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© 2007 Copyright – American Bar Association Africa Rule of Law Initiative Introduction to Introduction to Liberian Labour Law Liberian Labour Law Anthony Valcke Anthony Valcke Country Director Country Director American Bar Association - Africa Rule of Law American Bar Association - Africa Rule of Law Initiative Initiative

Sumary Of Liberian Labour Law

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Page 1: Sumary Of Liberian Labour Law

© 2007 Copyright – American Bar Association Africa Rule of Law Initiative

Introduction to Liberian Introduction to Liberian Labour LawLabour Law

Anthony ValckeAnthony ValckeCountry DirectorCountry Director

American Bar Association - Africa Rule of Law InitiativeAmerican Bar Association - Africa Rule of Law Initiative

Page 2: Sumary Of Liberian Labour Law

© 2007 Copyright – American Bar Association Africa Rule of Law Initiative

OverviewOverview

Compulsory employment conditionsCompulsory employment conditionsConditions not covered by lawConditions not covered by lawEmploying foreign workersEmploying foreign workersDisciplinary measuresDisciplinary measuresDrafting employment contractsDrafting employment contractsLabour dispute proceduresLabour dispute procedures

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© 2007 Copyright – American Bar Association Africa Rule of Law Initiative

1. Compulsory employment 1. Compulsory employment conditionsconditions

Equal treatmentEqual treatmentWagesWagesProbationProbationWorking hoursWorking hoursOvertimeOvertimeHolidayHolidayOther leaveOther leaveSick leave and medical treatmentSick leave and medical treatmentBenefitsBenefitsSocial security and tax issuesSocial security and tax issues

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A. Equal TreatmentA. Equal Treatment

Article 18 of the Constitution: Article 18 of the Constitution: • Liberian citizens entitled to “equal opportunity Liberian citizens entitled to “equal opportunity

for work regardless of sex, creed, religion, for work regardless of sex, creed, religion, ethnic background, place of origin or political ethnic background, place of origin or political affiliations”affiliations”

Abusive languageAbusive language• §72:§72: racist remarks prohibited racist remarks prohibited

$1000.00 fine may be imposed by $1000.00 fine may be imposed by Labor CourtLabor Court deportation if offender is aliendeportation if offender is alien

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B. WagesB. Wages

Article 18 of the Constitution: Article 18 of the Constitution: • All entitled to equal pay for equal workAll entitled to equal pay for equal work

Liberianization policyLiberianization policy• §75: “no alien employee shall be employed at a rate §75: “no alien employee shall be employed at a rate

different from that paid to Liberian citizens in similar different from that paid to Liberian citizens in similar positions who have equal competence or length of positions who have equal competence or length of service”service”

• §1507.2: “equal treatment in respect of wages and §1507.2: “equal treatment in respect of wages and conditions of employment” between “alien” and conditions of employment” between “alien” and Liberian employees “having due regard to efficiency Liberian employees “having due regard to efficiency and length of service” and length of service”

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WagesWages

Payment of wagesPayment of wages• at least monthly at least monthly §1511.6§1511.6• in legal tender (i.e. money) in legal tender (i.e. money) §1511.2§1511.2• directly to employee or his family §1511.3directly to employee or his family §1511.3• not with alcohol not with alcohol §1511.1.(2)§1511.1.(2)• cannot oblige employee to spend wages cannot oblige employee to spend wages

No deduction allowed except as allowed No deduction allowed except as allowed by law by law §1511.7§1511.7

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C. ProbationC. Probation

§1500-A. Probation period:§1500-A. Probation period:• not less than 1 monthnot less than 1 month• not more than 3 monthnot more than 3 month

Best practice:Best practice:• hold performance evaluation half way through hold performance evaluation half way through

probation periodprobation period• evaluation should be made in writing and evaluation should be made in writing and

employee asked to signemployee asked to sign

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D. Working HoursD. Working Hours

§50: §50: working day is 8 hoursworking day is 8 hours§701.1: maximum hours of work§701.1: maximum hours of work

• 8 hours per day8 hours per day• 48 hours per week48 hours per week

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Working hoursWorking hours

§701.2: “flexi-time”?§701.2: “flexi-time”?• employee who works less than 8 hours on any employee who works less than 8 hours on any

day of the week may be required to work day of the week may be required to work overtime on other days of the weekovertime on other days of the week max. 9 hours per daymax. 9 hours per day max. 48 hours per weekmax. 48 hours per week no overtime pay specifiedno overtime pay specified

