Remarks: The provisions of this 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.
Other source used
Human Rights Report 2011 of Yemen, of the U.S. Department of State
Working hours is the hours in which is performed any effort exerted by the worker (intellectual or physical or both) in return for remuneration, irrespective of whether such work is permanent or temporary.
Where a worker reports for work at the specified time and is ready to start working but cannot do so for reasons attributable to the employer, he shall be considered to have effectively performed his work.
Labour Code Art.2, 72
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
Night work(er)
Work shall be considered night work if it is performed between 8 p.m. and 5 a.m. Night work shall include hours of day-time work that overlap with night hours at the end of the day for at least half an hour.
Labour Code Art.73
Young worker
"Young person": any male or female person under 15 years of age.
Labour Code Art.2
Remarks: The legislation states that the provisions for young workers do not apply for young persons working with their family under the supervision of the head of the family, provided that their work is performed in suitable health and social conditions. Art.53 LC
NORMAL HOURS LIMITS
Daily hours limit
General limit
Official working hours shall not exceed eight hours per day.
Labour Code Art.71.1
Exceptions
Official working hours during the month of Ramadhan shall not exceed six hours per day.
Official working hours in respect of certain occupations, jobs and industries where working conditions are arduous or harmful to health may be reduced by order of the Minister. Such order shall specify the said occupations and jobs and the reduced hours, after consultation with the parties concerned including the representatives of the workers and employers.
Labour Code Art.71(2)(3)
Special categories
» Young workers
It shall be forbidden to employ a young person for more than seven hours per day.
The hours a young person spends in training during his daily hours of work shall be considered as official working time.
Labour Code Art.48(1)(4)
» Pregnant workers/recent birth
Women’s working time shall be five hours a day as from their sixth month pregnancy and, if breast-feeding, until the end of the sixth month after childbirth. Such working time may be further reduced for health reasons on the basis of a certified medical report.
Labour Code Art.43
Weekly hours limit
General limit
Official working hours shall not exceed 48 hours per week.
Labour Code Art.71
Exceptions
Official working hours during the month of Ramadhan shall not exceed 36 hours per week.
Official working hours in respect of certain occupations, jobs and industries where working conditions are arduous or harmful to health may be reduced by order of the Minister. Such order shall specify the said occupations and jobs and the reduced hours, after consultation with the parties concerned including the representatives of the workers and employers.
Labour Code Art.71(2)(3)
Special categories
» Young workers
It shall be forbidden to employ a young person for more than 42 hours per week.
Labour Code Art.48.1
OVERTIME WORK
Compensation for overtime work
Overtime rate(s)
Wages for overtime work shall be calculated according to the following rates: (a) one-and-a-half hours’ basic wages per hour of overtime on normal working days; (b) two hours’ basic wages per hour of overtime at night, on the day of weekly rest, and on official holidays and leave, in addition to entitlement to standard wages for such holidays.
Labour Code Art.56(a)(b)
Compensatory rest
Any worker employed over time shall regardless of his occupation, be entitled to compensatory rest periods with pay calculated on the basis of the following rates: (a) one-and-a-half times for overtime on normal working days; (b) double time for overtime night work.
Employers shall grant workers the prescribed compensation for the day of weekly rest and official holidays and leave within a period not exceeding one month.
Labour Code Art.75(1)(2)
Special categories
Young workers
It shall be forbidden to make a young person work overtime, except in those jobs to be specified by order of the Minister.
Labour Code Art.48.3
Pregnant workers/recent birth
It shall be forbidden to assign a woman to overtime work as from the sixth month of her pregnancy and during the first six months following her return to work after maternity leave.
Labour Code Art.44
REST PERIODS
Rest breaks
General provisions
Official working hours shall be broken by one or more periods not exceeding one hour to be devoted to rest, including prayers and meals. Such period(s) of rest shall be so determined as to ensure that any continuous period of work does not exceed five hours. Such period(s)shall not be counted as working time.
Labour Code Art.71(4)
Special categories
» Young workers
Daily hours of work shall be broken by a period of rest of not less than one hour. A young person shall not work continuously for more than four hours.
Labour Code Art.48.2
Daily rest periods
Exceptions
Workers may be employed during periods of daily rest if necessary to increase production or to provide public services and in the event of a disaster or to prevent a disaster, or to maintain work-related or industrial equipment or in the public interest.
Labour Code Art.74.1
Weekly rest periods
Duration
» General
Weekly hours of work shall be distributed over six working days followed by one day of rest with full pay.
Labour Code Art.71
Day specified
» General
Friday shall be the day of weekly rest.
Labour Code Art.77
» Exceptions
Friday shall be the day of weekly rest. However, this day may be exchanged for another day of the week for all or some workers if work so requires.
Labour Code Art.77
Work on weekly rest day
» Criteria
Workers may be employed on days of weekly rest if necessary to increase production or to provide public services and in the event of a disaster or to prevent a disaster, or to maintain work-related or industrial equipment or in the public interest.
Labour Code Art.74.1
» Prohibitions and limitations
Working hours, whether normal or overtime shall not exceed 12 hours per day.
Labour Code Art.74.2
Special categories
» Young workers
Weekly hours of work shall be distributed over six working days followed by one day of rest with full pay.
It shall be prohibited to make a young person work during his weekly periods of rest.
Labour Code Art.48(1)(5)
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
No worker shall waive his annual leave in consideration of financial compensation.
