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> GOUVERNANCE - page d'accueil > EPLex: une base de données sur les législations de protection de l'emploi > Rwanda

Rwanda - Conditions de fond du licenciement


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art. 28 LL provides that a party wishing to terminate a fixed-term employment contract before the expiry of the duration set therein must have legitimate reasons for termination.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • • Art. 26 LL provides that an employer may terminate an employment contract without notice in case of an employee’s gross misconduct.
    • Art. 27 LL provides that an indefinite-term employment contract can be terminated by either party for legitimate reasons.
    • See also Art. 3 (17) LL which provides that an unfair dismissal is the termination of an employment contract by the employer without legitimate reasons or respecting procedures provided for by law.


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; couleur; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; statut financier ; origine ethnique
Remarks:
  • The LL does not contain a list of prohibited grounds for dismissal but it contains a general prohibition of discrimination in work matter.

    • However, Art. 8 LL prohibits the dismissal of an employee for having reported or testified on sexual harassment committed by his/her supervisor; and provides that if there is tangible evidence that an employee has resigned due to sexual harassment committed against him/her by his/her supervisor, his/her resignation is considered as unfair dismissal.

    • Art. 19 LL prohibits the dismissal of an employee as a result of occupational accident unless a recognized doctor declares him/her unfit to resume service in the employment he/she held prior to the accident.

    • Art. 30 refers to the damages payable to employees’ representatives, occupational health and safety committee members and trade union representatives who are victims of unfair dismissal as a result of the discharge of their responsibility to represent employees.

    • Art. 61 LL prohibits the employer from giving notice of dismissal during maternity leave.

    • Art. 9 LL also contains a general prohibition of discrimination in work matters on the basis of ethnic origin, family or ancestry, clan, skin colour or race, sex, region, economic categories, religion or faith, opinion, fortune, cultural difference, language, physical or mental disability or any other form of discrimination.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec une invalidité consolidée
Remarks:
  • - Women on maternity leave:
    Prohibition to dismiss a woman during maternity leave (art. 61 LL)

    - Workers' representatives:
    In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to the payment of damages up to a maximum of 9 months' pay (instead of 6 months' pay).

    - Injured workers declared unfit to work:
    Art. 19 LL prohibits the dismissal of an employee as a result of occupational accident, unless declared as unfit to work by a doctor.


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art 30 LL: the written notification of the dismissal must specify the reasons for the dismissal.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 28 LL provides that a fixed term contract can be terminated before the fixed term in case of gross negligence or agreement between the parties.

    Art. 30 LL provides that an open-ended contract can always be terminated at the will of either party provided that there are legitimate motives for terminating the contract.
    See also art. 1(12) which defines unfair dismissal as "termination of employment contract by the employer without justifiable reason or observance of procedures established by law".


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; couleur; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; statut financier ; origine ethnique
Remarks:
  • The LL does not contain a list of prohibited grounds for dismissal.
    However, it contains a general prohibition of discrimination in work matter.
    Art. 12 LL prohibits direct or indirect discrimination aiming at denying workers the right to equal opportunity or equal treatment especially when the discrimination is
    based upon the following:
    1. Race, color, or origin;
    2. sex, marital status or family responsibilities;
    3. religion, beliefs or political opinions;
    4. social or economic conditions;
    5. country of origin;
    6. disability;
    7. previous, current or future pregnancy;
    8. any other type of discrimination.

    - Art. 114 LL prohibits an employer from relying on trade union membership or activities to take favourable or unfair decisions concerning a worker with regard to benefits and working conditions.

    - Art. 67 LL prohibits the employer from giving notice of dismissal during maternity leave.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec une invalidité consolidée
Remarks:
  • - Women on maternity leave:
    Prohibition to dismiss a woman during maternity leave (art. 67 LL)

    - Workers' representatives:
    In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to higher compensation: a maximum of 9 months' pay (instead of 6 months' pay).

