HOW EMPLOYEE’S SERVICES CAN LEGALLY BE TERMINATED BY THE EMPLOYER IN RWANDA.

HOW EMPLOYEE’S SERVICES CAN LEGALLY BE TERMINATED BY THE EMPLOYER IN RWANDA.

Every employer has a right to hire and fire an employee however termination has to be done legally in accordance with the law.

Laws applicable

 An employer desirous of terminating employee’s services legally should do the following,

1. Find copies of the employee’s appointment letter, contract and human resource manual (if any) and seek legal advice from a lawyer about your intentions to terminate employees’ services.
2. Follow the lawyer’s advice which should include transparent and fair negotiations with employee in issue.
3. However, from experience, it is better for the employer to hire outside lawyer for purposes of conduct transparent and fair negotiations with the employee in issue to avoid positions based on the passed relationship between the employee and his or her superiors.
4. The employer should allow the employee to engage a lawyer in case the employee wishes to have a lawyer assist her or him during negotiations.
5. All the terms to be negotiated and agreed upon should be in accordance with the laws mentioned above.
6. Reduce the outcome of your negotiations in writing and have each party append his or her signature which should include the following provisions:
7. Hand over
8. issuance of termination notice in accordance to the law or payment in lieu of notice.
9. Payment of un paid leave if any
10. Payment of repatriation
11. Payment of severance pay
12. Payment of unpaid social security fund
13. Payment of Gratuity
14. Payment of any arrears
15. Appreciation package
16. Among others.
17. In case the employee sustained any injury or effected with any disease have the assessment carried out in terms of incapacity and compensate him too.
18. The employer should then proceed to terminate the employee’s services.
19. Where it is not possible to hold negotiations with the employee, the employer should seek legal guidance from a lawyer on how to proceed in accordance to the law in consideration of the above provisions.

NOTE: whereas the author has made necessary efforts to ensure the accuracy of this post, it is not intended to provide specific legal advice to a particular individual as individual situations may differ

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 Author: Okumu Martin

 A regional transaction legal consultant (ADVOCATE) at NOA REGIONAL ASSOCIATED ADVOCATES AND LEGAL CONSULTANTS.

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