How do you end employment in Burundi?

Half a month counts as 15 calendar days. Notice starts the day after it is given. During employer notice, the worker can be absent to look for work, up to one day a week or four working days a month, on full pay. A worker who finds a new job can leave early with two days' warning.

If notice is not served in full, the party at fault owes an indemnity equal to the pay and benefits for the unserved notice. Notice cannot run while the worker is on ordinary, family-event or sick leave. If it is given then, the indemnity doubles.

The reason can be personal, such as permanent invalidity, inability to do the job, poor performance or misconduct, or it can be economic. Gross misconduct includes acts of dishonesty, violence, serious insults, intentional damage, careless endangering of safety, and moral or sexual harassment.

The Code lists dismissals that are usually unfair, including those for union activity, a complaint against the employer, race, sex, religion, disability, HIV status, absence on maternity leave, and a temporary illness or accident within the first six months.

The dismissal takes effect the day after notification. The employer must also declare the end of the contract to the labour and social-security inspectorate, except for day workers.

If the reason is legitimate but the written notification or the chance to reply was skipped, the dismissal is not unfair on that ground alone. A judge can still award an indemnity of up to two months of pay for the missed steps. At the end of the contract, the employer gives a certificate of services with the final account, and delay of more than 15 days after a written request can lead to damages.

The base amount is half the average monthly cash pay, plus the legal value of benefits in kind such as housing. The month figures are our arithmetic from the Code's multiples. A contract or collective agreement can set more but not less. The indemnity is separate from notice pay and from damages for an unfair dismissal.

A payment on the worker's death is at least 3 months of pay to the heirs. The contract ends by law at the mandatory retirement age of 60, and an indemnity for leaving or retiring does not stack with a dismissal indemnity.

The employer then holds a meeting with the representatives and records it in minutes, and sends the labour inspector the final plan with names, dates and redeployment steps. Selection criteria include skills, seniority, age and family responsibilities.

Within six months of an economic dismissal, an employer cannot hire a fixed-term worker for a temporary rise in activity on the same posts. A worker living with a disability is dismissed last. A technical or economic lay-off can run for at most six months before the dismissal procedure applies.

The damages are separate from the notice pay and the dismissal indemnity. Claims under an employment contract lapse after two years from the act that caused the dispute. A mutual termination agreement must be in writing, and its payment cannot be lower than the legal notice and dismissal indemnity where the employer took the initiative.

Plan the process, the reasons and the record before you end a contract.

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