Weekly Rest (Industry) Convention, 1921 (No. 14) - Rwanda (Ratification: 1962)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)) and 132 (annual paid holiday) together.

Legislative developments. The Committee notes the adoption of: (i) Law No. 66/2018 of 30 August 2018 regulating labour (repealing Law No. 13/2009), which was, amended by Law No. 027/23 of 18 May 2023; (ii) Ministerial Order No. 1/MIFOTRA/2023 of 13 June 2023 on working hours; and (iii) Law No. 017/2020 of 7 October 2020 governing public servants.

Weekly rest

Article 2(2) and (3) of Convention No. 14. Uniformity and respect of traditions, customs. The Committee notes that the Ministerial Order No. 01/MIFOTRA/23 does not include provisions regulating simultaneity and respect of traditions and customs for private sector workers regarding weekly rest periods. The Committee notes the Government’s indication in its report that in the private sector the weekly rest is taken according to what is stipulated in the employment contract. The Committee recalls that the principle of uniformity enshrined in Article 2(2) of the Convention aims at ensuring, wherever possible, that weekly rest is taken at the same time by all workers on the day established by tradition or custom with the social purpose of enabling workers to take part in community life and in the special forms of recreation available on certain days. The Committee requests the Government to indicate in which manner it is ensured that the weekly rest period of at least 24 consecutive hours is, whenever possible, granted simultaneously to the whole staff on a day and fixed so as to coincide with the days already established by the traditions or customs of the country or district, as foreseen in this article of the Convention.

Holidays with pay

Articles 2 and 15(2) of Convention No. 132. Scope of application. Further to its previous comments, the Committee notes with interest that in its report the Government indicates that Law No. 66/2018 regulating labour extends its scope of application to the informal sector, which includes workers engaged in agriculture as industrial workers and that section 2(6)(e) of the above-mentioned Law states that informal sector employees are covered by provisions related to the right to leave on the same foot as all other employees. The Committee notes this information which replies to its previous request.

Articles 5(2) and (4). Minimum period of service. Periods of absence counted as part of the period of service. Previous to its previous comments, the Committee notes the newly adopted legislation (Sections 46, paragraph 5 of Law No. 66/2018 regulating labour and 18 of Law No. 017/2020 governing public servants) continues to provide, as did the recently repealed previous legislation, that the minimum period of service giving entitlement to holidays is 12 months and not a maximum of six months, as prescribed by Article 5(2) of the Convention. The Committee also notes that the above-mentioned legislation does not include provisions ensuring that periods of absence beyond the control of the employee are not deducted from the qualifying period of service as required by Article 5(4) of the Convention. The Committee recalls that the length of qualifying periods of service, where such periods are established, should allow workers to benefit from the right to paid annual leave after periods of work that are not excessively long, not exceeding six months and emphasizes the importance of counting as part of the period of service any absence from work for reasons beyond the control of the employed person, such as illness, injury or maternity, and not only absence due to occupational accidents and diseases. The Committee requests the Government to indicate the measures envisaged or adopted to apply both in law and in practice these provisions of the Convention.

Article 7. Remuneration. Further to its previous comments, the Committee notes that in spite of newly adopted legislation, there are still no provisions establishing that workers in the private sector taking annual leave shall receive their normal or average remuneration, calculated by the competent authority, for the full period of the leave; and that this amount shall be paid in advance of the leave period unless otherwise agreed upon by the worker. The Committee requests the Government to indicate in which manner effect is given to this Article of the Convention.

Article 8. Division of leave. Uninterrupted part of leave. The Committee notes that section 47 of the Law No. 66/2018 regulating labour and section 18 of the Law No. 017/2020 governing public services allow the division of annual leave into two and three parts respectively. The Committee observes however that none of these laws include provisions guaranteeing a minimum period of two uninterrupted working weeks of leave in any of the divided parts, as provided by Article 8(2) of the Convention. The Committee requests the Government to indicate the manner in which full effect is given to this Article of the Convention.

Article 11. Termination of employment. The Committee notes that Law No. 017/2020 governing public servants does not contain any provision on annual leave rights for public servants in the event of termination of their employment. The Committee requests the Government to indicate how it is ensured that Article 11 of the Convention is applied to public servants.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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 read as follows:

Repetition

Article 4 of the Convention. Total or partial exceptions. The Committee notes the adoption of Act No. 13/2009 of 27 May 2009 issuing labour regulations, which repeals Act No. 51/2001 of 30 December 2001 issuing the Labour Code. Further to its previous comments regarding exceptions to weekly rest, the Committee notes that weekly rest is regulated by section 52 of Act No. 13/2009, as rest of a period of 24 consecutive hours that shall occur in principle on a Sunday and, as far as possible, must be granted to the whole of the staff of the undertaking. The new legislation does not mention exceptions to weekly rest. As it previously emphasized in relation to section 58 of the 2001 Labour Code, the Committee recalls that, under Article 4 of the Convention, the exceptions in question must be authorized by the public authorities, taking account of all proper social and economic considerations and after consultation with responsible associations of employers and workers. The Committee again requests the Government to supply information concerning any exceptions to the general weekly rest scheme and, if applicable, to indicate whether tripartite consultations have taken place to this end.

Article 7. Notices and rosters. The Committee notes that, contrary to section 59 of the former Labour Code, Act No. 13/2009 does not contain any provision obliging the employer to make known: (i) the days and hours of collective rest by means of notices posted conspicuously in the establishment, where the weekly rest is given to the whole of the staff collectively; and (ii) by means of a roster drawn up in accordance with the method approved by the legislation of the country, or by a regulation of the competent authority, where the rest period is not granted to the whole of the staff collectively. The Committee requests the Government to indicate how it is given effect to this Article of the Convention both in law and in practice.

