Employer in Burundi

The rules apply to private, mixed, and public employers and to individual and collective employment relationships. They also cover apprentices and interns with contracts, as well as domestic and informal-sector workers where special laws apply. Family businesses in agriculture, livestock, trade, and industry are generally not subject to all general employer rules; occupational safety and the prohibitions on child labour and dangerous work during pregnancy remain unaffected. No additional regional deviation was identified for Burundi. Before opening a company or establishment, the employer must submit a declaration to the IGTSS. A closure or relocation must be reported at least 15 days in advance. Anyone who hires a Burundian or foreign worker, or terminates that worker’s employment, must report this to the OBEM and the IGTSS within no more than 25 days. Reports may be submitted in printed or electronic form. Exceptions apply, among other cases, to force majeure, urgent rescue work, a family business without employees, and termination before the eighth day. In addition, the employer submits an annual workforce declaration to the OBEM by 31 January at the latest. Direct hiring is free of charge. The OBEM’s public employment service can arrange placements free of charge; an authorised private employment agency may also be used. Foreign and East African Community (EAC) workers need a work permit or special authorisation before starting work. Employing someone without the required authorisation is unlawful. A levy is payable for the authorisation, but its amount is not stated in the available information. With a temporary-work agency, the agency remains the legal employer; it needs, among other things, a commercial-register entry, a tax identification number, social-security registration, and a ministerial licence. An open-ended employment contract (CDI) is the normal form of contract. A fixed-term contract (CDD) is permitted only for legally authorised temporary or non-permanent situations. A new company, establishment, or product may use a CDD for no more than one year; after that, the employment relationship becomes a CDI. The contract is concluded in writing in two signed copies, and the employer must use a language the employee understands. Before work begins, the employer discloses the essential conditions, provides work and tools, pays regularly, grants statutory or contractually based leave, issues a work certificate at the end, and provides required documents, vacancies, counselling, and training. The employer must treat employees equally and must not discriminate against them because of race, skin colour, language, religion, sex, political opinion, trade-union activity, ethnic or social origin, disability, HIV, or illness. Moral and sexual harassment are prohibited. Employers and employees must implement measures to prevent harassment. Employment below the age of 16 is generally prohibited; light and health-safe work and vocational training from the age of 15 remain permitted. An apprenticeship may begin at the age of 14 under conditions set by the authorities. Persons under 18 may not perform dangerous work or the worst forms of child labour. An employer needs authorisation from the authorities to train an apprentice. The assessment takes into account equipment, technology, working and safety conditions, personal reliability, and training quality. Companies finance vocational and apprenticeship training in accordance with the applicable rules. The employer informs the employee representatives or employees about the annual training plan. Establishments with an average of at least 15 permanent employees need workplace rules. They are made available in Kirundi and, where necessary, in additional official languages. They regulate, among other matters, technical organisation, discipline, prevention of harassment, hygiene, health and safety, occupational classification, and payment of wages. The draft is discussed with the works council (conseil d’entreprise), the trade-union delegates (délégués syndicaux), or the employees directly. After the consultation, there is a 15-day period for feedback; after publication, the rules enter into force after 15 days. A temporary change to working hours must generally be announced at least two days in advance. Establishments with an average of at least five employees must keep a general employment register and separate registers for temporary work, day labour, seasonal work, fixed-term contracts, apprentices and interns, wage payments, and inspections. The entries must remain up to date. The inspection register is endorsed by the inspector and kept for five years after the last entry. Several establishments located within 15 kilometres of one another may be counted together for the threshold. The employer also reports workforce numbers, workforce movements, and training data annually. Wages may not fall below the applicable statutory minimum wage. Monthly wages are paid no later than eight days after the end of the month unless another arrangement applies. The employer grants statutory or situation-dependent leave and provides accommodation or other benefits where a rule requires this. The employer must register with social security, register employees, and collect and remit contributions. At the INSS, the employer contribution for civil old-age insurance is 6 percent and the employee contribution is 4 percent; the contribution base is capped at 450000 FBu per month. For occupational accidents and diseases, the employer pays an additional 3 percent, with a contribution base of no more than 80000 FBu per employee and month. The quarterly named declaration using Model VI (Modèle VI) and the payment are due within 15 days after the end of the