SECTION I
Individual Employment Contract
Article
35
Subject to the provisions of Article 2, an employment
contractshall
be written in duplicate, with one copy to bedelivered
to the worker and the other to the employer. In the absence of
written contract, adequate proof of its terms maybe
established by all admissible means of evidence.
Article 36
An employment contract shall particularly
specify the date of its conclusion, the date on which work is
to begin, the type and place of the work, the duration of
thecontract,
(if definite) and the amount of thewage.
Article 37
A worker may be employed on probation for a period notexceeding
six months, during which the employer without notice or severance
pay may terminate his services.A worker shall not be placed
on probation more than once with the same employer. Where a worker
successfully completes the period of probation
andcontinues
in employment, the said period shall be calculated as part of his
period of service.
Article 38
An employment contract may be for a definite or indefinite
term. A
definite term contract shall notexceed
four years; however, it may be renewed by mutualagreement
for an equal or a shorter term(s).Where a contract is renewed, the
renewal shall be deemed as an extension of the original term
andshall
be added thereto when calculating the worker's totalperiod
of service.
Article 39
An employment contract shall, from its inception, be considered as
an indefinite term contractif
and only if it:
1-1- Is
not written.
2-2- Is
concluded for an unspecified period.
3-3- Was originally written and
concluded for a definite term but both parties, without a written
agreement between them, continued to perform it
after its expiry;
or
4-4- Was
originally concluded for the execution of a specific work that had no specific
duration or that is recurrent by nature, but
the contract continued after completion of that specific
work.
Article 40
Where the parties to the contract continue - after expiry of its
initialterm
or completion of the work agreed upon -
to perform the contract without explicit agreement,
theoriginal
contract shall be deemed to have beenextended on the same
conditions except for the term.
Article 41
Where an employer subcontracts any ofthe
principal operations or any part thereof to a third party, the
latter shall be solely liable for all entitlements of employees
engaged in such subcontracted work
in accordance with the provisions of this Law.
SECTION II
Apprenticeship &Vocational Training
Contracts
Article 42
An apprenticeship contract is one whereby a firmowner
undertakes to provide fullvocational
training consistent with the professional standards to
another person who has completed at least 12 years of age, who, in
turn, undertakes to work for the employer during the training
period subject tosuch
terms and for such period as mutually agreed.
Theapprenticeshipcontract
shall be in writing; otherwise it shall benull
and void. The employer or the training providershall
be sufficiently qualified and experienced in the relevant vocation
ortrade.
In addition, the firm shall satisfy the technical requirements and facilities necessary for
providing such training.
Article 43
Anapprenticewho
has reached the age of maturity may conclude thetraining contract himself.
Those under the age of 18 years may not conclude a training contract
directlywith
an employer, but shall be represented by their naturalguardians,
legal trustees, or personal ad litem.
Article 44
1- Anapprenticeshipcontract shall be
made in at least three copies, one of which shall be deposited with the competent labour
department for registration and endorsement. Each
partyshall
keep an endorsed copy.
2- If
anapprenticeship contract submitted for registration contains any clause
contrary to this Law or the executive regulations
thereof,
the competent labour departmentmay
require the contracting parties to delete suchclause.
3- where the competent labour department does not
make any comment or objection within one
monthfrom the date on which
anapprenticeshipcontract is
deposited with it, the contract shall constructively be deemed
tohave
been endorsed with effect from the date of its deposit.
Article 45
Anapprenticeshipcontract
shall contain details of the identityof
the contracting parties or their representatives, as the
casemay
be, and of the procedures, duration, phases, and subject of the
training.
Article 46
An employer shall allow a trainee sufficient time to
acquiretheoretical
knowledge and shall, throughout the period fixedin
the contract, train him on the principles of the
occupationand
the skills for which he was recruited. The Employer
shallissue
the trainee a certificate on completion of each phase
oftraining
in accordance with the provisions ofthis
Section, and also a final certificate on completion of
thetraining
period. Such certificate shall be attestableby
the competent labour department in accordance with the rules and
procedures to be specified in a resolution by the Minister
ofLabour
and Social Affairs.
Article47
A worker may undertake in theapprenticeshipcontract
that, upon completion of his training, he will work for the
employer, or inthe
establishment where he has been trained, for a period not
toexceed
twice the period of training. The employer mayundertake in the contract to
employ the trainee upon completion of the latter's period of
training.
Article 48
Anapprenticeshipcontract
shall specify the wage payableduring
each phase. The wage payable in the finalphase shall not be less than
the minimum prescribed for an identical work and shall in no circumstancesbe
fixed on a piecemeal or output basis.
Article49
An apprentice who is under 18 years of age shall, before
histraining
starts, undergo a medical test to determine his ability to carry
out the work involved in theprofession
for which training is sought. If such profession calls for specific
physical and health requirements, the medicalreport
shall state whether the training candidate meets suchrequirements,
both physical and psychological.
Article 50
The Minister of Labour and Social Affairs may issue resolutions to
regulatetraining
for those professions and tradesrequiring
training, and prescribe the period of such training, the
theoretical and practicalprogrammes,
the testing conditions and the certificates to be issued on
completion of the trainingperiod.
The Minister's resolutions in this respect shall be made
after consulting the public institutions concerned. The
Ministermay
in all cases appoint one or more experts in the
professionor
trade for which the training is to be regulated, to advise him
on
this matter.
Article
51
The Minister of Labour and Social Affairs may issue resolutions
for the establishment of vocational training centers,
whether independent or in association with professional or
non-profit national, foreign orinternational
organizations. The resolution establishing a center shall specify the profession for
which training is to be provided, the conditions for admission
to thecenter,
the programmes of theoretical and practical study, the rules governing
vocational examination and certification, and any other provisions for theoptimum
operation of the centre.
