Summary/citation: Legislation on occupational safety and health (OSH) in Somalia is limited, with the labour code known as Act No. 31 of 2004: Private Sector Act as the main reference on occupational safety and health issues. The Labour Code establishes the rights, duties and responsibilities of the parties of labour relations, as well as conditions for ensuring the safety and health of workers.
• Private Sector Employees Law (Law No. 31/2004).
• Occupational safety and health country profile: Somalia
• Laws from Somalia.
Summary/citation: The employer must do everything within his means that would improve his workers' life, their health and psychological well being.
• Private Sector Employees Law (Law No. 31/2004). (Chaper 11, Art. 41)
Summary/citation: "Every person performing work, other than for the government, (for a fixed time) by which he is given the rights mentioned by this Act or any other benefit."
• Private Sector Employees Law (Law No. 31/2004). (Chapter 1, Article 1)
Summary/citation: Yes, migrant workers are included within the scope of OSH legislation."This Act shall be applied to all employers and employees within the Private Sector of the Republic of Somaliland, such as: 1.1. The local employees of international non-governmental organizations; 1.2. The employees of local non-governmental organizations;1.3. The local employees of the United Nations; 1.4. The employees of local companies, as well as local employees of foreign companies who work in the private workplace more than three consecutive months. 1.5. The local employees of foreign governments and embassies. "
• Private Sector Employees Law (Law No. 31/2004). (Chapter 1, Article 2)
Summary/citation: "The persons or agent or firms or nongovernmental organizations which operate employees for a specified time and pay the rights of the employees according to this Act."
Related CEACR Comments• Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 1991
Summary/citation: Agriculture is not excluded from the scope of OSH legislation.
Summary/citation: Construction is not excluded from the scope of OSH legislation.
Summary/citation: Services are not excluded from the scope of OSH legislation.
• Private Sector Employees Law (Law No. 31/2004). (Chapter I, Article 2)
Summary/citation: This Act shall not be applied to: 2.1. Civil Service 2.2. Armed Forces of whatsoever category 2.4. Security Forces
Summary/citation: This Act shall not be applied to: 2.3. Athletes 2.5. Daily labor
Summary/citation: Workplace Injury: means any injury which arises from the work or diseases which arise from the workplace where the employer operates.Workplace Accident: means any injury to part of the body or any disturbance of work beyond the control of the employee himself to perform duties related to his work
Summary/citation: Workplace Injury: means any injury which arises from the work or diseases which arise from the workplace where the employer operates.
Summary/citation: "This Act officially establishes the Director of Labour under the Minister of Health and Labor"
• Private Sector Employees Law (Law No. 31/2004). (Chapter I, Article 3)
Summary/citation: 1. The purpose of establishing the Director is: - To develop employees and the conditions of work within the sectors of employment;- To protect the rights of employers and employees;- To reduce the disputes between the employers and employees. 2. Duties and obligations of the Director of Labour of the Minister of Health and Labor: 2.1. Registration of the employees of Companies, local non-governmental organizations, international non-governmental organizations, and the United Nations. 2.2 Publishing and ensuring the enforcement of this Act as to raise awareness of the rights of all employers and employees. 2.3. Dispute resolution of the work relationships between employers and employees within the private sector, which are registered.2.4. Encouragement of education and training of private sector employees, by producing and publishing policy and strategy toward the development of the education of the employees in the private sector. 2.5. The Director is responsible for all employment related work, conditions of work, development of unskilled labor, and the statistics for private sector employment. 2.6. Encouragement and helping the establishment of Trade Unions according to this Act. 2.7. Ensuring that the employees of companies are given justice and equality during the hiring process, during which one of the member of the Department of Labour will be present when competing for the hiring of a new employee. 2.8. Giving permission to foreign employees for which their experience is necessary. 2.9. To give current information and consultation to the Minister of Health and Labor on the conditions of work for employees of the state so as to produce a strategy and policy towards the development of the employees. 2.10. Inspecting and ensuring the conditions of workplace.
Summary/citation: The Department of Labour is responsible for all OSH matters.
• Private Sector Employees Law (Law No. 31/2004). (Chapter 1, Article 3)
Summary/citation: 2. Duties and obligations of the Director of Labour of the Minister of Health and Labor include: 2.4. Encouragement of education and training of private sector employees, by producing and publishing policy and strategy toward the development of the education of the employees in the private sector. 2.5. The Director is responsible for all employment related work, conditions of work, development of unskilled labor, and the statistics for private sector employment. 2.9. To give current information and consultation to the Minister of Health and Labor on the conditions of work for employees of the state so as to produce a strategy and policy towards the development of the employees.
