Capital: Kigali

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is hampered by overly complex procedures
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Kigali

reported violations- 2011
Trade union rights in law
Problematic areas remain in the labour law despite the adoption of a new Labour Code in May 2009. While the Code and the Constitution guarantee freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
, there are no provisions that secure trade union rights in the public sector. In addition, to be recognised as the most representative organisation, a union must allow the labour administration to check the register of its members and property, which could allow for government interference.
Furthermore, a collective agreement shall be negotiated within a joint committee convened by the Minister of Labour at the request of only one of the parties. All collective labour disputes are also subject to mandatory conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation
, and are referred to an arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation
committee set up by the National Labour Council if an agreement can not reached.
Strikes are forbidden until all the procedures have been exhausted, which can take more than two months. Finally, the terms and conditions for exercising the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
will be determined by a Minister’s Order.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
Some provisions of the new labour code adopted in May 2009 which still need to be regulated could be in breach of ILO principles: (1) Some sectors are excluded from its scope of application, including family agricultural, breeding, commercial or industrial activities. (2) An order of the Minister in charge of Labour will determine the modalities and conditions for the registration of trade union or employers’ professional organisations. (3) The terms and conditions for exercising the right to strike, including the modalities of minimum service in "indispensable services" (which include those ensuring the rights to life and health, to freedom and security, to freedom of movement and to freedom of communication and information), will be determined by a Minister's Order.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
The new labour code contains sanctions (payment of damages) in the event of acts of anti-union discrimination. However, the amount of the damages has not been fixed.
Restrictions
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to freely organise activities and formulate programmes
- Any organisation requesting recognition as the most representative organisation must allow the labour administration to check the register of its members and property. This could constitute interference in the trade union's finances.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Other civil servants and public employees
- There is no clear provision recognising the right to organise of public servants and staff of public enterprises.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law but strictly regulated.
A new labour law has been adopted in May 2009.
Restrictions
Restrictions on the principle of free and voluntary bargaining:
- >Compulsory conciliation and / or binding arbitration procedure in the event of disputes during collective bargaining, other than in essential services
- In the event of failure of the conciliation procedure, the National Labour Council must set up an arbitration committee to resolve the collective labour dispute. Its decision may be subject to appeal to the competent jurisdiction, whose decision shall be binding.
- >Authorities' power to intervene in the preparation of collective agreements
- At the request of a representative organisation of workers or employers, the collective agreement shall be negotiated within a joint committee convened by the Minister of Labour. Such provision may restrict the principle of free and voluntary bargaining by the parties and may even be applied where only one party wishes to have a new collective agreement before the existing agreement has expired.
Limitations or ban on collective bargaining in certain sectors:
- >Other civil servants and public employees
- Public servants are not allowed to bargain collectively.
Right to strike
Principles
Right to strike:
- >The right to strike is regulated by a Labour Code.
Some provisions of the new labour code adopted in May 2009 which still need to be regulated could be in conflict with ILO principles including on the right to strike. The terms and conditions for exercising the right to strike, including the modalities of minimum service in "indispensable services" (which include those ensuring the rights to life and health, to freedom and security, to freedom of movement and to freedom of communication and information), will be determined by a Minister's Order.
Restrictions
Legal barriers to lawful strike actions:
- >Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions
- In the event of failure of the conciliation procedure, the National Labour Council must set up an arbitration committee to resolve the collective labour dispute. Strikes are forbidden until the procedures have been exhausted (which may take more than 2 months).
Limitations or ban on strikes in certain sectors:
- >Undue restrictions for "public servants"
- There are no legislative provisions referring to the recognition and conditions governing the right to strike of public servants.
- >Unreasonable or discretionary (i.e. without negotiation with social partners or absence of an independent authority in the event of disagreement) determination of the extent of the "minimum service" to be guaranteed during strikes in public services
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Kigali

reported violations - 2011
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Kigali

reported violations - 2011
Violations
See arbitration, conciliation by the National Labour Council and the Ministry for Labour.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Kigali
