Holidays with Pay Convention (Revised), 1970 (No. 132) - Rwanda (Ratification: 1991)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 15(2) of the Convention. Scope of application. Workers governed by Act No. 13/2009. In its previous comment, the Committee noted that section 3 of Act No. 13/2009 of 27 May 2009 regulating labour excludes persons engaged in “agricultural, breeding, commercial or industrial activities” from the scope of application of the provisions concerning paid annual leave. In this regard, the Committee wishes to recall that, under the terms of Article 15(2) of the Convention, the Government has accepted the obligations of the Convention in respect of employed persons in economic sectors other than agriculture. It also recalls that the Government previously indicated that, in practice, agricultural workers benefit from the same rights as workers in other sectors. It further notes the Government’s indication that the current Act does not provide for paid annual leave for persons employed in the above-mentioned sectors and that the Government will consider this under the ongoing review of the Act. The Committee requests the Government to provide information on any further developments on this point.

Article 5(1). Minimum period of service giving entitlement to holidays. Public service employees. The Committee notes the adoption of Act No. 86/2013 of 11 September 2013 concerning the establishment of general statutes for public service. With reference to its previous comment concerning the minimum period of service giving entitlement to holidays, the Committee notes the Government’s indication that, upon completion of six months of employment, public service employees should be entitled to benefit from statutory annual leave of 30 calendar days. The Committee notes, however, that section 19 of the new Act No. 86/2013 provides that a public service employee should enjoy annual leave upon completion of twelve months of employment. In this respect, the Committee wishes to recall that, according to Article 5 of the Convention, the minimum period of service should not exceed six months. The Committee once again requests the Government to indicate the measures adopted or envisaged to ensure that the minimum period of service giving entitlement to holidays in the public sector does not exceed six months.

Article 12. Prohibition of the relinquishment of the right to annual holiday with pay. The Committee notes the Government’s indication that section 57 of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda provides that it is prohibited to forgo paid annual leave for a compensatory allowance. It notes, however, that according to section 3 of this Act, every person employed under the general public service statutes is excluded from the scope of application of the provisions laid down in this Act. The Committee therefore requests the Government to provide additional clarifications on this point.

Furthermore, with respect to Article 7(1) of the Convention, the Committee notes the Government’s indication that Government employees are entitled to paid annual leave. It also notes the Government’s indication regarding Article 10 of the Convention that, in practice, every year the human resources department decides the time at which the holiday is to be taken in consultation with employees. However, it notes that Act No. 86/2013 does not contain any provision relating to Articles 7 and 10 of the Convention. Moreover, Act No. 86/2013 does not contain any provision relating to Articles 5(4) (inclusion in the period of service of absences from work for reasons beyond the control of the employed person) and 7(2) (payment of holiday pay in advance) of the Convention. The Committee requests the Government to provide information on how effect is given in law to the above Articles of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 2 and 15(2) of the Convention. Scope of application. Workers governed by Act No. 13/2009. In its previous comment, the Committee noted that section 3 of Act No. 13/2009 of 27 May 2009 regulating labour excludes persons engaged in “agricultural, breeding, commercial or industrial activities” from the scope of application of the provisions concerning paid annual leave. In this regard, the Committee wishes to recall that, under the terms of Article 15(2) of the Convention, the Government has accepted the obligations of the Convention in respect of employed persons in economic sectors other than agriculture. It also recalls that the Government previously indicated that, in practice, agricultural workers benefit from the same rights as workers in other sectors. It further notes the Government’s indication that the current Act does not provide for paid annual leave for persons employed in the abovementioned sectors and that the Government will consider this under the ongoing review of the Act. The Committee requests the Government to provide information on any further developments on this point.

Article 5(1). Minimum period of service giving entitlement to holidays. Public service employees. The Committee notes the adoption of Act No. 86/2013 of 11 September 2013 concerning the establishment of general statutes for public service. With reference to its previous comment concerning the minimum period of service giving entitlement to holidays, the Committee notes the Government’s indication that, upon completion of six months of employment, public service employees should be entitled to benefit from statutory annual leave of 30 calendar days. The Committee notes, however, that section 19 of the new Act No. 86/2013 provides that a public service employee should enjoy annual leave upon completion of twelve months of employment. In this respect, the Committee wishes to recall that, according to Article 5 of the Convention, the minimum period of service should not exceed six months. The Committee once again requests the Government to indicate the measures adopted or envisaged to ensure that the minimum period of service giving entitlement to holidays in the public sector does not exceed six months.

