Employer in Somalia

The employer role in Somalia covers recruitment, employment records, working conditions, occupational safety, worker representation, disputes and organisational change. The national Labour Code provides the main framework, while the Federal Ministry of Labour and Social Affairs (MoLSA), Federal Member State labour ministries, labour inspectors, the Federal Labour Commission and the Labour Court perform different functions. Implementation and inspection capacity still vary between Federal Member States. A business or workplace must be registered with the responsible labour authority. The written notice to the Director of Labour identifies the owner, address, type of work, manager, chemicals, mechanical power and lifts. The registration fee ranges from US$5 to US$25, and an appeal can usually be filed within 14 days. A MoLSA circular introduced employer and worker registration from 15 February 2025. The National Employment Service Centre (NESC) provides free vacancy posting, candidate screening, matching, career fairs, work trials, internships, apprenticeships and recruitment guidance. An employment contract may be oral or written, but the employer carries the burden of proving the agreed terms when the contract is oral. An employment officer can review compliance and allow up to 30 working days for corrections. A company hiring a foreign employee must obtain a work permit from MoLSA before the person starts. The application normally includes a passport, photograph, entry visa, CV, qualification evidence, medical report and payment. The listed fees are US$320 for three months, US$490 for six months and US$780 for twelve months, with an in-person process. The employer pays agreed wages on time, maintains a safe and healthy workplace, provides a free service certificate on request and handles justified complaints. Deductions must have a lawful basis. The employer must not demand cash or gifts for hiring or withhold wages contrary to law. Records cover employees with oral contracts, children, harassment policies, contracts and collective agreements, deductions, warnings, termination notices, dismissals, maternity and sick leave, and housing or food arrangements. Normal working time is up to 8 hours per day and 48 hours per week. Overtime is limited to 12 hours per week and carries a premium of at least 50%. Intermittent work can reach 10 hours per day and 60 hours per week. Employees receive 30 working days of annual leave with full pay. The current minimum-wage amount is not evidenced in the available research. When work requires employees to stay away from home, the employer provides accommodation, food or subsistence and transport. A responsible person must manage workplace safety, instructions, maintained machinery and tools, protective equipment, fire equipment and training, and safe work systems. The workplace needs drinking water, first-aid arrangements and prescribed medical examinations at the employer’s cost. A safety and health committee is required when at least 20 workers are employed, and a safety adviser conducts an annual audit. Workplace accidents and occupational diseases must be reported within 7 working days. Safety records must be retained for at least 6 years, and the employer must maintain an insurance policy. A worker may submit a written hazard notice, and retaliation for doing so is prohibited. MoLSA’s Occupational Safety and Health Department provides inspection, advice, training and incident investigation with the Somali Chamber of Commerce and Industry and the Federation of Somali Trade Unions. Employers may form or join an employers’ organisation or federation. Registration of an employers’ organisation requires a constitution, an office and postal address in Somalia, sector membership and a founding meeting with at least four members. Registered trade unions may bargain collectively. A collective agreement must be written, signed by employer and union representatives and registered with the Labour Court before it becomes enforceable. Retaliation or discrimination because of union activity is prohibited. An individual complaint about summary or unfair termination can be submitted to a labour officer within 3 months, while the Labour Court option remains available. General labour disputes normally begin with mediation by a District Labour Inspector for up to 14 working days, followed by Regional Inspector mediation for up to another 14 working days if necessary, and then the competent court if unresolved. A collective agreement may provide independent conciliation or arbitration, and a review request can generally be made within 30 working days. Remedies can include damages, reinstatement or re-engagement. Dismissal linked to hazards, union activity, leave, pregnancy or disability is prohibited. Redundancy requires notice to a union where applicable and notice to the labour officer at least 1 month before termination. Temporary cessation of work requires written notice to employees and the authority at least 7 days in advance. A workplace transfer may amend an existing work agreement, while safeguards relating to transfer, insolvency and termination remain employer responsibilities. Formal access is available through MoLSA, the Director of Labour and inspectors, but enforcement is uneven. Informal household and micro employers remain dominant, so practical compliance support differs across Somalia.