    - Injured workers declared unfit to work:
    Art. 100 LL: The employer shall notify the Labor Inspector prior to dismissing a worker dismissed due to an accident.

    It is also worth noting that in case of termination of the employment contract during paid leave or suspension period by the employer, the notice allowance is doubled (art. 31 LL).
    Reasons for the suspension of the employment contract are listed in art. 25 LL, as follows:
    1. absence from work due to a disease confirmed by a recognized medical doctor;
    2. worker's unavailability due to a work accident or a professional disease;
    3. maternity leave of a woman;
    4. a strike or lock-out which comply with the procedures regulating the labour collective dispute;
    5. worker's absence authorised by the employer by virtue of collective conventions or individual agreements between employer and worker;
    6. worker's lay-off;
    7. pre-trial detention of a worker for a period not exceeding six (6) months;
    8. training of the worker organized by a trade union to which he/she is entitled as per the modalities set by the law or collective conventions ;
    9. suspension of the enterprise's activity due to technical reasons;
    10. in case of force majeure or any other reason provided for by the law with the effect of preventing one of the parties from fulfilling its obligation.

    In Rwanda, there is no prohibition of termination of employment during the suspension period (except for maternity leave, see art. 67 LL), the employer is only required to pay twice the amount of the notice allowance.


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art 30 LL: the written notification of the dismissal must specify the reasons for the dismissal.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 28 LL provides that a fixed term contract can be terminated before the fixed term in case of gross negligence or agreement between the parties.

    Art. 30 LL provides that an open-ended contract can always be terminated at the will of either party provided that there are legitimate motives for terminating the contract.
    See also art. 1(12) which defines unfair dismissal as "termination of employment contract by the employer without justifiable reason or observance of procedures established by law".


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; couleur; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; statut financier ; origine ethnique
Remarks:
  • The LL does not contain a list of prohibited grounds for dismissal.
    However, it contains a general prohibition of discrimination in work matter.
    Art. 12 LL prohibits direct or indirect discrimination aiming at denying workers the right to equal opportunity or equal treatment especially when the discrimination is
    based upon the following:
    1. Race, color, or origin;
    2. sex, marital status or family responsibilities;
    3. religion, beliefs or political opinions;
    4. social or economic conditions;
    5. country of origin;
    6. disability;
    7. previous, current or future pregnancy;
    8. any other type of discrimination.

    - Art. 114 LL prohibits an employer from relying on trade union membership or activities to take favourable or unfair decisions concerning a worker with regard to benefits and working conditions.

    - Art. 67 LL prohibits the employer from giving notice of dismissal during maternity leave.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec une invalidité consolidée
Remarks:
  • - Women on maternity leave:
    Prohibition to dismiss a woman during maternity leave (art. 67 LL)

    - Workers' representatives:
    In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to higher compensation: a maximum of 9 months' pay (instead of 6 months' pay).

    - Injured workers declared unfit to work:
    Art. 100 LL: The employer shall notify the Labor Inspector prior to dismissing a worker dismissed due to an accident.

    It is also worth noting that in case of termination of the employment contract during paid leave or suspension period by the employer, the notice allowance is doubled (art. 31 LL).
    Reasons for the suspension of the employment contract are listed in art. 25 LL, as follows:
    1. absence from work due to a disease confirmed by a recognized medical doctor;
    2. worker's unavailability due to a work accident or a professional disease;
    3. maternity leave of a woman;
    4. a strike or lock-out which comply with the procedures regulating the labour collective dispute;
    5. worker's absence authorised by the employer by virtue of collective conventions or individual agreements between employer and worker;
    6. worker's lay-off;
    7. pre-trial detention of a worker for a period not exceeding six (6) months;
    8. training of the worker organized by a trade union to which he/she is entitled as per the modalities set by the law or collective conventions ;
    9. suspension of the enterprise's activity due to technical reasons;
    10. in case of force majeure or any other reason provided for by the law with the effect of preventing one of the parties from fulfilling its obligation.

