Rwanda
Ministerial Order determining the Nature of Apprenticeship and Internship Contracts
Ministerial Order 8 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.]
Chapter One
General provision
Article One – Purpose of this Order
This Order determines the nature of the apprenticeship and internship contracts.Chapter II
Apprenticeship contract
Article 2 – Nature of apprenticeship contract
An apprenticeship contract is a contract concluded in writing between the apprentice and the apprenticeship instructor.Article 3 – Duration of apprenticeship contract
The duration of apprenticeship contract is fixed depending on the nature of the profession. However, such duration cannot exceed four (4) years.Article 4 – Content of contract of apprenticeship
Apprenticeship contract contains:1°identification of the apprentice and address of his or her place of domicile;2°identification of the apprenticeship instructor and the place of business;3°identification of the apprentice’s parents, or his or her guardian, foster parent or any other person exercising parental authority over the apprentice;4°obligations of both the apprentice and apprenticeship instructor;5°duration of the contract;6°procedures for termination of the contract;7°the profession under which the apprentice is trained;8°means of facilitating the apprentice, where applicable;9°procedures for dispute settlement.Article 5 – Professional skills of the apprenticeship instructor
The apprenticeship instructor must have professional skills related to what the apprentice wants to learn.Article 6 – Training based on the capacity of the apprentice
The apprenticeship instructor trains the apprentice on the basis of the capacity of the latter and the works that comply with the profession he or she is learning.Article 7 – Assistance provided to the apprentice
An apprenticeship instructor may provide the apprentice with any assistance, including meals, transport or any other benefit that facilitate the apprentice in the apprenticeship.Article 8 – Obligations of the apprentice
The apprentice must:1°comply with the instructions of the apprenticeship instructor;2°fulfil the tasks assigned to him or her by the apprenticeship instructor;3°maintain the equipment given to him or her and return it to the apprenticeship instructor at the end of the apprenticeship;4°keep professional secrecy during and after apprenticeship.Article 9 – Responsibilities of the instructor
The instructor has the following responsibilities:1°to train an apprentice in order to allow him or her to acquire professional skills which is the object of the apprenticeship contract;2°to supervise and monitor the apprentice during apprenticeship period;3°to create a conducive learning environment that enhances the know-how of the apprentice;4°to evaluate apprentice’s performance;5°issue an apprenticeship certificate to the apprentice showing that he or she completed apprenticeship.Article 10 – Apprentice file
The apprenticeship instructor must open a file for an apprentice indicating how the apprentice is progressing in his or her training.An apprentice is authorised to have access to the file free of charge.Article 11 – Termination of apprenticeship contract
An apprenticeship contract may be terminated if:1°both parties agree to terminate it;2°one of the parties dies;3°the enterprise is closed.An apprenticeship instructor or an apprentice may terminate in writing an apprenticeship contract in the following cases:1°call of the apprenticeship instructor or the apprentice to the national service;2°circumstances beyond control of either party;3°non-respect of terms of apprenticeship contract by either party;4°misconduct of either party to the contract;5°if the apprentice is unfit for apprenticeship due to health reasons established by a recognised medical doctor.Any party who wants to terminate the apprenticeship contract precisely states reasons for the termination, and where applicable, attaches relevant documents on the request for termination of the contract.Any party who wants to terminate the apprenticeship contract may do it within a period of fifteen working (15) days from the occurrence of one of reasons provided for in Paragraph One of this Article.Article 12 – Expiry of the apprenticeship contract
An apprenticeship contract comes to an end at the expiry of its duration. However, without prejudice to provisions of Article 3 of this Order, the apprenticeship contract may be renewed on mutual agreement of both parties.Chapter III
Internship contract
Article 13 – Internship contract
The internship contract is concluded in writing.Article 14 – Duration of internship contract
The duration of internship contract cannot exceed twelve (12) months.Article 15 – Content of internship contract
The content of internship contract is the same as the content of apprenticeship contract provided for in Article 4 of this Order.Article 16 – Obligations of the intern
The intern has the same obligations as those provided for in Article 8 of this Order.Article 17 – Responsibilities of employer
Employer has the following responsibilities to an intern:1°to coach an intern in order to acquire work experience and apply skills acquired through formal education;2°to supervise and monitor an intern during his or her internship period;3°to create a conducive learning environment that enhances the know-how;4°to evaluate the intern’s performance;Article 18 – Assistance provided to the intern
The intern is given a supervisor during the internship period.The intern may benefit from an internship facilitation agreed upon with his or her hosting enterprise similar to the facilitation provided to the apprentice specified in Article 7 of this Order.Article 19 – Expiry of the internship contract
The internship contract comes to an end if:1°the duration provided for in Article 14 of this Order expires;2°the intern unilaterally terminates the internship contract;3°both parties agree to terminate the internship;4°one of the parties dies;5°there is bankruptcy or dissolution of the enterprise in which the internship is conducted;6°the supervisor establishes that the intern does not comply with rules of the hosting enterprise.Chapter IV
Final provisions
Article 20 – Repealing provision
Ministerial Order n° 03/Mifotra/11 of 07/03/2011 determining the nature and the form of the apprenticeship and internship contracts and all prior provisions contrary to this Order are repealed.Article 21 – 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