Job Protection
No Harmful Work
There is a provision in the Labour Code that pregnant and breastfeeding women cannot be employed in dangerous or unhealthy work that can be harmful to their lives or to those of their babies. A woman worker, however, must present a medical certificate from a recognised medical doctor supporting her transfer from dangerous or unhealthy to safe work.
In the case of imminent health risks to the health of a pregnant or nursing woman, the following measures are taken: removing what can cause such risks and facilitating the exercise of her work.
Generally, an employee can refuse to work in a dangerous workplace if they perceive that such place is dangerous for work or will adversely affect their health. Employers are prohibited from taking disciplinary action (suspension of contract or imposing of other sanctions) against a worker who refuses to work on safety concerns.
Source: §63 of the Law regulating Labour in Rwanda, 2018 (No. 66/2018); §3 & 7 of the Ministerial Order Nº 02/MIFOTRA/23 of 01/08/2023 on Occupational Safety, Employees’ and Employers’ Organizations, Child Development, Employment of a Foreigner, the Child, and Circumstantial Leave
Protection from Dismissals
A woman worker cannot be dismissed during the period of her maternity leave and she must resume work on her same post upon return. Her contract is suspended during maternity leave. As per the 2023 reform, employers are prohibited from terminating the employment contract of a worker during her pregnancy.
A termination notice cannot be given to an employee who has given birth and is on maternity leave.
Source: §24bis & 61 of the Law regulating Labour in Rwanda, 2018 (No. 66/2018)
Right to Return to Same Position
There is a provision in the law which gives a female worker the right to return to same position after availing her maternity leave. A woman worker resumes her work after availing maternity leave or is given another post with the same position and salary as she used to have prior to her maternity leaves.
Source: §61 of the Law regulating Labour in Rwanda, 2018 (No. 66/2018)
