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Rwanda - Working time - 2011


LAST UPDATE

08 April 2011.
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SOURCES


Name of Act

Name of Act

Ministerial Decree 12/19, from 14/03/2003 on circumstantial leave.

Name of Act

Presidential Decree N.07/01 from 06/03/1996 establishing the national holidays.

Name of Act

Ministerial Decree N. 05/19 from 14/03/2003 on overtime work.

Name of Act

Act N. 51/2001, establishing Labour Law, from 30/12/2001.

LEGAL DEFINITIONS


Employee/worker

Any person who commits him/herself to put his/her professional activity in return for payment under the direction and authority of another physical or moral, public or private person.
Labour Code §1(32)

Employer

any physical or moral, public or private person that employs one or several workers, even in a discontinuous way.
Labour Code §1(31)

Young worker

A child is definded as any human being below the age of eighteen years.
Labour Code § 1

NORMAL HOURS LIMITS


Daily hours limit


General limit

No general statutory daily hours limit.
The timetable for daily work and rest is fixed by the employer.

In each company, after consulting the workers representatives, if there is one, the employer shall determine the daily working time, indicating the beginning and the end of it. Nevertheless, the daily working time shall never exceed 10 hours per day.
Labour Code §51
Ministerial Decree N. 05/19 from 14/03/2003 on overtime work. §6(1)
Historical data (year indicates year of data collection)
  • 2009: No general statutory daily hours limit. The timetable for daily work and rest is fixed by the employer.

Weekly hours limit


General limit

In all enterprises, the legal employment’s duration is forty five (45) hours per week. However, due to the specific nature of the work the weekly working hours shall be based upon the agreement between the two parties.
Labour Code § 49
Historical data (year indicates year of data collection)
  • 2009: 45 hours, unless otherwise agreed by the parties.
  • 2007: 40 hours
  • 1995: 45 hours.

Exceptions

The Minister in charge of Labour shall by, way of an order and after consultation with the National Labour Council, determine modalities for application of forty five (45) hours per week.
Labour Code § 50

OVERTIME WORK


Criteria for overtime


General

Overtime may happen in the following cases:
- Urgent work;
- Exceptional work;
- Seasonal work;
- Work in order to maintain the growing production.
Ministerial Decree N. 05/19 from 14/03/2003 on overtime work. §4

Limits on overtime hours


General limits

The hours worked beyond the weekly working hours limit shall be considered as overtime and paid as such.

Due to the preparatory or complementary nature of certain work which may need to be performed over the normal working hours, the working hours can be extended up to one hour per day for:

- the supervisory staff and team leaders whose presence is essential for the preparation of tasks or coordination of the shift work;
- Automobiles drivers, shippers, warehousemen, weighers, pointers to material and personnel;
- Staff in charge of preparing or cleaning the material or workplaces, workers affected specially with ovens, furnaces, drying grounds, refrigeration equipment, mechanics and electricians in charge of traction, lifting or carrying.

Because of urgent and unforseen work, the weekly working hours limit can be exceeded and extended in 10 hours, during a period of 60 working days per year, in the following cases:

- Unforseen work necessary to load or unload transportation vehicules, in order to avoid the loss of perishable goods or to avoid the stoppage of continuous production;
- Urgent work in order to prevent imminent accidents, to organise rescue measures or to fix accidental damages occured in facilities that may impede their normal operation;
- Urgent work in order to stop a national danger.
Ministerial Decree N. 05/19 from 14/03/2003 on overtime work. §10(2), 12, 15
Historical data (year indicates year of data collection)
  • 1995: 2 hours a day during a maximum of 60 working days per year.

