Written Employment Particulars
According to the Labour Code, employment contract is any contract, either oral or written, by virtue of which a person agrees to work for an employer in return for pay. It can be concluded for a fixed term, opened ended or for a well-defined task, based on employer and worker's mutual consent. However, an employment contract must be in writing written if it is concluded for a period of three or more months. A foreign worker, working in Rwanda, must also be given a written employment contract.
A written contract must contain the information on: its legal basis; complete identity of both parties and place of work; nature and duration of contract; nature of job; probation period; notice period; salary, allowance and deductions, date and place of payment; rate of overtime remuneration; relevant collective labour convention; and internal rules and regulations; employment category and level of occupation; weekly working hours; and other clauses favourable to the worker.
An employment contract must be concluded in any of the official languages in Rwanda (Kinyarwanda, Swahili, English, French). If a contract is concluded in more than one language, a language must be indicated which is referred to in resolution of a dispute that may arise in contract implementation. An employment contract must be drafted in a language that both parties can understand. If parties do not understand the same language, the employment contract must be concluded in two languages, where one language is understood by each party to the contract.
Obligations of employer and worker are also mentioned in the contract and their commitment to respect them in good faith in conformity with the Law. Employment contract also contain provisions related to contract termination and conflict resolution in the execution of the employment contract of both parties and the competent courts to refer to in the resolution of the conflict. Under the labour law, it is the responsibility of employer to provide an employee with a written employment contract and its copy.
Source: §11 & 39 of the Law regulating Labour in Rwanda, 2018 (No. 66/2018); Ministerial Order Nº 007/19.20 of 17/03/2020 determining the Core elements of a written employment contract
Fixed Term Contracts
Rwandan labour Law allows hiring fixed-term contract workers for tasks of permanent nature. The 2018 labour law allows for fixed term contracts. Under the earlier law, a worker hired for a fixed-term or an unspecified period that lasted more than six (6) consecutive months with the same employer was considered a permanent worker.
The 2009 and 2018 versions of labour law do not require a valid reason for the use of fixed-term contracts nor does it place a statutory limitation on the maximum duration of successive fixed-term contracts. A fixed term contract can be renewed as many times as agreed upon between the parties.
Source: §11 of the Law regulating Labour in Rwanda, 2018 (No. 66/2018)
Probation Period
The objective of probation period, with a view to conclude a definitive contract, is to decide beforehand to make an agreement whereby the employer examines the quality of the worker’s services and output while the worker looks at the conditions of work, living, pay, health and security at work as well as the social climate among the workers.
In accordance with the Labour Code, probation/trial period may not exceed three months. However, after the written evaluation of an employee’s performance at the end of three months, that is communicated to the employee, employer can require the employee to retake the probation period for a maximum of three months. The valid reasons for extension or retaking of probation period must related to the nature of work, or an employee’s performance and conduct.
Source: §13 of the Law regulating Labour in Rwanda, 2018 (No. 66/2018)