quarter, that is, by 15 April, 15 July, 15 October, or 15 January. A late declaration or payment incurs a surcharge of 1.5 percent per month or part of a month begun; contribution rates may be changed by law or by the INSS. The employer is responsible for all work-related aspects of health and safety. The employer organises an occupational-health service or joins one, assesses hazards, eliminates risks as far as possible at their source, introduces a prevention policy, and involves and trains employees. Collective protection takes priority over personal protective equipment. The employer provides required protective clothing and equipment free of charge and monitors its proper use. The employer records occupational accidents and diseases immediately and reports them to the INSS and the IGTSS. Accident files and forms are kept for at least ten years. Employees may withdraw from an immediately serious danger. In high-risk industries, public works, construction, mining, and quarries, an occupational safety committee is mandatory from 40 employees. In commercial and administrative establishments, the threshold is 80 employees. At a construction site involving several companies and lasting at least six months, an inter-company committee is established. After receiving the opinions of the INSS and a doctor, the IGTSS may also require a committee below these thresholds. Otherwise, the works council assumes these tasks. The committee has three representatives for 40 to 80 employees and six representatives for more than 80 employees, serves a two-year term, and meets every two months; meeting time is paid. The IGTSS monitors labour, safety, and social-security rules and advises employers and employees. Inspectors may enter without prior notice, examine documents, and question people. If there is a serious health risk, they may stop work immediately. The employer must respond to summonses; obstructing an inspection is punishable. The inspection register remains at the workplace, and the inspector must keep the source of a complaint confidential. Employers and employees may freely organise professionally and form trade unions while complying with the statutory formalities. Representatives of the works council are elected every two years by secret ballot; employees need more than one year of service to stand. Trade-union delegates are appointed by the union or its section, and their number is determined by the collective agreement. The employer receives representatives at least once a month, generally grants up to eight paid hours per month for their mandate, and, where possible, provides a separate office when there are more than 100 employees. At the request of the majority, employees also receive a paid one-hour meeting per quarter. Dismissal or a measure having the effect of dismissal against a representative, candidate, or substitute representative requires prior authorisation from the IGTSS. Mandatory conciliation takes place first; the decision should be issued within no more than ten working days and may be challenged before the labour court (tribunal du travail). Dismissal without authorisation is invalid and results in payment of the wages owed. The employer may impose an immediate precautionary suspension only for particularly serious misconduct and under strict conditions; the application for authorisation must be submitted within ten working days. In an individual dispute, the parties may attempt a voluntary settlement through the IGTSS. The procedure interrupts the limitation period. The inspector hears both sides and records either a settlement or the failure of conciliation. The IGTSS may require, among other things, restoration of violated rights, payment of outstanding wages, leave, dismissal compensation, or a work certificate. The procedure should last no more than two months; after that, the labour court may be seized. In a collective dispute, the employer immediately informs the IGTSS with a precise description. After the complaint is submitted, a direct negotiation meeting must take place within no more than 72 hours. If negotiations fail, mediation or conciliation follows. A conciliation recommendation may be rejected within 15 days; the deadline for doing so is eight days. If the dispute remains unresolved, arbitration follows. A strike or lockout is permitted only after the prescribed procedure and with six working days’ prior notice. During the procedure, no one may be disadvantaged because of participation. In the event of technical unemployment, the employer first informs the employee representatives. If there is no provision in a collective agreement or workplace rules, the employer informs the IGTSS in advance. Including any extension, the measure may last no more than six months. Economically motivated unemployment to avoid dismissals may last no more than three months within twelve months. The employer informs the representatives in writing; they respond within eight days, and the IGTSS is involved. In the affected areas, the employer may not hire new workers or order overtime. Social-security unemployment benefits and contractual accommodation benefits continue. In an economically motivated workforce reduction, the employer consults the representatives in writing and discloses the reasons, the number and categories of affected employees, selection criteria, timetable, and measures to avoid the reduction or support reintegration. A copy goes to the IGTSS, and the meeting is recorded in minutes. Agreed terminations do not release the employer from these duties. Suitable former employees have priority for one year when new employees are hired. Employees with disabilities are dismissed last. The statutory retirement age is 60; the employer informs the affected person one year in advance.