Law33 - AskHR

OVERVIEW of LABOUR LAW 33 of 2021

The new Labour Law is coming in February 2022 which will regulate labour relations in the private sector.

The most significant changes include::

Flexible contracts, including full-time, part-time, temporary or flexible work
Prohibition of discrimination, harassment and abuse
The law forbids sexual harassment, bullying or any form of verbal, physical or psychological violence against a worker by the employer, his/her superiors at work or colleagues.
It prohibits all forms of discriminations based on race, colour, sex, religion, national or social origin or disability that would scale down the possibilities of equal opportunity, prejudice equal access to or continuation of employment and enjoyment of rights.
Equal pay between genders
Prohibition of official documents retention (including passports)
Non-compete clause limited in place, time (maximum two years) and type of work
Maternity leave of 60 days maternity including 45 full-pay and 15 half-pay
Bereavement leave of five days for the death of a spouse and three days for the death of a parent, child, sibling, grandchild or grandparent
Academic leave of 10 working days
Fixed-term employment contracts with a three-year maximum term (renewable)
14 days written termination notice by employer during probation period (30 days if terminated by the employee)
One day per week unpaid leave during notice period for job hunt
No severance pay reduction in case of termination by the employee
Some minor amendments to the end of service / severance terms and conditions

These are some significant changes, so contact us if you need help in updating your policies and procedures. We are here to help.

Employment Contracts

Flexible contracts including Full/Part time, Temporary or Flexible work are being introduced and existing Unlimited contracts are being replaced by Limited Contracts.

The employment contract must be for a defined time-period; however, this time-period is not capped.
It has given freedom to both the parties, an employer and an employee, to agree on the period they deem appropriate in accordance with the nature of the work and the interests of the parties. There is no regulated maximum fixed term anymore under law for such employment contracts.
If the contract expires and the parties have not agreed extension, the extension is implied.
Renewable for a similar or shorter period upon the agreement of both parties.

Non-compete clauses can be put in place with a maximum validity period of 2 years and restricted by type of work.

Discrimination

Sexual harassment, bullying or any form of verbal, physical or psychological violence against a worker by the employer, his/her superiors at work or colleagues is forbidden as are all forms of discriminations based on race, colour, sex, religion, national or social origin or disability that would scale down the possibilities of equal opportunity, prejudice equal access to or continuation of employment and enjoyment of rights.

Leave

Maternity leave of 60 days maternity including 45 full-pay and 15 half-pay

Bereavement leave of five days for the death of a spouse and three days for the death of a parent, child, sibling, grandchild or grandparent

Academic leave of 10 working days

One day per week unpaid leave during notice period for job hunt

Termination

14 days written termination notice by employer during probation period (30 days if terminated by the employee)

No severance pay deduction in case of termination by the employee and some minor amendments to the end of service / severance terms and conditions.

Pay

Changes include equal pay between genders, no severance pay deduction in case of termination by the employee and some minor amendments to the end of service / severance terms and conditions.

Official Documents

Withholding official documents (including Passports) is prohibited

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