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Probation & Termination

Essential rules for compliant employment transitions in Rwanda

Compliance Warning

Improper termination can result in court-ordered damages, reinstatement, back pay, and legal costs. Always follow Rwanda Labour Law procedures and document each step of the process.

Quick Reference

3–6 mo

Probation Period

Max 3 months, extendable once

15 days

Notice — Under 1 Year

Service under 12 months

30 days

Notice — Over 1 Year

Service over 12 months

12 mo

Severance Threshold

Minimum service for eligibility

Probation Periods

Aspect	Requirement
Standard Duration	Maximum 3 months
Extension Allowed	Yes, up to additional 3 months
Maximum Total	6 months
Written Agreement	Must be in employment contract
Successful Completion	Immediate written offer required
Unsuccessful Termination	No notice or severance required

Probation Details

During Probation

Employee Rights:

Full salary and benefits
All statutory rights (RSSB, PAYE, insurance)
Working hour protections

Employer Rights:

Assess performance and fit
Terminate without notice if unsuccessful
Extend once (with employee agreement)

Successful Completion

Employer must provide immediate written confirmation of permanent employment stating:

Confirmation of permanent status
Date probation ended
Continuation or changes to terms

Unsuccessful Probation

Immediate termination allowed
No notice period required
No terminal benefits required
Written termination letter needed
Final payment within 7 days

Notice Periods for Termination

Length of Service	Notice Period
Less than 1 year	15 days
More than 1 year	1 month (30 days)
During probation	None
Gross misconduct	48 hours (notification)
Mutual agreement	As agreed

Notice Cannot Be Issued During:

Employee suspension periods
Any leave periods (annual, sick, maternity, etc.)

Terminal Benefits (Severance Pay)

Eligibility: Minimum 12 months continuous service

Years of Service	Terminal Benefit
Under 5 years	1 month's salary
5-10 years	2 times average salary
10-15 years	3 times average salary
15-20 years	4 times average salary
20-25 years	5 times average salary
Over 25 years	6 times average salary

Payment Deadline: Must be paid within 7 working days of termination. Late payment may result in penalties.

When Severance is NOT Required

Termination during probation
Termination for gross misconduct
Employee resignation (voluntary)
Less than 12 months service
Mutual termination (unless agreed)

Unlawful Termination Damages

If termination is found unlawful:

Experience	Minimum	Maximum
Less than 10 years	3 months' salary	6 months' salary
10+ years	3 months' salary	9 months' salary

Plus: Possible reinstatement, back wages, legal costs

Grounds for Gross Misconduct (Immediate Termination)

Allow immediate termination with 48 hours notification when:

Theft of company property
Fraud or falsification of records
Violence or threats
Serious safety violations
Being under influence at work
Serious insubordination
Disclosure of confidential information
Sexual harassment or discrimination

Still Required:

48 hours notice (notification)
Proper investigation
Written documentation
Employee right to be heard

Compliant Termination Process

Document Issues

Warnings

Investigation

Decision

Notice

Final Payment

Deregistration

Document Issues - Record performance problems or misconduct
Provide Warnings - Issue verbal and written warnings
Investigation - Investigate thoroughly, give employee right to respond
Decision - Review facts, ensure lawful grounds
Notice - Issue written termination with proper notice period
Final Payment - Calculate salary, leave, and severance
Deregistration - Notify RSSB and RRA, process within 7 days

Common Termination Mistakes

Mistake 1: No Documentation

Problem: Terminating without documented warnings or evidence

Consequence: Unlawful termination claim, up to 9 months' salary damages

Solution: Maintain comprehensive documentation of all issues

Mistake 2: No Due Process

Problem: Terminating without investigation or employee hearing

Consequence: Unfair dismissal and potential reinstatement

Solution: Always investigate and allow employee to respond

Mistake 3: Not Paying Severance

Problem: Failing to calculate or pay terminal benefits

Consequence: Legal action, penalties, reputational damage

Solution: Calculate accurately and pay within 7 days

Mistake 4: Notice During Leave

Problem: Issuing termination while employee on leave or suspension

Consequence: Notice invalid, must be reissued

Solution: Wait until employee returns

How Umurimo Global Helps

Probation Management:

Compliant probation clauses in contracts
Performance evaluation guidance
Proper documentation throughout
Timely confirmation letters

Termination Management:

Legal review of termination grounds
Proper notice period calculation
Accurate severance computation
Compliant documentation
Final payroll within 7 days
RSSB/RRA deregistration
Protection from unlawful termination claims