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Working hoursWorking hours

§704: §704: Daily restDaily rest• employees working 5+ hours a dayemployees working 5+ hours a day

30 mins. break included in 8 hours30 mins. break included in 8 hours periods exceeding 30 mins. not included in 8 hoursperiods exceeding 30 mins. not included in 8 hours

§801: Weekly rest§801: Weekly rest• all employeesall employees

weekly rest period of no less than 24 hours per weekweekly rest period of no less than 24 hours per week

§705, 804: Notices at work§705, 804: Notices at work• employer should post:employer should post:

““notice showing hours at which work begins and ends and daily rest notice showing hours at which work begins and ends and daily rest periods” and periods” and

““weekly rest program or schedule”weekly rest program or schedule”

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E. OvertimeE. Overtime

§703: §703: Overtime payOvertime pay• overtime “shall be paid at a rate not less than overtime “shall be paid at a rate not less than

fifty percent above the normal rate” fifty percent above the normal rate” ExampleExample

regular wage for first 8 = $1.00 per hourregular wage for first 8 = $1.00 per hourovertime pay = $1.50 per hour or aboveovertime pay = $1.50 per hour or above

§706: Overtime records§706: Overtime records• Employer “shall keep an accurate record of” Employer “shall keep an accurate record of”

overtime workovertime work

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Authorised overtimeAuthorised overtime

§701: Exceptional circumstances §701: Exceptional circumstances • ““Preparatory or compulsory work”- §701.4 Preparatory or compulsory work”- §701.4

max. 56 hours per weekmax. 56 hours per week

• ““work performed at irregular intervals” - §701.3(a)work performed at irregular intervals” - §701.3(a)• ““work in which attendance at place of employment is work in which attendance at place of employment is

chief requisite” - §701.3 (b)chief requisite” - §701.3 (b) max. 12 hours per day / 72 hours per weekmax. 12 hours per day / 72 hours per week

• ““industry of seasonal nature” - §701.5industry of seasonal nature” - §701.5 max. 56 hours per weekmax. 56 hours per week max. average 48 hours per week calendar yearmax. average 48 hours per week calendar year

►►in all cases:in all cases:• overtime payable overtime payable

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Authorised overtimeAuthorised overtime §702.1: Exemptions to 8 hour work day§702.1: Exemptions to 8 hour work day

• actual or imminent disaster or accident actual or imminent disaster or accident • urgent repairs to “plant, equipment, machinery or other property”urgent repairs to “plant, equipment, machinery or other property”• prevent damage to perishable goodsprevent damage to perishable goods

no max. specifiedno max. specified

• ““work of vital public importance” work of vital public importance” needs prior authorization from MOLneeds prior authorization from MOL no max. specifiedno max. specified

• ““exceptional pressure of work”exceptional pressure of work” max daily extra 2 hoursmax daily extra 2 hours max. 200 hours in calendar year (i.e. max. 100 days of overtime)max. 200 hours in calendar year (i.e. max. 100 days of overtime)

►►in all cases:in all cases: overtime probably payable overtime probably payable must notify MOL as soon as possiblemust notify MOL as soon as possible

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F. HolidayF. Holiday

§802: §802: Right to be paid on public holidaysRight to be paid on public holidays§802: §802: Right to rest on public holidaysRight to rest on public holidays

• work on public holidays authorised if:work on public holidays authorised if: technical/economic reasonstechnical/economic reasons nature of work means it “is carried on continuously”nature of work means it “is carried on continuously” necessary for “normal operation”necessary for “normal operation” supplying public needssupplying public needs or authorised “exemptions” under or authorised “exemptions” under §702.1§702.1

• overtime payable for all hours worked - overtime payable for all hours worked - §803§803

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G. Other leaveG. Other leave

§901: right to paid annual leave§901: right to paid annual leave• first year of employment: 0 weeksfirst year of employment: 0 weeks• second year of employment: 0 weekssecond year of employment: 0 weeks• third year of employment: 2 weeksthird year of employment: 2 weeks• fourth year of employment: 3 weeksfourth year of employment: 3 weeks• fifth year of employment onwards: 4 weeksfifth year of employment onwards: 4 weeks

§51: employees must be allowed leave to vote§51: employees must be allowed leave to vote• no deduction from salary allowedno deduction from salary allowed

right of employer to make deduction from salary under §5.2 right of employer to make deduction from salary under §5.2 of Elections Law – now repealed of Elections Law – now repealed

