Rwanda
Ministerial Order determining the Recruitment Procedures of Foreign Workers
Ministerial Order 1_19 of 2009
- Published in Official Gazette 10 on 9 March 2009
- Assented to on 25 February 2009
- Commenced on 9 March 2009
- [This is the version of this document from 9 March 2009.]
Article One – Purpose of this Order
This Order determines the recruitment procedure of foreign workers.Article 2 – Definition of the terms “foreign worker”
In accordance with this Order, is considered a foreign worker any person without Rwandan nationality working or wishing to work in any remunerated activity.Article 3 – Categories of foreign workers in Rwanda
There are two different categories of foreign workers in Rwanda: Category A and BCategory A: A foreigner in this category is the one whose monthly gross remuneration is at least Five hundred thousand Rwandan francs (500,000 Rwf).Category B: A foreigner in this category is the one whose monthly gross remuneration is below Five hundred thousand Rwandan francs (500,000 Rwf).Article 4 – Work permit
Work permit shall be issued by the competent authority. Any employer is prohibited to recruit foreign workers without work permits.The work permit issued to foreign workers is valid for a period of one (1) year renewable.However, the application to renew the work permit must be introduced at least three (3) months before its expiration.Article 5 – Work permit fees
Work permit fee for a foreign worker in Category A shall be fifty thousand Rwandan francs (50,000 Rwf) annuallyWork permit fee for a foreigner in Category B shall be ten thousand Rwandan francs (10,000 Rwf) annuallyArticle 6 – Exemption from work permit fees
A foreign worker and citizen of East African Community Member States shall be exempted from work permit fees.The provisions of the previous paragraph shall be applicable to following foreign workers:1°foreign worker whose countries have special agreement of free movement of labour with Rwanda.2°refugee worker.Worker with special skills which are rare on the Rwandan labour market may be exempted from work permit fees.However, the foreigner exempted from work permit fees shall obtain it free of charge, but must have them registered.Article 7 – Employment limitation for a foreign worker
An employer is prohibited to utilise a foreign worker in any other activity other than the one whose authorisation was granted.Authorisation to work and work permit shall be only valid for the employers and the employees who solicited and obtained them.An employer must present work permit for the foreign worker at any time demanded by the competent authority.Article 8 – Dispossession of the authorisation to work and work permit
Authorisation to work and work permit shall be automatically dispossessed from the beneficiary due to the following reasons:1°When the employer used fraudulent means to obtain them;2°When the employer or a worker do not anymore fulfils the conditions required;3°When it is established that the foreign worker’s remuneration is based on disguising way intended to channel the resources of the enterprise outside the country;4°When the conduct of foreign worker compromises the security or country laws and regulations in force.Article 9 – Dismissed, resigned or deported foreign worker
An employer must inform the competent authority of any foreign worker dismissed or resigned or else deported and the work permit handed back within thirty days (30).Article 10 – Penalties
Any infraction against the provisions of this Order shall be punished by penalties provided for in Article 193 of the Law n° 51/2001 of 30/12/2001 on Labour Code.Article 11 – Repealing of inconsistent provisions
All prior provisions contrary to this Order are hereby repealed.Article 12 – Commencement
This Order shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.History of this document
09 March 2009 this version
Commenced
25 February 2009
Assented to