentice. Section 3: Master's and apprentice's obligations - 39 Verify source ↗
Article 39
AI-assisted research summary: An employer may have an apprentice only if the employer can provide suitable training, or arrange for a suitably qualified employee to provide it. The establishment must also meet the necessary conditions for progressive and complete apprentice training.
Article 39: To have and train an apprentice, the employer must himself/herself be qualified to give an appropriate training, or be in a position to make this training be given by another person who is at his/her service and has the required qualities. In addition, the establishment must meet necessary conditions to carry out, through a progressive and complete training, the apprentice’s appropriate preparation to the profession he/she is preparing himself/herself to. These conditions are to be fixed by a decree from the Minister having labour in his/her attributions. - 40 Verify source ↗
Article 40
AI-assisted research summary: The apprenticeship master must use the apprentice only within the apprentice’s strength and for work related to the apprentice’s professional duties, and must promptly inform the apprentice’s parents or representatives if there is disease, absence, or another fact needing their intervention.
Article 40: The apprenticeship master only employ the apprentice within the limit of the latter’s forces and for works and services which are related to his/her professional duties. He/she will warn promptly the apprentice’s parents or their representatives in case of file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (12 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW disease, absence or any fact likely to require their intervention. - 41 Verify source ↗
Article 41
AI-assisted research summary: The apprenticeship master must care for the apprentice, provide the best possible food and accommodation, and give time and freedom for instruction when the apprentice cannot read, write, and count.
Article 41: The apprenticeship master must treat the apprentice as a good parent and secure for him/her, where possible, the best conditions of food and accommodation. Where the apprentice cannot read, write and count, the master must grant him/her the required time and freedom for his/her instruction. That time is devolved to the apprentice following an agreement carried out between both parties. - 42 Verify source ↗
Article 42
AI-assisted research summary: The master must train the apprentice and, at the end of the apprenticeship, issue a certificate confirming the contract was carried out.
Article 42: The master must teach the apprentice, progressively and fully, a profession or other special occupation making up the subject of the apprenticeship control. He/she will issue to him/her, at the end of his/her apprenticeship, a certificate ascertaining that the contract was effectively carried out. - 43 Verify source ↗
Article 43
AI-assisted research summary: An apprentice must be obedient and respectful to the master and must help with work within the limits of his or her abilities.
Article 43: The apprentice owes his/her master, within the framework of apprenticeship, obedience and respect. He/she must help him/her through his/her work within the limit of his/her abilities and forces. To the duration of apprenticeship is to be added the number of sick or authorised absence leaves when exceeding fifteen days per year. - 44 Verify source ↗
Article 44
AI-assisted research summary: An apprentice is entitled to half the minimum wage after 6 months of apprenticeship and the full minimum wage after 12 months.
Article 44: After six (6) months of apprenticeship, the apprentice gets half of his/her minimum wage; Whereas after twelve months of apprenticeship he/she is given the total of the minimum wage. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (13 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW Section 4: Termination and Cancellation of Apprenticeship Contract - 45 Verify source ↗
Article 45
AI-assisted research summary: An apprenticeship contract generally cannot be ended before its agreed term expires, except for justifiable reasons or if both parties agree. During the first six months, either party may end it during the probation period.
Article 45: An apprenticeship contract may not terminate before the period set by the contract expires, except upon justifiable reasons or agreement from both parties. However, the first six (6) months of apprenticeship are regarded as a probation period during which contract may be terminated upon the will of either party. - 46 Verify source ↗
Article 46
AI-assisted research summary: An apprenticeship contract may be terminated or cancelled lawfully in the listed cases.
Article 46: Termination or cancellation of an apprenticeship contract intervenes lawfully within the following cases: (a) death of the master or the apprentice; (b) conviction of the master to one of the sentences provided for in article 38 of this Law; (c) employment by either of the parties as a result of patriotic commitment or due to circumstances independent to their will. (d) in case it is established that the apprentice is a minor. - 47 Verify source ↗
Article 47
AI-assisted research summary: Either party to an apprenticeship contract may cancel it if one of the listed grounds occurs.
Article 47: The apprenticeship contract may be cancelled at the instance of either party in the event of: (a) either party contravenes the terms of the contract or to provisions of this law relating to apprentices’ working conditions; (b) either party shows misconduct; (c) either party commit serious crime; (d) sale of the found or winding up of enterprise by the master; file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (14 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW (e) disclosure by the apprentice of a professional confidentiality; (f) disease leading to impossibility to carry on with apprenticeship for a period longer than 6 months. - 48 Verify source ↗
Article 48
AI-assisted research summary: A breach of an apprenticeship contract covered by this article can lead to damages capped at six times the integrated minimum wage.
Article 48: Any breach of an apprenticeship contract differing from those provided for in articles 45, 46 and 47 of this law gives right to damages not exceeding the integrated minimum wage times six. - 49 Verify source ↗
Article 49
AI-assisted research summary: Hiring someone already bound to an apprenticeship contract can trigger a compensation allowance, and a new apprenticeship contract is void if the earlier contract was not fully performed or legally cancelled.
Article 49: Hiring, as workers or employees, people bound to an apprenticeship contract is liable to a compensation allowance to benefit the master of the deserted institution. Any new apprenticeship contract signed without obligations of the previous contract being fully fulfilled or without being legally cancelled, is null and void. Section 5: Control Measures for Apprenticeship contract - 50 Verify source ↗
Article 50
AI-assisted research summary: The master must open an apprenticeship file for each apprentice, keep it updated, show it to the Government labour Inspector on request, and give the original to the apprentice when the contract ends.
Article 50: An apprenticeship file is opened by the master for each apprentice. It mentions the apprentice’s progress in the course of training, it must be updated and presented to the Government labour Inspector upon request. It also mentions the date on which the contract was signed and the date of its termination. When the contract period expires, it is compulsory to hand over to the apprentice the original of the above file. - 51 Verify source ↗
Article 51
AI-assisted research summary: The Government Labour Inspector controls apprenticeship contract implementation and may choose a technician to help with that task.
Article 51: The Government Labour Inspector is responsible for controlling the apprenticeship contract implementation. She/he may choose a technician to assist him/her in controlling file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (15 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW training given to the apprentice. The Government Inspector within whose competence falls the apprenticeship contract should be informed of its cessation. - 52 Verify source ↗
Article 52
AI-assisted research summary: An apprentice whose apprenticeship has ended must take an exam before a jury, and the Minister responsible for Labour appoints the jury members and approves the certificates.
Article 52: An apprentice whose apprenticeship period has expired takes an exam before a jury whose members are appointed by decree of the Minister having Labour in his/her attributions. A professional training certificate is awarded to the apprentice who has passed the exams. Qualifications required for professional exams are determined uniformly for the same profession by a ministerial decree. Certificates awarded subsequently to those exams are approved by the Minister having Labour in his/her attributions. Title III: working conditions CHAPTER ONE: THE PARTIES’ OBLIGATIONS - 53 Verify source ↗
Article 53
AI-assisted research summary: The employer must provide the agreed work, ensure proper contract implementation, supervise the employee safely and respectfully, pay agreed wages on time, and avoid harmful conduct.
Article 53: The employer has notably the following obligations: a) to give to the employee the agreed work and this, under those conditions, at the time and place as agreed; b) to ensure the responsibility of implementing the work contract signed by any other person acting on his/her behalf; c) to supervise the employee and see if that the work is done in suitable conditions, as far as security as well as health and dignity of the employee are concerned; d) to pay the employee the agreed remuneration regularly and in due time; e) to avoid whatever may hamper the company’s functioning, its employees and the environment. - 54 Verify source ↗
Article 54
AI-assisted research summary: Employees must personally do their work as agreed, follow orders, avoid harmful conduct, follow workplace rules, and return tools and leftover raw materials in good order.
Article 54: The employee has notably the following obligations: file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (16 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW a) to personally carry out his/her work or service in the time, place and conditions as agreed upon; b) to respect the employer’s or his/her deputies’ orders when given so as to have the work done; c) to abstain from all that might threaten his/her security or that of his/her companions or third party, or prejudice his/her and other employees’ dignity; d) to respect rules prescribed by the establishment, its branch or the place where he/she is to do his/her work; e) to give back in good order to the employer, tools and remaining raw materials that have been given him/her. CHAPTER II: EMPLOYMENT’S DURATION - 55 Verify source ↗
Article 55
AI-assisted research summary: Companies must not let legal working time exceed 40 hours per week; extra hours count as overtime.
Article 55: In all companies, the legal employment’s duration can not exceed 40 hours per week. All hours worked beyond that length of time are to be considered as overtime and are increased by such rates as fixed by a decree of the Minister having Labour in his/her attributions. - 56 Verify source ↗
Article 56
AI-assisted research summary: The Labour Minister may issue decrees setting weekly overtime limits, equivalencies, and authorised exceptions for each activity branch and professional category if needed.
Article 56: Through decrees the Minister having the Labour in his/her attributions determine for each branch of activity and each professional category if need be: a) the total number of overtime hours that may be effected within a week, and their authorised equivalencies; b) exceptions to the due time that may be authorised: (i) permanently : for essentially intermittent tasks, in some exceptional cases that public interest imposes; for tasks that, for technical reasons, must necessarily be done beyond the limits assigned to work in general; (ii) Temporarily: in case of an accident that has occurred or that is imminent, urgent tasks to be done on machines and on other tools; in cases of circumstances outside one’s control; in order to absorb a workload increase due file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (17 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW to time lost following motive power’s shortage, to bad weather, to materials’ and means of transportation’s shortages or to disasters in case of an event that threatens the country’s security; (iii) periodically: for the drawing up of annual inventories and balance sheets or for specified activities with a seasonal character. - 57 Verify source ↗
Article 57
AI-assisted research summary: Each company fixes its daily work and rest timetable, and overtime hours under Article 55 must be entered in a register whose model is set by the Labour Minister’s decree.
Article 57: The timetable for daily work and rest is fixed in each company. Overtime hours worked in virtue of Article 55 of this law must be written in a register the model of which is determined by a Decree of the Minister having Labour in his/her attributions. - 58 Verify source ↗
Article 58
AI-assisted research summary: Employees are entitled to a weekly rest period of at least 24 consecutive hours.