Summary/citation: "The responsibility of the employer towards his/her employees is as follows: - Must prepare a convenient environment which has no hazards to the security and health of the employee;- Must prepare all means possible which can prevent a hazard within the workplace."
• Private Sector Employees Law (Law No. 31/2004). (Chapter 11, Article 41 (3))
Summary / Citation: "The employer is obligated to fulfill the following matters:- The workplaces shall be places that are sufficient to the work being done in, and at the same time be places that are sufficient for the health."
"The responsibility of the employer towards his/her employees is as follows: - Must prepare a convenient environment which has no hazards to the security and health of the employee; Must prepare all means possible which can prevent a hazard within the workplace."
• Private Sector Employees Law (Law No. 31/2004). (Chapter 7, Article 34, Chapter 11, Article 41)
Summary / Citation: "The responsibility of the employer towards his/her employees is as follows:- Employees shall be provided with protection against any risks that may harm their health or their security."
• Private Sector Employees Law (Law No. 31/2004). (Chapter 11, Article 41 (3) (e)(g))
Summary / Citation: "The responsibility of the employer towards his/her employees is as follows:- Necessary steps shall be taken to administer first aid to employees who have accidents or who are sick during the job."
• Private Sector Employees Law (Law No. 31/2004). (Chapter 11, Article 41 (3)(n))
Summary / Citation: "The responsibility of the employer towards his/her employees is as follows:- The workplace shall have adequate toilets and pit latrines separated between men and women."
• Private Sector Employees Law (Law No. 31/2004). (Chapter 11, Article 41)
Summary / Citation: "The responsibility of the employer towards his/her employees is as follows:- The workplace shall have adequate water."
Summary/citation: "All factories, garages and other work places must put in writing the policies and practices they uphold to maintain the safety and health of their workers and a copy of this document should be forwarded to the Labor office."
• Private Sector Employees Law (Law No. 31/2004). (Chapter 11, Article 41 (2))
Summary/citation: "Every place whose employees reach more than 100 employees, shall have a qualified health practitioner on staff."
• Private Sector Employees Law (Law No. 31/2004). (Chapter 11, Article 43(2))
• Private Sector Employees Law (Law No. 31/2004). (Chaper 11, Article 41 (2))
Summary/citation: "The responsibility of the employer towards his/her employees is as follows: - Must provide all information regarding that which is hazardous to the health and security of the employees before their employment begins.There shall be enough training given to the employees to prevent job-related risks that may accrue and diseases that may happen."
Summary / Citation: "Every work location where up to 100 workers are employed is required to have a medical clinic with qualified medical staff."
Summary/citation: "Every work location where up to 100 workers are employed is required to have a medical clinic with qualified medical staff."
Summary / Citation: Employees:- Shall do their work according to the contract which is not contradictory to this Act. - Shall take care of the facilities and assets they hold at work and that are in their trust or responsibility.
• Private Sector Employees Law (Law No. 31/2004). (Chapter 7, Article 33 (2)(4))
Summary / Citation: The employees shall do their work according to the contract which is not contradictory to this Act.
• Private Sector Employees Law (Law No. 31/2004). (Chapter 7, Article 33)
Summary / Citation: "The employee has a right to terminate the contract before the end of contract period for the following reason: if the employee is being obligated to work in a condition that is a risk to him/her, and the employer refuses to eliminate that risk."
• Private Sector Employees Law (Law No. 31/2004). (Chapter 1, Article 26)
Summary / Citation: An employee can legally abrogate the terms of a contract if a qualified medical doctor testifies in writing that the said employee is unable to continue working because of illness or because the work is liable to harm his health.
• Private Sector Employees Law (Law No. 31/2004). (Chapter 5, Article 26)
Remarks / comments: Not specifically mentioned, however, according to the Labour Code:1. Works of business corporations and non-state agencies or organization are entitled to their own labor unions in accordance with the provisions of this Code.2. Every person who is a member of the workers is entitled to become a member of the labor union.
• Private Sector Employees Law (Law No. 31/2004). (Chapter 12, Article 54)
Summary / Citation: Not specifically, however, according to the Labour Code:1. Works of business corporations and non-state agencies or organization are entitled to their own labor unions in accordance with the provisions of this Code.2. Every person who is a member of the workers is entitled to become a member of the labor union.
• Private Sector Employees Law (Law No. 31/2004). (Chapter 12, Article 52)
Summary / Citation: "Every industrial work place must have sufficient supply fire extinguishers and trained workers to work with them."