Article 12. Prohibition of the relinquishment of the right to annual holiday with pay. The Committee notes the Government’s indication that section 57 of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda provides that it is prohibited to forgo paid annual leave for a compensatory allowance. It notes, however, that according to section 3 of this Act, every person employed under the general public service statutes is excluded from the scope of application of the provisions laid down in this Act. The Committee therefore requests the Government to provide additional clarifications on this point.

Furthermore, with respect to Article 7(1) of the Convention, the Committee notes the Government’s indication that Government employees are entitled to paid annual leave. It also notes the Government’s indication regarding Article 10 of the Convention that, in practice, every year the human resources department decides the time at which the holiday is to be taken in consultation with employees. However, it notes that Act No. 86/2013 does not contain any provision relating to Articles 7 and 10 of the Convention. Moreover, Act No. 86/2013 does not contain any provision relating to Articles 5(4) (inclusion in the period of service of absences from work for reasons beyond the control of the employed person) and 7(2) (payment of holiday pay in advance) of the Convention. The Committee requests the Government to provide information on how effect is given in law to the above Articles of the Convention.

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

The Committee notes the adoption of Law No. 13/2009 of 27 May 2009 regulating labour which repeals Law No. 51/2001 of 30 December 2001 establishing the Labour Code. It also notes the reference made by the Government to the draft text to amend Law No. 22/2002 of 9 July 2002 on the general statutes of the public service. While noting that, in contrast with the 2001 Labour Code, Law No. 13/2009 contains provisions on paid annual leave which are less complete and precise, the Committee would be grateful to be provided with further information on the following points.

I. Workers governed by Law No. 13/2009

Articles 2 and 15(2) of the Convention. Scope of application. The Committee notes that section 3 of the above Law excludes from the scope of application of the provisions respecting paid annual leave persons engaged in “agricultural, breeding, commercial or industrial activities”. In this respect, the Committee recalls that, under the terms of Article 15(2) of the Convention, the Government has accepted the obligations of the Convention in respect of employed persons in economic sectors other than agriculture, but that it indicated in its report in 2000 that it envisaged the inclusion of agricultural workers within the scope of application of the new Labour Code. It further recalls that the Government indicated previously that in practice agricultural workers benefit in practice from the same rights as workers in other sectors. The Committee requests the Government to provide additional clarifications on this point.

Articles 4(1) and 5(1). Proportionate holidays and minimum period of service for entitlement to holidays. Further to its previous comments on this point, the Committee notes that, by virtue of article 53 of Law No. 13/2009, workers are entitled to leave on the basis of one-and-a-half working days per month of effective continued work. It also notes that, in contrast with section 72 of the former Labour Code, which established one year as the period of minimum service giving entitlement to holidays, the new legislation does not specify a minimum period of service. The Committee therefore understands that no period of service is required and that entitlement to annual holidays with pay is acquired as from the worker’s entry into service. The Committee requests the Government to indicate whether this is indeed the case.

Article 5(4). Inclusion in the period of service of absence from work for reasons beyond the control of the worker. The Committee notes that section 25(3) of Law No. 13/2009 provides that a contract of employment is suspended: (i) during absence from work due to a disease confirmed by a recognized medical doctor; and (ii) the period of the worker’s unavailability due to a work accident or a professional disease. However, it notes that in its 2000 report, the Government indicated that absences from work resulting from the causes mentioned below were counted in the period of service, namely: disease confirmed by medical opinion; unavailability due to a work accident or a professional disease; maternity leave; a strike or lockout carried out in the respect of the procedures regulating labour disputes; absence authorized by the employer; lay-offs; detention of a worker not followed by a conviction; and force majeure. It therefore requests the Government to indicate the measures adopted or envisaged to bring the legislation into conformity with the provisions of the Convention on this point.

