RWANDA Law and Practice Contributed by: Aimery de Schoutheete, Valence Rukesha, Chloé Stassart and Isaac Rwapasika, Liedekerke
must submit a written report to the immigration authorities for assessment and recommendations, and requests the authorisation to recruit foreign employees; and • the immigration authorities must provide their answer within 15 working days from the reception of the report and the request for authorisation. If the employer fails to find a Rwandan employee with the required skills, they must: • prove that they conducted a labour market test and failed to find a qualified Rwandan employee for the position; • prove that the foreigner fulfils the requirements for that position; and • submit to the immigration authorities a plan for transferring the foreigner’s skills to Rwandan employees and an implementation plan. Only when these conditions have been met can an employer hire a foreign worker based on a labour mar - ket testing. Once a foreigner is hired, and regardless of how they were hired, the employer must: • employ them for the job for which they were issued the residence permit; • implement all the requirements and ensure skills transfer to Rwandan employees; and • collaborate with the Labour Inspectorate regarding the occupation of foreigners. For purposes of skills transfer between Rwandan and foreign employees, the employment contract of the foreigner must include the duty to train Rwandan col - leagues. The Ministry in charge of Labour appoints a team in charge of monitoring the implementation of the rules governing the occupation of foreign workers. Some specific rules regarding foreign workers may apply in specific sectors. For example, an employ - ee ratio is applicable in the mining sector: at least 70% of the employees engaged must be Rwandans unless the company proves that no Rwandan has the required skills to perform the duties. It is there - fore always advisable to verify any applicable collec -
tive bargaining agreement’s provisions in this respect before contemplating hiring foreign workers. When the employment contract with a foreigner is terminated, the employer must inform in writing the immigration authorities. 4.2 Registration Requirements for Foreign Workers Foreigners willing to work in Rwanda are required to obtain a residency permit which allows them to reside and work in Rwanda. There are different categories depending on the job category. The permit application procedure is done online subject to payment of a fee. Provided that the Directorate General of Immigration and Emigration considers the requirements fulfilled, the permit is issued within ten days of application. The Ministerial Order of 13 June 2023 on working hours and public servants governed by employment contracts introduced a flexible working hour during which and employee: • has the flexibility to schedule his/her work in a way that allows him/her to attend to personal or family affairs; • is not obliged to be at his/her duty station; and • may work remotely or report to his/her duty station in case of urgency. 5. New Work 5.1 Mobile Work Specifically, for public servants governed by the Labour Code, the hour between 8am and 9am is a flexible working hour. The same applies to employees in the private sector who are also entitled to a flex - ible working hour depending on when the day’s work starts. In practice, employees in both private and pub - lic sectors are flexible regarding working from home or any other place as long as the employer has no objection and is informed. 5.2 Sabbaticals Nothing is set out in the Rwandan Labour Code regarding sabbaticals.
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