Remarks: The Labour Code applies to all employers and workers including those employed in the public service or public institutions in so far as any of their terms and conditions of service are not governed by any other law. However, the provisions of the Labour Code do not apply to the armed forces, police forces and para-military forces of the State (§2 Labour Code).
Other source used
Human Rights Report 2010 - Somalia. Published by the US Department of State at http://www.state.gov/documents/organization/160144.pdf and accessed 7 December 2011.
Worker means a person who undertakes in return for remuneration to perform manual or non-manual work for an employer under a special or general, oral or written agreement, or by way of apprenticeship or probation.
Labour Code 1972 §1(1)
Employer
Employer means a physical or juridical person who uses, directs and remunerates the services of a worker, whether continuously or not, and includes the State.
Labour Code 1972 §1(1)
MINIMUM WAGE FIXING
Procedure
Government decides alone
Minimum wages for any category of worker may be determined by decree of the President of the Republic, on the proposal of the Minister responsible for labour affairs, having heard from the Central Labour Commission and with the approval of the Council of Secretaries.
The Central Labour Commission is an advisory authority established under §§113 and 114 of the Labour Code and consists of: (a) the Secretary of State; (b) the Director of the Labour Department; (c) one representative of the Ministry of Agriculture; (d) one representative of the Ministry of Industry and Fisheries; (e) one representative of the Ministry of Commerce; (f) one representative of the Social Insurance Organisation (CASS); and (g) two representatives from the Public Relations Office.
No minimum wage decrees have been identified.
Labour Code 1972 §§72, 113, 114
Criteria
Needs of workers and their families
Every worker shall have the right to receive remuneration which shall ensure an existence consistent with human dignity.
Labour Code 1972 §70(1)
Economic development
The economic conditions of the country shall be taken into account in determining the minimum wage.
Labour Code 1972 §72
Other provisions
The social conditions of the country shall be taken into account in determining the minimum wage.
Labour Code 1972 §72
Coverage
Scope
The minimum wage provisions of the Labour Code apply to all employers and workers, including those employed in the public service or public institutions, in so far as any of their terms and conditions of service are not governed by any other relevant law. However, article 72 contemplates that minimum wages may be set in relation to categories of workers as specified in the relevant Presidential decree. At the time of writing, no such decree has been identified.
Labour Code 1972 §§2, 72
Excluded categories
» Sectors
The Labour Code does not apply to the armed forces, police forces and para-military forces of the State.
Labour Code 1972 §2
Level
Minimum wage level(s) in national currency
No minimum wage decree has been identified.
US Department of State Human Rights Report 2010 - Somalia p43
In-kind allowances
An employer shall provide the following fringe benefits to workers: (a) accommodation when a worker is required to be away from his normal residence; (b) free food or a subsistence allowance a worker is required to work away from his normal residence and there are suitable messing facilities; (c) free transport to and from the place of work, when a worker is required to work in a town or locality away from his normal residence.
Remuneration to a worker shall be paid in legal currency. An employer may not make any deduction from or withhold any money forming part of the wages and cash payments due to the worker, except in the manner and subject to the limits prescribed by law.
Labour Code 1972 §§49(6), 73(1), 75, 82
Rate of payment
» Monthly
Except where common usage requires otherwise, workers who are not paid by the day shall be paid at regular intervals of not more than a month.
Labour Code 1972 §76(1)
» Other
An employer shall pay the agreed wages at such times specified for payment in the contract of employment or collective agreement or, in the absence of relevant provisions, as dictated by custom.
Except where common usage requires otherwise, workers paid by the day shall be paid at regular intervals of not more than a fortnight.
In the case of piece-work lasting longer than a fortnight, a worker may request to be paid a fortnightly amount in proportion to the amount of work done up to a maximum of 80%.
Commission on business transacted during a given quarter shall be paid by the end of the following financial quarter.
Labour Code 1972 §§49(1), 76(1), 76(2), 76(4)
Scheduled frequency of adjustment
No provisions scheduling the frequency of adjustment identified.
Enforcement mechanisms
Labour inspection
The Central Labour Inspector shall ensure compliance with the Labour Code, its regulations and any other law made for the protection and welfare of workers, assisted by district labour inspectors. The powers of the central and district labour inspectors include: (1) entering freely without previous notice at any hour of the day or night any workplace liable to inspection; (2) entering by day any premises which they may have reasonable cause to believe to be liable to inspection; (3) carrying out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the provisions of the Labour Code and regulations are observed; (4) interrogating, alone or in the presence of witnesses, employers or workers, on any matters concerning the application of the Labour Code or regulation; and (5) requiring the production of any books, registeres or other documents concerning the workers and their terms and conditions of service in order to see that they are in conformity with the legal provisions, and copying or taking extracts from such documents.
Employers must make and preserve receipts of the payment of remuneration, signed or otherwise authenticated by the worker, and produce such receipts at the request of the competent central or district labour inspector.
Labour Code 1972 §§77, 106, 107, 110
Remarks: Workers lose the right to recover unpaid entitlements after 3 years from the date on which they became due (§81 Labour Code).
Fines in national currency for non-respect of legislation
Any person who wilfully obstructs a district or central labour inspector in the performance of their official duties shall be guilty of an offence punishable with a fine of between 200 and 2,000 Somali shillings.
Any other contravention of the Labour Code or any related regulations shall be punishable with a fine of between 100 and 1,000 Somali shillings.
If an offence is repeated, the penalty provided may be doubled.
Labour Code 1972 §§143, 144, 145
Other penalties
Any person who wilfully obstructs a district or central labour inspector in the performance of their official duties shall be guilty of an offence punishable with imprisonment for a term not exceeding 1 year.
Any other contravention of the Labour Code or any related regulations shall be punishable with imprisonment for a term not exceeding 6 months.
If an offence is repeated, the penalty may be doubled.
Labour Code 1972 §§143, 144, 145
Results generated on: 19th April 2024 at 07:45:14.
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