RWANDA Law and Practice Contributed by: Aimery de Schoutheete, Valence Rukesha, Chloé Stassart and Isaac Rwapasika, Liedekerke
but the total annual statutory leave can never exceed 21 days. In principle, the annual leave must be taken and cannot be paid in lieu. An employee is entitled to such leave after one year of service (including the trial period). Leave must be requested in writing and must be taken by mutual agreement with the employer, depending on the needs of the company. In case of termination before the employee benefits from their annual leave, they are granted an indemnity in lieu of leave. Circumstantial Leave The employee is entitled to circumstantial leave for the following reasons: • two working days in the case of their civil wedding; • seven working days if their wife gives birth, five working days in case of complications, and one month if their wife dies leaving an infant aged less than three months; • seven working days in the case of death of their spouse; • five working days in the case of death of their child; • four working days in the case of death of their father, mother, father-in-law or mother-in-law; • four working days in the case of death of their brother or sister; • three working days in the case of death of their grandfather or grandmother; and • three working days in the case of their transfer over a distance of more than 30 km from their usual place of work. Maternity Leave A female employee who has given birth is entitled to maternity leave of at least 14 consecutive weeks, which includes two weeks that the employee can take before the delivery. In the event of complications, she is entitled to an additional paid leave of one month. Additional leave is granted to employees who give birth to a stillborn baby, whose child dies after birth or who give birth to a premature baby. Sick Leave The Rwandan Labour Code distinguishes short-term and long-term sick leaves. A short-term sick leave
does not exceed 15 days and must be ascertained by a doctor. A long-term sick leave cannot exceed six months and must be ascertained by a medical committee composed of three doctors. The employ - ee is entitled to their full salary during the first three months of leave. During the further three months, the employment contract will be suspended, and the sick employee will not be paid. If the employee remains sick after six months, the employer is entitled to ter - minate the employment contract, with a termination allowance ranging from two to seven months of salary, depending on the number of years of occupation. Authorised Absence An employee can lodge a request with their employer to be absent from work for a duly justified reason. Although not legally required, in practice, such request is made in writing. Confidentiality and Non-Disparagement Nothing is provided in respect of limitations on con - fidentiality or non-disparagement agreements under the Rwandan Labour Code. Employers are therefore free to include such clauses in the employment con - tracts or settlement agreements, although it is not frequent in practice. It is, however, recommended for key positions. Employees’ Liability The Rwandan Labour Code specifies two situations in which an employee can be held liable, entitling the employer (and any other suffering party) to claim com - pensation. • In case of illegal strike: employees risk at least six months’ imprisonment and a fine of between RWF500,000 (approximately USD350) and RWF5 million (approximately USD3,500) or one of these penalties only. Employees are also liable for the damages caused in case of illegal strike. • In case of violation of rules governing health and security at the workplace, if the employee causes a danger through clumsiness, negligence, carelessness, or inattention. Employees risk an imprisonment of between six months and two years and a fine of between RWF500,000 (approxi - mately USD350) and RWF2 million (approximately USD1,300) or one of these penalties only.
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