Rwanda
Ministerial Order determining Modalities for the Implementation of Weekly Working Hours in the Private Sector
Ministerial Order 5 of 2020
- Published in Official Gazette special on 19 March 2020
- Assented to on 17 March 2020
- Commenced on 19 March 2020
- [This is the version of this document from 19 March 2020.]
Article One – Purpose of this Order
This Order determines the modalities for the implementation of working hours in a week in the private sector.Article 2 – Consideration given to working hours
Hours worked for during the day, night, on an official holiday or during the weekend are the same and remunerated equally.Article 3 – Reasons for working overtime
An employee may, upon request by the employer, work overtime if:1°the work requires urgency;2°the work is exceptional;3°the work is seasonal;4°the work is done to preserve or increase productivity;5°the work is of a special nature.Article 4 – Calculation and recording of hours of overtime
Hours of overtime are calculated as follows:1°hours worked for after forty five (45) hours per week;2°hours worked for after the working hours stated in working timetable, in case the working hours specified are below forty five (45) hours in a week;3°hours worked for after the working hours stated in the employment contract, in case the working hours specified in such contract are below forty five (45) hours in a week.The employer records the hours and days of overtime in an appropriate register or electronically and, the employee affirms the records by appending his or her signature or through other electronic means determined by the employer.Article 5 – Compensation for non-worked hours
In case the work of the enterprise is interrupted due to an accident, power shortage, unfavourable weather conditions, disaster, shortage of materials or means for their transportation, the salary is not deducted, instead non-worked hours may be recovered by working for extra hours. However, an employer cannot request an employee to compensate non-worked hours, if he or she did not authorise the employee to leave the workplace.Non-worked hours are compensated by extending the normal working hours during the week or weeks immediately following the interruption within a period not exceeding thirty (30) days.Article 6 – Payment of overtime
An employee who works overtime is entitled to a rest period equal to the extra hours performed within a period not exceeding thirty (30) days from the date he or she worked the overtime.However, extra hours for which the compensatory rest period is not granted within the period provided for in Paragraph One of this Article are paid for in the next month and appear on the payslip.Article 7 – Calculation of salary for the overtime
The salary on which the overtime salary is calculated is the gross salary of an employee.Article 8 – Repealing provision
Ministerial Order n° 04/19.19 of 17/09/2009 determining the modalities for application of the weekly working hours in the private sector and all prior provisions contrary to this Order are repealed.Article 9 – Commencement
This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.History of this document
19 March 2020 this version
Commenced
17 March 2020
Assented to