Employ Candidates Compliantly in Burundi

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  1. Overview: Burundi
  2. Global HR Compliance
  3. Global PEO and payroll
  4. Expand without a company set up
  5. Contractor vs. employee: which is better?
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Global HR Compliance in Burundi

If you hire an international workforce, or plan to hire, then Hiring and Firing Workforce in Burundi Guide below will help you understand the nuances of labor legislation in the country.

When the company is planning to enter a new foreign market of Burundi and has a need to employ a local national there, the first question to answer is how it is going to make local hires.

We have designed a Global Employer of Record service to help you outsource global employment of your foreign workforce to companies like ours.

This solution helps you employ your global sales force in Burundi as well as in other 180+ countries of the world, and provide pay and benefits to your employees, as well as administer any business expenses with our help.

Our solution is different from other hiring modes in that it helps you engage your foreign workforce in full compliance with the local labor legislation. This means you are protected from any non-compliance and employee misclassification risks while we bear all employment risks, not you.

So, it looks very much like hiring your in-house sales force in your home country. However, you focus on only on your global business development while we admin your global HR. In addition, you don’t need to open your own entities in the foreign countries and can leverage our infrastructure in Burundi instead. With our service, you can become a global company with reduced costs and minimized time and effort on your end.

Your employed foreign sales force will devote 100% of their time to your company product and may stay with you longer than foreign independent sales reps.

Global Employer of Record solution is 100% compliant solution that guarantees you and your employees fully compliance with local legislation in Burundi .

We are experts in global workforce employment in Burundi, and our goal is to become your single provider. Instead of working with numerous local staffing agencies and legal advisors, Acumen International can solve your global business challenges and save you time, costs, and resources.

Our team of English-speaking professionals frees you from working through language nuances. Acumen International works 24/7 and can assist you whenever you need, regardless of time zones. Our goal is to create tailored labor solutions for you that are managed legally and in full compliance with the local employment laws.

With our knowledge and deep understanding of local nuances, you easily satisfy your need for skilled professionals in your global industry. With our qualified local partners, you can trust that your global workforce satisfies all local tax, social security, and immigration requirements in Burundi.

Hiring and Firing Workforce in Burundi Guide

# Employment contracts

The employment contract is any agreement, written or verbal, by which a person, the worker, undertakes to provide another person, the employer, a manual job or intellectual, under the direction and direct authority or indirectly from it and for a salary or any other remuneration.

All employment contracts are drawn up in writing by the employer when hiring and signed parties except with regard to workers’ contracts daily. In the absence of writing, the content of a contract may be established by any means. The writing is exempt from any stamp duty and recording.

Fixed term contract are considered contracts of duration determined:

  • contracts whose duration or maturity are precisely agreed;
  • contracts concluded for the performance of a determined work;
  • contracts concluded for the replacement of an absent worker or on the occasion of a exceptional or unusual workload;
  • contracts the term of which is subject to a future and certain event that does not depend not exclusively the will of the parties, but which is indicated precisely.

Continuation of services beyond the deadline agreement shall automatically constitute the execution of a permanent contract.
The fixed-term employment contract can’t be renewed more than twice except for temporary workers.
For temporary workers, the employer establishes a long-term employment contract determined.

If an employment contract of indefinite duration substitutes for a fixed-term contract when it expires, the seniority of the worker includes previous contracts. Contract of indefinite duration is any employment contract that does not respond to the definitions of the fixed-term contract should be considered as a permanent contract.

# Minimum (Statutory) Employment Rules and Regulations in Burundi

# Hours of work:
The duration of work is normally eight hours a day and forty hours a week.
Working hours are the hours during which the worker is at the disposal of his employer.

In the absence of a collective agreement applicable to the company, the weekly schedule is set after consultation of staff representatives; he is posted at workplaces.
This schedule may vary from one period to another (modulated time) provided that the annual duration normal work weeks worked in year.

# Probation period:
The duration of the probation period could not be longer the time needed to test the staff engaged in view of the technique and uses of the profession. It could not exceed 12 months for higher categories; 5 and 6 months for lower categories.

In any case, the commitment to the test could not carry renewal included, only over a period maximum of 12 months.

# Annual leave:
Labour Law provides 20 days paid annual leave (one and two-thirds of a day for every month of service), after completion of 12 months of continuous service. Duration of annual leave is determined either by collective agreement or by the concerned Ministry after consulting the National Labour Council. Length of annul leave does not increase with the length of service.

# Parental leave:
Any pregnant woman whose state of health has been found by a doctor may suspend the work without notice.
On the occasion of her delivery, and without this interruption of service can be considered as a cause of breach of contract, any woman is entitled, on production of a medical certificate attesting the presumed date of delivery, to maternity leave.
The duration of this leave is twelve weeks, be extended to 14 weeks, six of which must be taken after childbirth.
When the delivery takes place after the presumed date, prenatal leave is extended until the date childbirth without the duration of the leave to take obligatorily after the diapers may be reduced.

During the period during which the woman is entitled maternity leave, the employer can’t terminate his employment contract. He can’t terminate the employment contract before or after the period of suspension under the pretext of pregnancy or childbirth.

# Sick leave:
No data.

# Overtime:
In cases of emergency or extraordinary circumstances, employer has the right to extend working time to a limit of 15 hours per week, and 150 hours per year. If a worker works beyond the stipulated working hours, i.e., 8 hours a day and 45 hours a week, he/she is entitled to an overtime pay according to the following schedule:

  • 135% of normal hourly rate for the first two overtime hours, i.e., 46th and 47th hour;
  • 160% of normal hourly rate beyond the 48th hour.

# State minimum salary:
The legal minimum wage for unskilled workers in Burundi is just 160 Burundian francs (about 13 cents) per day. Most employers pay their unskilled workers around 1,500 Burundian francs ($1.21) per day, which is not enough to maintain a decent standard of living.

# Employee dismissal:
Either party can terminate a contract of indefinite duration by serving a notice or paying in lieu thereof. A fixed term contract terminates at the end of its term or by cancellation by either of the parties or in the case of gross misconduct. Otherwise, termination by one party entitles the other party to damages.

Either party can terminate an indefinite term employment contract by serving a notice or paying in lieu thereof. In the case of gross negligence, notice may not be required.

Generally, notice period is fixed by collective agreement. According to the Labour Code, Minimum length of notice period for termination of employment contract by an employer is:

  • One month if the employee has the seniority (work experience with the firm) of less than 3 years;
  • One month and a half (45 days) if the employee has the seniority of 3 to 5 years;
  • Two months if the employee has the seniority of 5 to 10 years; and
  • 3 months if the employee has the seniority of more than 10 years.
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