Article 58: The weekly rest is necessary for all employees as provided for in Article 2 of this law. It is at least of twenty four (24) consecutive hours per week. It takes place on Sundays in principle. It must be, whenever possible, granted at the same time to all the staff in every company. - 59 Verify source ↗
Article 59
AI-assisted research summary: Every employer is requested to post collective rest days and hours at the workplace, and in some cases also the names of employees assigned to a rest regime and the details of that regime.
Article 59: Every employer is requested to publish by means of displays visibly exposed in the company’s premises, in places reserved for that purpose, collective rest days and hours and if the weekly rest is not collectively authorised for the whole staff, the names of the employees assigned to a particular rest regime and the indication of that regime. CHAPTER III: NIGHT WORK - 60 Verify source ↗
Article 60
AI-assisted research summary: Work is treated as night work from 7:00 p.m. to 5:00 a.m.
Article 60: Hours during which work is considered as night work are comprised between seven o’clock in the evening and five o’clock in the morning. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (18 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 61 Verify source ↗
Article 61
AI-assisted research summary: Night work for children under 16 is forbidden.
Article 61: It is forbidden to employ on night work children under 16 years of age. - 62 Verify source ↗
Article 62
AI-assisted research summary: The Labour Minister may issue a decree setting the conditions and job categories where pregnant women or women with breastfeeding babies cannot work at night.
Article 62: A decree of the Minister having Labour in his/her attributions determines the conditions and employment categories in which pregnant women or women with breastfeeding babies cannot be employed during the night. CHAPTER IV: CHILD’S EMPLOYMENT - 63 Verify source ↗
Article 63
AI-assisted research summary: A child under 16 must have at least 12 consecutive hours of rest between two working periods.
Article 63: Rest between two working periods for a child under 16 years of age has a minimal twelve consecutive hours’ duration. - 64 Verify source ↗
Article 64
AI-assisted research summary: The Labour Minister may set by decree which tasks and which companies are not allowed to employ a child.
Article 64: A decree of the Minister having Labour in his/her attributions determines the nature of the tasks and the categories of companies that are not allowed to employ a child. - 65 Verify source ↗
Article 65
AI-assisted research summary: Children under 16 may not contract for employment, including apprenticeship, and may not be employed for night or hazardous work, unless a labour minister exception applies.
Article 65: Less than sixteen years old child is not allowed to contract for employment in any company, even for apprenticeship, except by exception enacted by the Minister having Labour in his/her attributions after taking into account particular circumstances. These exceptions may be granted only to children aged between fourteen and sixteen years for light tasks as long as these are not likely to prejudice their health, studies and their participation to orientation and additional training programmes. Less than sixteen years old children can not be employed for night, tasks that are unhealthy, hard, noxious or dangerous for their health and training. The list of these tasks is established by an order of the Minister having Labour in his/her attributions. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (19 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 66 Verify source ↗
Article 66
AI-assisted research summary: The Labour Inspector may ask for a child to be examined by a registered doctor to check whether the work is too strenuous or harmful to health.
Article 66: The Labour Inspector may request that children be examined by a registered doctor, in order to verify if the task they are responsible for does not require excessive force and is not harmful to their health. Such a request becomes mandatory when made by those concerned. Such an underage child can not be kept on a job recognised as beyond its physical capacities or harmful to its health but be offered a suitable task. When it is not possible, the employment contract is terminated and a notice allowance is paid to him/her. Less than sixteen years old child is recruited for activities determined by a Decree of the Minister having Labour in his/her attributions, only when he/she is recognised by a registered doctor as well suited for the task he/she will carry out. CHAPTER V: PREGNANT AND BREASTFEEDING WOMAN’S EMPLOYMENT - 67 Verify source ↗
Article 67
AI-assisted research summary: The labour minister may set working conditions for pregnant women and breastfeeding mothers and identify tasks they are not allowed to do.
Article 67: A Decree of the Minister having labour in his/her attributions determines working conditions for a pregnant woman or a woman having a breastfeeding baby and particularly specify the nature of tasks that are forbidden to them. A pregnant woman or a woman with a breastfeeding baby cannot be forced to continue to carry out tasks requiring excessive force or that are dangerous or inconvenient for their condition and health. - 68 Verify source ↗
Article 68
AI-assisted research summary: A salaried woman may suspend work for delivery for 12 consecutive weeks, with 2 weeks before the expected delivery date and 6 weeks after delivery, and the employer must not give termination notice during the delivery leave.
Article 68: For delivery purposes, a salaried woman, has the right to suspend her work during twelve consecutive weeks, of which two are obligatory before the presumed date of delivery and six weeks obligatory after delivery. The employer should not give to a salaried woman a notice of termination, which is included in her delivery leave. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (20 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW A salaried woman is entitled, during suspension of her contract, at the employer’s expense, until the setting up of a social security regime, to two thirds of her usual salary. She continues to benefit from all allowances in kind and from all other advantages related to her contract of employment. - 69 Verify source ↗
Article 69
AI-assisted research summary: Every salaried woman may take two half-hour rest periods per day for breastfeeding during the 15 months after her child is born.
Article 69: During a fifteen month period starting from the birth of her child, every salaried woman is entitled to two rest periods of half an hour per day, to allow her to breastfeed. - 70 Verify source ↗
Article 70
AI-assisted research summary: An employer may not terminate a woman’s contract before six months have expired if her absence from work is linked to pregnancy or delivery and a doctor certifies that she cannot resume work.
Article 70: In case a woman is absent from work following provisions of Article 68, and stays away for a longer period following an illness certified by a doctor as resulting from pregnancy or delivery and which causes her to be unable to resume work, her employer can not terminate their contract before the expiry of a six month period. CHAPTER VI: LEAVES AND HOLIDAYS Section 1: Paid leave and holidays - 71 Verify source ↗
of this law is granted in lieu of leave.
AI-assisted research summary: Workers are entitled to paid leave, normally at the employer’s expense, with leave calculated by service and adjusted for specific exceptions.
Article 71: Except for more favourable provisions from collective conventions between employer and employee or individual employment contract, every worker is entitled to a paid leave at the employer’s expenses, on the basis of one and a half working days per month of effective continued service. Official holidays are not considered as part of the annual paid leave. When the number of leave days is not a whole number, the duration of the leave is rounded up to the immediately superior whole number. In positions where work is not regularly distributed all over the year, the service continuity condition is considered as satisfied whenever the employee has effected on average twenty one days’ work per month. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (21 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW The duration so fixed is to be increased according to the length of service in the company, on the basis of one working day per three years of service. Less than sixteen years’ old employee is entitled to a two working days’ leave per month of continued work. Absences enumerated in points a), b) and c) of Article 17 of this law are not to be deducted in the computation of accrued leave’s duration. Article 71 of this law is granted in lieu of leave. - 72 Verify source ↗
Article 72
AI-assisted research summary: An employee who has completed one year of effective service is entitled to annual leave.
Article 72: Any employee who has completed a one year effective service duration, has the right to an annual leave. In case of contract breach or expire before the employee has been entitled to his/her leave, a compensation indemnity to be calculated on the basis of rights due by virtue of - 73 Verify source ↗
Article 73
AI-assisted research summary: Paid annual leave may be broken down only if both parties agree to meet.
Article 73: The paid annual leave’s breakdown is authorized only when both parties so convene. - 74 Verify source ↗
Article 74
AI-assisted research summary: An employer must not stop an employee from going to the place of their choice to spend leave there.
Article 74: The employer can not prevent the employee from going to the place of his/her choice to enjoy his/her leave there. - 75 Verify source ↗
Article 75
AI-assisted research summary: An employer must not delay or bring forward a leave period by more than three months. The leave period may be postponed if the employee and employer agree.
Article 75: The leave period can not be delayed or anticipated, by the employer for more than a three month period. When employee and employer so convene, the leave period may be postponed. - 76 Verify source ↗
Article 76
AI-assisted research summary: The employer must pay the employee an leave allocation before leave starts.
Article 76: file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (22 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW The employer must pay the employee, during his/her leave period, an allocation equal to the average of salaries, bonuses, advantages of any kind received by the employee for the last twelve months before his going on leave, excluding allowances for expenses’ reimbursement; and that salary can not in any case be inferior to the employee’s activity salary. This allocation is to be paid to the employee before his/her departure for leave. - 77 Verify source ↗
Article 77
AI-assisted research summary: Official holidays are set by presidential decree, and employees receive their full salary for official holidays.
Article 77: Official holidays are fixed by presidential decree. For all official holidays the employees benefit from their entire salary. - 78 Verify source ↗
Article 78
AI-assisted research summary: Absences caused by a legal obligation or by a leave authorised by the Minister responsible for Labour must be paid.
Article 78: Absences caused by an obligation imposed by law or as authorised by the Minister having Labour in his/her attributions are to be paid for. Section 2: Incidental leaves - 79 Verify source ↗
Article 79
AI-assisted research summary: The labour minister may issue a decree setting the events that qualify for incidental special leave.
Article 79: A Decree issued by the Minister having Labour in his/her attributions determines those events that entitle to granting incidental special leaves. Granting incidental leaves is to coincide with the events that motivate them. Incidental leave cannot be divided up and can not be deducted neither from the paid annual leave. Special leaves are deducted from annual leave days when they have not been compensated for or when the employee has not worked in payment for his/her leave days. - 80 Verify source ↗
Article 80
AI-assisted research summary: If incidental leave starts at the same time as another legal leave, the incidental leave suspends the other leave until the incidental leave period ends.
Article 80: file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (23 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW In case an incidental leave becomes effective at the same time as another legal leave, the incidental leave suspends the legal one, which continues immediately after the last day of the incidental leave’s period. Section 3: Leaves for professional training and up-grading - 81 Verify source ↗
Article 81
AI-assisted research summary: An authorized employee taking a professional training or upgrading course is entitled to full salary and allowances during the course.
Article 81: Any employee who is authorized by his/her employer to take part into a professional training or upgrading course is rightly entitled to his/her full salary and allowances for the course of training. A Decree by the Minister having labour in his/her attributions determines the time limit for paid professional training. TITLE IV: SALARY CHAPTER ON: FIXING THE SALARY - 82 Verify source ↗
Article 82
AI-assisted research summary: Salary is defined as payment for work done. If the parties have not agreed otherwise, salary is not paid for absence from work, except where this law or its implementation decrees and orders provide otherwise.
