In Somalia, the termination of employment is regulated by specific laws. It's important to note that these labor laws are subject to updates, so it's always recommended to seek the most recent information from the relevant authorities in Somalia.

Lawful Grounds for Dismissal

An employer in Somalia can lawfully terminate an employment contract for several reasons. These include:

• Employee Conduct: This includes repeated absence from work without permission or a valid excuse, serious misconduct such as insubordination, theft, or violence in the workplace, and willful failure to observe safety or health rules.
• Economic or Operational Reasons: This includes redundancies due to restructuring or the company facing financial difficulties.
• Mutual Agreement: This applies when the employer and employee mutually agree to end the employment relationship.

Notice Requirements

The notice period required in Somalia varies depending on the type of worker:

• Manual Workers: A minimum of 10 days' written notice is required.
• Non-Manual Workers: A minimum of 30 days' written notice is required.
• Contracts Under One Month: No notice period is necessary.

Severance Pay

Upon termination of employment, Somalia has provisions for severance pay. The amount is calculated as follows:

• 15 days' pay for every completed year of service.

For example, an employee terminated after 6 years of service would be entitled to severance pay equivalent to 90 days' wages (15 days/year * 6 years).

In Somalia, the creation of robust anti-discrimination laws and enforcement mechanisms presents a significant challenge. The existing laws, their issues, and gaps are discussed below.

Protected Characteristics

The Provisional Constitution of Somalia provides some protection against discrimination. The key provisions include:

• Article 11: This article states that all citizens, regardless of race, sex, tribe, birth, residence, region of origin, language, opinion, or political belief, have equal rights and should not be discriminated against by the State.

Redress Mechanisms

Legal redress for discrimination in Somalia is a complex process due to several barriers:

• Weak Judicial System: The judicial system is plagued by capacity issues, corruption allegations, and limited reach outside major urban areas.
• Customary Law: In many regions, traditional "xeer" law takes precedence over formal legislation, which can perpetuate discriminatory practices.
• Limited Awareness: A significant portion of the population lacks awareness of their legal rights and how to pursue formal action against discrimination.

Employer Responsibilities

Although there are no specific anti-discrimination laws that detail the workplace, Somali employers have some obligations under the Constitution and Labor Code:

• Article 24 (1) The Provisional Constitution: This article emphasizes gender equality in the workplace and protection from sexual abuse, segregation, and discrimination.
• Labor Code: This code may contain some general provisions on non-discrimination, but enforcement is inconsistent.

Key Gaps and Challenges

For a more comprehensive approach to anti-discrimination, Somalia needs to address several key concerns:

• Narrow Protected Characteristics: The Constitution does not provide protection for characteristics such as disability, sexual orientation, gender identity, age, and religion.
• Lack of Workplace Legislation: Clear laws are needed to address discrimination in recruitment, hiring, pay, and promotion.
• Enforcement: Strong enforcement mechanisms, capacity building, and accountability at all government levels are crucial.
• Changing Social Practices: Addressing deeply embedded discriminatory customs and raising awareness of rights require long-term efforts.

Somalia faces significant challenges in establishing and enforcing national standards for working conditions due to the ongoing reconstruction of the country's legal and governmental structures. This makes it difficult to implement and monitor labor regulations.

Work Hours and Rest Periods

There are currently no national labor policies in place regarding work hours and mandated rest periods. Legacy policies from the previous regime might be used in some cases, but their enforceability is uncertain. Due to the lack of regulations, long working hours are prevalent across many sectors.

Ergonomic Requirements

There are no established ergonomic requirements to ensure a safe and healthy work environment for employees. This lack of regulations exposes workers to hazardous working conditions, with potential for injuries and long-term health problems.

The Path Forward

The International Labour Organization (ILO) is collaborating with the Somali government to develop a framework for decent work, which includes establishing national labor standards. However, enforcing these standards and ensuring a well-functioning labor inspection system will require continued efforts from the government and civil society organizations.

Somalia is experiencing positive changes in its approach to occupational safety and health (OSH). Although comprehensive regulations are still in the process of being established, there are key guidelines and a commitment to improvement.

Employer Obligations

The main legal reference for OSH in Somalia is the Private Sector Employees Law (Act No. 31 of 2004). This act outlines several obligations for employers:

• Duty to Ensure Health and Safety: Employers are required to take all reasonable steps to ensure the safety, health, and welfare of their employees at work.
• Risk Management: Employers have a responsibility to identify and assess potential workplace hazards and implement preventative measures to minimize risks.
• Provision of PPE: When necessary, employers must provide personal protective equipment (PPE) to employees and ensure proper training on its use.
• First-Aid and Welfare Facilities: Employers are required to provide adequate first-aid facilities and ensure a healthy working environment.
• Training and Awareness: Employers should provide training programs to raise awareness of safety procedures and best practices among employees.

Employee Rights

Somali employees also have rights under the Private Sector Employees Law:

• Right to a Safe Workplace: Employees have the right to work in a safe environment free from unnecessary risks to their health.
• Refusal of Unsafe Work: Employees can refuse work they believe to be unsafe or unhealthy, provided they have reasonable justification.
• Access to Information and Training: Employees have the right to access information and training on workplace hazards and safety procedures.

Enforcement Agencies

The Ministry of Labour and Social Affairs (MoLSA) plays a central role in enforcing OSH regulations in Somalia. Established in 2020, the MoLSA's Department of Occupational Safety and Health (DOSH) is responsible for:

• Developing and Implementing Regulations: The DOSH works to establish and enforce clear OSH regulations to safeguard worker well-being.
• Workplace Inspections: The DOSH conducts inspections to ensure workplaces comply with safety standards.
• Collaboration: The MoLSA collaborates with trade unions and employer organizations to promote a strong safety culture in Somalia.