    In Rwanda, there is no prohibition of termination of employment during the suspension period (except for maternity leave, see art. 67 LL), the employer is only required to pay twice the amount of the notice allowance.


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art 30 LL: the written notification of the dismissal must specify the reasons for the dismissal.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 28 LL provides that a fixed term contract can be terminated before the fixed term in case of gross negligence or agreement between the parties.

    Art. 30 LL provides that an open-ended contract can always be terminated at the will of either party provided that there are legitimate motives for terminating the contract.
    See also art. 1(12) which defines unfair dismissal as "termination of employment contract by the employer without justifiable reason or observance of procedures established by law".


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; couleur; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; statut financier ; origine ethnique
Remarks:
  • The LL does not contain a list of prohibited grounds for dismissal.
    However, it contains a general prohibition of discrimination in work matter.
    Art. 12 LL prohibits direct or indirect discrimination aiming at denying workers the right to equal opportunity or equal treatment especially when the discrimination is
    based upon the following:
    1. Race, color, or origin;
    2. sex, marital status or family responsibilities;
    3. religion, beliefs or political opinions;
    4. social or economic conditions;
    5. country of origin;
    6. disability;
    7. previous, current or future pregnancy;
    8. any other type of discrimination.

    - Art. 114 LL prohibits an employer from relying on trade union membership or activities to take favourable or unfair decisions concerning a worker with regard to benefits and working conditions.

    - Art. 67 LL prohibits the employer from giving notice of dismissal during maternity leave.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec une invalidité consolidée
Remarks:
  • - Women on maternity leave:
    Prohibition to dismiss a woman during maternity leave (art. 67 LL)

    - Workers' representatives:
    In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to higher compensation: a maximum of 9 months' pay (instead of 6 months' pay).

    - Injured workers declared unfit to work:
    Art. 100 LL: The employer shall notify the Labor Inspector prior to dismissing a worker dismissed due to an accident.

    It is also worth noting that in case of termination of the employment contract during paid leave or suspension period by the employer, the notice allowance is doubled (art. 31 LL).
    Reasons for the suspension of the employment contract are listed in art. 25 LL, as follows:
    1. absence from work due to a disease confirmed by a recognized medical doctor;
    2. worker's unavailability due to a work accident or a professional disease;
    3. maternity leave of a woman;
    4. a strike or lock-out which comply with the procedures regulating the labour collective dispute;
    5. worker's absence authorised by the employer by virtue of collective conventions or individual agreements between employer and worker;
    6. worker's lay-off;
    7. pre-trial detention of a worker for a period not exceeding six (6) months;
    8. training of the worker organized by a trade union to which he/she is entitled as per the modalities set by the law or collective conventions ;
    9. suspension of the enterprise's activity due to technical reasons;
    10. in case of force majeure or any other reason provided for by the law with the effect of preventing one of the parties from fulfilling its obligation.

    In Rwanda, there is no prohibition of termination of employment during the suspension period (except for maternity leave, see art. 67 LL), the employer is only required to pay twice the amount of the notice allowance.


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art 30 LL: the written notification of the dismissal must specify the reasons for the dismissal.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 28 LL provides that a fixed term contract can be terminated before the fixed term in case of gross negligence or agreement between the parties.

    Art. 30 LL provides that an open-ended contract can always be terminated at the will of either party provided that there are legitimate motives for terminating the contract.
    See also art. 1(12) which defines unfair dismissal as "termination of employment contract by the employer without justifiable reason or observance of procedures established by law".


