Rwanda
Ministerial Order establishing the List of Gross Misconduct
Ministerial Order 2 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 establishes the list of gross misconduct that are committed by an employee which leads to termination of employment contract without notice.Article 2 – List of acts considered as gross misconduct
The following acts are considered as gross misconduct:1°theft;2°fraud;3°fighting at workplace;4°taking alcoholic drinks at workplace;5°to be on duty under the influence of alcohol or drugs;6°falsification;7°any form of discrimination at workplace;8°sexual harassment;9°soliciting, offering or receiving bribes or illicit benefit;10°embezzlement;11°unlawfully obtaining or disclosing professional confidential information;12°behavior that may endanger the health and safety of others at workplace;13°gender-based violence at workplace;14°illegal strike;15°intentional destruction of work equipment.An employee who commits any of the acts provided for in Paragraph One of this Article commits a gross misconduct that leads to termination of employment contract without notice.Article 3 – Determination of other acts considered as gross misconduct
Due to the nature of an enterprise and without prejudice to the definition of gross misconduct as provided for in the law regulating labour, an employer may determine a list of other acts or behavior considered as gross misconduct additional to those specified in Article 2 of this Order and approved by the Minister in charge of labour before its implementation. That list is incorporated in the rules of procedures of enterprise and notified in writing to the employees before implementation.For enterprises that are not required by the law to establish rules of procedures, the list of gross misconduct is notified to the employees before its implementation.Article 4 – Repealing provision
All prior provisions contrary to this Order are repealed.Article 5 – Commencement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