Issues surrounding salaries, unfair dismissal and contract termination due to alleged economic or technological reasons take up 90 percent of the challenges raised by people in the private sector, a report produced by the Institute of Policy Analysis and Research (IPAR-Rwanda) says.

Commissioned by Strengthening Rwandan Administrative Justice (SRAJ) Project, the report says that contrary to the bulk of the issues raised in the areas above, complaints related to Rwanda Social Security Board (RSSB) contributions are relatively low at 14 percent.

Though complaints regarding workers’ safety have previously been raised by different labour unions like Congrès du Travail et de la Fraternité des Travailleurs (COTRAF), which received 12 cases of issues related to the construction sector in 2018, the report indicated that safety complaints are now much lower at 4 percent.

This can be attributed to improved safety measures enforced by the government in risky fields like mining where licenses are only issued after some standards have been met.

The new labor law has also fixed the previous issues of compensation for employees who get injured at work while not insured with social security.

Article 19 provides for compensation of employees who had occupational accidents or diseases with the employees entitled to compensation equivalent to the social benefits they would have received from a social security body in Rwanda if the employer had contributed for them, including medical and related expenses.

Under the law, an employee cannot be dismissed as a result of an occupational accident unless a recognised doctor declares him or her unfit to resume service.

Information gaps

The Resident Country Director of the SRAJ project; Seth Karamage told The New Times in an interview that it was obvious that there was still an issue of lack of information, which he says continues to impede employees in many ways.

"Of those surveyed, more than a third (37 percent) did not feel well informed about their rights and most did not know what to look for in contracts, or did not understand how to calculate or check their RSSB contributions,” he said.   

A total of 68 percent of those surveyed said they needed more information about dispute settlement procedures while 65 percent needed more information about the rules on overtime pay in and 63 percent required information on unionization.

Validity of contracts

Karamage said that although the labor law accepts the validity of unwritten employment contracts on condition that they do not exceed 90 days, some employers continue to hire the services of employees for longer periods without written contracts, leaving them vulnerable.

"If labor disputes arise in such cases, labor inspectors face difficulties in handling complaints from these employees without contracts being put in place. Such employees still encounter major difficulties in presenting credible evidence to support their complaints,” he said.

He advised labor inspectors to carry out regular inspections within different companies to ensure that all employees have valid contracts and impose sanctions on non- compliant employers.

According to Article 102 of the new Labor Law of 30/8/2018 (repealing labor law of 27/5/2009), when employees’ representatives (workers’ delegates) fail to settle a dispute amicably, the concerned party may refer the matter to the labor inspector of the area where the enterprise is located for mediation.

However, the report states that 68 percent of the respondents required information on settlement procedures.

The report also indicated that 57 percent of the respondents did not have information on contract termination, 53 percent lacked information on working hours and 48 percent on minimum wage.

It was also advised that employees be given an opportunity to sign contracts written in the language they understand best.

Inspectors praised

While it was recommended that labor inspectors get more training, citizens expressed generally high satisfaction with their work.

For instance, large numbers of the survey respondents said that labor inspectors afforded them an opportunity to present evidence, 74 percent said that inspectors provided them with a written decision and 72 percent said that inspectors explained the reasons for the decision that was issued.

Pushing for change

The Ministry of Public Service and Labour last year embarked on a campaign to sensitise employers countrywide to comply with the provisions of the new labour law.

The Ministry seeks to address matters of employees particularly in the informal sector. Previously, the labour law was limited to matters prevailing in the informal sector – covering only such issues like social security, trade union organisations, and health and safety at the workplace.

However, the new labour law is broader covering such aspects as the minimum wage, the right to leave, and protection against workplace discrimination. However, it does not set the minimum wage only stating that this will be catered for under a subsequent Order of the Minister in charge of labour.

The Chief Labour Inspector, Javan Kalima Nkundabakura, said the ministry was working closely with districts – through labour inspectors – to raise awareness and compliance with regard to the new law.

He pointed out that the Minister of Labour Fanfan Kayirwangwa Rwanyindo has been meeting with employers both in City of Kigali and across provinces.

"Since the new law was gazetted, we have had four such meetings. In September, we were in the Northern Province, after which we held another meeting in Kigali, then Eastern Province, and the Southern Province. The meetings continue,” he said.