Article 10. Determination of the time at which the holiday is to be taken. The Committee notes that section 54 of Law No. 13/2009 provides that at the beginning of every year the employer establishes the annual leave timetable for all the staff. The Committee draws the Government’s attention to the fact that, under Article 10 of the Convention, when the employer determines the time at which the holiday is to be taken, this has to be done after consultation with the employed person concerned or her or his representatives and taking into account not only work requirements, but also the opportunities for rest and relaxation available to the employed person. The Committee requests the Government to indicate the manner in which compliance with this provision is ensured in practice.

The Committee further notes that Law No. 13/2009 does not contain any provisions relating to the following Articles of the Convention: 7(2) (payment of the remuneration due in advance of the holiday); 8 (division of the annual holiday with pay); 9 (postponement and accumulation of annual holiday with pay); and 12 (prohibition of the relinquishment of the right to annual holiday with pay). The Committee requests the Government to indicate the measures adopted or envisaged to give effect to these provisions of the Convention in law and practice.

II. Public service employees

Article 5(1). Minimum period of service giving entitlement to holidays. The Committee notes that section 42(1) of Law No. 22/2002 provides that, upon completion of 12 months of employment, an employee of the State shall be bound to benefit from statutory annual leave of 30 calendar days. The Committee recalls that Article 5 of the Convention provides that the minimum period of service shall not in any event exceed six months. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure that the minimum period of service giving entitlement to holidays in the public sector does not exceed six months.

Article 8(2). Division of annual holiday with pay. Duration. The Committee notes that section 42(2) of Law No. 22/2002 provides that the annual holiday may be divided into a maximum of three parts. It notes that the legislation in force does not contain any provision respecting the duration of these parts. While recalling that under Article 8(2) of the Convention, one part of the holiday shall consist of at least two uninterrupted working weeks, the Committee requests the Government to provide additional information on this matter.

Furthermore, the Committee notes that Law No. 22/2002 does not contain any provision relating to the following Articles of the Convention: 4 (proportionate holiday); 5(4) (inclusion in the period of service of absences from work for reasons beyond the control of the employed person); 6(1) (public and customary holidays); 7(1) (holiday pay); 7(2) (payment of holiday pay in advance); 10 (determination of the time at which the holiday is to be taken); and 12 (prohibition of the relinquishment of the right to annual holiday with pay). The Committee hopes that the Government will take the opportunity of the amendment of Law No. 22/2002 on the general statutes of the public service to include in the new Law provisions that give full effect to the above Articles of the Convention. It requests the Government to keep the Office informed of any developments concerning the amendment process and to provide a copy of the new legislation once it has been adopted.

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

The Committee notes the adoption of Law No. 13/2009 of 27 May 2009 regulating labour which repeals Law No. 51/2001 of 30 December 2001 establishing the Labour Code. It also notes the reference made by the Government to the draft text to amend Law No. 22/2002 of 9 July 2002 on the general statutes of the public service. While noting that, in contrast with the 2001 Labour Code, Law No. 13/2009 contains provisions on paid annual leave which are less complete and precise, the Committee would be grateful to be provided with further information on the following points.

I.     Workers governed by Law No. 13/2009

Articles 2 and 15, paragraph 2, of the Convention. Scope of application. The Committee notes that section 3 of the above Law excludes from the scope of application of the provisions respecting paid annual leave persons engaged in “agricultural, breeding, commercial or industrial activities”. In this respect, the Committee recalls that, under the terms of Article 15(2) of the Convention, the Government has accepted the obligations of the Convention in respect of employed persons in economic sectors other than agriculture, but that it indicated in its report in 2000 that it envisaged the inclusion of agricultural workers within the scope of application of the new Labour Code. It further recalls that the Government indicated previously that in practice agricultural workers benefit in practice from the same rights as workers in other sectors. The Committee requests the Government to provide additional clarifications on this point.

