RWANDA Law and Practice Contributed by: Aimery de Schoutheete, Valence Rukesha, Chloé Stassart and Isaac Rwapasika, Liedekerke
1.4 Compensation Minimum Wage
Part-Time Rwandan law does not provide for any special arrangements for part-time workers. However, in Rwanda an employee is allowed to have more than one employment contract. Article 11 of the Labour Code states that employment contracts between an employee and more than one employer is collectively acceptable on condition that such employment con - tracts are not compromising one another. The Labour Code is, however, silent on what kind of compromise would be considered and the consequences if such employment contracts are compromising one another. Overtime Overtime is permitted in Rwanda if it is performed at the employer’s request in the case of urgent work, seasonal work, exceptional work, work done to increase productivity or work of a special nature. As these concepts are not defined, they are interpreted broadly. Hours worked are considered to be overtime if they are worked in excess of the 40-hour week or in excess of the weekly working hours laid down in the company’s rules of procedure (work rules) or in the employment contract. The employer must track overtime hours in a register and the employee must confirm these hours, either by signing the register or by affixing their fingerprint. With regards to compensation for overtime, the employer must grant the employee compensatory rest within 30 days of the overtime being worked. If this is not possible, the employer must pay overtime at the same hourly rate with the following month’s salary. There is no statutory complementary overtime pay (that is, an extra pay in addition to the normal hourly rate due for the overtime work) in Rwanda, regardless of whether overtime is worked during the day, at night, on a pub - lic holiday or during weekends. Of course, employers are free to grant complementary overtime pay to their employees. In that case, it can be done by mentioning it in the company’s rules of procedure, in a collec - tive bargaining agreement, and/or in the employment contracts.
To date, there is no statutory legal minimum wage in Rwanda as a ministerial order has yet to be adopted in this regard. In the absence of a legal basis, the current reference is a judgment of 26 November 2016 from the Supreme Court ( Soras Ag Ltd v Umuhoza et al, RCAA0049/14/ CS ), which sets the minimum daily wage at RWF3,000 (approximately USD3). This judgment is considered as setting the general rule regarding minimum wage, since (i) the ministerial decree regulating the issue has not yet been adopted, (ii) judges in Rwanda have the obligation to adjudicate all cases submitted to them, even in the absence of relevant rules of law, by adjudi - cating according to the rules that they would establish if they had to act as legislator, relying on precedents, customs, general principles of law and doctrine, and (iii) Soras Ag Ltd v Umuhoza et al , being a decision of the Supreme Court, is binding on all other courts in Rwanda. Thirteenth Month and Bonuses and Government Interventions There is no obligation under Rwandan law for employ - ers to grant a thirteenth month and/or bonuses to their employees. However, approximately 20% of employ - ers grant such incentives to their employees in order to improve the company’s productivity. There is sometimes government intervention in com - pensation or salary increases, especially in the public sector. For example, teachers’ salaries were increased in 2022. 1.5 Other Employment Terms There are five types of leave in Rwanda: annual leave, circumstantial leave, maternity leave, sick leave and authorised absence. Annual Leave The statutory annual leave equals one and a half work - ing days per month of work, ie, 18 days per year. The parties can agree on provisions that are more favour - able to employees. In any case, employees are enti - tled to one additional working day’s paid leave for every three years of service with the same company,
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