Rwanda
Prime Minister's Order determining the Mission, Organization and Functioning of the National Labour Council
Prime Ministers Order 125 of 2010
- Published in Official Gazette 45 on 8 November 2010
- Assented to on 25 October 2010
- Commenced on 8 November 2010
- [This is the version of this document from 8 November 2010.]
Chapter One
General provisions
Article One – Purpose of this Order
This Order determines the mission, organization and functioning of the National Labour Council.Article 2 – Scope of this Order
This Order relates only to employment of employees governed by the Law regulating labour in Rwanda.Chapter II
Mission of the National Labour Council
Article 3 – Mission
In general, the National Labour Council shall be responsible for giving advice on policies and laws regulating labour and also play a role in settlement of labour disputes.Specifically, the National Labour Council shall be responsible for:1ºgiving advice on bills and draft regulations concerning labour and social security;2ºassisting in application of laws and regulations;3ºidentifying all the shortcomings in the field of labour laws and to propose amendments;4ºstudying all labour, employment, vocational training, social security related issues and safety as well as the working and living conditions of workers;5ºproviding opinion on studies regarding labour market information and statistics;6ºproviding opinion on setting and changes in the minimum guaranteed wages (SMG);7ºdetermining modalities of establishment of the arbitration committees for collective labour disputes and set up those arbitration committees;7ºgiving advice on any other issues raised by the Minister in charge of labour relating to matters under its responsibilities.Chapter III
Organisation of the National Labour Council
Section One – Composition of the National Labour Council, appointment and requirements of its members
Article 4 – Members of the National Labour Council
The National Labour Council shall be composed of the following:1ºThe Minister in charge of labour who is also its Chairperson;2ºFive (5) State representatives;3ºFive (5) Trade Union representatives;4ºFive (5) employers' organisations representatives;5ºFive (5) Civil Society representatives.Except the Chairperson, other members of the National Labour Council shall be appointed by an Order of the Minister in charge of Labour for a four (4) year term renewable only once.At least thirty percent (30%) of the members of the National labour council shall be women.Members of the National Labour Council shall remain in office until their replacement notwithstanding the expiry of their term of office.Article 5 – Nomination of members of the National Labour Council other than State representatives
Representatives of workers, employers and civil society shall be appointed upon proposal by the most representative workers' and employers' bodies and of the most representative civil society organisations.Article 6 – Replacement of members of the National Labour Council
Any vacant post that occurs before the expiry of the specified term of office, the Minister in charge of labour shall replace the member in the same procedure as provided for in Article 5 of this Order.Article 7 – Required profile of the members of the National Labour Council
Members of the National Labour Council shall be required:1ºnot to have been deprived of their civic and political rights;2ºto be at least twenty five (25) years old,3ºto be at least five (5) years of work experience;4ºnot to have been never convicted for any labour legislation related offence;5ºnot to have been never sentenced to a term equal to or exceeding six (6) months imprisonment;6ºnot to have been adjudicated for bankruptcy cases.Article 8 – Required documents for members of the National Labour Council
In order to be appointed as members of the National Labour Council, State representatives, employees and employers as well as civil society representatives shall produce the following documents:1ºCurriculum vitae;2ºCopy of a police criminal record.Section 2 – Organs of the National Labour Council
Article 9 – Organs
The National Labour Council shall be composed of the following organs:1ºThe Chairperson;2ºThe Bureau;3ºThe Secretariat.Article 10 – Responsibilities of the Chairperson
The Chairperson of the National Labour Council convenes and chairs the Council’s meetings. He/she submits the Council's annual progress report to the Prime Minister.Article 11 – Composition of the Bureau of the National Labour Council
The Bureau of the National Labour Council Shall be composed of the following:1ºThe Chairperson of the Council;2ºThree (3) Vice-Chairpersons, and these shall be:a)one nominated by representatives of employers;b)one nominated by representatives of employees;c)one nominated by Civil Society representatives.Among these three Vice-Chairpersons, the National Labour Council shall elect the First, the Second and the Third Vice-chairperson.Article 12 – Responsibilities of the Bureau of the National Labour Council
