General
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UNIT 9: RIGHTS AND RESPONSIBILITIES OF WORKERS AND EMPLOYERS
Key unit competence: To be able to demonstrate rights and responsibilities of
employees at workplace.
Introductory activity
OPTIMISMUS Ltd is a company based in KAJEVUBA village. When AKALIZA,
a head of production department claimed to correct some dangerous
aspects in the production system, MAHORO, the Managing Director refused
because it could take 2 weeks to fix the problem while it was a period of busy
production due to a big number of orders received from the company loyal
customers. When AKALIZA was called to report to the Managing Director’s
office to discuss about that issue, she rudely talked to MAHORO, Director of
the company accusing him of not caring about the lives of workers in her
department.
1. Describe the rights that have been violated in regard to employment
relationship.
2. Basing on the scenario above, identify responsibilities which have not
been fulfilled on both employer and employee sides.
9.1. Meaning of rights and responsibilities
Activity 9.1
In 2019, GIRAMAHORO Enterprise dealing in agricultural activities was
established and based in NTARABANA sector. For the smooth running
of the business, the owner took an initiative of using his employment
right to recruit five new workers (employees) to help in achieving the
business objectives. On one hand, some of the main responsibilities of
an employer is to clearly show the worker’s tasks, to train new workers
for better performance of the tasks, and pay the workers regularly for
the work done. Besides, the earlier stated responsibilities of employers
are to give rights to the five recruited workers. The later have
responsibilities of performing the tasks as instructed by the employer,
to report at work on time, etc.
Referring to the above case, answer the following questions:
1. In the case study above, the enterprise owner had the right to hire
workers. What do you understand by rights?
2. Basing on the workers’ responsibilities stated in the case study,
explain what you understand by responsibilities.
3. Explain the difference between rights and responsibilities.
Rights are moral or legal, social, entitlement to have or do something. That is,
rights are the fundamental normative rules about what is allowed of people
or owed to people, according to some legal system, social convention, or
ethical theory. Examples: Right of peaceful assembly and association, Right to
participate in government and in free elections, Right to be considered innocent
until proven guilty, etc.
Responsibility is the state or fact of having a duty to deal with something or
of having control over someone. It is also referred to as a state or fact of being
responsible, answerable, and accountable for something within one’s power,
control, or management. E.g. an employer is responsible to supervise the
worker and make sure that the work is done in suitable conditions as far as
security, health and dignity of the worker are concerned
Workers’ rights or labour rights are a group of legal rights and claimed human
rights having to do with labour relations between workers and their employers,
usually obtained under labour and employment law. In general, these debates
are about negotiating workers’ pay, benefits, and safe working conditions.
Application Activity 9.1
Youth are a rapidly growing percentage of the Sub-Saharan African
population, and many are economically vulnerable. Financial inclusion
for youth, particularly the promotion of savings behavior is associated
with a number of positive social and economic outcomes and is an
international priority. However, the majority of youth in Sub-Saharan
Africa are not saving.
The following are the rights and responsibilities of workers. Based on your
understanding and skills, tick the following statements where appropriate;
9.2. Examples of rights and responsibilities of workers
and employers
Activity 9.2
1. Read the following scenario and answer the questions thereafter.
KEZA is a newly-hired employee at a restaurant based in Kajevuba
village. KABERA, the human resource manager, pays a lot of attention
to her. At first, she feels flattered, but when he starts touching and
cuddling her she worried. She wants him to stop but is afraid that
if she says anything she might lose her job or strain the working
relationship.
Required:
a. How were KEZA’s rights violated?.
b. Discuss the obligation of an employer that was ignored by KABERA
the line manager to KEZA.
2. Read the following extract, and answer the questions that follow,
Labour law covers all rights and obligations within the
employer
employee relationship whether current employees, job applicants,
or former employees. Because of the complexity of employment
relationships and the wide variety of situations that can arise, labour
law involves legal issues as diverse as discrimination, wrongful
termination, wages and taxation, and workplace safety.
Many of these issues are governed by applicable state law. But, where
the employment relationship is based on a valid contract entered into
by the employer and the employee, state contract law alone may dictate
the rights and duties of the parties.
(a) Describe any 3 rights of workers in a business .
(b) Explain any 4 responsibilities of the workers in the business.
9.2.1. Rights and responsibilities of workers
Employers and employees have responsibilities to each other; they should
also expect their rights to be upheld. These rights and responsibilities relate
to areas such as Health and Safety, the provision of terms and conditions of
employment, equal opportunities and the right to be paid a minimum wage.
Employees have the right to:
1. Be given by the employer the agreed work conditions, at the time and place
as agreed;
2. To implement the work contract signed with the employer;
3. To be paid by the employer the agreed remuneration regularly and in due
time;
4. To be affiliated by the employer to the social security scheme;
5. Enjoy the rights that are provided for workers with dependents by the law;
6. To enter into a performance contract with the employer based on collective
negotiation within the establishment;
7. Work in a respectful, inclusive work environment free of discrimination;
8. A safe and healthful workplace;
9. Ask employer to correct dangerous conditions;
10. Receive training from employer;
11. To be given the needed means for the execution or completion of the work;
12. To benefit from all legal provisions related to the work.
The responsibilities of the worker
According to the article 48 of Labour law in Rwanda, the worker has the
following:
Principal responsibilities:
1. To personally carry out the duties of his/her position: The worker must
personally execute the contract of employment in the time, place and under
conditions agreed between the parties. He/she is not competent to request a
third party to do his/her job or to assist him/her without the consent of the
employer even when the remuneration of the third party will be paid by the
employee or gratuitous.
