WHAT AMOUNTS TO MISCONDUCT OF AN EMPLOYEE IN RWANDA, AS A CAUSE FOR TERMINATION OF AN EMPLOYMENT CONTRACT WITHOUT NOTICE?
Rwanda enacted a regulation that establishes the list of gross misconduct that if committed by an employee, an employer can terminate the employment contract without notice.
Normally, an employer must give an employee reasonable notice before termination. The employment law provides that the period of notice given by the employer or employee must be: at least fifteen (15) days, in case an employee has served for less than one (1) year; at least thirty (30) days, in case an employee has served for more than one (1) year. Termination notice must be given in writing and state reasons for termination of the employment contract. This is Subject to the provisions of the collective agreement, rules of procedure or employment contract. (Article 24 of the labor law)
However, Rwanda’s Labor law creates an exception/ circumstances when an employer can terminate an employee on short notice of forty-eight 48 hours in case of employee’s gross misconduct. In such cases, the employer must notify the employee within forty-eight (48) hours of the occurrence of evidence of the gross misconduct specifying the grounds for termination. (Article 26 of the labor law)
This leads us to the key question. what amounts to misconduct of an employee in Rwanda?
According to the regulation enacted establishing list of gross misconduct. The following acts are considered as 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 benefit;
- embezzlement;
- unlawfully obtaining or disclosing professional confidential information;
- behavior that may endanger the health and safety of others at workplace;
- gender-based violence at workplace;
- illegal strike;
- Intentional destruction of the employer’s property.
This means that incase an employee commits any of the acts mentioned above, this can be regarded as gross misconduct that leads to termination of employment contract without notice.
However, the above list is not exhaustive, but the law further creates room that depending on the nature of an enterprise and without prejudice to the definition of gross misconduct as provided for in the law regulating labor, an employer may determine a list of other acts or behavior considered as gross misconduct additional to those provided by the law as mentioned above, but this must be approved by the Minister of Labor. After, that list is incorporated in the rules of procedures of enterprise and notified in writing to the employees before implementation.
Law: MINISTERIAL ORDER ESTABLISHING THE LIST OF GROSS MISCONDUCT. MINISTERIAL ORDER N° 002/19.20 OF 17/03/2020. Official Gazette n° Special of 19/03/2020
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