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Burundi - Working time - 2011


LAST UPDATE

16 May 2011.
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SOURCES


Name of Act

Decree Fixing the Schedule of Public Holidays, Decree No. 100/182 of 17 July 2006

Name of Act

Decree on Legal Duration of Working Time, Decree No. 630/117 of 9 May 1979
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Name of Act

Ordinance Regarding Work on Weekly Rest Days, Ordinance No. 650/22 of 17 February 1984

Name of Act

Labour Code, Law n°1-037 of 07 July 1993

Name of Act

Ordonance on Extra Pay for Overtime Work, Night Work, Work on Weekly Rest Days and Work on Public Holidays, Ordinance No. 630/116 of 9 May 1979

LEGAL DEFINITIONS


Working time/working hours

Hours during which the worker is at the disposal of her/his employer.
Labour Code § 112

Employee/worker

A worker is every physical person no matter of which age and sex and nationality who engages in a working contract with an employer.
Labour Code § 15

Employer

An employer is every person under public or private law who uses the services of one or more workers under a working contract.
Labour Code § 15

Night work(er)

Night work is the work between 22.00 and 05.00.
Labour Code § 118

NORMAL HOURS LIMITS


Daily hours limit


General limit

The duration of work shall be normally of 8 hours per day and 40 hours per weeks. Working hours are those in which the work is at the employer’s service.
Labour Code §112(1)
Historical data (year indicates year of data collection)
  • 2009: 8 hours.
  • 2007: 8 hours

Exceptions

Collective agreements or agreements with staff representatives can provide that hours on certain days will be less than 8 hours and this limit exceeded on other days, to a weekly limit of 45 hours.
Decree on Legal Duration of Working Time § 3

Special categories


» Shift work

The 8 hour limit can be exceeded to a limit of 10 hours, provided that the average hours over a 21 day period do not exceed 8 hours daily or 45 hours weekly.
Decree on Legal Duration of Working Time § 3

Weekly hours limit


General limit

The duration of work shall be normally of 8 hours per day and 40 hours per weeks. Working hours are those in which the work is at the employer’s service.
Labour Code §112
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Historical data (year indicates year of data collection)
  • 2009: 45 hours.
  • 2007: 45 hours
  • 1995: 45 hours.

Exceptions

The 45 hour limit can be exceeded temporarily to respond to extraordinary workloads. The additional hours must be limited to 15 hours per week within a yearly limit of 150 hours.
Prior authorisation by the labour inspectorate is required. Requests for authorisation must include: the view of the workers concerned; the number of workers concerned; the number of hours and rest periods; and the reason that other methods of responding to the workload are not available (e.g. hiring extra workers).
In certain undertakings and occupations, a higher number of hours are established as equivalent to 45 hours due to the intermittent character of the work (e.g. guarding or surveillance staff (60 hours), and hotel and catering staff (54 or 60 hours, depending on the type of job).

HOURS AVERAGING
Regular working time can vary (horaire modulé), provided that this is agree in a collective agreement and that regular weekly working time is averaged over a period not exceeding one year.
Decree on Legal Duration of Working Time §§ 8, 10
Labour Code §113

Special categories


» Shift work

The 45 hour limit can be exceeded, if written authorisation is obtained from the labour inspectorate. Working hours in an individual week cannot exceed 56 hours and workers are entitled to a weekly rest period of a minimum of 24 hours.
Decree on Legal Duration of Working Time § 4

OVERTIME WORK


Criteria for overtime


General

The following work is exempted from the 8 hour limit on a permanent basis:
preparatory or complementary work that must be performed outside of normal hours of work; and work that cannot be completed within the 8 hour limit, due to its nature or to exceptional circumstances.

The legislation lists occupations and circumstances where overtime is permitted on this basis and the limit on the overtime hours. They include mechanics, electricians, team leaders and for exceptional circumstances (1 hour of overtime work); and urgent loading and unloading of transport vehicles (2 hours of overtime work).

Temporary exceptions to the 8 hour daily limit are permitted to recuperate hours that have been "lost" due to collective interruptions of work such as accidents, a lack of raw materials and natural disasters. Prior authorisation from the labour inspectorate is required. A temporary exception from the 8 hour limit is also permitted in order to perform urgent work to prevent accidents, arrange safety measures or save crops or perishable goods. In these cases, the overtime hours may be performed without limit on the first day, and to a maximum of 2 hours beyond the normal limit on the following days.
Decree on Legal Duration of Working Time §§ 3, 9

Limits on overtime hours


General limits

In cases of urgent or exceptional work due to a higher demand of work, the employer has the right to extend working time to a limit of 15 hours per week, and 150 hours per year. Every employer who decides to proceed with this extension shall ask for the labour inspectorate’s authorization before.
Decree on Legal Duration of Working Time §10(3)
Historical data (year indicates year of data collection)
  • 2009: 15 hours per week or 150 hours per year of overtime.
  • 1995: n.a.