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

Article 4 of the Convention. Total or partial exceptions. The Committee notes the adoption of Act No. 13/2009 of 27 May 2009 issuing labour regulations, which repeals Act No. 51/2001 of 30 December 2001 issuing the Labour Code. Further to its previous comments regarding exceptions to weekly rest, the Committee notes that weekly rest is regulated by section 52 of Act No. 13/2009, as rest of a period of 24 consecutive hours that shall occur in principle on a Sunday and, as far as possible, must be granted to the whole of the staff of the undertaking. The new legislation does not mention exceptions to weekly rest. As it previously emphasized in relation to section 58 of the 2001 Labour Code, the Committee recalls that, under Article 4 of the Convention, the exceptions in question must be authorized by the public authorities, taking account of all proper social and economic considerations and after consultation with responsible associations of employers and workers. The Committee again requests the Government to supply information concerning any exceptions to the general weekly rest scheme and, if applicable, to indicate whether tripartite consultations have taken place to this end.

Article 7. Notices and rosters. The Committee notes that, contrary to section 59 of the former Labour Code, new Act No. 13/2009 does not contain any provision obliging the employer to make known: (i) the days and hours of collective rest by means of notices posted conspicuously in the establishment, where the weekly rest is given to the whole of the staff collectively; and (ii) by means of a roster drawn up in accordance with the method approved by the legislation of the country, or by a regulation of the competent authority, where the rest period is not granted to the whole of the staff collectively. The Committee requests the Government to indicate how it is given effect to this Article of the Convention both in law and in practice.

Part V of the report form. Practical application. Noting that, according to section 158(3) of Act No. 13/2009, labour inspectors have the power to collect, analyse and programme labour statistics within their area of competence, the Committee again requests the Government to supply all available information, particularly relating to the number of workers covered by the legislation and the number of infringements recorded with regard to weekly rest.

Moreover, having received no information on this subject, the Committee again takes this opportunity to recall that, on the basis of the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be
encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee therefore repeats its request and invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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 read as follows:

Article 4 of the Convention. The general weekly rest scheme under section 58 of the Labour Code of 2001 provides for: (a) an obligatory weekly rest of at least 24 consecutive hours per week; and (b) in principle, a weekly rest day on Sunday. Section 58 of the new Labour Code of 2001 no longer permits the Minister of Labour to authorize exceptions to the ordinary weekly rest scheme, as did section 131, paragraph 2, of the old Labour Code of 1976. The Committee wishes to recall that, under Article 4 of the Convention, exceptions require the authorization of the national authority, special regard being had to all proper humanitarian and economic considerations and after consultation with responsible associations of employers and workers. The Committee would appreciatet if the Government would provide in its next report detailed information on any cases requiring an exception to the general weekly rest scheme with regard to the weekly rest period of 24 consecutive hours, including the handling of those cases. The Committee is particularly interested in information on the tripartite consultations, which would have taken place.

Part III of the report form. The Committee requests the Government to provide information on the supervision of the application of the Convention, in particular with regard to the organization and working of the labour inspection.

Part V of the report form. The Committee would appreciate receiving with the Government’s next report statistics concerning the number of workers covered by the relevant legislation as well as the number and nature of any contraventions of the Convention reported.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and the new Labour Code of 2001.

Article 4 of the Convention. The general weekly rest scheme under section 58 of the Labour Code of 2001 provides for: (a) an obligatory weekly rest of at least 24 consecutive hours per week; and (b) in principle, a weekly rest day on Sunday. Section 58 of the new Labour Code of 2001 no longer permits the Minister of Labour to authorize exceptions to the ordinary weekly rest scheme, as did section 131, paragraph 2, of the old Labour Code of 1976.

Total or partial exceptions from a regular weekly rest scheme are under certain conditions foreseen under Article 4 of the Convention. They respond to the need to exempt certain types of work or services, to which, because of the nature of the work, the ordinary weekly rest scheme cannot be applied. The Committee wishes to recall that, under that provision of the Convention, exceptions require the authorization of the national authority, special regard being had to all proper humanitarian and economic considerations and after consultation with responsible associations of employers and workers.

The Committee would appreciate it if the Government would provide in its next report detailed information on any cases requiring an exception to the general weekly rest scheme with regard to the weekly rest period of 24 consecutive hours, including the handling of those cases. The Committee is particularly interested in information on the tripartite consultations, which would have taken place.

Part III of the report form. The Committee requests the Government to inform it about the supervision of the application of the Convention, in particular with regard to the organization and working of the labour inspection.

Part V of the report form. The Committee would appreciate receiving with the Government’s next report statistics concerning the number of workers covered by the relevant legislation as well as the number and nature of any contraventions of the Convention reported.

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

The Committee notes the information provided by the Government in its report.

Articles 4, 5 and 6 of the Convention. With regard to the right to authorize exceptions to the principle of weekly rest, the Committee notes that the Minister of Labour has not yet issued the order envisaged for this purpose under section 131(2) of the Labour Code. It would be grateful if the Government would indicate in its next report any measures which have been taken or are envisaged with a view to the authorization of such exceptions. It also requests the Government to provide information on the manner in which section 131(2) of the Labour Code is applied in practice, as this provision requires, in accordance with the objectives of Article 5 of the Convention, compensatory periods of rest in the event of suspensions or diminutions of the rest period. The Committee would be grateful if the Government would provide it with a list of the exceptions granted in accordance with Article 4 of the Convention, as soon as it is available.

Part VI of the report form. The Committee notes an observation made by the Confederation of Trade Unions of Rwanda (CESTRAR) concerning the obligation of the Government to communicate reports on the application of Conventions to the representative organizations (article 23, paragraph 2, of the Constitution of the ILO). The Committee invites the Government to provide any comments that it considers appropriate in this respect.