Article 82: Salary is the price for the work done. Unless agreed upon between the parties concerned, no salary is to be paid in the event of absence at work, outside such cases as provided for by this law and its implementation decrees and orders. - 83 Verify source ↗
Article 83
AI-assisted research summary: The Minister responsible for Labour may determine the interprofessional minimum wage by decree, after consulting employee and employer associations.
Article 83: The interprofessional minimum wage is determined by a Decree issued by the Minister having Labour in his/her attributions after consultation with the employees and employers associations. - 84 Verify source ↗
Article 84
AI-assisted research summary: Employees regulated by this law must be paid equally regardless of origin, sex, or age, for equal working conditions, professional qualification, and cost effectiveness.
Article 84: For equal working conditions, professional qualification and cost effectiveness, the salary is equal for all employees regulated by this law whatever be their origin, sex or age. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (24 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 85 Verify source ↗
Article 85
AI-assisted research summary: An employee who is temporarily and occasionally required to travel outside the usual workplace is entitled to transport, per diem, and accommodation fees.
Article 85: When an employee is, by professional obligation, compelled to make an occasional and temporary travel outside his/her usual workplace, he/she shall have right to payment of transport, per diem and accommodation fees. The amount of those fees is determined by a decree of the Minister having labour in his/her attributions after consulting the employees and employers' associations. - 86 Verify source ↗
Article 86
AI-assisted research summary: Employers must display salary minimum rates and payment conditions for task or piece work at their offices and where employees are paid.
Article 86: Salary minimum rates as well as payment conditions for task or piece work, must be displayed in the employers’ offices and at the premises where employees get paid. - 87 Verify source ↗
Article 87
AI-assisted research summary: When pay includes commissions, allowances, or similar benefits, the monthly average of those items is used to calculate paid leave pay, notice allowance, and damages.
Article 87: Where service remuneration is made in whole or part of commissions, allowances or various benefits or representative allowances of these benefits, as longer as the latter are not refundable fees, the monthly average of these factors are taken into account in calculating payment for the period of paid leave, notice allowance and damages. However, this computation is done over a period of twelve months preceding cancellation of the employment contract. CHAPTER II: SALARY PAYMENT Section one: Salary payment modality - 88 Verify source ↗
Article 88
AI-assisted research summary: Salary is paid daily for one-hour or one-day workers, weekly or fortnightly if both parties agree, and monthly for one-month workers.
Article 88: Salary is paid in all instances as follows: a) Every day for any worker recruited on a one-hour or one-day basis for short time employment; b) Every week or every fortnight when the two parties have so convened; and c) Every month for workers recruited on a one-month basis. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (25 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 89 Verify source ↗
Article 89
AI-assisted research summary: Salary must be paid directly to the worker unless the worker accepts another procedure.
Article 89: Salary is directly paid to the worker, except when the latter accepts another procedure. An underage worker validly acknowledges receipt from his/her employer except in the case of explicit and justified opposition by the family representative. The worker who is absent on pay day may be paid his/her salary during normal working hours at any working day thereafter. - 90 Verify source ↗
Article 90
AI-assisted research summary: Salary is generally paid at the workplace, unless another procedure is agreed; it must not be paid in a store or leisure place except for workers who normally work there, or on the worker’s rest day.
Article 90: Except where other procedures are agreed upon, salary payment is done at the workplace. In no case will it take place in a store or in a leisure place, except for workers who normally work there; or on the day where the worker is entitled to his/her rest. - 91 Verify source ↗
Article 91
AI-assisted research summary: This article sets payment timing for piece-work, commissions, and profit share.
Article 91: For work per unit or piece-work, payment dates are determined on mutual agreement. However the integral payment takes place during the week following the delivery of the piece of work. Commissions made on commercial output per term are paid within three (3) months following the term. Profit share must be paid within a period of the first six (6) months of the year following that term period. - 92 Verify source ↗
Article 92
AI-assisted research summary: The employer must not restrict a worker’s freedom to use their salary as they wish.
Article 92: The employer can in no case restrict in any possible way the worker’s freedom to use his/her salary as he/she likes. Particularly, where the enterprise possesses staff discount stores where goods are sold to workers or stations where services are provided to them. No constraint, of any kind, exercised on workers so as to make them use these stores or file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (26 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW stations, is hereby forbidden. - 93 Verify source ↗
Article 93
AI-assisted research summary: Salary must be paid only in legal-tender currency.
Article 93: Salary is exclusively paid in the currency having legal tender. - 94 Verify source ↗
Article 94
AI-assisted research summary: Paying all or part of a salary in kind is forbidden.
Article 94: Payment of the whole or part of the salary in kind is hereby forbidden. The traditional mutual assistance practices such as "Ubudehe", "Ubwubatsi" and "Gushaka amarariro" are not concerned with this law. - 95 Verify source ↗
Article 95
AI-assisted research summary: When a work contract ends, salary and related allowances must be paid as soon as the work ends.
Article 95: When the work contract expires, the salary and all related allowances have to be paid as soon as the work ends. - 96 Verify source ↗
Article 96
AI-assisted research summary: The employer must document salary payment, keep the documents at the company headquarters, and show them immediately to a Labour Inspector on request.
Article 96: Payment of the salary must be proved by a document established by the employer and signed by every employee concerned or where the latter is illiterate, bearing his/her fingerprint or signed for by two witnesses. These documents are to be kept by the employer at the company’s headquarters and be immediately presented at every Labour Inspector’s request. A decree by the Minister having labour in his/her attributions determines the model for such a document. All writings by an employee, such as " I have been given all my due salary and allowances" or any other equivalent mention do not impede him/her from having recourse to justice for unpaid salary or allowances he/she is entitled to following his/her employment contract while he/she was in service or after service. - 97 Verify source ↗
Article 97
AI-assisted research summary: If an employee disputes salary payment and the employer cannot produce the required signed document or duplicate payslip, the employer must pay the employee.
Article 97: file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (27 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW In case of an employee contests payment of the salary, and when the employer is not in a position to show the document mentioned in Article 96, duly signed, or the duplicate of the pay slip, the employer must pay the employee. Section 2: On the guarantee of salary payment - 98 Verify source ↗
Article 98
AI-assisted research summary: An employer must pay employee salary before paying other debts owed to other persons.
Article 98: Employee's salary has a special supremacy character over other debt to be paid. Employee’s salary are to be paid before any other debt that employer may owe other persons. - 99 Verify source ↗
of this law and within fifteen days following the ruling approving the bankruptcy
AI-assisted research summary: If a company is bankrupt or being liquidated, workers’ unpaid wages get priority over other debts, and must be paid when funds are available.
Article 99: In case of bankruptcy or legal liquidation of the company, any worker employed in that company has right to payment before any other debt settlement even when such debt is owed to Government. He/she is paid the salary owed for services supplied before bankruptcy or legal liquidation. He/she enjoys such right on movable and immovable properties. Article 99 of this law and within fifteen days following the ruling approving the bankruptcy or liquidation of the establishment. The employee’s due salary must be paid as soon as funds are available even in the event of other privileged debt. Where salary is paid through an advance made by the curator of a bankrupt employer or by any other person, the lender has the same right as the rights of the workers and is to be reimbursed as soon as the required funds are available with no other creditor being allowed to make opposition. - 100 Verify source ↗
Article 100
AI-assisted research summary: An employer must pay an employee the full salary the employee is entitled to, according to the referenced rules.
Article 100: An employer must pay his employee the whole salary he is entitled to in accordance with - 101 Verify source ↗
Article 101
AI-assisted research summary: For applying this Law, salary is calculated using the basic salary and wages plus related accessories, and possibly allowances for notice of dismissal or leave.
Article 101: file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (28 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW In order to establish the amount of salary with a view to applying provisions of this Law, not only the basic salary and wages but also all the accessories of the said salary and wages are considered and eventually, the allowances for notice of dismissal or of leave. Section 3: On Prescription in a salary payment suit - 102 Verify source ↗
Article 102
AI-assisted research summary: A salary payment suit prescription expires after five years and starts running from the date the salary is due.
Article 102: Prescription in a salary payment suit expires after five years. Prescription is effective as from the date at which the salary is due. It is suspended in case of account closing off, when both parties agree upon the salary being a debt, where the employee’s case is still waiting for trial or where the Labour Inspectorate has not yet settled the dispute. CHAPTER III: ON SALARY DEDUCTIONS - 103 Verify source ↗
Article 103
AI-assisted research summary: An employer may not seize salary or impose fines. If suspension is used, it must meet listed conditions and the worker keeps pay for time already worked.
Article 103: No salary can be seized by the employer. The employer is forbidden to inflict fines. The only penalty based on the employer’s disciplinary power that might cause deprivation of salary is suspension, but the worker receives his/her salary for the time he had worked. Suspension is applicable only under the following conditions: a) to be of a maximal eight days’ duration and be fixed at the very time of its being pronounced; b) to be notified to the worker in writing with indication of the motives for which it was inflicted; c) a suspension notification copy is to be sent to the Labour Inspectorate of that area within a maximal forty-eight hours’ time following that suspension. - 104 Verify source ↗
Article 104
AI-assisted research summary: Salary deductions are generally not allowed unless they fall within stated exceptions or are made through a written attachment or voluntary transfer before the specified authority.
Article 104: file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (29 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW Except in cases of regulatory and compulsory deductions and of deposits stipulated where necessary by collective conventions or by contracts, no salary deductions are to be made unless by attachment or voluntary transfer made in writing before the chairperson of the competent court or Labour Inspector of the area, or in their absence, before the area administration authority. - 105 Verify source ↗
Article 105
AI-assisted research summary: The Minister responsible for Labour sets, by decree, the part of an employee’s salary that can be transferred; advance refunds agreed with the employer are reimbursed only within that limit.
Article 105: Advance refund as agreed upon with the employer are reimbursed within the limits of the portion of the salary that is transferable by the employee. That portion is determined in a decree issued by the Minister having Labour in his/her attributions. - 106 Verify source ↗
Article 106
AI-assisted research summary: When computing deductions, include basic salary and salary accessories, except allowances made non-attachable by regulations in force.