Compensation for overtime work


Overtime rate(s)

Every hour considered as overtime as stated by the Decree 630/117, from 09/05/1979, entitle the worker to the following compensation:

1. 35% for each of the first two hours worked after the legal weekly working time, or the weekly presence considered as equivalent;
2. 60% for each of the following hours.
Ordonance on Extra Pay for Overtime Work, Night Work, Work on Weekly Rest Days and Work on Public Holidays §2
Historical data (year indicates year of data collection)
  • 2009: 35% increase (first 2 overtime hours) 60% increase (subsequent hours) 100% increase (weekly rest days and public holidays)
  • 2007: 35% increase (first 2 overtime hours) 60% increase (subsequent hours) 100% increase (weekly rest days and public holidays)
  • 1995: n.a.

Special categories


Night work

Except for those working with surveillance or caretaking, every hour worked between 22h and 05h entitles the worker to an increase of 35% of the salary. This increase may eventually be cumulated with those mentioned in articles 2 and 3.
Ordonance on Extra Pay for Overtime Work, Night Work, Work on Weekly Rest Days and Work on Public Holidays §4

REST PERIODS


Rest breaks


General provisions

(No general statutory provisions on rest breaks.)
Historical data (year indicates year of data collection)
  • 2009: (No general statutory provisions on rest breaks.)
  • 1995: No legal provision.

Daily rest periods


Duration

(No general statutory provisions on daily rest.)
Historical data (year indicates year of data collection)
  • 2009: (No general statutory provisions on daily rest.)
  • 1995: No general daily rest.

Special categories


» Young workers

Children at industrial companies are entitled to at least 12 consecutive hours of rest between two working days.
Labour Code §120

Weekly rest periods


Duration

Every worker employed either in a public or private establishment is entitled to a maximum of 24 consecutive hours of weekly rest period, during a period of seven days. This rest day shall be given, whenever possible, to all workers in at the same time.

The weekly rest day shall be, in principle, taken on sundays.
Labour Code §114(1)(2)

Day specified

The weekly rest day shall be, in principle, taken on sundays.
Labour Code §114(2)

Work on weekly rest day


» Criteria

Staff may work during the weekly rest day and public holidays if the workers benefit from 24 consecutive hours of rest during the week or the following week, if employed in listed sectors which include catering and hotels, medical establishments, transport, water distribution, etc.
In the above listed undertakings, the weekly rest day may be granted in shift, leaving the choice to the employer.
Guarding staff may work during weekly rest days and public holidays if they are granted compensatory rest during the 12 months following the day when the exception was made.
In case of accident occurred or about to occur, of force majeure, or of urgent work to perform, staff necessary to the performance of these tasks may work during weekly rest days or public holidays.
In order to prevent loss of perishable goods or to respond to extraordinary work overload, staff may be employed on weekly rest days or public holidays, to a maximum of 12 times yearly.
Prior authorisation by the Labour Inspector is required for all these exceptions.
Ordinance Regarding Work on Weekly Rest Days §§ 4, 7, 8

» Compensation (for working on a rest day)

Work performed during weekly rest period or holidays shall entitle the worker to a compensation of 100% of the salary.
Ordonance on Extra Pay for Overtime Work, Night Work, Work on Weekly Rest Days and Work on Public Holidays §3

Special categories


» Domestic workers

Domestic staff may work during weekly rest day and public holidays if they are granted compensatory rest of one day or two half days during the week.
Ordinance Regarding Work on Weekly Rest Days §§ 4, 8

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

Every worker is entitled, each year, to annual leave paid by the employer, in the following conditions:

A) Reference period giving the right to the paid annual leave:

The worker is entitled to the annual leave:
When, for the first time, he/she completes 12 months of service for the employer;
After that, every time he/she completes another 12 months of supplementary service, in the course of an employment contract.

B)Duration of the annual leave.

The duration of the annual leave to which the worker is entitled shall be fixed by the Minister having Labour as one of his working issues, after having consulted the National Labour Council, whenever there is no collective agreement regulating the subject.

