Labor law in Somalia

The Somali Labour Code applies nationally to employers and employees, including public employment where no special law governs. It does not generally cover the national forces, police, corrections or security services outside the civilian system. Law No. 36/2024 is also known locally as Sharciga Shaqada Soomaaliyeed, Xeerka Shaqada or the Labour Code. Somalia’s labor-law administration includes the Ministry of Labour and Social Affairs, the Federal Labour Commission, the Federal Labour Commissioner, the Director of Labour, occupational-safety officials, labor registrars, district and regional labor inspectors, the Federal Alternative Dispute Resolution Commission and the Labour Court or another competent court. Federal member states may have their own labor ministries and procedures. Somaliland uses the Labour (Amendments & Additions) Law No. 31/2020 through the Ministry of Employment, Social Affairs and Family and its Labour Directorate. Puntland has a private-sector law and a separate civil-servants regime administered through its own labor authorities. The federal code should not be applied automatically in Somaliland or Puntland without checking the local rules and responsible authority. An employment contract may be oral or written, but an employer carries the burden of proving the agreed conditions when the contract is oral. A written contract should state the parties’ identities and addresses, the job, start date, duration, working hours and place, pay and payment intervals, leave, sickness, pension, notice period, suspension and termination rules, and disciplinary procedures. Contract changes should be communicated in writing. An apprenticeship contract must be written, and the employer bears the training fee; registration or stamp fees are not required for that contract. Employers must pay the agreed remuneration, avoid unlawful deductions and recruitment charges, consider complaints and provide occupational safety protections. Employees must work carefully, follow lawful instructions and protect the employer’s property. Somali law recognizes adequate and decent pay, equal pay and payment in legal currency. Daily-paid workers should receive payment no less frequently than every 14 days, while other pay periods should not exceed one month. A receipt or fingerprint record may document payment. No verified current national minimum-wage amount is available; the statutory mechanism links a future amount to recommendations from the relevant labor commission and ministerial action. Normal working time is limited to 8 hours per day or 48 hours per week. Overtime is limited to 12 hours per week and carries a supplement of at least 50 percent. Intermittent work and caretaker work may reach 10 hours per day or 60 hours per week under the specific rule. Workers generally receive at least 24 hours of weekly rest, normally on Friday. Work on a public holiday attracts an additional 50 percent of the basic hourly wage. Night work runs from 22:00 to 06:00. Recognized public holidays include Labour Day on 1 May, Union Day on 1 July, Independence Day on 26 June and Eid holidays. After one year of service, annual leave is 30 fully paid working days per year, with a proportional payment when employment ends. After the probation period, statutory sickness payment is 100 percent for 3 to 7 working days, 75 percent for 8 to 14 days and 50 percent up to 30 days; longer periods depend on the contract. Marriage leave is generally 3 to 7 working days, and Hajj or Umrah leave is also recognized. Maternity leave is 14 weeks, but the text contains a conflict about the required payment period, so implementation should be checked with the competent authority. Fathers receive two fully paid weeks, and a breastfeeding mother may receive two one-hour breaks per day until the child is one year old. The Code prohibits forced or compulsory labor and discrimination based on characteristics including race, color, gender, language, religion, opinion, nationality, ethnic or social origin, disability, pregnancy, mental status, age or HIV status. Discrimination is criminalized, and statutory rights cannot normally be waived; a more favorable contractual or collective rule may apply. Lawfully resident migrant workers receive equal treatment, while illegal recruitment is prohibited. Employers must assess and control workplace risks, maintain workplace records, inspect machinery, provide training, supply water and toilets, report accidents and occupational disease, and maintain employer insurance. A workplace with more than 10 employees must have a first-aid kit and a trained first-aid person. A workplace with more than 100 employees must provide a dispensary or medical staff. The law provides compensation for workplace accidents, including serious permanent disablement from 40 percent disability. Employers must maintain a sexual-harassment policy, investigate complaints promptly and independently, and refer matters for legal action where appropriate. Child work is restricted by age and risk. Light work may be permitted from ages 13 to 15 when it protects the child and does not interfere with schooling. Hazardous or high-risk work requires an age of at least 17. Other work from age 16 must protect health, safety, morals and training. Employers must keep a child register and arrange a medical examination before employment and annually until age 18. Workers may form, join or leave a trade union, and employers may not discriminate against union members or interfere with union activity. Unions register with the Labour Registrar and may bargain at national, regional, district, local or company level. A collective agreement becomes part of the relevant employment contracts. Strikes are legally recognized when the required negotiation or alternative-dispute steps have been attempted and a secret-ballot majority supports the action. Public-service bargaining may follow separate rules. Notice for casual employment is at least 10 days in writing, while non-casual employment generally requires at least 30 days. A contract lasting no more than one month requires no notice, and pay in lieu may replace notice. Probation may last up to three months and may be extended once by up to three additional months by agreement; termination during probation generally requires seven working days’ notice. Redundancy requires prior notice to the union or employees and the Labour Officer at least one month in advance, payment for unused leave, one month’s notice or pay, and severance of at least 15 days for each completed year. Misconduct dismissal requires a hearing, an opportunity to defend oneself and union representation where applicable, with the employer carrying the burden of proof. An unfair-termination complaint generally requires at least 13 months of continuous service and must be filed within three months. Pregnancy, protected leave and union activity cannot lawfully justify dismissal. Remedies may include damages, reinstatement or re-engagement. A termination or unfair-dismissal complaint may be filed with a Labour Officer within three months, and the matter may proceed from a recommendation to a Labour Court order. Direct court access is also expressly possible. An inspection complaint can move from a district inspector to a regional inspector within 14 working days and then to the competent court within another 14 working days. Collective disputes normally proceed from the parties or union to a regional inspector and then to court. Disputes involving collective associations may go to the Federal Alternative Dispute Resolution Commission for conciliation before the Labour Court; an arbitration review may be requested within 30 working days. Formal contracts, payment records, workplace registers, inspection reports and union records are especially valuable because more than half of employment was reported as informal in a 2025 official submission, and enforcement capacity differs sharply between regions.