Article 106: For the computation of deductions, not only the basic salary is to be considered but also all the salary’s accessories, save allowances declared as non attachable by regulations in force, including amounts paid to the employee’s expenses made at work. - 107 Verify source ↗
Article 107
AI-assisted research summary: A worker can claim salary amounts deducted unlawfully, plus interest at the legal rate set by the Central Bank.
Article 107: The amounts deducted from the salary of a worker contrary to the provisions of preceding articles of this law bear interest for his/her benefit at the legal rate as determined by the Central Bank from the date at which he/she should has been paid, and may be claimed by him/her full prescription of salary; which prescription runs as from contract cancellation. CHAPTER IV: ON STAFF DISCOUNT STORES - 108 Verify source ↗
Article 108
AI-assisted research summary: A staff discount store is an organisation where an employer sells goods or services directly or indirectly to workers in the enterprise for their own needs.
Article 108: A staff discount store is an organisation whereby an employer either directly or indirectly sells goods or supplies services to people working in his/her enterprise for their needs. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (30 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 109 Verify source ↗
Article 109
AI-assisted research summary: Before opening, a staff discount store must be declared to the area labour inspectorate and must meet approval conditions.
Article 109: Before its opening, a staff discount store has in the first instance to be declared to the area labour inspectorate. Conditions for a staff discount store to be approved are the following: a) the workers are not obliged to do their shopping there; b) the prices of goods sold there are to be readably displayed and communicated to the labour inspector; c) no alcoholic drink or spirit is to be sold there during office hours. Any other trade set up within the company premises is to be regulated by provisions of this Article. - 110 Verify source ↗
Article 110
AI-assisted research summary: The Labour Inspector must check staff discount stores, and may order closure for up to one month in cases of obvious abuse. The Labour Minister may also order temporary or definite closure after the inspector’s report and after hearing staff delegates and the employer.
Article 110: The functioning of a staff discount store is to be checked by the Labour Inspector who, in case of obvious abuse, may order its closure for a one-month maximal duration. The Minister having Labour in his/her attributions can order the temporary or definite closure of a staff discount store, following the Labour Inspector’s report after hearing staff’s delegates and the employer. TITLE V: COLLECTIVE CONVENTIONS, COLLECTIVE AGREEMENTS AND INTERNAL RULES CHAPTER ONE: COLLECTIVE CONVENTION Section one: Nature of a collective convention - 111 Verify source ↗
Article 111
AI-assisted research summary: This article defines a labour collective convention as a written agreement on employment and working conditions between employers (or employers’ organisations) and employees’ representative trade unions, or employee representatives where no such unions exist.
Article 111: A labour collective convention is a written agreement relating to employment and working conditions concluded between, on one hand, an employer or a group of employers or one or several employers’ professional organisations, and on the other hand, by one or file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (31 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW several employees’ representative trade-unions, or in absence of such organisations, representatives of employees concerned and duly elected by the latter within conditions set for the election of workers’ delegates. - 112 Verify source ↗
Article 112
AI-assisted research summary: The agreement is negotiated in a joint commission requested by a concerned employers’ or employees’ organisation, with equal employer and employee representation and ministry labour representatives attending in a consultative role.
Article 112: This agreement is negotiated within a joint commission and at the request of one of the concerned employers’ or employees’ organisations. This commission is made up of an equal number of employers’ and employees’ organisations’ representatives. Representatives of the Ministry having labour in its attributions take part in the proceedings in a consultative capacity. Operating rules for such a commission is determined by internal rules and regulations to be worked out and adopted by the two parties. - 113 Verify source ↗
Article 113
AI-assisted research summary: A collective convention may set employee-favourable terms, but it cannot override public-order rules. Employment contracts cannot use terms that are contrary to or less favourable than the collective convention, and any such terms are automatically replaced.
Article 113: A collective convention may include provisions that are more favourable for employee than those of laws and regulations in force. However, it may not infringe on the provisions of a public nature. Employer and employee bound by a collective agreement can not agree, by way of contracts of employment upon contrary or less favourable provisions than those of the collective convention. Should such provisions be included in some contracts of employment, even concluded before the agreement came into effect, they must automatically be replaced by corresponding provisions of the collective convention. Contractual provisions that are more favourable for the employee remain granted. - 114 Verify source ↗
Article 114
AI-assisted research summary: Representatives may contract for their organisation only if they follow the organisation’s rules, a special decision, or written authority from two thirds of members; a collective agreement is valid only after ratification by an extraordinary meeting.
Article 114: Representatives of trade unions or professional organisations or any other professional grouping referred to under Articles 142 and 143 of this Law shall contract on behalf of the organisation they represent in accordance with either statutory provisions of that organisation or a special decision of that organisation or with special and written mandates given by two thirds (2/3) of that organisation's members. To be valid, the collective agreement must be ratified by an extraordinary meeting of the file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (32 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW organisation convened to this effect. Any professional organisation or any employer that is not signatory of this convention may later on sign it according to the procedure defined by the collective convention itself. When employees from departments of public firms and institutions are not subject to a legislative or special regulatory statute, a collective convention may be concluded in accordance with the provisions of this law. - 115 Verify source ↗
Article 115
AI-assisted research summary: Collective conventions must be for a fixed period of no more than five years and should include renewal/review rules, advance notice details, and a procedure for handling implementation disputes.
Article 115: A collective convention determine its sphere of activity and the period during which it is to be applied. It may affect various professions of comparable conditions. A collective convention is concluded only for a fixed period. This period does not exceed five years. Provisions of the convention should necessarily provide for modalities of its renewal or review and notably the duration and forms of an advance notice before the convention expires. Collective conventions should allow for an appropriate procedure to settle disagreements arising from their implementation. - 116 Verify source ↗
Article 116
AI-assisted research summary: Collective conventions should be written in Rwanda’s official languages, and they are then filed, registered, and published under conditions set by the Labour Minister by Decree.
Article 116: Collective conventions should be written in the official languages of the Republic of Rwanda so as to avoid nullity. Collective conventions, as well as their subsequent modifications, are filed, registered and published within conditions determined by a Decree of the Minister having Labour in his/her attributions. - 117 Verify source ↗
Article 117
AI-assisted research summary: People who signed the collective convention or joined its member organisations, including later joiners, are subject to that convention’s duties and obligations.
Article 117: All those who have personally signed the collective convention or who joined its member organisations, as well as all those who, at any time, join these organisations, are subject to the duties and obligations of that collective convention. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (33 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 118 Verify source ↗
Article 118
AI-assisted research summary: The labour Minister may extend all or part of a collective convention to all employers and employees in the convention’s professional and territorial area.
Article 118: Section 2: Extension of collective conventions Upon request by one of the concerned employees’ or employers’ professional organisations, taken as the most representative, or upon his/her own initiative, the Minister having labour in his/her attributions may bind by all or some of the provisions of a collective convention, all employers and employees included in the convention’s professional and territorial area of concern. - 119 Verify source ↗
Article 119
AI-assisted research summary: The Minister with labour responsibilities determines whether a professional organisation is representative for five years, considering independence, membership/contributions, and election votes.
Article 119: The representative nature of a professional organisation is determined, for a five year period, by the Minister having labour in his/her attributions, after taking into account the following elements for consideration: a) independence of the organisation: No representatives of the workers’ organisation when created, dominated or financed by an employer or his/her representative should ever be recognised. In any case, the professional organisation has to be apolitical. b) the number of the members of the professional organisation to be assessed according to the regularity of their contributions: Any organisation seeking recognition of its representativeness allows the Administration to get informed about its lists of members and accounting books. c) votes from the elections of representatives of workers or employers. - 120 Verify source ↗
Article 120
AI-assisted research summary: A collective agreement may be extended only if it meets specified representativeness and content conditions.
Article 120: Extension of a collective agreement is subject to the following conditions: a) the collective convention must already be directed to a sufficient number of employees or employers who are the most representative of the professional category concerned; b) the collective convention must necessarily include provisions concerning the following: i) free exercise of the trade union’s right and the employee’s freedom of opinion; file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (34 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW ii) definition of professional categories; iii) salary that applies per professional category, implementation modalities, and overtime payment rates, duration of both the probation period and advance notice; iv) workers’ delegates; v) paid leaves, seniority allowances, transport allowances; vi) conditions of review, modify cancelling of the whole or part of the convention. c) The collective convention may also contain: i) amount and modes of fixing assiduity allowances, allowances for professional and other comparable fees, basket allowances, increments for hard, dangerous or unhealthy works; ii) conditions of hiring and dismissing the employee; iii) where necessary, organising and operating professional training apprenticeship within the framework of a given activity branch; iv) conditions of part time employment and payment for certain categories of workers; v) organising, managing and financing social and medico-social services; vi) setting certain special working conditions, working in shifts, working on week ends rest and on public holidays; vii) contractual arbitration procedures according to which the Labour collective disputes likely to arise between employees and employers bound to the convention must be settled. - 121 Verify source ↗
Article 121
AI-assisted research summary: A compulsory collective convention must apply to covered employees and employers, and may also extend to certain public departments, firms, and institutions within its implementation field. The labour minister may end that extension, or part of it, by order.
Article 121: Once made compulsory, the collective convention must apply to any employee and employer comprised within its implementation field in accordance with the period and procedure provided for in the contract. In particular, it also applies to every employee and in public departments, firms and institutions which, on the grounds of their nature or activity, fall within its implementation field. However, the Minister having labour in his/her attributions may, at the instance of the parties concerned or at his/her own initiative, issue an order so as to put an end to the extension of the collective convention, or to some of its provisions. - 122 Verify source ↗
Article 122
AI-assisted research summary: The labour minister may set working conditions for a specified profession when there is no collective convention, or while one is being established.
Article 122: file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (35 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW A Decree of the Minister having labour in his/her attributions may, for lack of or while waiting for a collective convention to be established, regulate working conditions for a specified profession. CHAPTER II: INSTITUTIONS’ COLLECTIVE AGREEMENTS - 123 Verify source ↗
Article 123
AI-assisted research summary: Employers may conclude institution agreements with representative worker unions or, if none, worker delegates.