• Private Sector Employees Law (Law No. 31/2004). (Chapter 11, Article 41(j))
Summary / Citation: 1. A pregnant employee shall be entitled to a maternity leave 16 weeks in duration.2. Such pregnant employee can go her maternity leave 4 weeks before delivery (the beginning of the 9th month of her pregnancy) if a qualified doctor certifies that her health or that of the baby necessitates her going on such maternity leave.3. A pregnant employee shall inform her employer in writing when she intends to go on her maternity leave and when she will be back to work at least four weeks in advance, unless illness prevents her from giving this in due time.4. It is unlawful for a woman that has given birth to go back to work within a period of less than 6 weeks after giving birth, unless a qualified Doctor has certified that she is healthy enough to work. 5. If a pregnant employees suffers a stillbirth during her 7th month of pregnancy or later, she shall be entitled to a leave of 6 weeks duration.6. It is unlawful to terminate from work an employee that a doctor has certified to be pregnant or to be in the final stages to delivery until her baby reaches one year, except in the case of an employee whose contract of employment has expired.
• Private Sector Employees Law (Law No. 31/2004). (Chater 2, Article 15)
Summary / Citation: A working mother breast feeding a baby shall be entitled to a special consideration and shall be awarded a break of one hour between 11:a.m. and 12:00 noon to breast feed the baby until the baby becomes one year old.
• Private Sector Employees Law (Law No. 31/2004). (Chapter 2, Article 16)
Summary / Citation: In this Code, the term night work is used to mean work done during the hours between 10:00 p.m. and 06:00 a.m.It is unlawful to employ children under the age of 18 years and women for night work at factories, commercial enterprise and farms.
• Private Sector Employees Law (Law No. 31/2004). (Chapter 2, Article 10)
Summary / Citation: 1.It is totally unlawful to employ children less than 15 years of age.2.If a child less than 18 years in age is to be employed, the work the child is to do should be one which is light and does not retard the child’s growth or affect his physical or mental health.3. The employment of a child should not prevent the child from getting his primary education.4. Child less than 18 years old shall not be employed for work done in underground locations or at sea.
• Private Sector Employees Law (Law No. 31/2004). (Chapter 9, Article 38)
Summary / Citation: "The Minister of Labor and Employment Services, with the advice of the Director General of the Ministry, shall appoint Labor Inspectors."
• Private Sector Employees Law (Law No. 31/2004). (Chapter 1, Article 4)
Summary / Citation: To carry out their duties, the Inspectors of Labor must have made for them identification cards to verify that:1. They are Labor Inspectors.2. This Labor Code authorizes them to inspect work premises according to the terms that the code mandated.3. Therefore, for them to become acquainted with the conditions of work and of the workers, the Inspectors of Labor can enter at any proper time, without warrant or prior notification, any premises where work is undertaken or wherever employees are at work at the time or are receiving training/education or wherever data of any kind about employees is stored, that is not a currently inhabited house.
• Private Sector Employees Law (Law No. 31/2004). (Chapter 1, Article 6)
Summary / Citation: 2. Labour inspectors have authority to inspect work sites in accordance with this code.3. They investigate the written complaints of an inspector or an employee.4. They make sure that the provisions of this code are implemented at all work sites.5. They look for anything that would in effect be detrimental to the accepted system of employment or to the welfare of the employees.6. They can request an employer to provide them reports about his employees number as well as any helpful information about the condition of their occupation or about themselves.
• Private Sector Employees Law (Law No. 31/2004). (Chapter 1, Article 5 (2)(3)(4))
Summary / Citation: "Labour inspectors advice the employers about employees' rights and the employees about their work responsibilities."
• Private Sector Employees Law (Law No. 31/2004). (Chapter 1, Article 5 (1))
Summary / Citation: "If labour inspectors determine an employer to be in violation of this code, they can either warn him or they can require him to pay a fine appropriate to the infraction, after which they can allow him a specific period of time in which he is to correct his mistakes and then report the case to their superiors at the Ministry".
• Private Sector Employees Law (Law No. 31/2004). (Chapter 1, Article 5 (7))
Remarks / comments: However, labour inspectors submit to the Ministry a report on, and their evaluation of, any work site that does not satisfy the mandatory terms of this code.
• Private Sector Employees Law (Law No. 31/2004). (Chapter 1, Article 5 (8))
Summary / Citation: "Any person who violates this Code willfully shall be punished with imprisonment for a period not less than 6 months or with a befitting fine to be determined by the court."
• Private Sector Employees Law (Law No. 31/2004). (Chapter 11, Article 46(2))