Compensation for overtime work


Overtime rate(s)

The hours worked beyond the legal regular working time or recognized equivalent give the right to supplementary pay, as it follows:

- 50% of increase for hours worked between the 46th and 55th hours.
- 70% of increase for hours worked beyond the 55th hour.
- 70% of increase for hours worked during the night in working days.
- 100% of increase for hours worked during non-working days or holidays.
- 120% of increase for hours worked during the night in non-working days or holidays.
Ministerial Decree N. 05/19 from 14/03/2003 on overtime work. §24
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Historical data (year indicates year of data collection)
  • 2009: No provisions identified.
  • 2007: Overtime hours attract an increase in pay when they are performed beyond the weekly hours limit in the workplace. 50% for the 41st-50th hour; 70% beyond the 50th hour; 70% for night work on working days; 100% for work during weekly rest days and public holidays; 120% for night hours performed during weekly rest days and public holidays.
  • 1995: 50% premium for the first 2 hours. 70% thereafter, 70% at night on normal working days. 100% for day work and 120% at night during non-working days.

SCHEDULES


General

The timetable for daily work and rest is fixed by the employer.
Labour Code §51

REST PERIODS


Rest breaks


General provisions

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

Special categories


» Disabled workers

Where necessary and due to the work to be performed, the disabled worker shall be granted such working conditions as suitable to his/her disability.
Labour Code § 98

Daily rest periods


Duration

(No general statutory provisions on daily rest.)
Historical data (year indicates year of data collection)
  • 1995: No general daily rest period. 12 consecutive hours for women and young persons.

Weekly rest periods


Duration

The weekly rest is necessary for all workers under this law. This rest shall not be less than twenty four (24) consecutive hours per week. It normally takes place on Sunday. Where possible the rest shall be granted at the same time for all the workers in the entreprise.
Labour Code §52

Day specified

It normally takes place on Sunday. Where possible the rest shall be granted at the same time for all the workers in the entreprise.
Labour Code §52

Special categories


» Young workers

The rest between two working periods for a child shall be of a minimum duration of twelve consecutive hours.
Labour Code § 5

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Duration


» General

Except for more favorable provisions from collective conventions between employer and worker or individual employment contract, every worker shall be 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 work. Official holidays shall not be considered as part of the annual paid leave. The worker shall benefit from one working day per year of annual paid leave for every three years of experience in the same institution. However, annual paid leave, in any case, can not exceed twenty one (21) working days.
Labour Code §53(1)
Historical data (year indicates year of data collection)
  • 2009: 18 days (one and a half days per month).
  • 2007: 18 days (one and a half days per month)
  • 1995: 18 working days.

» Exceptions

If the worker works less than fourty five (45) hours per week, his/her leave is counted to the prorota of the hours she/he worked for.

A less than eighteen (18) years old worker is entitled to a two (2) working days leave per month of continued work.
Labour Code §53(2)(3)

Payment


» Amount

The employer must pay the worker an allocation equal to the average of salaries the worker received for the last twelve months and other benefits he/she is entitled to as provided for by the employment contract.
Labour Code § 55

Schedule and splitting

At the beginning of the year, the employer establishes the annual leave timetable for all his/her staff. The leve period shall not be delayed or anticipated by the employer for more than a three months period unless is so agreed between the worker and employer. The action of requesting for a leave remains valid within two years from the date where the worker enjoys the right to the leave. A request for leave is made by the worker in writing and the employer shall respond to the request in writing, too.
Labour Code § 54

Work during annual leave

The leave is granted to the worker for the purpose of allowing him/her to rest; the grant of a compensatory allowance in replacement of a leave is formally prohibited in all other cases.

However, in case of contract termination or expiry before the worker has benefited from his/her leave, a compensation indemnity is paid in lieu of the leave he/she was entitled to and which calcualted is as provided for in article 53 of this law.

The employer must grant one extra day of paid leave to a worker :

1. if there is a public holiday during the annual leave of the worker;

2. if the worker has normally worked during his/her annual leave.
Labour Code §57, 56

Special categories


» Young workers

A less than eighteen (18) years old worker is entitled to a two (2) working days leave per month of continued work.
Labour Code §53

PUBLIC HOLIDAYS

Official holidays shall be determined by a Presidential Order. For every public holiday, the worker shall benefit from his/her full salary.
Labour Code §59

Number and dates

07 days.