Article 52
The Minister of Labour and Social Affairs may require such firms,
companies, and owners of industrial, professional and craft units
as he may specify, to accept for employment a specified number or
percentage of National trainees, subject to such terms and
conditions, and for such periods, as he may specify.
The Minister may also require such firms, companies, and owners of
industrial, professional and craft units as he may specify, to
accept for the purpose of training and completion of practical
experience a specified number or percentage of the students of
industrial and polytechnic institutes and centres, subject to such
terms and conditions, and for such periods, as may be agreed with
the management of the firms concerned.
SECTION III Records and
Files
Article 53Every
employer of five or more workers shall-
(a)
Keep a special file for each worker, showing his name, job or
occupation, age, nationality, place of residence, marital status,
date of employment, wage and any adjustments thereto, penalties
imposed on him, occupational injuries and diseases he sustains and
the date of and reasons for termination of his
service.
(b) Create a leave card for each worker, to be kept in the
employee's file. It shall be divided into three parts: the first
for annual leaves, the second for sick leaves and the third for
other leaves. The employer, or his representative, shall record on
this card all leaves taken by the worker, for future reference when
any leave is requested.
Article
54
Each employer of 15 or more workers shall maintainthe
following records and documents in each one of his work
placesor
branches:
1-1-
A
wage register, listing the workers’ names by
thedate of employment, together
with the amount of each worker’s daily, weekly or monthly pay,
fringe benefits, piecemeal or commission pay,days of work and the date of termination.
2-2-
An
occupational injuries register, where all work-related
injuriesand
occupational diseases sustained by the workers shall be entered as soon as
the
employee knows them.
3-3- Basic work rules,
which shall particularly specifythe
timings of daily work and weekly rest, official
holidays and the necessary measures and precautions to be
taken to prevent work-related injuries and fire hazards.
Such rules shall be conspicuously displayed at the
workplace,
and neither they nor any amendments thereof shall become effective
unless endorsed by
the Labour
Department within 30 days of submission to it;
and
4-4- Disciplinary rules, whichshall
be conspicuously displayed at the workplace,
and shall show the disciplinary actions imposable upon defaulting
workers, and the conditions and circumstances of such imposition.
Neither these rules nor any amendments thereof shall become
effective unless endorsed by
the Labour
Department within 30 days of submission to it.
SECTION IV WAGES
Article 55
Wages shall be paid in legal tender on a working day, at
theplace
of work, in the official national currency.
Article 56
Workers employed on yearly or monthly wage basis shallbe
paid at least once a month; all other workersshall
be paid at least once every two weeks.
Article 57
The daily wage of workers employed on piecemeal basisshall
be calculated as an equivalent to the average wagereceived
for actual days of work during thesix
months preceding the termination of his service.
Article
58
Evidence of payment to workers of their due wages,
irrespective of their amount or nature, shall not be admissible
unless it is in the form of documentary proof, admission or
oath.. Any
agreement tothe
contrary shall be null and void, albeit made prior to
the date
this Law comes into force.
Article 59
Workers shall not be required to purchase food or othercommodities
at any particular shop, or ofemployer’s
produce.
Article 60
No amount of money may be deducted from a
worker's wage in respect of private claims, except in the
following cases:
(a)(a) Repayment
of loans or money advances paid to theworker
in excess of his entitlements, provided that theamount
deducted in this case shall not exceed 10 per centof
his wage.
(b)(b) Contributions that the
workers are required by law to make from their wages, towards social security
andinsurance
schemes.
(c)(c) The
worker’s contributions to a provident fund or repaymentof
loans due thereto.
(d)(d) Contributions towards any welfare scheme or in respect of
any other privileges or services provided by the
employerand approved by the labour
department.
(e) (e) Fines
imposed upon the worker for any offence hecommits.
(f) (f)
Any debt exacted in execution of a court ruling, provided, however,
that thededuction made in execution thereof should not exceed
one-quarter of the wage due to the worker. Where there are several debts
or creditors,
the maximum deduction shall be half the worker’s
wage, which shall be divided pro rata among the creditors, after payment of any legal alimony to
the extent of
one-quarter of the worker’s wage.
Article61
Where a worker, either through his own fault or as a result of
violatingthe
employer's instructions, causes a loss, damage or destruction to
any tools, machines, products or materials that are owned by or in
the custody of the employer, the employer maydeduct
from the worker's wage such amount as may be necessary for repair or restoration,providedthat the amount so
deducted shall notexceed five days’ wage for each month. However, the
employer, through the concerned labour department, may request the competent court for permission to deduct a higher amount if the worker has
money or any other source ofincome.
Article
62
An employer may not transfer a monthly-paid
worker, without his written consent, to the daily,
weekly, hourly or piecemealpaidcategory.
Article 63
The minimum wage and the cost-of-living index payable to workers in general or in a
particular area or occupation shall be fixed by a federal
decree based on a proposal to be made by the Minister of Labour
andSocial
Affairs and approved by the Council of Ministers.
The Minister shall put forward his proposal fordetermining,
or reviewing, the minimum wage,after
consulting the competent authorities and the labour organisations
of workers and employers, if any, and after having reference to
studies and tables of fluctuations in the cost of living
indicesdrawn
up by the competent authorities in the State, to ensure that
the said minima are sufficient to meet the worker’s basic needs and
guarantee his livelihood.
Article 64
The minimum wage rates and any amendmentsthereto shall take effect
from the date the decree announcing them is published in the official
Gazette.