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; couleur; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; statut financier ; origine ethnique
Remarks:
  • The LL does not contain a list of prohibited grounds for dismissal.
    However, it contains a general prohibition of discrimination in work matter.
    Art. 12 LL prohibits direct or indirect discrimination aiming at denying workers the right to equal opportunity or equal treatment especially when the discrimination is
    based upon the following:
    1. Race, color, or origin;
    2. sex, marital status or family responsibilities;
    3. religion, beliefs or political opinions;
    4. social or economic conditions;
    5. country of origin;
    6. disability;
    7. previous, current or future pregnancy;
    8. any other type of discrimination.

    - Art. 114 LL prohibits an employer from relying on trade union membership or activities to take favourable or unfair decisions concerning a worker with regard to benefits and working conditions.

    - Art. 67 LL prohibits the employer from giving notice of dismissal during maternity leave.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec une invalidité consolidée
Remarks:
  • - Women on maternity leave:
    Prohibition to dismiss a woman during maternity leave (art. 67 LL)

    - Workers' representatives:
    In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to higher compensation: a maximum of 9 months' pay (instead of 6 months' pay).

    - Injured workers declared unfit to work:
    Art. 100 LL: The employer shall notify the Labor Inspector prior to dismissing a worker dismissed due to an accident.

    It is also worth noting that in case of termination of the employment contract during paid leave or suspension period by the employer, the notice allowance is doubled (art. 31 LL).
    Reasons for the suspension of the employment contract are listed in art. 25 LL, as follows:
    1. absence from work due to a disease confirmed by a recognized medical doctor;
    2. worker's unavailability due to a work accident or a professional disease;
    3. maternity leave of a woman;
    4. a strike or lock-out which comply with the procedures regulating the labour collective dispute;
    5. worker's absence authorised by the employer by virtue of collective conventions or individual agreements between employer and worker;
    6. worker's lay-off;
    7. pre-trial detention of a worker for a period not exceeding six (6) months;
    8. training of the worker organized by a trade union to which he/she is entitled as per the modalities set by the law or collective conventions ;
    9. suspension of the enterprise's activity due to technical reasons;
    10. in case of force majeure or any other reason provided for by the law with the effect of preventing one of the parties from fulfilling its obligation.

    In Rwanda, there is no prohibition of termination of employment during the suspension period (except for maternity leave, see art. 67 LL), the employer is only required to pay twice the amount of the notice allowance.


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art 30 LL: the written notification of the dismissal must specify the reasons for the dismissal.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 28 LL provides that a fixed term contract can be terminated before the fixed term in case of gross negligence or agreement between the parties.

    Art. 30 LL provides that an open-ended contract can always be terminated at the will of either party provided that there are legitimate motives for terminating the contract.
    See also art. 1(12) which defines unfair dismissal as "termination of employment contract by the employer without justifiable reason or observance of procedures established by law".


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; couleur; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; statut financier ; origine ethnique
Remarks:
  • The LL does not contain a list of prohibited grounds for dismissal.
    However, it contains a general prohibition of discrimination in work matter.
    Art. 12 LL prohibits direct or indirect discrimination aiming at denying workers the right to equal opportunity or equal treatment especially when the discrimination is
    based upon the following:
    1. Race, color, or origin;
    2. sex, marital status or family responsibilities;
    3. religion, beliefs or political opinions;
    4. social or economic conditions;
    5. country of origin;
    6. disability;
    7. previous, current or future pregnancy;
    8. any other type of discrimination.

    - Art. 114 LL prohibits an employer from relying on trade union membership or activities to take favourable or unfair decisions concerning a worker with regard to benefits and working conditions.

    - Art. 67 LL prohibits the employer from giving notice of dismissal during maternity leave.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec une invalidité consolidée
Remarks:
  • - Women on maternity leave:
    Prohibition to dismiss a woman during maternity leave (art. 67 LL)

    - Workers' representatives:
    In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to higher compensation: a maximum of 9 months' pay (instead of 6 months' pay).

    - Injured workers declared unfit to work:
    Art. 100 LL: The employer shall notify the Labor Inspector prior to dismissing a worker dismissed due to an accident.

