Remarks: This norm is the Labour/Employment law applicable within the region of Somaliland. Considering the norm is available in Somali and that it is only applicable within this region, all the information provided further in this Section has been based exclusively on the Labour Code of the Republic of Somalia of 1972.
Name of Act
Constitution of the Republic of Somalia 1960 The Transitional Federal Charter of the Somali Republic 2004.
Maternity protection under the Labour Code covers women workers in the private sector. It also covers women workers in public service or public institutions who are not covered by any other law. Persons in the armed forces, police force and para-military forces of the State are not covered.
Labour Code §§ 1, 2
Qualifying conditions
A woman worker shall present to the employer, a medical certificate indicating the expected date of her confinement.
Labour Code §91(2)
Duration
Compulsory leave
Six weeks after confinement.
Labour Code § 91
General total duration
Fourteen weeks, of which at least six weeks to be taken after confinement
Labour Code §91
Historical data (year indicates year of data collection)
2004: Fourteen weeks
1998: Fourteen weeks
1994: Fourteen weeks
Extension
If the confinement takes place after the expected date, prenatal leave is extended up to the actual date
Labour Code § 91
Leave in case of illness or complications
Not provided.
Labour Code
RELATED TYPES OF LEAVE
Parental leave
Not provided.
Labour Code
Paternity leave
Not provided.
Labour Code
Adoption leave
Not provided.
Labour Code
RIGHT TO PART-TIME WORK
Neither pregnant workers nor breastfeeding mothers are entitled to apply for part-time work.
Labour Code
CASH BENEFITS
Maternity leave benefits
Scope
All women workers covered by the Labour Code.
Labour Code §§ 1, 2, 91
Qualifying conditions
A woman worker shall be entitled to maternity cash benefits on presentation to her employer of a medical certificate indicating the expected date of her confinement, and if she has been employed by the employer for at least six months without any interruption on her part except for properly certified illness.
Labour Code §91.2
Duration
14 weeks.
Labour Code 91.2
Amount
Fifty percent of wages.
Labour Code § 91
Historical data (year indicates year of data collection)
2009: Fifty percent of wages for the normal period of maternity leave (14 weeks).
2004: Fifty percent
1998: Fifty percent
1994: Fifty percent
Financing of benefits
The employer.
Labour Code § 91
Historical data (year indicates year of data collection)
2009: The employer.
2004: Employer
1998: Employer
1994: Employer
Parental leave benefits
Not provided.
Labour Code
Paternity leave benefits
Not provided.
Labour Code
Adoption leave benefits
Not provided.
Labour Code
MEDICAL BENEFITS
Pre-natal, childbirth and post-natal care
According to ISSA web-site medical care is available in government dispensaries and hospitals. There is not a branch of maternity in the Social Security System of Somalia and it was not found any information on this matter in the websites.
Financing of benefits
There is not information available on this matter.
BREASTFEEDING
Right to nursing breaks or daily reduction of hours of work
A women worker nursing her child is entitled to two daily paid breaks of one hour each, for a maximum of one year after the date of birth of the child.
Labour Code § 92
Remuneration of nursing breaks
Nursing breaks are counted as working hours and remunerated accordingly.
Labour Code § 92
Transfer to another post
Not provided.
Labour Code
Nursing facilities
Not provided.
Labour Code
HEALTH PROTECTION
Arrangement of working time
Night work
Night work means any work done between 10 p.m and 5 a.m It shall be unlawful to employ young persons under the age of 18 years or women on night work in industrial, commercial and agricultural undertakings and their ancillary establishments, except undertakings in which only members of the same family are employed: Provided that this prohibition shall not apply to workers of either sex who have attained the age of 16 years- a. if they are employed on work which, by its nature, must be continued night and day; b. in a case of force majeure which prevents the normal operation of the undertaking. In cases covered by sub-paragraph b. above the employer shall immediately notify the competent district labour inspectorate, indicating the circumstances of the case of force majeure, the number of women and young persons employed, the hours of work adopted and the probable duration of the night work.
Labour Code §88.2.a.b,88.3
Overtime
It is not prohibited neither for pregnant workers nor breastfeeding mothers.
