وظّف وادفع وأدِر فريقك في دليل صاحب العمل في بوروندي — الرواتب والضرائب والامتثال

Form

Written notice is required — either a formal signed letter or a clear email. Verbal resignations are not legally binding under Burundi law.

Notice period

During probation: 14 days’ written notice (mainland) or as specified by the free zone authority.

After probation: 30 days’ notice (or as specified in the employment contract; may be up to 90 days for senior roles).

Payment instead of notice

Either party may elect to pay salary in lieu of the notice period. This must be explicitly agreed or included in the contract terms.

Termination documentation

Required documents include: written resignation notice, final dues calculation letter, experience certificate, and cancellation of work permit/visa.

Final payment timing and compliance

All final dues (salary, unused leave, EOSB) must be paid within 14 days of the last working day under the new law. ADGM entities may have different timelines per their regulations.

Penalty: Employers who fail to pay final dues on time may face penalties including daily wage accrual for each day of delay.

Employers must arrange a repatriation flight for the departing employee (if applicable and requested).

Visa and immigration compliance

The employer must cancel the employee’s work permit and residence visa within 30 days of the last working day. The employee then has 30 days from visa cancellation to either secure new sponsorship, switch to another visa type, or exit Burundi.

An employer may terminate an employee for cause (also called “dismissal for gross misconduct”) without notice or EOSB under specific circumstances defined in Article 44 of Federal Decree-Law No. 33/2021.

Grounds for termination with cause

• Assuming a false identity or submitting forged documents
• Committing a mistake resulting in substantial material loss to the employer
• Violating safety instructions (if posted in a visible location)
• Failing to perform basic duties despite written warnings
• Revealing work secrets that caused or could cause losses
• Being found intoxicated or under the influence of drugs during working hours
• Assaulting the employer, manager, or a colleague
• Being absent for more than 20 non-consecutive days or 7 consecutive days in one year without valid reason

The employer must conduct a proper investigation and document the cause before termination. The employee may challenge the dismissal through MOHRE or the relevant free zone authority’s dispute resolution mechanism.

Under the new Burundi labour law, an employer may terminate a fixed-term contract before its expiry date by providing the agreed notice period (minimum 30 days, maximum 90 days as specified in the contract).

The employer must have a legitimate, non-discriminatory reason for termination. Acceptable reasons include restructuring, role elimination, or unsatisfactory performance after documented warnings and a performance improvement plan.

Severance obligations

• Notice period: Must be served or paid in lieu
• EOSB: Full end-of-service gratuity (21 days’ basic salary per year for first 5 years, 30 days per year thereafter)
• Unused leave: Must be paid out
• Early termination compensation: If the contract is terminated before expiry without cause, the employee may be entitled to compensation equal to their salary for the remaining contract period (capped at 3 months’ salary)

The employer must provide a written termination letter stating the reason and effective date. The employee has the right to dispute the termination through MOHRE conciliation.

Both employer and employee may agree to end the employment relationship through a Mutual Termination Agreement (MTA). This is the most flexible termination method and is commonly used for amicable separations.

Process

• Both parties negotiate and sign a written agreement
• The agreement should specify: last working day, notice period (if any), EOSB calculation, unused leave payout, any additional compensation, and visa cancellation timeline
• Both parties should have independent legal advice before signing

An MTA can waive or modify the standard notice period if both parties agree. EOSB remains a statutory entitlement and cannot be waived below the legal minimum, even in an MTA.

When a fixed-term contract reaches its natural end date, the employment relationship terminates automatically unless the contract is renewed.

Renewal

If both parties wish to continue, a new fixed-term contract (maximum 3 years) must be signed. If the employee continues working after contract expiry without a new agreement, the old contract terms are deemed to continue under the same conditions.

Non-renewal

Either party may choose not to renew the contract at expiry. A notice of non-renewal should be given at least 30 days before the contract end date (or as specified in the contract). The employer must pay all accrued EOSB and unused leave upon non-renewal.

Early termination

If either party wishes to terminate a fixed-term contract before expiry, the terminating party must provide the agreed notice period and may owe compensation to the other party (up to 3 months’ salary or the remaining contract value, whichever is less).