    It is also worth noting that in case of termination of the employment contract during paid leave or suspension period by the employer, the notice allowance is doubled (art. 31 LL).
    Reasons for the suspension of the employment contract are listed in art. 25 LL, as follows:
    1. absence from work due to a disease confirmed by a recognized medical doctor;
    2. worker's unavailability due to a work accident or a professional disease;
    3. maternity leave of a woman;
    4. a strike or lock-out which comply with the procedures regulating the labour collective dispute;
    5. worker's absence authorised by the employer by virtue of collective conventions or individual agreements between employer and worker;
    6. worker's lay-off;
    7. pre-trial detention of a worker for a period not exceeding six (6) months;
    8. training of the worker organized by a trade union to which he/she is entitled as per the modalities set by the law or collective conventions ;
    9. suspension of the enterprise's activity due to technical reasons;
    10. in case of force majeure or any other reason provided for by the law with the effect of preventing one of the parties from fulfilling its obligation.

    In Rwanda, there is no prohibition of termination of employment during the suspension period (except for maternity leave, see art. 67 LL), the employer is only required to pay twice the amount of the notice allowance.


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art 30 LL: the written notification of the dismissal must specify the reasons for the dismissal.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 28 LL provides that a fixed term contract can be terminated before the fixed term in case of gross negligence or agreement between the parties.

    Art. 30 LL provides that an open-ended contract can always be terminated at the will of either party provided that there are legitimate motives for terminating the contract.
    See also art. 1(12) which defines unfair dismissal as "termination of employment contract by the employer without justifiable reason or observance of procedures established by law".


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; couleur; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; statut financier ; origine ethnique
Remarks:
  • The LL does not contain a list of prohibited grounds for dismissal.
    However, it contains a general prohibition of discrimination in work matter.
    Art. 12 LL prohibits direct or indirect discrimination aiming at denying workers the right to equal opportunity or equal treatment especially when the discrimination is
    based upon the following:
    1. Race, color, or origin;
    2. sex, marital status or family responsibilities;
    3. religion, beliefs or political opinions;
    4. social or economic conditions;
    5. country of origin;
    6. disability;
    7. previous, current or future pregnancy;
    8. any other type of discrimination.

    - Art. 114 LL prohibits an employer from relying on trade union membership or activities to take favourable or unfair decisions concerning a worker with regard to benefits and working conditions.

    - Art. 67 LL prohibits the employer from giving notice of dismissal during maternity leave.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec une invalidité consolidée
Remarks:
  • - Women on maternity leave:
    Prohibition to dismiss a woman during maternity leave (art. 67 LL)

    - Workers' representatives:
    In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to higher compensation: a maximum of 9 months' pay (instead of 6 months' pay).

    - Injured workers declared unfit to work:
    Art. 100 LL: The employer shall notify the Labor Inspector prior to dismissing a worker dismissed due to an accident.

    It is also worth noting that in case of termination of the employment contract during paid leave or suspension period by the employer, the notice allowance is doubled (art. 31 LL).
    Reasons for the suspension of the employment contract are listed in art. 25 LL, as follows:
    1. absence from work due to a disease confirmed by a recognized medical doctor;
    2. worker's unavailability due to a work accident or a professional disease;
    3. maternity leave of a woman;
    4. a strike or lock-out which comply with the procedures regulating the labour collective dispute;
    5. worker's absence authorised by the employer by virtue of collective conventions or individual agreements between employer and worker;
    6. worker's lay-off;
    7. pre-trial detention of a worker for a period not exceeding six (6) months;
    8. training of the worker organized by a trade union to which he/she is entitled as per the modalities set by the law or collective conventions ;
    9. suspension of the enterprise's activity due to technical reasons;
    10. in case of force majeure or any other reason provided for by the law with the effect of preventing one of the parties from fulfilling its obligation.

