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Rwanda - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Rwanda - 2019    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • Art. 30 LL.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Art. 30 LL establishes the following legal limits for the calculation of compensation for unfair dismissal:

- Workers with up to 10 years of service:
Not less than 3 months' salary and up to a maximum of 6 months' salary.

- Workers with over 10 years of service:
Not less than 3 months' salary and up to a maximum of 9 months' salary.

- Trade union and staff representatives (regardless of seniority) :
Not less than 3 months' salary and up to a maximum of 9 months' salary.

Remarks:
  • Art. 30 LL.

Reinstatement available: No

Remarks:
  • However, Art. 22 LL establishes that any employee dismissed for economic or technical reasons, and whose dismissal does not last more than six (6) months is entitled to be reinstated in employment without competition when he/she meets the profile required for the position to which the employer seeks to fill.

Preliminary mandatory conciliation: Yes

Remarks:
  • Art. 102 LL:
    When an individual labour dispute arises, the concerned party shall request the employees' representatives to settle it amicably.
    - In case the dispute is not settled, it shall be referred to the local Labour Inspector for an out-of-court settlement.
    - When conciliation efforts fail, the dispute may be taken before the competent court.
    - If the above mentioned steps have not been followed, the court may declare the claim inadmissible.

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: Yes

Remarks:
  • Only for collective labour disputes (arts. 144-150 LL)