Article 4, paragraph 1, and Article 5, paragraph 1. Proportionate holidays and minimum period of service for entitlement to holidays. Further to its previous comments on this point, the Committee notes that, by virtue of article 53 of Law No. 13/2009, workers are entitled to leave on the basis of one-and-a-half working days per month of effective continued work. It also notes that, in contrast with section 72 of the former Labour Code, which established one year as the period of minimum service giving entitlement to holidays, the new legislation does not specify a minimum period of service. The Committee therefore understands that no period of service is required and that entitlement to annual holidays with pay is acquired as from the worker’s entry into service. The Committee requests the Government to indicate whether this is indeed the case.

Article 5, paragraph 4. Inclusion in the period of service of absence from work for reasons beyond the control of the worker. The Committee notes that section 25(3) of Law No. 13/2009 provides that a contract of employment is suspended: (i) during absence from work due to a disease confirmed by a recognized medical doctor; and (ii) the period of the worker’s unavailability due to a work accident or a professional disease. However, it notes that in its 2000 report, the Government indicated that absences from work resulting from the causes mentioned below were counted in the period of service, namely: disease confirmed by medical opinion; unavailability due to a work accident or a professional disease; maternity leave; a strike or lockout carried out in the respect of the procedures regulating labour disputes; absence authorized by the employer; lay-offs; detention of a worker not followed by a conviction; and force majeure. It therefore requests the Government to indicate the measures adopted or envisaged to bring the legislation into conformity with the provisions of the Convention on this point.

Article 10. Determination of the time at which the holiday is to be taken. The Committee notes that section 54 of Law No. 13/2009 provides that at the beginning of every year the employer establishes the annual leave timetable for all the staff. The Committee draws the Government’s attention to the fact that, under Article 10 of the Convention, when the employer determines the time at which the holiday is to be taken, this has to be done after consultation with the employed person concerned or her or his representatives and taking into account not only work requirements, but also the opportunities for rest and relaxation available to the employed person. The Committee requests the Government to indicate the manner in which compliance with this provision is ensured in practice.

The Committee further notes that Law No. 13/2009 does not contain any provisions relating to the following Articles of the Convention: 7(2) (payment of the remuneration due in advance of the holiday); 8 (division of the annual holiday with pay); 9 (postponement and accumulation of annual holiday with pay); and 12 (prohibition of the relinquishment of the right to annual holiday with pay). The Committee requests the Government to indicate the measures adopted or envisaged to give effect to these provisions of the Convention in law and practice.

II.    Public service employees

Article 5, paragraph 1. Minimum period of service giving entitlement to holidays. The Committee notes that section 42(1) of Law No. 22/2002 provides that, upon completion of 12 months of employment, an employee of the State shall be bound to benefit from statutory annual leave of 30 calendar days. The Committee recalls that Article 5 of the Convention provides that the minimum period of service shall not in any event exceed six months. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure that the minimum period of service giving entitlement to holidays in the public sector does not exceed six months.

Article 8, paragraph 2. Division of annual holiday with pay. Duration. The Committee notes that section 42(2) of Law No. 22/2002 provides that the annual holiday may be divided into a maximum of three parts. It notes that the legislation in force does not contain any provision respecting the duration of these parts. While recalling that under Article 8(2) of the Convention, one part of the holiday shall consist of at least two uninterrupted working weeks, the Committee requests the Government to provide additional information on this matter.

Furthermore, the Committee notes that Law No. 22/2002 does not contain any provision relating to the following Articles of the Convention: 4 (proportionate holiday); 5(4) (inclusion in the period of service of absences from work for reasons beyond the control of the employed person); 6(1) (public and customary holidays); 7(1) (holiday pay); 7(2) (payment of holiday pay in advance); 10 (determination of the time at which the holiday is to be taken); and 12 (prohibition of the relinquishment of the right to annual holiday with pay). The Committee hopes that the Government will take the opportunity of the amendment of Law No. 22/2002 on the general statutes of the public service to include in the new Law provisions that give full effect to the above Articles of the Convention. It requests the Government to keep the Office informed of any developments concerning the amendment process and to provide a copy of the new legislation once it has been adopted.

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. Referring to its previous comments, the Committee notes that section 134(2) of the Labour Code provides for proportionate remuneration in case of suspension of the employment contract and that no other provision or measures appear to ensure compliance with the Convention by establishing the right to proportionate holidays for workers, who cannot be employed all the working days of the qualifying year. The Committee therefore requests the Government to indicate whether the amendment to the Labour Code currently under discussion will contain a provision granting persons who complete a period of work less than a year, the right to holidays proportionate to their effective length of service.