    In Rwanda, there is no prohibition of termination of employment during the suspension period (except for maternity leave, see art. 67 LL), the employer is only required to pay twice the amount of the notice allowance.


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art 30 LL: the written notification of the dismissal must specify the reasons for the dismissal.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 30 LL provides that an open-ended contract can always be terminated at the will of either party provided that there are legitimate motives for terminating the contract.
    See also art. 1(12) which defines unfair dismissal as "termination of employment contract by the employer without justifiable reason or observance of procedures established by law".


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; couleur; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; statut financier ; origine ethnique
Remarks:
  • The LL does not contain a list of prohibited grounds for dismissal.
    However, it contains a general prohibition of discrimination in work matter.
    Art. 12 LL prohibits direct or indirect discrimination aiming at denying workers the right to equal opportunity or equal treatment especially when the discrimination is
    based upon the following:
    1. Race, color, or origin;
    2. sex, marital status or family responsibilities;
    3. religion, beliefs or political opinions;
    4. social or economic conditions;
    5. country of origin;
    6. disability;
    7. previous, current or future pregnancy;
    8. any other type of discrimination.

    - Art. 114 LL prohibits an employer from relying on trade union membership or activities to take favourable or unfair decisions concerning a worker with regard to benefits and working conditions.

    - Art. 67 LL prohibits the employer from giving notice of dismissal during maternity leave.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec une invalidité consolidée
Remarks:
  • - Women on maternity leave:
    Prohibition to dismiss a woman during maternity leave (art. 67 LL)

    - Workers' representatives:
    In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to higher compensation: a maximum of 9 months' pay (instead of 6 months' pay).

    - Injured workers declared unfit to work:
    Art. 100 LL: The employer shall notify the Labor Inspector prior to dismissing a worker dismissed due to an accident.

    It is also worth noting that in case of termination of the employment contract during paid leave or suspension period by the employer, the notice allowance is doubled (art. 31 LL).
    Reasons for the suspension of the employment contract are listed in art. 25 LL, as follows:
    1. absence from work due to a disease confirmed by a recognized medical doctor;
    2. worker's unavailability due to a work accident or a professional disease;
    3. maternity leave of a woman;
    4. a strike or lock-out which comply with the procedures regulating the labour collective dispute;
    5. worker's absence authorised by the employer by virtue of collective conventions or individual agreements between employer and worker;
    6. worker's lay-off;
    7. pre-trial detention of a worker for a period not exceeding six (6) months;
    8. training of the worker organized by a trade union to which he/she is entitled as per the modalities set by the law or collective conventions ;
    9. suspension of the enterprise's activity due to technical reasons;
    10. in case of force majeure or any other reason provided for by the law with the effect of preventing one of the parties from fulfilling its obligation.

    In Rwanda, there is no prohibition of termination of employment during the suspension period (except for maternity leave, see art. 67 LL), the employer is only required to pay twice the amount of the notice allowance.


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art 30 LL: the written notification of the dismissal must specify the reasons for the dismissal.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 30 LL provides that an open-ended contract can always be terminated at the will of either party provided that there are legitimate motives for terminating the contract.
    See also art. 1(12) which defines unfair dismissal as "termination of employment contract by the employer without justifiable reason or observance of procedures established by law".


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; couleur; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; statut financier ; origine ethnique
Remarks:
  • The LL does not contain a list of prohibited grounds for dismissal.
    However, it contains a general prohibition of discrimination in work matter.
    Art. 12 LL prohibits direct or indirect discrimination aiming at denying workers the right to equal opportunity or equal treatment especially when the discrimination is
    based upon the following:
    1. Race, color, or origin;
    2. sex, marital status or family responsibilities;
    3. religion, beliefs or political opinions;
    4. social or economic conditions;
    5. country of origin;
    6. disability;
    7. previous, current or future pregnancy;
    8. any other type of discrimination.

