Date of publication:
04/22/2025
Somalia
Do domestic laws and policies provide the right of recourse to effective administrative or judicial remedies for forcibly displaced and stateless persons that are denied just and favorable conditions at work?
Assessment by population
Analysis
In both the Federal Government of Somalia and the Somaliland administration, national labor laws provide mechanisms through which individuals, including refugees and asylum seekers with lawful employment, can seek redress for violations of their labor rights and denial of just and favorable working conditions. Somalia’s Labor Code of 1972 establishes procedures for addressing individual labor disputes, including the role of district labor inspectors who are authorized to mediate and resolve conflicts between workers and employers within prescribed timelines. Similarly, Somaliland’s labor regulations empower labor offices to investigate complaints and facilitate dispute resolution in accordance with national labor standards.
These legal frameworks, which align with international labor norms, ensure that workers have the right to challenge unfair treatment and seek remedies such as reinstatement, compensation, or corrective action. Although the laws do not explicitly reference refugees and asylum seekers, individuals lawfully engaged in employment are entitled to the same protections and redress procedures as nationals. In practice, labor authorities may cooperate with humanitarian partners and legal aid providers to facilitate access to remedies for displaced persons.
While enforcement challenges remain, particularly in areas with limited institutional capacity or informal labor markets, the existence of these legal provisions reflects a foundational commitment to safeguarding workers' rights. Ongoing efforts to strengthen labor institutions and broaden the application of labor protections to all workers—regardless of legal status—are essential to ensuring meaningful access to justice for refugees, asylum seekers, and other vulnerable groups in both Somalia and Somaliland.
Related provisions of domestic law or policy
Labor Code of Somalia
- Year: 1972
- Type: Domestic law
- Rights Category: Work & Workplace rights
- Link to external source: https://nbs.gov.so/wp-content/uploads/2024/02/Labor-Management-Procedures-LMP.pdf
Legal provision
Article 134: Settlement of Individual Labor Disputes
Any individual labor dispute may be submitted by any of the parties to the competent district labor inspector for conciliation, where such labor inspector is available. The inspector is mandated to attempt to settle the dispute within 14 days of its submission.
Article 137: Collective Labor Disputes
A collective labor dispute arising at the district, firm, or factory level shall be submitted to the competent district labor inspector for conciliation, who shall attempt to settle the dispute within 14 days of its submission.