Article 5, paragraphs 1, 2 and 4. Section 134(1) of the Labour Code apparently requires one year of service for full entitlement to any annual holiday with pay. The Committee recalls that under Article 5, paragraph 2, of the Convention, the minimum period of service for such an entitlement must not exceed six months. It asks the Government to indicate the minimum length of service considered as qualifying period for entitlement to any holiday with pay.

The Committee further notes that, according to section 133(6) in conjunction with section 31 of the Labour Code, absence from work for the reasons enumerated under section 30, Nos 3 to 11, of the Code is not counted as part of the period of service. It requests the Government to indicate the steps taken or contemplated to ensure that all periods of absence from work for reasons beyond the control of the employed person are counted as part of the period of service.

Article 7, paragraph 2. The Committee notes from the Government’s last report that conformity with the Convention is ensured in practice, and that the Labour Code under revision will require explicitly that the amounts due must be paid in advance of the holiday. Please keep the Office informed of any progress achieved in this respect.

Article 9. Noting that the revised Labour Code will include provisions on the accumulation and postponement of holidays, the Committee asks the Government to supply the new text when it becomes available.

Part V of the report form. Please supply, wherever possible, extracts from the reports of the inspection services, and any available statistics on the number of workers covered by the legislation on paid leave and on the numbers and nature of contraventions reported.

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

The Committee notes the information provided with the Government’s last report. It requests the Government to supply further details on the following points.

Article 4 of the Convention. Referring to its previous comments, the Committee notes that section 134(2) of the Labour Code provides for proportionate remuneration in case of suspension of the employment contract and that no other provision or measures appear to ensure compliance with the Convention by establishing the right to proportionate holidays for workers, who cannot be employed all the working days of the qualifying year. The Committee therefore requests the Government to indicate whether the amendment to the Labour Code currently under discussion will contain a provision granting persons who complete a period of work less than a year, the right to holidays proportionate to their effective length of service.

Article 5, paragraphs 1, 2 and 4. Section 134(1) of the Labour Code apparently requires one year of service for full entitlement to any annual holiday with pay. The Committee recalls that under Article 5, paragraph 2, of the Convention, the minimum period of service for such an entitlement must not exceed six months. It asks the Government to indicate the minimum length of service considered as qualifying period for entitlement to any holiday with pay.

The Committee further notes that, according to section 133(6) in conjunction with section 31 of the Labour Code, absence from work for the reasons enumerated under section 30, Nos. 3 to 11, of the Code is not counted as part of the period of service. It requests the Government to indicate the steps taken or contemplated to ensure that all periods of absence from work for reasons beyond the control of the employed person are counted as part of the period of service.

Article 7, paragraph 2. The Committee notes from the report that conformity with the Convention is ensured in practice, and that the Labour Code under revision will require explicitly that the amounts due must be paid in advance of the holiday. Please keep the Office informed of any progress achieved in this respect.

Article 9. Noting that the revised Labour Code will include provisions on the accrual and postponement of holidays, the Committee asks the Government to supply the new text when it becomes available.

Part V of the report form. Please supply, wherever possible, extracts from the reports of the inspection services, and any available statistics on the number of workers covered by the legislation on paid leave and on the numbers and nature of contraventions reported.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's first two reports on the application of the Convention. Noting the provisions of sections 133 and 134 of the Labour Code, it requests the Government to indicate the manner in which effect is given to Article 4 of the Convention, which provides that a person whose length of service is less than that required for the full entitlement prescribed in Article 3 of the Convention shall be entitled to a proportionately reduced period of holiday with pay. Furthermore, the Government is requested to indicate the legislative provisions and other relevant measures which have been taken or are envisaged to give effect to Articles 7, 9 and 12 of the Convention. Finally, the Committee notes the Government's indications that full and complete effect will be given to certain provisions of the Convention when the draft text revising the Labour Code is adopted and it hopes that the Government will be in a position to report the adoption of this text in its next report.