    - Art. 114 LL prohibits an employer from relying on trade union membership or activities to take favourable or unfair decisions concerning a worker with regard to benefits and working conditions.

    - Art. 67 LL prohibits the employer from giving notice of dismissal during maternity leave.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec une invalidité consolidée
Remarks:
  • - Women on maternity leave:
    Prohibition to dismiss a woman during maternity leave (art. 67 LL)

    - Workers' representatives:
    In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to higher compensation: a maximum of 9 months' pay (instead of 6 months' pay).

    - Injured workers declared unfit to work:
    Art. 100 LL: The employer shall notify the Labor Inspector prior to dismissing a worker dismissed due to an accident.

    It is also worth noting that in case of termination of the employment contract during paid leave or suspension period by the employer, the notice allowance is doubled (art. 31 LL).
    Reasons for the suspension of the employment contract are listed in art. 25 LL, as follows:
    1. absence from work due to a disease confirmed by a recognized medical doctor;
    2. worker's unavailability due to a work accident or a professional disease;
    3. maternity leave of a woman;
    4. a strike or lock-out which comply with the procedures regulating the labour collective dispute;
    5. worker's absence authorised by the employer by virtue of collective conventions or individual agreements between employer and worker;
    6. worker's lay-off;
    7. pre-trial detention of a worker for a period not exceeding six (6) months;
    8. training of the worker organized by a trade union to which he/she is entitled as per the modalities set by the law or collective conventions ;
    9. suspension of the enterprise's activity due to technical reasons;
    10. in case of force majeure or any other reason provided for by the law with the effect of preventing one of the parties from fulfilling its obligation.

    In Rwanda, there is no prohibition of termination of employment during the suspension period (except for maternity leave, see art. 67 LL), the employer is only required to pay twice the amount of the notice allowance.


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art 30 LL: the written notification of the dismissal must specify the reasons for the dismissal.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 30 LL provides that an open-ended contract can always be terminated at the will of either party provided that there are legitimate motives for terminating the contract.
    See also art. 1(12) which defines unfair dismissal as "termination of employment contract by the employer without justifiable reason or observance of procedures established by law".


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; couleur; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; statut financier ; origine ethnique
Remarks:
  • The LL does not contain a list of prohibited grounds for dismissal.
    However, it contains a general prohibition of discrimination in work matter.
    Art. 12 LL prohibits direct or indirect discrimination aiming at denying workers the right to equal opportunity or equal treatment especially when the discrimination is
    based upon the following:
    1. Race, color, or origin;
    2. sex, marital status or family responsibilities;
    3. religion, beliefs or political opinions;
    4. social or economic conditions;
    5. country of origin;
    6. disability;
    7. previous, current or future pregnancy;
    8. any other type of discrimination.

    - Art. 114 LL prohibits an employer from relying on trade union membership or activities to take favourable or unfair decisions concerning a worker with regard to benefits and working conditions.

    - Art. 67 LL prohibits the employer from giving notice of dismissal during maternity leave.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec une invalidité consolidée
Remarks:
  • - Women on maternity leave:
    Prohibition to dismiss a woman during maternity leave (art. 67 LL)

    - Workers' representatives:
    In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to higher compensation: a maximum of 9 months' pay (instead of 6 months' pay).

    - Injured workers declared unfit to work:
    Art. 100 LL: The employer shall notify the Labor Inspector prior to dismissing a worker dismissed due to an accident.

    It is also worth noting that in case of termination of the employment contract during paid leave or suspension period by the employer, the notice allowance is doubled (art. 31 LL).
    Reasons for the suspension of the employment contract are listed in art. 25 LL, as follows:
    1. absence from work due to a disease confirmed by a recognized medical doctor;
    2. worker's unavailability due to a work accident or a professional disease;
    3. maternity leave of a woman;
    4. a strike or lock-out which comply with the procedures regulating the labour collective dispute;
    5. worker's absence authorised by the employer by virtue of collective conventions or individual agreements between employer and worker;
    6. worker's lay-off;
    7. pre-trial detention of a worker for a period not exceeding six (6) months;
    8. training of the worker organized by a trade union to which he/she is entitled as per the modalities set by the law or collective conventions ;
    9. suspension of the enterprise's activity due to technical reasons;
    10. in case of force majeure or any other reason provided for by the law with the effect of preventing one of the parties from fulfilling its obligation.