The official national holidays are:

1 January (New Year)
7 April (Memoir to the Genocide Day)
1 May (Labour Day)
1 July (Independence Day)
4 July (Liberation Day)
25 December (Christmas Day)
The day EID-EL-FITR (this date shall be comunicated every year by the R.M.A (Rwanda’s Muslims Association).
Presidential Decree N.07/01 from 06/03/1996 establishing the national holidays. §1

Payment

For every public holiday, the worker shall benefit from his/her full salary.
Labour Code § 59

Work on Public Holidays


» Compensation

The employer must grant one extra day of paid leave to a worker if there is a public holiday during the annual leave.

The hours worked beyond the legal regular working time or recognized equivalent give the right to supplementary pay, as it follows:

- 100% of increase for hours worked during non-working days or holidays.
- 120% of increase for hours worked during the night in non-working days or holidays.
Labour Code §56
Ministerial Decree N. 05/19 from 14/03/2003 on overtime work. §24

EMERGENCY FAMILY LEAVE

The worker has the right to an incidental leave in case of good or unfortunate events which may occur in his/her family. Incidental leaves shall be determined by an order of the Minister in charge of Labour.

Unless there are more favourable provisions agreed, the worker is entitled to the following family leaves, without loss of of salary:

Mariage of the worker: 2 working days;
Birth of a child: 4 working days;
Death of the spouse: 6 working days;
Death of an ascedent or a direct descendent of first degree: 3 working days;
Death of a brother or a sister: 2 working days;
Death of the father-in-law or mother-in-law: 2 working days;
Death of a brother-in-law or a sister-in-law: 1 working day;
Moving away of the worker to another province or district: 2 working days.
Labour Code §63
Ministerial Decree 12/19, from 14/03/2003 on circumstantial leave. §1

NIGHT WORK

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.
Act N. 51/2001, establishing Labour Law, from 30/12/2001. §60

Special categories


Young workers

The child shall be subject to the work which is propotionate to his/her capacity. The child cannot be employed in the nocturnal, laborious, unsanitary or dangerous services for his/her health as well as his/her education and morality.

It is forbidden to employ on night work children under 16 years of age.
Labour Code §6
Act N. 51/2001, establishing Labour Law, from 30/12/2001. §61

Pregnant workers/recent birth

Pregnant or breastfeeding woman shall not be employed in activities which may be harmful to their lives or to those of their babies.

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.
Labour Code §74
Act N. 51/2001, establishing Labour Law, from 30/12/2001. §62

SHORT-TIME WORK/WORK-SHARING

The contract of employment can be oral or written. It can be signed in the form that is suitable to the contracting parties provided the provisions of article 19 of this law are observed. All the means available may be invoked in its proving. It can be a fixed term contract an open-ended contract or for a well defined work. In all cases, contract of employment between worker and various employers if they are not compromising one another are accepted.
Labour Code §15

Limits

Fixed-term contract can be renewed as many times as agreed on by the parties.
Labour Code §16

RIGHT TO CHANGE WORKING HOURS

Where, due to suspension of contract following a disease or accident, a group of three medical doctors recognized by Government declare the worker unfit to resume the service he/she occupied, the employer is requested to shift the worker to another job adapted to his/her capacity and at the same level as the previously occupied post where possible, and transfer if need be by mutation or transformation of the working post.

Where there is no redeployment of a worker one month after the date on which doctors have declared him/her fit or unfit to resume service, the employer shall pay him/her the same salary as the one paid for the post he/she previously occupied.
Labour Code §99

Right to information

The employer shall inform the Labour Inspector of the area that the worker who had been victim of the accident has been either redeployed, assigned a new position or dismissed due to the accident.
Labour Code §100

Results generated on: 19th December 2014 at 17:31:23.
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