Workers' Representatives Convention, 1971 (No. 135) - Rwanda (Ratification: 1988)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention.Adequate protection of workers’ representatives against acts of discrimination related to their representative functions. The Committee notes the information provided by the Government according to which (i): article 36 of Ministerial Order No. 003/19.20 of March 2020 relating to employees’ representatives states that an employees’ representative cannot be dismissed on the basis of fulfilment of his or her duties; and (ii) article 30 (3) of Law No. 66/2018 of August 2018 regulating labour in Rwanda, damages paid to victims of unfair dismissal cannot exceed his or her nine (9) month net salary.

The Committee considers that such limits may prove to be insufficient and refers to its comments on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), in relation to the protection against acts of anti-union discrimination.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 4 of the Convention. The Committee noted that the comments made by the Workers Trade Union Confederation of Rwanda (CESTRAR) and the Association of Christian Trade Unions (ASC/UMURIMO) indicate that the Ministerial Order establishing arrangements for the election of staff delegates has not yet been adopted. The Committee noted the Government’s indication that a draft Order is currently before the Council of Ministers for examination and adoption and it requested the Government to provide a copy of this Ministerial Order once it has been adopted.

The Committee also noted the indication in CESTRAR’s comment that the failure to issue the Ministerial Order determining the duration and conditions for the granting of workers’ education training leave afforded to trade union delegates by the Labour Code allows certain employers to raise obstacles to the proper functioning of trade unions in enterprises. The Committee notes Instruction No. 1 of 20 July 2005 issued by the Minister of the Public Service which regulates the shop steward elections and their rights, including the work time they can spend for their activities as well as other facilities.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report and the comments made by the Workers Trade Union Confederation of Rwanda (CESTRAR), dated 31 August 2003, the Association of Christian Trade Unions (ASC/UMURIMO), dated 4 September 2004, the Congress of Labour and Brotherhood of Rwanda (COTRAF), dated 6 September 2004, and the National Council of Free Trade Unions of Rwanda (COSYLI), dated 6 September 2004.

Article 1 of the Convention. The Committee refers to its comments on the application of Articles 1 and 3 of Convention No. 98 in relation to protection against acts of anti-union discrimination.

Article 2. The Committee notes with interest that sections 154, 155 and 156 of the Labour Code provide that the various establishments of an enterprise shall have different notice boards, for both staff delegates and trade union delegates, and that the heads of enterprises employing over 20 employees shall make available to the members of the local trade union office premises suitable for the discharge of their functions and that trade union delegates shall benefit from time off to discharge their functions and shall benefit from annual training leave.

Article 4. 1. The Committee notes that the comments of the CESTRAR and the ASC/UMURIMO indicate that the Ministerial Order establishing arrangements for the election of staff delegates has not yet been adopted, thereby making sections 174 and 175 of the Labour Code incomplete. The Committee notes the Government’s indication that a draft Order is currently before the Council of Ministers for examination and adoption and it requests the Government to provide a copy of this Ministerial Order once it has been adopted.

2. The Committee also notes the indication in CESTRAR’s comment that the failure to issue the Ministerial Order determining the duration and conditions for the granting of workers’ education training leave afforded to trade union delegates by the Labour Code allows certain employers to raise obstacles to the proper functioning of trade unions in enterprises. The Committee notes that the Government’s reply does not refer to the Ministerial Order determining the duration and conditions for the granting of workers’ education training leave, but rather refers to the draft Order determining the arrangements for the election of staff delegates. The Committee requests the Government to indicate whether two distinct ministerial orders will be adopted or whether the Order determining the arrangements for the election of staff delegates will also establish the conditions for the granting of workers’ education training leave. The Committee requests the Government to keep it informed in this respect and to provide a copy of the relevant texts once they have been adopted.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

The Committee notes Act No. 51/2001 of 30 December 2001 issuing the Labour Code, which gives effect to the provisions of the Convention. The Committee notes the abrogation of section 160 of the former Labour Code, on which the Committee had been commenting with regard to the minimum number of staff representatives, the number of electors and the conditions for eligibility.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report.

Article 4 of the Convention. The Committee pointed out that, by virtue of section 160 of the Labour Code, the Minister of Labour shall, by an order made on the advice of the Labour Advisory Board, prescribe, inter alia, the minimum number of workers above which, and the category of establishments in which, the election of staff representatives shall be compulsory; the number of representatives and their distribution among the various occupations; the election procedure; and the conditions to be fulfilled by electors and candidates for election. The Committee notes that, according to the Government's report, no implementing measures have been taken on the basis of the section in question and that, with the revision of the Labour Code, the Government wished to review the situation in order to remedy the shortcomings and, as a priority, the election procedures for staff representatives. The Committee notes that the most recent draft of the Code, of which a copy was supplied by the Government, provides, in particular, that the minimum number of electors, conditions for eligibility, and number of representatives must be fixed by ministerial order. The Committee requests the Government to supply any new information on the matter, particularly the definitive text of the Labour Code as soon as it has been adopted, and any ministerial order concerning the application of provisions relating to staff representatives.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 4 of the Convention. The Committee recalls that by virtue of section 160 of the Labour Code, the Minister of Labour shall, by an order made on the advice of the Labour Advisory Board, prescribe, inter alia, the minimum number of workers above which, and the category of establishments in which, the election of staff representatives shall be compulsory; the number of representatives and their distribution among the various occupations; the procedure of elections; the conditions to be fulfilled by electors and candidates for election. Regretting that the Government confines itself to indicating in its report that a study concerning such an order is still being carried out, the Committee expresses the firm hope that the Government will be able to supply information on the results of this study in its next report and that it will forward the text of any order which is adopted under section 160 of the Labour Code.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which addressed the following issue:

Article 4. The Committee recalls that by virtue of section 160 of the Labour Code, the Minister of Labour shall, by an order made on the advice of the Labour Advisory Board, prescribe inter alia the minimum number of workers above which, and the category of establishments in which the election of staff representatives shall be compulsory; the number of representatives and their distribution among the various occupations; the procedure of elections; the conditions to be fulfilled by electors and candidates for election. Regretting that the Government confines itself to indicating in its report that a study concerning such an order is still being carried out, the Committee expresses the firm hope that the Government will be able to supply information on the results of this study in its next report and that it will forward the text of any order which is adopted under section 160 of the Labour Code.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

While noting the Government's report, the Committee regrets that it does not provide any new information and the Committee is therefore bound to reiterate the comments that it has been making for a number of years on the following issue:

Article 4 of the Convention. The Committee recalls that by virtue of section 160 of the Labour Code, the Minister of Labour shall, by an order made on the advice of the Labour Advisory Board, prescribe, inter alia, the minimum number of workers above which, and the category of establishments in which, the election of staff representatives shall be compulsory; the number of representatives and their distribution among the various occupations; the procedure of elections; the conditions to be fulfilled by electors and candidates for election. Regretting that the Government confines itself to indicating in its report that a study concerning such an order is still being carried out, the Committee expresses the firm hope that the Government will be able to supply information on the results of this study in its next report and that it will forward the text of any order which is adopted under section 160 of the Labour Code.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report.

Article 2 of the Convention. With reference to its previous direct request concerning the need to grant more facilities to workers' representatives in order to enable them to carry out their functions promptly and efficiently, the Committee notes the information supplied by the Government in its report, as well as Circular No. 5479/06.18/0161/87 of 11 November 1987 respecting the rights and duties of members of enterprise trade union committees.

Article 4. The Committee recalls that by virtue of section 160 of the Labour Code, the Minister of Labour shall, by an order made on the advice of the Labour Advisory Board, prescribe inter alia the minimum number of workers above which, and the category of establishments in which the election of staff representatives shall be compulsory; the number of representatives and their distribution among the various occupations; the procedure of elections; the conditions to be fulfilled by electors and candidates for election. Regretting that the Government confines itself to indicating in its report that a study concerning such an order is still being carried out, the Committee expresses the firm hope that the Government will be able to supply information on the results of this study in its next report and that it will forward the text of any order which is adopted under section 160 of the Labour Code.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the Government's report.

Article 2 of the Convention. With reference to its request for information on the application of this provision, the Committee notes the Government's explanations that, apart from the payment of workers' representatives in the event of absence to attend union, federation, confederation and international congresses, the law in force grants them no other facilities. The Government adds that in practice, however, facilities such as time off to attend training courses, formally requested by the central trade union, and access to the workplace and the posting of documents and trade union notices are also granted. Material facilities and access to the management of the enterprise depend on the goodwill of the employer in the absence of collective agreements.

In the Committee's opinion the fact that the granting of certain facilities can depend on the goodwill of the employer could impair the rights granted to workers' representatives. It asks the Government to indicate in its next report the measures taken or envisaged to grant workers' representatives more facilities so that they can carry out their functions promptly and efficiently.

The Committee notes that the copy of the law providing for the payment of time off from work for representation functions (which the Committee requested previously and which the Government states is enclosed with its report, has not reached the ILO). It therefore once again requests the Government to provide a copy of the provisions in question.

Article 4. With regard to its previous request to the Government to indicate whether the Minister of Labour had issued the Orders to implement section 160 of the Labour Code concerning workers' representatives, the Committee notes with interest that a study on this matter is under way and asks the Government to provide the results of the study in its next report.

[The Government is asked to report in detail for the period ending 30 June 1992.]

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the Government's first report and requests the Government to provide the following information.

Article 2 of the Convention. 1. The Committee points out that under Article 2 of the Convention facilities must be afforded to workers' representatives in order to enable them to carry out their functions promptly and efficiently. It asks the Government to indicate, in accordance with the guide-lines of Recommendation No. 143, the steps it plans to take in this connection: time off from work, without loss of pay or social benefits, to carry out representation functions in the undertaking or to attend training courses; access to workplaces; access to the management of the undertaking; distribution and posting of documents and trade union notices; material facilities, etc.

2. The Committee notes the Government's statement that the law provides for the payment of workers' representatives in the event of absence to attend union, federation, confederation and international congresses and asks the Government to provide the text of the relevant provisions.

Article 4 of the Convention. The Committee asks the Government to indicate whether the Minister of Labour has issued the Orders to implement section 160 of the Labour Code concerning workers' representatives and, if so, to provide a copy of them.