Article 123: Agreements concerning one or several institutions may be concluded between one or several employers on the one hand and, representatives of the workers’ most representative trade-unions on the other hand, or, failing these, representatives of workers’ delegates. The aim of such institutions’ agreements is to adapt provisions of collective conventions to the special conditions of the institution(s). They may allow for new provisions and more favourable clauses for employees. In absence of a collective convention, institutions’ agreements may only relate to fixing salaries and salary accessories. Institutions’ agreements are subject to the same procedures as those included in the provisions of collective conventions. - 124 Verify source ↗
Article 124
AI-assisted research summary: The Labour Minister may set by decree the conditions for collective agreements involving one or more specific institutions.
Article 124: A Decree of the Minister having Labour in his/her attributions determines conditions under which collective agreements concerning one or several specific Institutions may be concluded in order to adapt their specific conditions to the collective conventions. CHAPTER III: IMPLEMENTATION OF A COLLECTIVE CONVENTION AND INSTITUTIONS’ COLLECTIVE AGREEMENTS file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (36 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 125 Verify source ↗
Article 125
AI-assisted research summary: Bound professional organisations or individuals must not do anything that could harm the fair implementation of the collective convention or agreement, and they may sue for damages in their own name.
Article 125: Professional organisations or individuals bound by a collective convention or an institution’s collective agreement are required not to do anything likely to endanger its fair implementation. They may, in their own name, start proceedings for damages against any organisation or any person bound to the convention or the agreement which might infringe, on the side of those professional organisations, their contractual obligations. - 126 Verify source ↗
Article 126
AI-assisted research summary: Certain trade unions and professional organisations may bring claims under a collective convention or agreement for their members without proving member authorisation, if the members are informed and do not object.
Article 126: Trade-unions or any other professional organisations that are able to petition the Court and bound to a collective convention or an institution’s agreement, may exercise all actions arising from that convention or agreement in favour of their members without having to prove that they are authorised by the concerned member(s) provided the latter is (are) informed and has (have) not declared any intention or will to oppose this. When an action initiated from a collective convention or agreement is taken either by a person, or by a professional organisation, every grouping enabled by Law to petition the Court, and whose members are bound by the convention or agreement, may still join in the legal proceedings taken in the collective interest that the resolution of the dispute may have for its members. - 127 Verify source ↗
Article 127
AI-assisted research summary: Employers bound by a collective convention or collective agreement must take appropriate steps to inform employees about the relevant texts used in the firm.
Article 127: Every employer bound by a collective convention or an institution’s collective agreement, must take appropriate measures to inform his employees about the texts of the convention or agreement to be concerned applied in his/her firm. CHAPTER IV: INTERNAL RULES AND REGULATIONS - 128 Verify source ↗
Article 128
AI-assisted research summary: Firms with more than ten employees must have internal rules and regulations, and those rules must be written in Kinyarwanda and one other official language.
Article 128: Internal rules and regulations are required by law in each firm with more than ten employees. These rules and regulations are written in Kinyarwanda and in one of other official languages. In firms with several branches, ad hoc rules and regulations may be made for each file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (37 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW branch. - 129 Verify source ↗
Article 129
AI-assisted research summary: The firm manager may establish internal regulations after consulting the employees’ delegates.
Article 129: Internal regulations are established after consultation with the employee’s delegates by the firm manager. Its content exclusively limits itself to rules relating to technical organisation of work, discipline, provisions concerning health and security at work and salary payment modalities. - 130 Verify source ↗
Article 130
AI-assisted research summary: The firm manager must submit draft internal rules and regulations to the competent Labour Inspector, who must act within one month.
Article 130: The firm manager must submit to the competent Labour Inspector the draft internal rules and regulations. Within a month period, the Labour Inspector approves it or informs the firm manager of his/her opinion, requesting, where necessary, to withdraw or to modify those provisions found to be contrary to the laws, regulations and to collective conventions being in force. - 131 Verify source ↗
Article 131
AI-assisted research summary: Employee internal rules start to apply after Labour Inspector approval, or after one month without comments from the Labour Inspector.
Article 131: Internal rules and regulations of employees come into force after their approval by the Labour Inspector or after one month of the lack of comments by the Labour Inspector. They are to be communicated to the employees’ delegates and displayed within all workers’ hiring premises and in workplaces, in a suitable and easily accessible place. It should be consistently kept in good legibility condition. TITLE VI: ON HEALTH AND SAFETY AT WORK - 132 Verify source ↗
Article 132
AI-assisted research summary: The employer must train workers on health and safety and post the safety and health instructions in the workplace.
Article 132: Working premises must be kept in a permanent state of cleanliness and to satisfy security and health conditions necessary for the staff’s good health; they must be so file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (38 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW arranged as to guarantee the workers’ safety. The employer is to educate his/her workers on health and safety and to post in the work premises those safety and health instructions to comply with, in relation to health and safety. - 133 Verify source ↗
Article 133
AI-assisted research summary: Employers must provide suitable protective equipment, monitor its correct use, and organize safety measures; workers must follow health and safety instructions and use protective equipment correctly.
Article 133: The employer is bound to put at the workers’ disposal all necessary and appropriate protection equipments and to look after their correct use. He/she must keep informed of all risks related to technical progress and organise security accordingly through preventive measures. Workers are bound to respect health and safety instructions provided for by the internal rules and regulations as well as the necessary protection equipments and to care for their correct use. - 134 Verify source ↗
Article 134
AI-assisted research summary: It forbids importing, selling, leasing, giving away, displaying, or using unsafe appliances and machine parts, and requires a prior statement and plans to be sent to the relevant ministries before starting certain construction-related works.
Article 134: It is forbidden to import, display, sell, lease out, give away under any circumstances or to use appliances, machines and parts of machines which are not manufactured, set, operated or protected in conditions ensuring the workers’ health and safety. Without prejudice to regulatory and legal provisions relating to dangerous, insanitary and uncomfortable premises, safety is to be integrated in all places where building, partitioning or hiring of premises meant to serve as work places including commercial, handicraft and office premises. A prior statement, together with plans are to be sent to the Ministry having health in its attributions and the Ministry having safety at work in its attributions, before beginning any works for purpose of construction, conversion or extension, for approval and checking their conformity with the instructions being in force. - 135 Verify source ↗
Article 135
AI-assisted research summary: The Minister responsible for Labour sets the general and specific health and safety conditions for workplaces by decree.
Article 135: General and particular conditions of health and of safety in working places are determined by a Decree of the Minister having Labour in his/her attributions. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (39 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 136 Verify source ↗
Article 136
AI-assisted research summary: The Minister responsible for Labour may determine which institutions must set up health and labour safety committees.
Article 136: A Decree of the Minister having Labour in his/her attributions determines those institutions in which are set up committees for health and labour safety. - 137 Verify source ↗
Article 137
AI-assisted research summary: Employers must report work accidents and professional diseases to the social security organ and Labour Inspection within 48 hours, and report risky work processes before starting work.
Article 137: The employer must declare to the social security organ and to the Labour Inspection of his/her jurisdiction, within forty-eight hours, every work accident or every professional disease found. The statement may be made by the worker or his/her beneficiaries until the expiry of the second year following the date of the accident. Any employer who uses working processes likely to cause professional diseases, is to make a statement on it, to the Labour Inspector and, to the social security organ, before beginning works. - 138 Verify source ↗
Article 138
AI-assisted research summary: Companies or institutions may offer health or medical services to workers, and employers must send wounded or ill workers to the nearest medical centre when they cannot be treated with the employer’s available services.
Article 138: Any company or institution, depending on its size, can offer health or medical services to its workers. The employer must transfer to his/her nearest medical centre, all wounded or, ill persons not likely to be treated with his available services. TITLE VII: DISABLEMENT AND PROFESSIONAL REDEPLOYMENT CHAPTER ONE: DISABLEMENT WITH A PROFESSIONAL ORIGIN - 139 Verify source ↗
Article 139
AI-assisted research summary: This article defines who counts as a handicapped person for this chapter and says a medical commission certifies handicapped worker status.
Article 139: Is to be considered as a handicapped person in order to benefit from provisions of this file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (40 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW chapter, every person whose possibilities to acquire or to preserve an employment were actually reduced following an insufficiency or a decrease of his/her capacities. The quality of « handicapped worker » is to be certified by a medical commission which, thereafter, gives its advice on the professional orientation of the worker and decides on measures to apply for an easy redeployment. CHAPTER II: PROFESSIONAL REDEPLOYMENT - 140 Verify source ↗
Article 140
AI-assisted research summary: Employers must try to redeploy workers injured in industrial accidents to suitable posts, and must inform the Labour Inspector about redeployment or dismissal.
Article 140: Every employer must make efforts to redeploy within his/her company any worker who met with an industrial accident causing a reduction of capacity and making him professionally unfit for his employment by assigning him/her to a post corresponding to his/her aptitudes and capacities. The employer should inform the concerned jurisdiction Labour Inspector of the redeployment or dismissal of the worker disabled by industrial accident. Where the employer has no permanent work for redeployment of the disabled worker, his/her dismissal shall be communicated the Labour Inspector of his/her jurisdiction. CHAPTER III: TRAINING PEOPLE DISABLED BY WORK - 141 Verify source ↗
Article 141
AI-assisted research summary: This article defines “professional training” as training activities taught in any centre or school.
Article 141: For the purpose of this law, the terms « professional training » mean training activities taught in any centre or school. Professional trainings required by workers shall be based on the needs of the institution in which they work. TITLE VIII: EMPLOYERS’ AND EMPLOYEES’ PROFESSIONAL ORGANIZATIONS Chapter ONE: DEFINITION AND ESTABLISHMENT file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (41 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 142 Verify source ↗
Article 142
AI-assisted research summary: Employees and employers may freely set up a professional organisation without prior authorisation, and they may join one of their choice.
Article 142: An organisation of employees referred to as Trade Union or that of employers which is referred to as a professional organisation is any group of employers or employees exercising one and same profession, similar occupations or related professions and which seeks only to cater for and defend their economic and social interests. Employees or employers may set up freely and without prior authorisation a professional organisation. They are also free to join any professional organisation of their choice. - 143 Verify source ↗
Article 143
AI-assisted research summary: Trade unions and employers’ professional organisations may form federations or confederations, join them as affiliated members, and affiliate to international trade union or employers’ organisations.
