Rwanda enacted a regulation establishing the core elements of a written employment contract.  These must be noted by all employees and employers as discussed below.

Rwanda is one of the lead destinations for investment in Africa, this has resulted to high levels of development in different industries. Hence, the increased numbers of employers and employees in Rwanda. Employer and Employee relationship is considered a sensitive one that if not well regulated, it can easily collapse the Labor industry, yet without labor, many industries cannot exist nor function.

 The Law Regulating Labor in Rwanda defines an employment contract to mean an agreement between an employer and employee whereby an employee undertakes to work under the authority of the employer in return remuneration (Article 3). The Labor Law further clarifies that:

• An employment contract is concluded based on the mutual consent of the employee and employer.
• Employment contracts between an employee and more than one employer are acceptable if they are not compromising one another.
• An employment contract can be for a fixed term or indefinite.
• The employment contract can be written or unwritten.

Despite the fact that an employment contract can be written or unwritten, it must be noted and appreciated by all employees and employers that unwritten employment contract cannot exceed ninety (90) consecutive days.

Hence, written employment contracts are recommended for long term employment because in case of any dispute, it can easily be referred to by the parties, reducing unnecessary contradictions. This is the reason why employers or employees are strongly advised to always secure a written employment contract.

Therefore, before signing a written employment contract, one must understand what are the core element of a written employment contract in Rwanda.

Rwanda, passed a regulation establishing the core elements of a written employment contract. Meaning these elements must always be included in an employment contract. The enacted Ministerial Order N0 007/19.20 of 17/03/2020 determines core elements of a written employment contract.

Additional core elements to employment contract of an employee working abroad

The Law further entails that in case an employee is required to work abroad, the employment contract must indicate the following other core elements:

1. the period the employee is required to serve abroad;
2. the currency in which remuneration is to be paid during that period;
3. all terms relating to the employee’s repatriation;
4. place and procedure for payment of employee’s social security contributions.

Note. An employment contract may include other clauses favorable to the contracting parties.

An employment contract is drafted in any language among the official languages. An employment contract is drafted in a language that an employee and an employer understand. If the employee and the employer do not understand the same language, an employment contract is drafted in two (2) languages, one that the employee understands and another that the employer understands.

𝘛𝘩𝘦 𝘢𝘣𝘰𝘷𝘦 𝘪𝘯𝘧𝘰𝘳𝘮𝘢𝘵𝘪𝘰𝘯 𝘪𝘴 𝘪𝘯𝘵𝘦𝘯𝘥𝘦𝘥 𝘵𝘰 𝘣𝘦 𝘰𝘧 𝘨𝘦𝘯𝘦𝘳𝘢𝘭 𝘶𝘴𝘦 𝘰𝘯𝘭𝘺 𝘢𝘯𝘥 𝘴𝘩𝘰𝘶𝘭𝘥 𝘯𝘰𝘵 𝘣𝘦 𝘳𝘦𝘭𝘪𝘦𝘥 𝘶𝘱𝘰𝘯 𝘸𝘪𝘵𝘩𝘰𝘶𝘵 𝘴𝘦𝘦𝘬𝘪𝘯𝘨 𝘴𝘱𝘦𝘤𝘪𝘧𝘪𝘤 𝘭𝘦𝘨𝘢𝘭 𝘢𝘥𝘷𝘪𝘤𝘦 𝘰𝘯 𝘢𝘯𝘺 𝘮𝘢𝘵𝘵𝘦𝘳.

Author:  Advocate KALLAGI. Arnold

• Member of the East Africa Law Society;
• Member of the Rwanda Bar Association;
• 2018 Certificate of Recognition for completion of the United States Patent and Trademark Office Exchange of Best Practices on Trademark Examination held at Kigali Convention Centre in Rwanda 2018;
• Masters in Business Law (University of Rwanda 2017-2019);
• Post Graduate Diploma in Legal Practice and Development (ILPD);
• Bachelor of Laws (Islamic University in Uganda Kampala-Campus). 

Email: advocatekallagi@gmail.com   Tel: +250787337024 (WhatsApp)

Website: http://opt-law.com/