Burundi is a small, land-locked nation in Central Africa, bordering Tanzania and Rwanda. With a troubled history of ethnic conflicts, Burundi’s economy continues to suffer from an underdeveloped manufacturing industry as well as corruption, poor governance, low educational levels, as well as a high level of poverty.
With a population of about 11,466,756, Burundi’s ethnic groups include Hutu (85%) and Tutsi (14 and languages spoken include Swahili, English, and Kirundi, the official language. Kirundi is spoken by both the Hutu as well as the Tutsi. People of Burundi also practice several religions include Protestant Christianity (23.9%), Islam (2.5%), and Roman Catholicism which is the main religion with 62.1% of the population practicing.
The labor law of Burundi defines permanent employees as employees who are hired for an indefinite time. All contracts without express duration are presumed to be for an indefinite term. Permanent employment contracts may include a trial clause; however, the trial must be expressed in writing.
Employers are required to maintain a register of permanent employees, containing the name, date of birth, nationality, qualifications, and the date of joining.
All employment contracts must be concluded in writing, irrespective of the type of employment. The contract must be written in an official language that the employee understands.
All labor contracts must include the following:
Company name, address, and possibly the name of the director or manager of the company
Employee name
Date and place of birth of the employee
Employee's nationality
Composition of the employee's family
Employee profession or trade
Employee address
Start date
Duration of employment
Nature of work to be performed
Location(s) where the work will be performed
Employee's classification in the professional hierarchy
Salary information, including bonuses, allowances, family benefits, and benefits in kind
Special conditions of the contract
Signature of the parties
Employers can hire temporary workers using a temporary employment agency. The contract for the provision of a temporary worker between the temporary employment agency and the user company must be in writing, under penalty of a fine. A temporary employment contract is concluded in writing between the temporary employment agency and the worker placed at the user's disposal. The temporary employment agency is considered the employer.
Employers may hire temporary employees only for a short period of time. The contract must be made in writing and include the social security contributions, employer obligations, employee obligations, and conditions of work. Even in the case of contracting temporary employees through a third party, employers must respect this requirement. The terms of the contract may not be prejudiced against the worker.
The Labor Code of Burundi provides that a probation/trial period may not exceed the time required to evaluate the employee, given a profession’s technology and practice. A probation period cannot exceed 12 months for employees in occupations of higher responsibility (directors, officers, managers, etc) and 6 months for occupations of lower responsibility. The total term of a probationary period for fixed-term contracts may not exceed 1/3rd of the duration of the employment contract.
The regular working hours are 8 hours a day and 45 hours a week. Daily working hours in the civil service are from 7:00 AM to 3:00 PM (paid and unpaid work). The Labor Code provides for a weekly rest of at least 24 consecutive hours.
In cases of emergency or extraordinary circumstances, the employer has the right to extend the working time. However, this extension cannot be more than 30 days per year. The working day can only be extended by 2 hours each day. The maximum hours can be 11 hours per day.
In Burundi, labor law provides 20 days paid annual leave (one and two-thirds of a day for every month of service) after completion of 12 months of continuous service. The duration of annual leave is determined either by collective agreement or by the concerned Ministry after consulting the National Labor Council. Length of annual leave increases by at least one paid day for every additional four years of service.
The amount of benefits during annual leave is equal to the daily wage of the employee. The annual leave may be split. However, its minimum duration in a term cannot be shorter than 6 continuous weekdays between 2 weekly rest days. Annual leave can be accumulated for 2 years.
In Burundi, employees are entitled to leave for accidents or illness, either as paid leave or legal suspension. If the contract is not suspended, the employer may grant up to 15 days of paid leave per year, per contractual terms. If the employee suspends the contract, they may be entitled to social security sickness benefits, including housing, medical care, and a daily allowance for up to 3 months. Compensation for sick leave is equal to at least 66.7% of the daily wage the employee received before getting sick.
The employment contract remains suspended and may not be terminated during sick leave, except in case of gross misconduct or force majeure.
Female employees are entitled to a maternity leave of 12 weeks with full pay, including 6 weeks of prenatal leave. Maternity leave may be extended up to 14 weeks, at least 6 of which must be taken after birth.
Employers must pay pregnant employees 50% of their wages as allowances during maternity leave and all the benefits in kind they received earlier. The Social Security Institute covers the remaining 50% of the wages.
An employee cannot be dismissed during the period of her maternity leave.
In Burundi, employees are entitled to 4 fully paid paternity leave days upon the birth of their child.
The minimum notice period for termination of an employment contract by an employer is:
1 month if the employee has seniority (work experience with the firm) of less than 3 years
45 days if the employee has a seniority of 3 to 5 years
2 months if the employee has a seniority of 5 to 10 years
3 months if the employee has seniority of more than 10 years
If an employee initiates the termination of the employment contract, the period of notice is half of the above notice requirements.
The notice period can be waived and substituted by compensation. During a trial period, either party may terminate the employment contract at any time and without notice during the first month of probation. The required notice during the trial period is three days after a worker has completed one month of probation.
Severance benefit is not payable to a worker employed on daily wages or in the case of dismissal for gross negligence or dismissed during probation.
For individual and collective dismissals, the rate of severance pay is as follows:
1/2 the average monthly salary for workers with seniority of less than 3 years
1 average monthly salary for workers with seniority of 3-5 years
2 average monthly salaries for workers with seniority of 5-10 years
3 average monthly salaries for workers with seniority of more than 10 years