Article 143: Trade Union or employers’ professional organisations may set up federations or confederations as well as become the latter’s affiliated members. Any Trade Union or professional organisation, federation or confederation may become affiliated to international Trade Union or employers’ organisations. These unions are subject to the same obligations as Trade Union employers' professional organisations and enjoy all the rights conferred to these Trade Unions or organisations by this law. - 144 Verify source ↗
Article 144
AI-assisted research summary: Trade unions and employers’ professional organisations must set their own rules, elect their representatives, manage their activities, and prepare a plan of action.
Article 144: Without prejudice to provisions of Article 145 of this law, Trade Union or employers’ professional organisations must work out their own administrative statutes and rules, elect freely their representatives, organise their management and their activity and formulate their plan of action. Statutes of every professional organisation, names and qualities of those responsible for its management must be filed by their founder members in accordance with the procedure to be fixed by a decree of the Minister having Labour in his/her attributions. Modifications to the statutes and changes made within the management of a Trade Union or professional organisations are subject to the same obligations. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (42 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 145 Verify source ↗
Article 145
AI-assisted research summary: People managing a trade union or employers’ professional organisation must meet personal qualification and residence requirements.
Article 145: Members in charge of managing Trade Union or employers' professional organisation should: a) enjoy their full civil and political rights; b) be Rwandans or nationals from any other country who meet conditions required in point a) of this Article. However, regarding Trade Unions, expatriates may be elected only when they have lived in the country for at least 5 years and their number should not exceed 1/3 of the members of the organisation's steering committee; c) live and have a fixed residence in Rwanda. - 146 Verify source ↗
Article 146
AI-assisted research summary: Members of a trade union or employers’ organisation may withdraw from their professional organisation at any time; some former employees or professionals may stay in the workers’ organisation if they have worked in that job or profession for at least one year.
Article 146: Every member of a Trade Union or employers’ organisation may, at any time, withdraw from his/her professional organisation. Employees who leave their job or who give up their profession may stay in the workers’ organisation, provided that they have at least exercised that job or profession for one year. - 147 Verify source ↗
Article 147
AI-assisted research summary: Trade-union and employers’ professional organisations cannot be dissolved or suspended by administrative decision, except with members’ consent or a judicial decision.
Article 147: The trade-union or employers’ professional organisations cannot be dissolved or suspended by an administrative decision, except upon the will of their members or the decision by a judicial authority. When dissolution is decided, the property of the organisations is devolved in accordance with the statutes or, failing that, according to laws set up by the General Assembly. This property may in no case be shared out among members. CHAPTER II: LEGAL CAPACITY OF AN EMPLOYEES’ OR EMPLOYERS’ ORGANIZATION - 148 Verify source ↗
Article 148
AI-assisted research summary: Trade unions and employers’ professional organisations have legal status and may go to court and represent their members to acquire movable or immovable property without authorisation.
Article 148: file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (43 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW Trade Union or employers' professional organisations enjoy their legal status. They have the right to go to court, to plead for their members and to speak for them in order to acquire, without authorisation, freely or in return for payment, movable or immovable property. - 149 Verify source ↗
Article 149
AI-assisted research summary: Professional organisations and trade unions may use resources for member welfare and may enter agreements with other entities or individuals.
Article 149: Professional organisations or Trade Union may allocate part of their resources to employees’ accommodation, acquisition of land for cultivation or physical training ground for the use of their members. They may set up, run or grant funds to professional welfare of their members. Trade Unions and professional organisations may conclude agreements with any other professional Associations, companies, establishments or with individuals. - 150 Verify source ↗
Article 150
AI-assisted research summary: A trade union may organise special mutual aid for its members, including for normal time and old age, if it follows the laws in force.
Article 150: Trade Union may, in conformity with the provisions of the laws in force, organise among its members special mutual aid in normal time and old age. Any person who withdraws from a professional organisation lawfully remains a member of the special mutual aid and old age fund which were set up and to which he/she gave his/her subscription. CHAPTER III: EXERCISING THE TRADE-UNION RIGHT - 151 Verify source ↗
Article 151
AI-assisted research summary: Every worker in every enterprise is entitled to be a member of a trade union.
Article 151: The right to be a member of a trade union is granted to every worker in every enterprise in conformity with rights and freedoms enshrined in the Fundamental Law. - 152 Verify source ↗
Article 152
AI-assisted research summary: Employees elect basic trade-union committee members under the conditions set by their trade-union statutes, and the concerned trade-union organisation examines related claims.
Article 152: file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (44 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW Trade-union section represents employees in their institution or in its branches. Employees elect their basic trade-union committee members in such conditions as set by their trade-union statutes. The concerned trade-union organisation examines all claims relating to election and eligibility of basic trade-union committee members as well as regularity of operations. - 153 Verify source ↗
Article 153
AI-assisted research summary: Trade-union committee members must represent the union before the employer, help members with their claims, and take part in union activities at the firm.
Article 153: Trade-union committee members have the following mandates: a) to represent their trade-union before their employer and assist members in their claims; b) to take part in trade union activities within the firm. - 154 Verify source ↗
Article 154
AI-assisted research summary: Trade-union committee members are entitled to free time for representation work and to annual paid leave for industrial education.
Article 154: Trade-union committee members are provided with the necessary free time to carry out their representation function and enjoy an annual paid leave for industrial education. Duration and conditions under which it is granted are set by collective conventions or failing these, by the Minister having labour in his/her attributions after consultation with employees’ and employers’ representatives. - 155 Verify source ↗
Article 155
AI-assisted research summary: Trade-union communications may be displayed on reserved notice boards, but a copy must be sent to the firm manager before display.
Article 155: Displaying trade-union communications is freely done on notice boards reserved for this purpose and distinct from those meant for communications from workers’ delegates’. A copy of these trade-union communications is to be forwarded to the firm manager before any displaying. Boards are made available for various trade-union committee’s communications following modalities to be set by agreement with the institution’s manager. Trade-union advertising publications and communications may be freely disclosed to workers within their institution at the start and the end of work. These communications and publications must fit the objectives of the Trade Union as defined in Article 142 of this law. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (45 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 156 Verify source ↗
Article 156
AI-assisted research summary: Managers must provide suitable premises for trade-union committee members in larger institutions or firms, and trade-union section members may hold a monthly meeting inside the institution by agreement with the manager.
Article 156: In institutions or firms employing more than twenty (20) wage-earners, the manager provides trade-union committee members with suitable premises in which to carry out their duties. Trade-union section members may hold their meeting once a month within the institution following modalities set by agreement with the institution’s manager. - 157 Verify source ↗
Article 157
AI-assisted research summary: The names of trade-union committee members must be sent to the institution’s manager, displayed on the trade-union notice boards, and a copy of that communication must be sent to the area Labour Inspector.
Article 157: Names of trade-union committee members are to be forwarded to the institution’s manager. They must be displayed on notice Boards reserved for trade-union communications. A copy of the communication addressed to the institution’s manager is forwarded to the Labour Inspector of the area. - 158 Verify source ↗
Article 158
AI-assisted research summary: Trade-union committee members are entitled to the same protection as workers’ delegates.
Article 158: Trade-union committee members shall enjoy the same protection as granted to the workers’ delegates as provided for in article 175 of this law. - 159 Verify source ↗
Article 159
AI-assisted research summary: Employers must not discriminate against workers because of trade-union membership or activity, must not deduct union dues without formal consent, and must not pressure people for or against a trade union.
Article 159: It is unlawful for the employer to take into account membership of a trade-union or a trade union activity in making decision such as hiring, carrying and sharing out work, professional training, promoting, paying and granting social benefits package, taking disciplinary actions and dismissing employees. No employer shall deduct, without the employee’s formal consent, trade-union subscriptions from his worker's salary. Employer or his/her representative should not exert any means of pressure for or against any trade-union organisation. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (46 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW Any measure taken by the employer contrary to provisions of the above paragraphs shall be considered as abusive and shall be cause for damages. These provisions are legally binding. TITLE IX: ADMINISTRATIVE ORGANS AND MEANS OF CONTROL CHAPTER ONE: ADMINISTRATIVE ORGANS Section one: Labour Directorate - 160 Verify source ↗
Article 160
AI-assisted research summary: The Labour Directorate is the public administration body responsible for designing, carrying out, and implementing national labour policy.
Article 160: Labour Directorate is an organ of public administration in charge of designing, carrying out and implementing the national policy related to labour. Section 2: Labour Inspection - 161 Verify source ↗
Article 161
AI-assisted research summary: The Labour Inspector must monitor labour-code, collective-convention, and social-security compliance, record observed labour-law infringements, and inform the competent legal authorities directly.
Article 161: The Labour Inspector is in charge of monitoring compliance with the labour code and its implementation, provisions on collective conventions as well as laws relating to social security. He/she is also in charge of writing minutes of what he/she notices on infringements to provisions of labour laws and regulations and shall inform directly the competent legal authorities. The content of those minutes are considered true until further alterations. - 162 Verify source ↗
Article 162
AI-assisted research summary: Copies of the minutes must be sent, deposited, and filed, and the Labour Inspector must be informed of the conclusions.
Article 162: file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (47 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW A copy of the minutes is to be notified to the concerned party, within fifteen (15) days following record of the infringement. A copy of the minutes is to be deposited at the relevant Prosecution concerned jurisdiction office, a second copy sent to the labour department, a third one filed in the charged institution’s file. The Labour Inspector is informed on these minutes’ conclusions by the Prosecution Office. - 163 Verify source ↗
Article 163
AI-assisted research summary: The Labour Inspector may enter workplaces, inspect documents, question people, take samples of tools for analysis, and seek help from competent bodies to bring in employers or employees who refuse a summons.