Labour Code
Work on rest days
It is not prohibited neither for pregnant workers nor breastfeeding mothers.
Labour Code
Time off for medical examinations
Not provided.
Labour Code
Leave in case of sickness of the child
Not provided.
Labour Code
Dangerous or unhealthy work
General
The Secretary of State charged with responsibility for labour affairs may by decree, prescribe the types of work prohibited for women, expectant and nursing mothers, children(<15 years of age) and young persons(>15<18 years of age).
Labour Code §90
Remarks: It has been impossible to establish whether or not this decree has been enacted. Because, there is a serious absence of official web-sites of the Republic of Somalia that may provide information on legal frames.
Risk assessment
There are not provided special legal provisions to protect the safety and health neither of pregnant workers nor of breastfeeding mothers. However, there are general legal provisions provided in order to guarantee the health and safety of all workers in working places. For instance, it is stipulated "all factories, workshops and other workplaces shall be built, installed, equipped and managed in such a way that the workers are properly protected against possible risks."
Labour Code §101
» Assessment of workplace risks
There are not express legal provisions on the assessment of working places risks to protect neither pregnant workers nor breastfeeding mothers.
Labour Code
» Adaptation of conditions of work
There are not special legal provisions on adaptation of conditions of work neither for pregnant workers nor breastfeeding mothers.
General measures stipulated by the labour code are for instance: Maintain a perfect state of safety and hygiene to avoid risks of accident or damage to health; Take suitable measures to prevent contamination of workplaces from toxic gases, vapours, dust, fumes, mists and other emanations; provide sufficient and suitable toilet and washing facilities, separately for men and women workers; Take the necessary precautions in his establishment to protect the life, health and morality of the workers.
Labour Code §101
» Transfer to another post
Not provided.
Labour Code
» Paid/unpaid leave
Neither pregnant workers nor breastfeeding mothers are expressly entitled to paid/unpaid leave in case of sickness arisen out from pregnancy or confinement and/or as consequence of the impossibility to their transfer to other work.
Labour Code
» Right to return
Neither pregnant workers nor breastfeeding mothers are expressly entitled with the right to return to the same work they were performing before taking leave for sickness during pregnancy and/or after confinement.
Labour Code
Particular risks
The types of work which is prohibited for expectant and nursing mothers are to be prescribed by decree.
Labour Code § 90
Remarks: It has been impossible to establish whether or not this decree has been enacted. Because, there is a serious absence of official web-sites of the Republic of Somalia that may provide information on legal frames.
» Arduous work (manual lifting, carrying, pushing or pulling of loads)
It is neither prohibited nor regulated expressly.
Labour Code
» Work involving exposure to biological, chemical or physical agents
It is neither prohibited nor regulated expressly.
Labour Code
» Working requiring special equilibrium
It is neither prohibited nor regulated expressly.
Labour Code
» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)
It is neither prohibited nor regulated expressly.
Labour Code
NON-DISCRIMINATION AND EMPLOYMENT SECURITY
Anti-discrimination measures
There is only a legal provision found in the labour Code on this matter and it says "Every person has the right to follow any occupation he/she chooses and has the right to equality of opportunity and treatment in respect of employment and occupation without discrimination on the basis of language, race, color, sex, religion, political opinion, national extraction or social origin and has the duty to afford such equality to other persons."
Labour Code §3
Prohibition of pregnancy testing
Not prohibited.
Labour Code
Protection from discriminatory dismissal
No woman worker shall be discharged during a period of pregnancy, as duly confirmed by a medical certificate, until the end of the maternity leave or until the child is 1 year old: Provided that this rule shall not apply in the following cases: a. the cessation of the activity of the undertaking in which the woman worker is employed; b. the completion of the work for which the woman worker was engaged or the termination of the employment relationship on the expiry of the stipulated term.
Labour Code §91
Burden of proof
It is not stipulated a burden of proof in the employer’s head in case of discrimination based on gender or in case of discriminatory dismissal based on pregnancy or maternity leave.
Labour Code
Guaranteed right to return to work
A female worker is not entitled to the right to return to the same work she was performing before taking her maternity leave.
Labour Code
Results generated on: 20th April 2024 at 00:28:59.
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