The responsibilities of the Bureau of the National Labour Council shall be the following:1ºTo draft the action of plan and submit it to the National Labour Council for approval;2ºTo prepare the agenda of the Council's meetings;3ºTo consider and decide on issues that are within the competence of the Council in respect of which it has been given delegation;4ºTo consider and take a provisional decision on issues within the competence of the National Labour Council that are exceptionally urgent, upon the request of the Minister in charge of Labour;5ºTo consider claims of employees or employers who are aggrieved of the decisions taken by relevant authorities on their plans to ensure the maintenance of the necessary minimum service in case of suspension of work or closure of enterprises;6ºTo follow up the implementation of the National Labour Council's decisions.Provisional decisions mentioned in point 4º of this Article shall be submitted for approval to the Council at its next ordinary session or in case of emergency, at its extraordinary session.Article 13 – Meeting of the Bureau
The meeting of the Bureau of the National Labour Council shall be convened in writing and chaired by its chairperson as often as necessary. The meeting shall be held if the half (1/2) of the members of the National Labour Council are presents. Failure to obtain this quorum, the meeting is postponed for at least not less than seven (7) days without considering the quorum.Article 14 – Secretary of National Labour Council
An employee shall be recruted in the Ministry in charge of Labour under Labour Directorate General and will specifically be in charge of the National Labour Council secretariat.Article 15 – Duties of the National Labour Council's Secretary
Generally, the National Labour Council Secretary shall be responsible for preparing council meetings and monitoring them, making reports thereof and maintaining useful documentations and information.Specifically, the Secretary shall be responsible for:1ºEnsuring smooth day to day performance of the National Labour Council activities;2ºEnsuring secretarial services of the National Labour Council meetings and its Bureau;3ºFollowing up day to day the implementation of decisions of the National Labour Council and of its Bureau;4ºGathering useful books and other documents for National Labour Council;5ºPerforming any other task within the scope of his/her duties, as may be assigned by the National Labour Council or its Chairperson.Chapter IV
Functioning of the National Labour Council
Article 16 – Internal rules of procedure
The National Labour Council shall adopt its internal rules of procedure.Article 17 – Meetings of the National Labour Council
The National Labour Council shall meet twice (2) a year in its ordinary sessions when convened by its Chairperson. In his/her absence, the meeting may be convened and chaired by one of the Vice-Chairpersons, subject to their respective ranking.It shall meet in an extraordinary session as often as necessary, upon request by its chairperson or upon request of two thirds (2/3) of its members.The notice convening the meeting shall indicate the agenda and be accompanied with working documents.The notice convening an ordinary session shall reach the members at least eight (8) days before the meeting convenes. The notice convening an extra ordinary meeting shall reach the members two (2) days before the meeting convenes.Article 18 – Quorum
The quorum shall be constituted by two thirds (2/3) of the members of the Council and all categories of members shall be represented.Failure to obtain the quorum, the meeting shall be postponed for at least not less than eight days from the day it would have been held.On that date, the meeting shall be held if at least half (1/2) the members are present, without considering represented categories.Article 19 – Majority required to take decisions
The decisions of the National Labour Council shall be taken by consensus, and if consensus is not obtained, the members shall vote. The decisions shall be valid only when voted by the absolute majority of members present.The Chairperson shall not vote.Article 20 – Sanctions for absenteeism
Any absence of the members of the National Labour Council or Bureau at its meetings shall be justified in writing.In case of three successive absences of a member of National Labour Council or Bureau at its meetings of a member without a written justification, the National Labor Council shall temporarly suspend him/her and the competent authorities shall take a final decision.Article 21 – Facilitating workers representatives
During the exercise of their mandate, workers representatives in the National Labour Council shall be guaranteed permission by their employers to enable them to attend the meetingsChapter V
Miscellaneous and final provisions
Article 22 – Sitting allowances and other operating expenses
Members of the National Labour Council present in its meeting shall be entitled to a sitting allowance determined by a Presidential Order.The Government shall also guarantee transport facilities and other operating expenses to the members of the National Labour Council.Article 23 – Authorities responsible for the implementation of this Order
The Minister of Public Service and Labour and the Minister of Finance and Economic Planning are entrusted with the implementation of this Order.Article 24 – Repealing provision
The Prime Minister's Order n° 62/03 of 02/11/2005 establishing and determining the functioning of the National Labour Council and all prior provisions contrary to this Order are hereby repealed.Article 25 – 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
08 November 2010 this version
Commenced
25 October 2010
Assented to