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Somaliland Labour/Employment Law
- For laws relating to public employees, please see the bottom half of this page.
PRIVATE SECTOR EMPLOYEES
The main Law covering private sector employment is the recently amended Private Sector Employees’ Law which covers all non-public employees, other than casual “daily” workers. The law titled, in Somali, Wax ka Bedelka iyo Kaabista Xeerka Shaqaalha Rayidka (Xeer Lam 31/2004 - Private Sector Employees Law – Law No. 31/2004 (As amended 2008) was approved by the House of Representatives approved this Law on 18 August 2008.
A copy of the law (in Somali - pdf file) is attached here.
The law reduces the previous Law passed by the House in 2004 from 79 articles to 57, but covers broadly the same grounds. The Law follows the model of the previous Somalian employment laws, such as Labour Code No. 65 of 18 October 1972. It does, however, introduce new provisions, such as the positive quota for recruitment of employees from the excluded communities. The main chapters of the law are:
Chapter 1: General provisions
Chapter 2: Hours of work
Chapter 3: Holidays and rest periods
Chapter 4: Employees’ pay and emoluments
Chapter 5: Employment Contracts
Chapter 6: Employees’ recruitment procedures
Chapter 7: The duties of employees and employers
Chapter 8: Dismissal and resignation of employees
Chapter 9: The employment of young persons
Chapter 10: Employees’ grievances
Chapter 11: Health and safety in the work place
Chapter 12: The structure of employees’ associations
Until an English language translation is available, the following subject matter table pointing to the relevant articles might be of some help:
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Coming into force
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Art. 57
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Disciplinary acts, suspension
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Art. 51 - 51
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Dismissal & resignation
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Art. 36 - 37
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Duties of employees & employers, appraisals
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Art. 33 - 35
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Employees’ grievances and cases; Labour Directorate, Regional Courts.
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Art. 39
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Employment contracts, types of contracts, apprenticeships, registration of employment contracts
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Art. 24 - 30
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Fundamental employment rights - equality and non-discrimination on grounds of gender, colour, religion, clan origin, political opinion, HIV/AIDS.
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Art. 7
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Health & safety
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Art. 41 - 45
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Holidays, rest periods, sickness leave, maternity leave, family responsibility leave
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Art. 11-19
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Hours of work
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Art. 8 - 10
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Labour Directorate & Inspections
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Art. 2 – 6, 48
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Labour organisations
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Art. 52 - 55
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Minors – non-employment
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Art. 38
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Recruitment; foreign employees
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Art. 31 - 32
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Regulations under this Law
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Art. 56
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Salary and emoluments; Eid payment, funeral expenses.
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Art. 20 - 23
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Scope of the Law
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Art. 1
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Tax – rates
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Art. 40, 46; Schedule
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Transfer of undertakings
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Art. 47, 49
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Public Holidays
Article 12 of the Law sets out the paid public holidays totalling 11, but another day has been added under Ministerial Regulations.
See : list of holidays here.
The Civil Code
Article 605 of the Civil Code (1973) defines contracts for labour as one involving agreement for labour or work in consideration for remuneration. The Code also covers the general principles that underlie contractual obligations, but Article 605 of the Code states that a special law shall govern employment contracts. That law in respect of private employees is the above law.
The Civil Code also covers liability for “tort” acts committed by employees. Art. 171 of the code states that:
“1. An employer is liable for the damage caused by an employee who commits unlawful act in the course of, or in relation to, his employment.
2. The relationship between employer and employee exists even when the employer has not been free to choose his employee, provided he has actual powers of supervision and control over his servant.”
This employer’s liability for unlawful tort acts was challenged in various cases relating to injury or death brought about by vehicle accidents where the employers of the drivers challenged this Article as being contrary to Islamic principles. The Somaliland Supreme Court rejected such arguments and on 1 February 2005, the Chairman of the Supreme Court issued a Direction in which he re-confirmed the applicability of Article Article 171 of the Civil Code in respect of the liability of employers for the road traffic accidents caused by their employees. The Direction also confirmed that the monetary value of a camel, for the purposes of compensation, was equivalent to 200,000 Shillings .
INTERNATIONAL LABOUR STANDARDS
The ILO’s Governing Body has identified eight conventions as “fundamental”:
- Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
- Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
- Forced Labour Convention, 1930 (No. 29)
- Abolition of Forced Labour Convention, 1957 (No. 105)
- Minimum Age Convention, 1973 (No. 138)
- Worst Forms of Child Labour Convention, 1999 (No. 182)
- Equal Remuneration Convention, 1951 (No. 100)
- Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
These principles are also covered in the ILO’s Declaration on Fundamental Principles and Rights at Work (1998) (see section 3). In 1995, the ILO launched a campaign to achieve universal ratification of these eight conventions. There are currently over 1,200 ratifications of these conventions, representing 86% of the possible number of ratifications.
The ILO’s Governing Body has also designated another four conventions as “priority” instruments, thereby encouraging member states to ratify them because of their importance to the functioning of the international
labour standards system. These are:
- Labour Inspection Convention, 1947 (No. 81)
- Labour Inspection (Agriculture) Convention, 1969 (No. 129)
- Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)
- Employment Policy Convention, 1964 (No. 122)
CONVENTIONS RATIFIED BY THE SOMALI REPUBLIC BEFORE MAY 1991:
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Source: ILOLEX – (5. 4. 2009)
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Convention
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Ratification date
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Status
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C16 Medical Examination of Young Persons (Sea) Convention, 1921
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18:11:1960
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ratified
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C17 Workmen's Compensation (Accidents) Convention, 1925
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18:11:1960
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ratified
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C19 Equality of Treatment (Accident Compensation) Convention, 1925
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18:11:1960
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ratified
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C22 Seamen's Articles of Agreement Convention, 1926
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18:11:1960
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ratified
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C23 Repatriation of Seamen Convention, 1926
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18:11:1960
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ratified
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C29 Forced Labour Convention, 1930
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18:11:1960
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ratified
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C45 Underground Work (Women) Convention, 1935
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18:11:1960
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ratified
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C50 Recruiting of Indigenous Workers Convention, 1936
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18:11:1960
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denounced on 15:09:1981
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C64 Contracts of Employment (Indigenous Workers) Convention, 1939
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18:11:1960
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denounced on 11:09:1978
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C65 Penal Sanctions (Indigenous Workers) Convention, 1939
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18:11:1960
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ratified
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C94 Labour Clauses (Public Contracts) Convention, 1949
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18:11:1960
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ratified
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C95 Protection of Wages Convention, 1949
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18:11:1960
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ratified
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C105 Abolition of Forced Labour Convention, 1957
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08:12:1961
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ratified
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C111 Discrimination (Employment and Occupation) Convention, 1958
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08:12:1961
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ratified
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Ratified: 12
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Conditional ratification: 0
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Declared applicable: 0
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Denounced: 2
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PUBLIC SECTOR EMPLOYEES
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