Hire compliantly inBurundi Talk to an Expert

Written Agreements

All employment contracts must be concluded in writing. An employment contract may be of definite or indefinite duration.

Oral Agreements

The Labor Code of Burundi specifies that all employment contracts must be in writing. Nevertheless, an employee can prove an employment relationship without a written contract.

Implied Agreements

The Labor Code of Burundi specifies that all employment contracts must be in writing. Nevertheless, an employee can prove an employment relationship without a written 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 a.m. to 3 p.m. (paid and unpaid work). The Labor Code provides for weekly rest of at least 24 consecutive hours.

New Year’s Day (January 1), Reconciliation Day (February 5), Commemoration of the Assassination of President Ntaryamira (April 6), Labour Day (May 1), Ascension Day (May 25), Independence Day (July 1), Assumption Day (August 15), Commemoration of the Assassination of Prince Louis Rwagasore (October 13), Commemoration of the Assassination of President Ndadaye (October 21), All Saints’ Day (November 1), Christmas Day (December 25), Eid-el-Fitr and Eid-el-Hajj (Muslim religious holidays dates depend on the sighting of the moon).

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 1/3 of the duration of the employment contract.

Notice Period

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 Benefits

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

Minimum Wage

In Burundi, for workers in the urban areas of Gitega and Bujumbura, the minimum wage is BIF 160 (Burundian francs) per day. For workers in rural areas, the daily minimum wage is BIF 105. Employees' salaries cannot be below the set minimum wage.

The minimum wage is reduced in the following proportions for young workers:

• 10% reduction for workers aged 15-17 years
• 30% reduction for workers below the age of 15 years

The frequency of payment is determined by the employment contract. In the absence of an agreement, payment must be made daily for those hired by the hour or day, fortnightly for those hired by the week, and monthly for those hired by the month.

Overtime, Holiday & Vacation Pay

Under the Burundi Labor Code, the regular hours of work are 8 hours a day and 45 hours a week. In cases of emergency or extraordinary circumstances, the employer has the right to extend working time to a limit of 10 hours per week and 30 days per year. If employees work beyond the regular working hours, they are entitled to overtime pay according to the following schedule:

• 135% of the regular hourly rate for the first 2 overtime hours (i.e., 46th and 47th hour)
• 160% of the regular hourly rate beyond the 48th hour

Overtime work performed at night is paid at the above-mentioned premium rates over the night work rates (135% of the regular hourly salary paid during the weekday).

When employees work during the day on public holidays or Sundays, they are entitled to receive wages at a premium rate of 200% of the normal hourly wage rate.

Employees are entitled to 100% of their wages during annual leave.

Visas

Foreign citizens require a visa to enter Burundi. The following common visa categories are available:

• Transit Visa - issued to persons who are traveling to another country through Burundi while remaining in the airport area. They must have a valid passport and ticket for an onward journey.
• Entry Visa - issued to foreign citizens for a short-term stay of 1 to 6 months; can be for single or multiple entries.
• Residence Visa/Permanent Resident Visa - a renewable visa issued to foreign citizens. A Residence visa is valid between 5 days to 3 months. A Permanent Resident visa is valid for up to 99 years.

Work Permits

Foreign nationals who wish to work regularly in Burundi must obtain a work permit. Work permits are issued by the Director of Labor Inspection for up to 2 years and must be renewed 1 month prior to their expiry.