Article 163: The Labour Inspector, in possession of his/her office’s documentary evidence, has authority: a) to enter freely during working hours any institution subject to the Labour Inspector’s control without prior notice to institution manager; b) to enter any premises he presumes being reasonably subject to the Labour Inspector’s control; c) to initiate any control or investigation considered necessary to ensure that legal provisions are actually observed and particularly: (i) to question, alone or before witnesses, any employer or the institution’s staff on everything relating to the legal provisions’ and instructions implementation; (ii) to ask for books, registers and other documents the content of which is prescribed by the legislation relating to working conditions in order to check their conformity with the law in force. The Labour Inspector is given a copy of all these documents or similar copies have to be written for him/her; (iii) to order displays on the labour institution notices provided for by the law; (iv) to take with him/her some of the basic tools of the institution in the presence of the employer or his/her representative for analysis, provided that the employer or his/her representative be informed that these tools have been taken for this purpose. The expense deriving from this analysis is charged to the company when the suspicion of harmfulness is confirmed, and to the State otherwise; d) to appeal to competent instances to bring to the Labour inspection office any employer or employee who may refuse the summoning notice by the Labour Inspection. - 164 Verify source ↗
Article 164
AI-assisted research summary: A labour inspector may ask qualified technicians and experts to help inspect workplace conditions, and those technicians must keep professional confidentiality.
Article 164: file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (48 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW A Labour Inspector may request the collaboration of technicians and experts duly qualified in all works done in the institution so as to know how they are done, their basic tools and what is done to protect workers’ health and to protect them from accidents. These technicians must observe the professional confidentiality like the Labour Inspector, otherwise they are punished with the same laws like him/her. This technical assistance is exercised under the supervision of the Labour inspector. The expense resulting from this assistance is to be charged on the Minister having Labour in his/her attributions. - 165 Verify source ↗
Article 165
AI-assisted research summary: The Labour Inspector must tell the employer or a representative before a visit, unless advance notice would harm inspection effectiveness. The inspector may also ask to be accompanied by one staff delegate of their choice.
Article 165: The Labour Inspector must inform of his/her visit the employer or his/her representative, unless he considers that such a notice could be detrimental to the control efficiency. He/she may request to be accompanied, during his/her visit by one staff delegate of his/her choice within the institution. - 166 Verify source ↗
Article 166
AI-assisted research summary: Technicians supervising technical control in mines, quarries, and other controlled works must ensure the facilities under their control protect workers’ safety.
Article 166: In mines and quarries, as well as in premises or sites where works are subject to a control of a technical service, the technicians in charge of this control must make sure that all the facilities depending upon their technical control are set so as to guarantee the workers’ safety. Controlling technician comply with the special laws relating to these works, and has the same authority, when doing them, as that of the Labour Inspector. He also informs the labour inspector on all employers who have received formal notices. The Labour Inspector may, at any time, ask to visit, with the technicians referred to in the previous paragraph, mines, quarries, premises and sites subject to a technical control. In military premises employing a civilian manpower, control for implementing labour laws is carried out by an officer appointed the Army chief of staff who notifies it to the Minister having Labour in his/her attributions, or by an official who is appointed by the Minister having Labour in his/her attributions for this purpose, this following the request of the file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (49 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW Army chief of staff. - 167 Verify source ↗
Article 167
AI-assisted research summary: The Minister responsible for Labour must establish by decree the list of institutions referred to in Article 166.
Article 167: The list of those institutions referred to in Article 166 of this law is to be established by a decree of the Minister having Labour in his/her attributions. - 168 Verify source ↗
Article 168
AI-assisted research summary: A physician in charge of labour inspection is appointed by the labour minister after consulting the health minister, and the role monitors employer health obligations and reports to the local labour inspector.
Article 168: A Physician in Charge of Labour Inspector is appointed by the Minister having Labour in his/her attributions after consultation with the Minister having health in his/her attributions. She/he is in charge of controlling the employer’s obligations relating to workers’ health, and medical and sanitary equipment of his/her institution. She/he makes a report to the Labour Inspector of the concerned jurisdiction. The health Inspector can issue warning notices and write minutes relating to non- observation of the health prescriptions and health medical equipment and she/he informs the Labour Inspector of the concerned jurisdiction. - 169 Verify source ↗
Article 169
AI-assisted research summary: If workplace conditions are dangerous to workers’ health and safety and are not covered by the Decree in Article 135, the employer must remedy them when warned by the Labour Inspector or a Physician.
Article 169: When there are dangerous working conditions for the workers’ health and safety which are not included in the Decree provided for in Article 135 of this law, the employer is warned by the Labour Inspector or by the Physician to remedy to it in the forms and conditions specified in Article 171 of this law. In case of protest by the employer, the litigation is submitted to the Minister having Labour in his/her attributions. - 170 Verify source ↗
Article 170
AI-assisted research summary: If immediate action is needed to bring appliances and premises into compliance, the Labour Inspector may issue binding notices, including immediate closure and required modifications. The effect of those notices can be suspended only by the Minister responsible for labour.
Article 170: When circumstances require that immediate measures be taken to make the appliances and premises conform to regulations and laws provisions in force, the Labour Inspector is empowered to serve the necessary notices comprising the immediate closing of file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (50 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW premises, facilities, tools, equipment or appliances incriminated, and within a determined period, and ordering to carry out the required modifications and in specified period on the facilities or premises or appliances. These notices are binding. However, their effect can only be suspended by a decision of the Minister having Labour in his/her attributions. The procedures and the periods within which is issued warning notice determined by the Decree of the Minister having Labour in his/her attributions. - 171 Verify source ↗
Article 171
AI-assisted research summary: A warning notice must be written and must record the infringements or dangers noticed, along with the delay for fixing them.
Article 171: A warning notice must be made in writing, either on the employer’s register, or by a registered letter with acknowledgement receipt. It is dated and signed, it clearly lists infringements or dangers noticed in the institution and fixes the delay within which the employer shall have set them right. This delay is reasonably given in accordance with the situation and cannot be less than four days, except in case of instant emergency. - 172 Verify source ↗
Article 172
AI-assisted research summary: The Labour Inspector must not have a direct or indirect material interest in institutions under his control.
Article 172: The Labour Inspector shall have no direct or indirect material interest, in the institutions placed under his control. - 173 Verify source ↗
Article 173
AI-assisted research summary: The Labour Directorate’s Head of department may at any time exercise the powers and mandates given to the Labour Inspector under this law and its implementation decrees.
Article 173: The Labour Directorate’s Head of department may, at any time, exercise the powers and mandates assigned to Labour Inspector by this law and its implementation Decrees. CHAPTER II: workers’ delegates - 174 Verify source ↗
Article 174
AI-assisted research summary: Workers’ delegates are chosen from the institution’s workers and must pass employee claims to the employer, report relevant complaints to the Labour Inspector, monitor health and safety measures, advise on dismissals linked to staff reductions, and share suggestions to improve the institution.
Article 174: Workers’ delegates are elected among the workers of the institution. They have for mission: file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (51 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW a) to present to the employer all individual and collective claims, relating to working conditions and workers’ protection, implementation of collective conventions, professional classifications and wages rates; b) to inform the Labour Inspector on all complaints or claims relating to implementation of regulatory or legal provisions of which he/she is in charge of ensuring the control; c) to look after the implementation of provisions relating to the health and safety of the worker and to propose all necessary measures on this matter; d) to give their advice on measures and conditions of dismissals planned in case of staff reduction due to slowing down activities or institution’s restructuring by the employer; e) to communicate to the employer all useful suggestions aimed at the institution’s better functioning and output improvement. The existence of a staff’s delegate within an institution does not infringe on the right that a worker has to submit him/her self him/her own claims and suggestions to the employer. - 175 Verify source ↗
Article 175
AI-assisted research summary: An employer planning to dismiss a staff delegate must submit the dismissal to the Labour Inspector, who must give an opinion within 15 days. In a serious-offence case, the employer may suspend the person while waiting.
Article 175: Any dismissal of a permanent or temporary staff’s delegate, planned by the employer or his/her representative, is submitted to the Labour Inspector who will give his/her opinion within fifteen days. The provision of paragraph one of this article is also valid for the workers’ delegate candidates during the period which goes from the date of lists’ deposit of candidature to the head of the institution to that of ballot, as well as to the former staff’s delegate within the six months following the expiry of his/her term of office. However, in case of serious offence, the employer may suspend the concerned person while waiting for the Labour Inspector’s opinion on his/her dismissal. CHAPTER III: MEANS OF CONTROL - 176 Verify source ↗
Article 176
AI-assisted research summary: People who plan to open a new institution must declare it to the Labour Inspector; the same declaration procedure also applies when closing, selling, or transforming the institution.
Article 176: Every person who plans to open up a new institution whatever its nature, must declare it to the Labour Inspector. The same procedure applies case of closing activities, selling or file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (52 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW transforming the institution. A decree of the Minister having Labour in his/her attributions determines modalities and the period to make this declaration. - 177 Verify source ↗
Article 177
AI-assisted research summary: Every employer must fill in and forward employee-status documents, following the procedure set by the Labour Minister’s decree.
Article 177: Every employer must fill and forward documents on the situation of his/her employees, following modalities determined by a decree of the Minister having Labour in his/her attributions. - 178 Verify source ↗
Article 178
AI-assisted research summary: Employers must keep their register up to date at the workplace, show it immediately to the Labour Inspector, and keep it for five years from the last entry.
Article 178: The employer must permanently keep up to date his/her register, in the working premises; the model of register is determined by the Minister having Labour in his/her attributions. The employer’s register must be immediately produced to the Labour Inspector and to be kept for five years from the date of the most recent mention written in it. - 179 Verify source ↗
Article 179
AI-assisted research summary: Employers must file a written declaration about a worker with the local Labour Inspector within 30 days of hiring, and again when the worker leaves an institution, with the leaving date stated.
Article 179: Every worker is subject, within thirty days from his/her hiring, to a written declaration made by his/her employer and forwarded to the Labour Inspector of the area. When a worker leaves an institution, he/she must be subject to a similar declaration made in not latter than 30 days the leaving date must be mentioned. Modalities for these declaration, and the way they are filled by what is stated on the worker, are determined by a decree of the Minister having Labour in his/her attributions. TITLE X: LABOUR DISPUTES CHAPTER ONE: DEFINITIONS file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (53 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 180 Verify source ↗
Article 180
AI-assisted research summary: This article defines individual and collective labour disputes.