However, the duration cannot be inferior to:
1 and 2/3 working days per month completed of service. The right to the leave is assured after a working time of at least one month.
Labour Code §130(1)A)B)

Duration


» General

Every worker is entitled, each year, to annual leave paid by the employer, in the following conditions:

B)Duration of the annual leave.

The duration of the annual leave to which the worker is entitled shall be fixed by the Minister having Labour as one of his working issues, after having consulted the National Labour Council, whenever there is no collective agreement regulating the subject.

However, the duration cannot be inferior to:
1 and 2/3 working days per month completed of service. The right to the leave is assured after a working time of at least one month.
Labour Code §130(1)B)
Historical data (year indicates year of data collection)
  • 2009: One and two-thirds days per month.
  • 2007: One and two-thirds days per month
  • 1995: 20 working days.

Payment


» Amount

For each working day of the leave, the worker is entitled to a benefit equal to the daily wage, paid by the employer, as defined by art. 15. However, the employer is not obliged to pay circumstantial leaves, unless the worker has already worked for at least 15 days.

Besides that, the worker has also the right, during the annual leave, to all in-kind payments due by the employer. Once the worker requires it at least 8 days before the beginning of the leave, the employer is obliged to pay the amount in cash of the due in-kind payments to the worker, with the exception of furniture and accomodation.
Labour Code §133(1), 134(1)

» Date of payment

The benefits for the annual leave shall be paid to the worker:
a) at the latest, the last working day before the beginning of the leave, whenever it is not a circumstantial leave.
Labour Code §133(5)a)
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Schedule and splitting

If not specified in a collective agreement, the date of leave is fixed by the employer on consultation with the worker and the enterprise council, taking into account the requirements of the work to be performed, and the worker’s possibilities for rest.
The employer is allowed to split the annual leave entitlement with the worker’s consent, but the period should be a minimum of 6 continuous week days between 2 weekly rest days.
Labour Code § 130

PUBLIC HOLIDAYS


Number and dates

Thirteen days.

1 January (New Year)
5 February (Reconciliation Day)
6 April (Commemoration of the Assasination of President NTARYAMIRA)
Day of Ascension
1 May (Labour Day)
1 July (Independence Day)
15 August (Assomption)
13 October (Commemoration of the Assasination of Prince Louis RWAGASORE)
21 October (Commemoration of the Assasination of President NDADAYE)
1 November (All Saints Day)
25 December (Christmas)
Aid-el-Fithr
Aid-el-Hadj
Decree Fixing the Schedule of Public Holidays §1

Work on Public Holidays


» Compensation

Workers employed during the holidays mentioned in article 1 of this decree are entitled to receive, for the work performed, a salary equal to that he/she would have received in a normal day plus a compensation for overtime work.

Work performed during weekly rest period or holidays shall entitle the worker to a compensation of 100% of the salary.
Decree Fixing the Schedule of Public Holidays §2(2)
Ordonance on Extra Pay for Overtime Work, Night Work, Work on Weekly Rest Days and Work on Public Holidays §3

NIGHT WORK


Criteria for night work

Night work is that performed between 22h and 05h.
Labour Code §117

Compensation

Except for those working with surveillance or caretaking, every hour worked between 22h and 05h entitles the worker to an increase of 35% of the salary. This increase may eventually be cumulated with those mentioned in articles 2 and 3.
Ordonance on Extra Pay for Overtime Work, Night Work, Work on Weekly Rest Days and Work on Public Holidays §4
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Special categories


Young workers

Children below the age of 18 are not allowed to work in a public or private establishment.
Exceptions can be made under exceptinal circumstances or special paracteristics fo the profession or the formation.
Labour Code §118, 121

SHORT-TIME WORK/WORK-SHARING


General provisions

Short-Term contracts are:
a)Contracts which the duration or termination are precisely agreed;
b)Contracts concluded for the execution of a certain work;
c)Contracts concluded for the replacement of an absent worker or in the case of an exceptional increase of work;
d)Contracts subordonate to a future and certain event which does not depend exclusively of the will of the parties, but which is indicated precisely.
Labour Code §26(1)

Limits

A short-term contract cannot be renewed more than twice, unless it regards temporary workers.
Labour Code §26(3)

INFORMATION & CONSULTATION


Information

Where all staff take weekly rest on the same day, collective days and hours of rest must be posted in advance at the workplace. In case of weekly rest not granted collectively to all staff, employer must post, in advance, the names of the workers under a special regime and describe that regime. In case of daily and hourly rest granted as exceptions to the general rule on weekly rest, these must be posted at the workplace.
Ordinance Regarding Work on Weekly Rest Days § 13

Results generated on: 21st October 2014 at 00:52:00.
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