Labor law in Burundi

The Labour Code regulates relationships between travailleurs and employeurs, including apprentices and interns. It requires free choice of work, prohibits forced labor and protects equal treatment without discrimination based on characteristics such as race, language, religion, sex, trade-union activity, ethnic or social origin, disability or HIV status. Moral and sexual harassment are prohibited, and a worker should not face a sanction or dismissal for making a complaint, giving evidence or reporting harassment. An employment contract normally has an indefinite duration. A fixed-term contract is reserved for a precise and non-permanent task, replacement work, seasonal work or certain start-up situations; a fixed-term contract for a new enterprise, establishment or product may last up to one year, after which it becomes indefinite. Continuing to work after the fixed term also converts the relationship into an indefinite contract. The contract should be written in an understandable official language, prepared in two copies and state the parties’ identities, birth details, nationality, family situation, occupation, workplace, start date, duration, duties, hierarchy and salary. A written contract is not automatically held against the worker when the employer cannot prove it and other evidence indicates employment. A probation period must be agreed in writing. It may last up to 12 months for cadres and agents de maîtrise, six months for other indefinite contracts and one third of the contract duration for fixed-term contracts. During probation, either side may end the relationship with one month’s notice, and after probation at least three days’ notice applies. Workers perform their duties personally, follow lawful instructions and safety rules, protect confidential information and avoid competition. Employers provide the agreed work and pay, observe leave rules, maintain occupational safety and health, provide required documents and arrange social-security affiliation and registration of workers. Normal working time is eight hours per day and 45 hours per week. Annual limits on rest and extensions, daily limits, breaks, daily rest and weekly rest depend on the statutory rules: a day normally cannot exceed 10 hours, a break of at least 20 minutes follows six hours of work, daily rest is at least 10 hours within 24 hours and weekly rest is at least 24 hours in seven days, normally on Sunday. Overtime generally requires a premium or compensatory rest, while the applicable rate and permitted amount are set by ministerial regulation. Night work runs from 22:00 to 05:00 and carries a premium set by ministerial regulation; workers under 18 are generally barred from night work. Remuneration includes basic pay and related benefits. Equal work or work of equal value requires equal pay. The parties may agree on pay, but the salary cannot fall below the statutory SMIG or applicable collective minimums. The current SMIG amount was not reliably confirmed in the available official research; Burundian authorities reported in 2024 and 2025 that its revision or updating was under consideration. Monthly wages must generally be paid no later than eight days after the end of the month. Employers should provide payslip evidence, and payment in kind is generally prohibited except as an additional benefit. Housing allowances may follow a collective agreement or ministerial regulation, and piece-rate pay must reach at least the comparable time-based wage. Pregnancy and childbirth receive special protection. Maternity leave lasts 12 weeks and may extend to 14 weeks, with at least six weeks after childbirth, subject to the required medical certificate. Dismissal because of pregnancy or childbirth is prohibited except for serious misconduct unrelated to that status or where continuation of the contract is impossible. A dismissal made without the employer knowing about the pregnancy may be challenged within 15 days after proof is provided. Dangerous work during pregnancy can require reassignment or, with inspector authorization, suspension, and protection can continue for up to six months after return. Employment of children under 16 is prohibited except for healthy light work or apprenticeship from at least age 15; workers under 18 may not perform dangerous work or the worst forms of child labor. Workers have trade-union and association freedoms. A conseil d’entreprise is required in establishments with at least 20 permanent workers, while smaller establishments may create one. Representation can also involve délégués syndicaux and other elected representatives. Dismissing a staff representative or substitute requires authorization from the labor inspectorate after mandatory conciliation. Collective bargaining can take place at enterprise, sector and national levels, and a deposited collective agreement becomes binding while more favorable individual terms remain protected. A strike is generally lawful after a simple majority of the affected workforce approves it and six working days’ notice states the reasons and demands; essential services require a minimum service, and an unlawful strike may constitute serious misconduct. An indefinite contract may end through resignation, dismissal or a written mutual termination free from error, fraud or coercion. A resignation must be expressly written, while a dismissal requires a precise, accurate, objective and verifiable reason and normally a notice period or payment in lieu. The employer’s minimum notice is one month for less than three years of service, one and a half months for three to five years, two months for five to ten years and three months after more than ten years. A worker dismissed without serious misconduct may receive a dismissal indemnity based on average monthly pay and length of service; the statutory scale ranges from half a month for less than three years to six months after more than ten years. An abusive dismissal may lead to reinstatement only by agreement or to damages calculated at one third of the worker’s age plus seniority, multiplied by the last monthly wage, subject to a maximum of 36 months. Dismissal is not permitted during ordinary or special leave or illness under the stated statutory protections. Retirement is generally mandatory at age 60, with employer notice one year beforehand. The inspection générale du travail et de la sécurité sociale provides labor-law control, advice, warnings and immediate occupational-safety measures. Individual conciliation before the inspectorate is optional and interrupts limitation periods; contractual claims generally prescribe after two years. The inspectorate should close a case within two months and may directly order payment or restoration for wage, dismissal, leave or service-certificate claims. A worker may also apply directly to the tribunal du travail; proceedings begin with a written filing at the registry, and the court normally issues notice within 10 working days and schedules appearance within no more than 20 days. At the end of employment, the employer reports the termination to the inspectorate where required and provides an attestation des services rendus stating the employment dates, work, social-security number and no negative remarks, normally within 15 days of a written request. Foreign workers generally need a work permit; a tourist visa normally does not create work authorization.