RWANDA Law and Practice Contributed by: Aimery de Schoutheete, Valence Rukesha, Chloé Stassart and Isaac Rwapasika, Liedekerke
• five times the average monthly salary for an employee having between 15 and 20 years of ser - vice with the same employer; • six times the average monthly salary for an employee having between 20 and 25 years of ser - vice with the same employer; or • seven times the average monthly salary for an employee having more than 25 years of service with the same employer. Such termination allowance must be paid within seven working days of the dismissal. The average monthly salary is obtained by dividing by 12 the total salary the employee has received for the last 12 months, The employer may, after informing employees’ repre - sentatives, proceed with collective dismissal due to the company’s internal reorganisation or restructuring due to economic reason or technological transfer. The collective dismissal must aim to preserve the com - pany’s competitiveness. The employer must inform in writing the competent Labour Inspectorate and follow an order of dismissal, taking into consideration the performance, profes - sional qualification, experience in the company and the employees’ legally recognised dependants. A worker dismissed for economic or technical reasons keeps priority for recruitment within six months of dis - missal if they have the required profile for the vacancy. 7.2 Notice Periods Notice Period Subject to more favourable provisions in a collective bargaining agreement, rules of procedure or employ - ment contract, the notice period is equal to: • at least 15 days for an employee with less than one year of service; or • at least 30 days for an employee with more than one year of service. Longer notice periods are rare in practice. Notice must be given in writing and state the reasons for the termination. Notice cannot be given: exclusive of allowances. Collective Redundancies
• if the employment contract is suspended; and • if the employee is on leave. During the notice period, the employer and the employee remain bound by all their contractual obliga - tions. During the same period, the employee is entitled to one paid day off per week to find a new position. During an employee’s probation period, an employer may terminate the employee’s contract without notice. Indemnity in Lieu of Notice Termination of an open-ended contract without notice or without full observance of the notice period will entail the payment of an indemnity in lieu of notice, corresponding to the remuneration that the employee would have received during the (part of the) notice period that was not granted. Specific Procedure There is no specific procedure to be followed nor external advice or authorisation required to proceed with dismissals. 7.3 Dismissal for (Serious) Cause An employment contract can be terminated without notice for gross misconduct. In that case, the employ - er must notify the employee within 48 hours of the occurrence of evidence of the gross misconduct, specifying the grounds for termination. A Ministerial Order lists acts that are considered gross misconduct: • theft; • fraud; • fighting at workplace; • taking alcoholic drinks at workplace; • to be on duty under the influence of alcohol or drugs; • falsification; • any form of discrimination at workplace; • sexual harassment; • soliciting, offering, or receiving bribes or illicit ben - efit; • embezzlement; • unlawfully obtaining or disclosing professional con - fidential information;
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