Labour Code Art.79.6
Qualifying period
In order to be entitled to enjoy annual leave the worker shall have performed at least one year of service.
Labour Code Art.79
Duration
» General
Workers shall be entitled to leave of not less than 30 days with full pay for each year of effective service, to be calculated on the basis of at least two-and-a- half days for each month.
Labour Code Art.79.1
Payment
The annual leave period that each worker is entitled shall be enjoyed with full pay.
In addition, rates of entitlement to leave may, by order of the Minister, be increased for certain occupations and categories of workers.
Labour Code Art.79(1)(7)
Schedule and splitting
Employers shall grant workers the leave they are entitled to annually. However, an employer may, for reasons related to the interests of both parties, carry over half a worker’s leave entitlement to the following year.
Labour Code Art.79.4
Work during annual leave
No worker shall engage in a paid employment during any of his paid leave as provided for by the Labour Code. If it is established that a worker worked during his paid leave, his employer may claim reimbursement of the worker’s pay for the said leave, provided that this does not lead to termination of employment.
Labour Code Art.88
Special categories
» Young workers
A young person shall be entitle to 30 days of annual leave for each year of effective service to be calculated on the basis of two-and-a-half days per month of effective service.
Employers shall grant young persons their full annual leave on time.
It shall be forbidden for a young person or his guardian to waive his annual leave entitlement or any part thereof, even in consideration of compensation.
Labour Code Art.50(1)(2)(3)
PUBLIC HOLIDAYS
Workers shall be entitled to leave with full pay on all official holidays in accordance with the laws in force.
Official holidays and days off falling within a worker’s period of leave shall not be counted as part of his annual leave.
Labour Code Art.78,79(2)
Payment
Public holidays shall be enjoyed with full pay.
Labour Code Art.78
Work on Public Holidays
» Criteria
Workers may be employed on official holidays if necessary to increase production or to provide public services and in the event of a disaster or to prevent a disaster, or to maintain work-related or industrial equipment or in the public interest.
It shall be prohibited to make a young person work during the official holidays and other leaves.
Labour Code Art.48.5, 74
EMERGENCY FAMILY LEAVE
Employers may grant workers contingency leave with pay for not more than ten days a year.
An employer may, upon a worker’s request grant him leave without pay for such reasons and in such circumstances as he deems fit.
A working woman shall be entitled to leave with pay for 40 days if her husband dies. Such leave shall be counted as from the date of death. She may also be granted leave without pay for not more than 90 days to complete the period of "Idda" (a period of time during which a Moslem woman should be in mourning after the death of her husband).
Labour Code Art.85,86,87
NIGHT WORK
Limits
No worker shall be continuously assigned to night work for more than one month.
Labour Code Art.73
Compensation
A worker performing night work shall be entitled to an allowance equivalent to 15 per cent of his basic wages, in addition to his entitlement for normal working hours. A worker shall be entitled to a night work allowance or a shift work allowance if he works on either basis for a period exceeding ten consecutive or non-consecutive days in a month.
Wages for overtime work shall be calculated according to two hours’ basic wages per hour of overtime at night.
Subject to the provisions of article 56 of this Code, any worker employed over time shall regardless of his occupation, be entitled to compensatory rest periods with pay calculated on the basis of the following ratesdouble time for overtime night work.
Labour Code Art.57(1)(3),56, 75(1)
Special categories
Young workers
It shall be forbidden to make a young person work at night except in those jobs to be specified by order of the Minister.
Labour Code Art.48.3
Women
It shall be forbidden to employ women at night, except during the month of Ramadhan and in the jobs which shall be specified by order of the Minister.
Labour Code Art.46
SHIFT WORK
Criteria for shift work
A worker performing shift work, shall be entitled to an allowance equivalent to 10 per cent of his basic wages, in addition to his entitlement for normal working hours.
A worker shall be entitled to a night work allowance or a shift work allowance if he works on either basis for a period exceeding ten consecutive or nonconsecutive days in a month. It shall be forbidden to combine a night work allowance with a shift work allowance.
Labour Code Art.57(2)(3)
CASUAL WORK
General provisions
Casual work is any job which is not part of the activity of an employer and whose completion does not require more than four months.
Labour Code Art.2
SHORT-TIME WORK/WORK-SHARING
General provisions
Seasonal work is any work which, by virtue of its nature or circumstances is carried out at fixed seasons of the year and whose duration does not exceed six consecutive months.
Labour Code Art.2
INFORMATION & CONSULTATION
Information
Employers shall post at the worker’s main entrance to the workplace and in a visible place inside the workplace a table showing weekly closing times, working hours and periods of rest and leave.
An employer who employs women shall post in a visible place at the workplace the regulations governing the employment of women. Employers employing young persons shall post in a visible place the regulations governing the employment of young persons.
In enterprises employing 15 or more workers, the employer shall lay down regulations governing disciplinary penalties and procedures for imposing or applying them and post the said regulations in a visible place in the enterprise. The enforcement of such regulations and any subsequent amendments thereto shall be subject to approval by the trade union committee or worker’s representative and clearance by the Ministry or one of its offices within one month of the date of their submission. Should this period elapse without the Ministry or its office giving its approval or stating any objection in writing, the regulations shall enter into force.
Labour Code Art.47,51(c),91, 76
Results generated on: 20th April 2024 at 07:40:16.
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