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

Rwanda

Weekly Rest (Industry) Convention, 1921 (No. 14) (Ratification: 1962)
Holidays with Pay Convention (Revised), 1970 (No. 132) (Ratification: 1991)

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.