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Yemen - Minimum Wages - 2011


LAST UPDATE

11 November of 2011
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SOURCES


Name of Act

Labour Code (Act No.5 of 1995) as amended up to Law No. 25 of 1997.
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Other source used

Human Rights Report 2011 of Yemen, of the U.S. Department of State

LEGAL DEFINITIONS


Employee/worker

"Worker": any man, woman or young person working for an employer, under his supervision even if not within his sight, in consideration of a wage, under a written or unwritten contract of employment.
Labour Code Art.2

Employer

"Employer": any natural or legal person employing one or more workers in return for wages in any sector of activity.
Labour Code Art.2

Wage

"Full wage": the payment made by the employer to the worker in consideration of his work, whether in cash or in kind which may be evaluated in currency, including all entitlements of any kind.
Labour Code Art.2

Minimum wage

"Basic wage": the payment made by the employer to the worker in consideration of his work, whether in cash or in kind which may be evaluated in currency, excluding any entitlements other than the basic wage.
Labour Code Art.2

MINIMUM WAGE FIXING


Coverage

The minimum wage payable to a worker shall not be less than the minimum wage paid by the state administration.
Labour Code Art.55.1

Scope

The provisions of the Labour Code shall not apply to the following categories:
(a) employees of the state administration and the public sector;
(b) officers of the judiciary and the diplomatic and consular corps;
(c) staff of military and security establishments;
(d) foreigners seconded to work with the State;
(e) foreigners working in the Republic under an international Convention to which the Republic is a party, this exemption being subject to the limits set by the Convention in question;
(f) foreigners holding diplomatic or special passports who have obtained a visa and who work in the Republic subject to the conditions of such political visas as may be issued to them;
(g) casual workers;
(h) persons related to and working with the employer who are effectively his dependants regardless of their degree of kinship;
(i) household servants and workers of equivalent status;
(j) persons employed in agriculture and pastoral work other than:
(i) persons employed in agricultural corporations, establishments or
associations or in enterprises which process or market their own products;
(ii) persons who, on a permanent basis, operate or repair mechanical
equipment required for agriculture or permanent irrigation works;
(iii) persons working in livestock husbandry.
Labour Code Art.84

Specific minimum wage rates

Wages types, categories and rates for jobs and occupations shall be determined according to the volume and type of work involved in accordance with the following principles:
(a) nature of functions, duties and responsibilities;
(b) qualifications and experience required to perform the job;
(c) importance and role of the job in the development and quality of production;
(d) yield of work;
(e) working conditions and location of workplace;
(f) efforts made by the worker.
Labour Code Art.54

» Minimum wage levels for specific categories of workers


» Trainees

A worker shall be paid his basic wages if he joins a training or rehabilitation course approved by his employer, whether inside the Republic or abroad.
Labour Code Art.58

» Youth

Employers shall pay young persons fair wages in consideration of their work in occupations equivalent to those of adults provided that such wages shall, in any event, be not less than two-thirds of the minimum wage for the occupation concerned. They shall pay the wage to the young person himself. The Council of Ministers may, acting on a submission by the Minister and a recommendation from the Labour Council, make an order specifying minimum wages for certain occupations and jobs in which young persons are employed.
Labour Code Art.52

» Piece-rate workers

The average daily minimum wage of a worker remunerated on the basis of production piece rates shall not be less than the daily minimum wage specified for the occupation or industry concerned
Labour Code Art.55.2

» Other categories

Women shall be entitled to wages equal to those of men if they perform the same work under the same conditions and specifications.
Labour Code Art.67

» Other categories

Employers shall pay equal wages to Yemenis and non-Yemenis if their working conditions, qualifications, experience and competence are equal.
Labour Code Art.67(2)

Level


In-kind allowances

Wages and other entitlements due to workers shall be paid in legal currency, on a working day and at the workplace.

Employers shall not in any way restrict the freedom of their workers to dispose of their remuneration, or oblige their workers to purchase goods produced by them nor to buy goods from specified sources.

Where a worker is sent to perform a specific task in an area which is remote from his workplace, whether inside the Republic or abroad, he shall be entitled to receive allowances according to the nature of his task and related to his representation, travel or residence as the case may be. The Council of Ministers shall, acting on a submission by the Minister and a Recommendation from the Labour Council, make special regulations governing allowances.

Every employer shall provide his workers with means of transportation from their place of residence or a specified assembly point to their workplace or pay them an allowance for that purpose.

Employers shall in accordance with standards to be specified by order of the Minister, provide their workers with adequate housing and food if they work in places remote from inhabited areas.
Labour Code Art.61,62, 64, 68, 69, 70.

Rate of payment

A worker employed on the basis of monthly wages may not be transferred without his consent to a category of workers whose wages are calculated on a weekly, daily or hourly basis or on the basis of production or piece rates.
Labour Code Art.60

» Daily

Wages may be calculated on daily basis.
Labour Code Art.55.2

» Weekly

Wages may be calculated on weekly basis.
Wages shall be paid at least once a week in respect of workers whose remuneration is calculated on an hourly, daily or weekly basis.
Labour Code Art.55.2, 61(c)

» Monthly

Wages may be calculated on monthly basis.
Wages shall be paid once a month in respect of workers remunerated on a monthly basis, to be paid not later than the sixth day of the following month.
Labour Code Art.55.2, 61(a)

» Other

Wages shall be paid once every fortnight in respect of workers remunerated on a fortnightly basis, to be paid not later than the third day after the end of every fortnight.

The daily wages of workers not paid on a monthly, weekly or daily basis shall be calculated on the basis of the average wages earned by their counterparts for days effectively worked for the same employer over the past year or during their period of service if less than one year.
Labour Code Art.55.2,61(b)

Specific provisions

Wages shall be paid on the day following the termination of the contract. If a worker leaves the service at his own initiative, his wages shall be paid to him within six days of the date of his leaving the service.
Labour Code Art.65

Enforcement mechanisms


Labour inspection

All sectors and employers covered by this Code shall be subject to inspection. Employers shall facilitate the work of labour inspectors and provide them with all such information and data as they may request for the purposes of inspection.
Labour Code Art.122

Fines in national currency for non-respect of legislation

Without the prejudice to any stronger penalty provided for any other law, any person who violates any of the provisions on wages of the Labour Code shall be punished with prison for a period not exceeding three months or a fine the amount is not less than 5,000 (Five thousand) riyals, but not exceeding 20,000 (twenty thousand) riyals.
Labour Code Art.154

Other penalties

A worker shall be entitled to his full wages for any period spent in detention because of a workrelated case, provided that the amount paid to him during such period of detention is not less than 50 per cent of his basic wages, the balance of his full wages being paid to him after his innocence is established. The employer may recover the amount paid during the period of detention if the worker is convicted under a final judgement.
Labour Code Art.59

Results generated on: 25th October 2014 at 04:45:49.
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