Article 180: Labour disputes can be individual or collective. Individual labour disputes are those which occur between a worker and his/her employer or between several workers and their employer, but for reasons relating to non observation of a clause of a labour contract which binds each worker and his/her employer, where this clause is likely to vary from one worker to another. Collective Labour disputes are those which occur between one or several employers, on one hand, and on the other hand, some or all working members on the labour conditions, when these disputes are likely to jeopardise the smooth running or the social peace of the institution. - 181 Verify source ↗
Article 181
AI-assisted research summary: Disputes and claims about labour contracts covered by this law are prescribed after five years, counted from the date the dispute arose.
Article 181: All disputes and claims related to such labour contracts as provided for in this law are prescribed for five years from the date of showing cause to the disputes. This period is suspended by a trial brought before court before it has expired or because a Labour Inspectorate has not taken a conclusion on the disputes brought before it. CHAPTER II: LABOUR DISPUTES’ SETTLEMENT - 182 Verify source ↗
Article 182
AI-assisted research summary: Before taking individual or collective labour disputes to court, the concerned person must ask employees’ representatives to try to settle them out of court, and if that fails, the case is forwarded to the Labour Inspector.
Article 182: When there are individual or collective labour disputes and prior to their submission before court, the concerned person requests, in writing or verbally, the employees’ representatives to try to settle these disputes out of courts. Where the employees' representative fails to settle the disputes, the any concerned person forwards the case to Labour Inspector for reasonable settlement. Prescriptibility of the claim is postponed by that request from its receipt date until the statement of an attempt to the settlement is disputes on the employee and employer. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (54 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 183 Verify source ↗
Article 183
AI-assisted research summary: Before a collective labour dispute goes to court, the concerned persons must send it to the employees’ and employers’ Representatives’ Council for settlement.
Article 183: Where there is collective labour disputes prior to their submission to relevant court the concerned persons must forward them to the employees’ and employers’ Representatives’ Council for settlement. A decree by the Minister having Labour in his/her attributions determines the functioning and modalities of the council. In the event the disputes are not settled out of courts, they are submitted before relevant court. - 184 Verify source ↗
Article 184
AI-assisted research summary: The jurisdiction has power to be informed about companies’ economic situation and the social situation of employees involved in the conflict.
Article 184: The jurisdiction has the widest powers to be informed about the companies’ economic situation and the social situation of the employees concerned by the conflict. - 185 Verify source ↗
Article 185
AI-assisted research summary: The jurisdiction may decide disputes about interpreting laws, regulations, collective conventions, or agreements, and may also decide certain other labor-related disputes in fairness.
Article 185: The jurisdiction makes its decision lawfully on conflicts relating to the interpretation of laws, regulations, collective conventions or agreements in force. It makes its decision in fairness on other conflicts, notably when the dispute is about salaries or working conditions which are not fixed by the provisions of laws, regulations, collective conventions or agreements in force and about conflicts relating to the conclusion and the review of clauses for collective conventions and agreements. - 186 Verify source ↗
Article 186
AI-assisted research summary: A judgment in collective conflicts is provisionally immediately enforceable, even if appeal options exist.
Article 186: The judgement passed by the jurisdiction as far as collective conflicts are concerned becomes provisionally immediately enforceable notwithstanding all ways for appeal. - 187 Verify source ↗
Article 187
AI-assisted research summary: Conciliation notices and notices of decisions on collective disputes or trials are submitted to the court clerk’s office and the Labour Inspector’s office.
Article 187: A conciliation notice of the council and a notice of its decision on collective disputes’ or trials are submitted to the office of the clerk of the Court of the jurisdiction giving a ruling file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (55 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW as far as labour is concerned and in the Labour Inspector’s office where they may be communicated to the public. - 188 Verify source ↗
Article 188
AI-assisted research summary: An agreement, arbitration award, or court adjudication interpreting a clause of a collective convention on salary or working conditions has the same effects as a collective convention on labour.
Article 188: When an agreement, an arbitration award or an adjudication relates to the interpretation of a clause of a collective convention on salary or working conditions, that agreement, arbitration award or court award has the same effects as those of a collective convention on labour. - 189 Verify source ↗
Article 189
AI-assisted research summary: A strike or lock-out is unlawful if it happens before the required procedures are finished or if it breaches a mutual agreement or binding award. It is lawful only after four days’ notice and when the listed conditions are met.
Article 189: Unlawful is any strike or lock-out taking place before the end of procedures fixed by this law or by breach of a mutual agreement, arbitration award or award that became binding. A strike or lock-out is legal when the other party has been given a four day notice, and when: a) the Conciliation Council has exceeded fifteen (15) days without setting the problem; b) the mutual agreement, the arbitration award or the court award being in force, has not been implemented. - 190 Verify source ↗
Article 190
AI-assisted research summary: Illegal strikes by employees and illegal lock-outs by employers may lead to sanctions, including loss of pay, compensation, court action, loss of tender benefits, or withdrawal of registered company status.
Article 190: Any illegal strike by employees may entail: a) non-payment for days taken out of work; b) compensation for the damage caused deliberately to equipment or to buildings; c) a legal action taken by the employer or his/her employers' professional organisation against the strikers and against the organisation implicated in that strike. Any illegal lock-out by employer may entail: a) non-payment for days forced out of work; file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (56 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW b) six months temporally loss of the benefit to be awarded in public tenders contracts; c) withdrawal of registered company status in case of persistent refusal to work. The competent court ascertains that the laws have been contravened and specifies the sanctions provided for in this article. - 191 Verify source ↗
Article 191
AI-assisted research summary: Employees’ right to strike is subject to special procedures in sensitive security situations, and the Labour Minister may set the application rules by decree.
Article 191: The right to strike is subject to special procedures when the employee exercises an essential duty of the people’s and property security. This also applies to an employee whose function stopping would constitute a threat to security and human life. A decree of the Minister having Labour in his/her attributions sets out the mode of application of this article. - 192 Verify source ↗
Article 192
AI-assisted research summary: A person who breaches Articles 13, 129, 130, or 131 is fined 2,000 to 10,000 Francs, with a higher fine of 15,000 to 20,000 Francs if the act is repeated.
Article 192: TITLE XI: PENALTIES A person guilty of any breach to provisions of Articles 13, 129, 130 and 131 of this law is fined with between 2,000 and 10,000 Francs and in case of relapse into the act between 15,000 and 20,000 Francs. - 193 Verify source ↗
Article 193
AI-assisted research summary: A person who breaches the listed articles is fined 5,000 to 15,000 Francs, or 15,000 to 50,000 Francs if the act is repeated.
Article 193: A person guilty of any breach to provisions of Articles 7, 10, 11, 15, 28, 58, 65, 71, 72, 79, 96, 109, 135, 138, 169, 170, 171, 176, 177, 178 and 179 of this law is fined with between 5,000 and 15,000 Francs and in case of relapse into the act between 15,000 and 50,000 Francs. - 194 Verify source ↗
Article 194
AI-assisted research summary: If the author referred to in Article 193 breaches any of the listed articles, they can be fined 10,000 to 50,000 Francs. A relapse can also lead to imprisonment of fifteen days to six months.
Article 194: In cases of breach of Articles 4, 12, 32, 36, 37, 38, 60, 61, 63, 64, 65, 66, 67, 68, 69, 70, 88, 90, 92, 93, 94, 95, 97, 103, 104, 118, 128, 137, 139, 140, 142, 145, 166, and 175 of file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (57 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW this law, its author referred to in article 193 is fined with between 10,000 and 50,000 Francs; the relapse into the act is in addition to fine, sentenced to an imprisonment term of between fifteen days to six months. - 195 Verify source ↗
Article 195
AI-assisted research summary: A person who opposes or tries to oppose a Labour Inspector’s duties or powers can be fined and may also be jailed.
Article 195: Any person who has opposed or has attempted to oppose the implementation of obligations or the exercise of powers entrusted to the Labour Inspector is fined with between 10,000 and 50,000 Francs and sentenced an imprisonment term of between one to six months imprisonment, or to only one of the penalties. In case of relapse into the act, the fine ranges from 50,000 to 100,000 Francs. The provisions of the Penal Code on acts of resistance, verbal assault and violence against Judiciary Police Officer are also applicable to those guilty of such facts against Labour Inspector. - 196 Verify source ↗
Article 196
AI-assisted research summary: If a person is fined under this Law, the fine must be paid for each infringement, but the total cannot exceed five times the maximum fine rate.
Article 196: When a person is fined in conformity with this Law, the fine is to be paid as many times as there are infringements, without however the fine total amount exceeding five times the fines’ maxima rates. TITLE XII: FINAL PROVISIONS - 197 Verify source ↗
Article 197
AI-assisted research summary: This article makes the law binding for ongoing working contracts and requires any non-conforming clause to be changed within six months after the law comes into force.
Article 197: Provisions of this law are legally binding for all ongoing working contracts. Any clause of an ongoing contract which would not be in conformity with the provision of this law, shall be modified within a six months’ period from the date on which this law becomes into force. This law cannot be advocated for breach of existing contracts. file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (58 of 59) [6/5/2003 6:10:37 PM] LABOUR LAW - 198 Verify source ↗
Article 198
AI-assisted research summary: This article abrogates earlier laws and regulations that conflict with this law.
Article 198: All previous provisions and regulations contrary to this law, specifically the provisions of the law of February, 28, 1967 instituting Labour as modified and completed to date as well as those provisions of other decrees enforcing it, are abrogated. - 199 Verify source ↗
Article 199
AI-assisted research summary: This law takes effect when it is published in the Official Gazette of the Republic of Rwanda.
Article 199: This law comes into force on the day of its publication in the Official Gazette of the Republic of Rwanda. Kigali, on 30/12/2001 The President of the Republic Paul KAGAME (sé) The Prime Minister Bernard MAKUZA (sé) The Minister of Public Service and Labour KAYITESI Zaïnabo Sylvie (sé) The Minister of Health Dr. Ezéchias RWABUHIHI (sé) Seen and sealed with the Seal of the Republic: The Minister of Justice and Institutional Relations Jean de Dieu MUCYO (sé) file:///D|/PROJECTS/RIPA/NEW%20SITE/Site%20Contents/wordFiles/LabourLaw.htm (59 of 59) [6/5/2003 6:10:37 PM]
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LAW N° 51/2001 OF 30/12/2001 ESTABLISHING THE LABOUR CODE
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