2. To respect the employer’s or his/her representative’s orders when given so
as to have the work done.
3. To abstain from all that might threaten his/her security or that of his/her
companions or third party, or jeopardize his/her dignity and the one of his/
her colleagues.
4. To respect workplace rules, regulations, policies and legislation prescribed
by the establishment, its branch or the place where he/she is to do his/her
work.
5. To keep in good conditions tools given to him/her and give them back to the
employer at the time the work is completed.
6. Treating clients, coworkers and the public with respect and dignity.
9.2.2. Rights and responsibilities of employers
The employer has the following principal rights:
• Hiring rights: The employers have the right to hire the workers in
accordance with proper procedures and to expect reasonable performance
from their employees.
• Firing an employee: Basing on some legal reasons and after official
warnings, the employer has the right to fire an employee. Some legitimate
reasons for firing a worker include:
- Poor performance/productivity problems
- Gross misconduct/unprofessionalism at work
- Stealing
- General layoffs, etc.
• To see his orders respected: An employee is required to respect
the orders of the employer or his/her representative when given in
furtherance of work, but the level of devotion required of an employee
should not exceed his obligations. In as much as the employee owes
the entirety of his professional activities to the enterprise, nonetheless,
outside his working hours, it is lawful for him to perform any activity of
a professional nature which is not harmful to the proper execution of his
obligations as per the terms of his contract of employment.
• To see his work well executed: The employer has the right to see the
work wholly done by the worker in the time, place and under conditions
agreed between the parties.
• To see all legal provisions in his favor being respected: The employee
is required to respect all obligations contained in the contract of
employment. If the employee is in breach of his/her contractual obligation,
he may be liable to indemnify the employer.
The employer has the following main responsibilities:
• To give to the workers the agreed work conditions;
• To ensure the responsibility of implementing the work contract signed on
his/her behalf;
• To supervise the worker and make sure that the work is done in suitable
conditions as far as security, health and dignity of the worker are
concerned;
• To pay the worker the agreed remuneration regularly and in due time;
• To avoid whatever may hamper the company’s functioning, its workers
and the environment;
• To affiliate workers to the social security scheme;
• To make those workers with dependents enjoy the rights that are provided
for by the law;
• To enter into a performance contract with the worker based on collective
negotiation within the establishment;
• Ensuring no discrimination in the workplace;
• Provide a workplace safe and free from hazards;
• Provide training to employees;
• Provide competent supervision, etc.
Application Activity 9.2
A. Circle the correct answer for each statement.
1. In Rwanda, an employer does not need to:
a. Provide regular breaks for employees
b. Maintain a safe workplace
c. Pay employees the agreed-upon wage on time
d. Pay for employee’s transportation to work
2. In Rwanda, an employee has the responsibility to:
a. Respect and follow the directions given by the employer
b. Avoid hazards at the workplace
c. Keep equipment in good working order
d. Show up on time
e. All of the above
B. State whether the following statements are True or False
1.Rights and responsibilities are the same for employers and
employees
2. The Rwandan labor law protects workers against harassment,
intimidation and violence.
3. Women should not report sexual harassment by their supervisors
because they will lose their job.
4. Rwandan labor law protects adults, not youth.
5. Think about a business, organization or any other institution in your
home locality employing workers. Answer the following questions:
a. Discuss the responsibilities of the employer ( business/
organization employing workers)
b. What rights do employers expect their employees to provide?
Skills lab 9
1. For the business you intend to start in your community;
i) How will you ensure that the rights of workers are observed?
ii) What will be the responsibilities of different workers that you
will employ?
iii) As the employer, what will be your responsibilities?
iv) How will you ensure that workers have performed their
responsibilities?
2. Draw 3 pictures showing human rights violation in your portfolio
notebooks.
End of unit 9 Assessment
KAZENEZA, an Adventist by religion was selected as the best candidate
to work as a teller at URWUNGUKO bank. Saturday is always a very busy
day of the week most especially to cashiers due to the fact that, on this
day, the bank experiences huge amounts of deposits and withdrawals
in almost equal proportions hence many customers. In the employment
contract, the bank highlighted Saturday as a special working day under
the terms and conditions of working days.
Questions:
1. What advice would you give to KAZENEZA taking into consideration
his religious beliefs and the bank’s terms and conditions of the
employment contract?
2. Assume that you are selected by RITCO Ltd; one of the biggest
and famous transport companies in Rwanda to train company
administrative and managing staff on the rights and responsibilities
of employer.
3. Discuss what will be contained in your training presentation as
the rights and responsibilities of employers to make sure that
employees’ rights and responsibilities are not violated by their
employers.
BIBLIOGRAPHY
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