    In Rwanda, there is no prohibition of termination of employment during the suspension period (except for maternity leave, see art. 67 LL), the employer is only required to pay twice the amount of the notice allowance.


+ show references

Obligation d'informer le travailleur des raisons du licenciement : Oui
Remarks:
  • Art 30 LL: the written notification of the dismissal must specify the reasons for the dismissal.


Motifs autorisés (licenciement justifié) : tout motif légitime
Remarks:
  • Art. 30 LL provides that an open-ended contract can always be terminated at the will of either party provided that there are legitimate motives for terminating the contract.
    See also art. 1(12) which defines unfair dismissal as "termination of employment contract by the employer without justifiable reason or observance of procedures established by law".


Motifs prohibés: état matrimonial; grossesse ; congé de matérnité; responsabilités familiales; couleur; religion ; opinion politique ; origine sociale ; nationalité/origine nationale ; affiliation et activités syndicales ; handicap; statut financier ; origine ethnique
Remarks:
  • The LL does not contain a list of prohibited grounds for dismissal.
    However, it contains a general prohibition of discrimination in work matter.
    Art. 12 LL prohibits direct or indirect discrimination aiming at denying workers the right to equal opportunity or equal treatment especially when the discrimination is
    based upon the following:
    1. Race, color, or origin;
    2. sex, marital status or family responsibilities;
    3. religion, beliefs or political opinions;
    4. social or economic conditions;
    5. country of origin;
    6. disability;
    7. previous, current or future pregnancy;
    8. any other type of discrimination.

    - Art. 114 LL prohibits an employer from relying on trade union membership or activities to take favourable or unfair decisions concerning a worker with regard to benefits and working conditions.

    - Art. 67 LL prohibits the employer from giving notice of dismissal during maternity leave.


Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs; femmes enceintes ou en congé de maternité; travailleurs avec une invalidité consolidée
Remarks:
  • - Women on maternity leave:
    Prohibition to dismiss a woman during maternity leave (art. 67 LL)

    - Workers' representatives:
    In case of an unlauful dismissal, workers' delegates and trade union representatives are entitled to higher compensation: a maximum of 9 months' pay (instead of 6 months' pay).

    - Injured workers declared unfit to work:
    Art. 100 LL: The employer shall notify the Labor Inspector prior to dismissing a worker dismissed due to an accident.

    It is also worth noting that in case of termination of the employment contract during paid leave or suspension period by the employer, the notice allowance is doubled (art. 31 LL).
    Reasons for the suspension of the employment contract are listed in art. 25 LL, as follows:
    1. absence from work due to a disease confirmed by a recognized medical doctor;
    2. worker's unavailability due to a work accident or a professional disease;
    3. maternity leave of a woman;
    4. a strike or lock-out which comply with the procedures regulating the labour collective dispute;
    5. worker's absence authorised by the employer by virtue of collective conventions or individual agreements between employer and worker;
    6. worker's lay-off;
    7. pre-trial detention of a worker for a period not exceeding six (6) months;
    8. training of the worker organized by a trade union to which he/she is entitled as per the modalities set by the law or collective conventions ;
    9. suspension of the enterprise's activity due to technical reasons;
    10. in case of force majeure or any other reason provided for by the law with the effect of preventing one of the parties from fulfilling its obligation.

    In Rwanda, there is no prohibition of termination of employment during the suspension period (except for maternity leave, see art. 67 LL), the employer is only required to pay twice the amount of the notice allowance.