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Other leaveOther leave

Regulation No 3 Regulation No 3 (p.203)(p.203)• female employee has right to paid maternity female employee has right to paid maternity

leave of 3 monthsleave of 3 months• leave at full pay leave at full pay • termination of employee for reason of termination of employee for reason of

pregnancy is unlawfulpregnancy is unlawful compensation for wrongful dismissal is min. 3 compensation for wrongful dismissal is min. 3

months’ wagesmonths’ wages

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H. Sick Leave & Medical TreatmentH. Sick Leave & Medical Treatment

Not provided by lawNot provided by law• Supreme Court decisionSupreme Court decision

12 sick days allowed per year12 sick days allowed per year

Medical treatmentMedical treatment• employer must provide medical treatment for employer must provide medical treatment for

accidents at work - accidents at work - §3556§3556

Incapacity following occupational injury/disease Incapacity following occupational injury/disease suffered at worksuffered at work• compensation payable under §§3500-3667compensation payable under §§3500-3667

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I. BenefitsI. Benefits

No obligation to pay benefits No obligation to pay benefits • employer remains free to decide whether to employer remains free to decide whether to

pay medical insurance, education, transport, pay medical insurance, education, transport, telecommunications telecommunications

• only consideration is equal treatmentonly consideration is equal treatment

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J. Tax and Social SecurityJ. Tax and Social Security

Employers under obligation to deduct tax at Employers under obligation to deduct tax at source from employee’s salaries and pay to source from employee’s salaries and pay to Ministry of Finance monthly - Ministry of Finance monthly - §905, §905, Tax CodeTax Code• tax rates in table set out at tax rates in table set out at §§200, Tax Code200, Tax Code

Employers under obligation to deduct 3% social Employers under obligation to deduct 3% social security contribution at source from employee’s security contribution at source from employee’s salaries and pay to NASSCORPsalaries and pay to NASSCORP

Employers under obligation to pay 4.75% social Employers under obligation to pay 4.75% social security contribution (in addition to 3% security contribution (in addition to 3% employee’s contribution) to NASSCORPemployee’s contribution) to NASSCORP

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K. Other compulsory conditionsK. Other compulsory conditions

§74 §74 child labor prohibitedchild labor prohibited• child under 16 cannot be employed except child under 16 cannot be employed except

with MoL authorisationwith MoL authorisation

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2. Conditions not covered by law2. Conditions not covered by law

Relocation of employeesRelocation of employees• employer decides own policyemployer decides own policy

obliged to repatriate foreign employeesobliged to repatriate foreign employees

In-country travelIn-country travel• employer decides own policyemployer decides own policy

Additional benefitsAdditional benefits• employer decides own policyemployer decides own policy

Only condition: “equal work, equal pay”Only condition: “equal work, equal pay”

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3. Employing foreign workers3. Employing foreign workers

Liberian workers to be preferredLiberian workers to be preferred• ExemptionsExemptions

Repatriation obligationsRepatriation obligationsWorking permitsWorking permitsResidence permitsResidence permits

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Liberianization policyLiberianization policy

Liberian workers to be preferredLiberian workers to be preferred• §75: all employers must hire Liberian workers§75: all employers must hire Liberian workers

except agricultural and unskilled laborersexcept agricultural and unskilled laborers

• §75: unlawful to hire alien employee §75: unlawful to hire alien employee exceptexcept “administrative, supervisory, or technical “administrative, supervisory, or technical

positions”positions” oror

unlessunless first consulted “lists of qualified Liberian” kept first consulted “lists of qualified Liberian” kept by MOL by MOL

» AND AND no qualified Liberian available (list exhausted) no qualified Liberian available (list exhausted)

» OROR no qualified Liberian from the list is “capable of performing no qualified Liberian from the list is “capable of performing

the job to be filled” the job to be filled”

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Repatriation obligationsRepatriation obligations

§1504.1: e§1504.1: employer must pay for repatriation of foreign mployer must pay for repatriation of foreign employee when:employee when:• expiry of period of serviceexpiry of period of service• on termination of contracton termination of contract

due to employer’s inability to fulfill contractdue to employer’s inability to fulfill contract due to employee’s sickness or injurydue to employee’s sickness or injury following notice of terminationfollowing notice of termination

except if court orders otherwiseexcept if court orders otherwise

§1504.3: §1504.3: expenses include travel and subsistence: expenses include travel and subsistence: from date of termination of contract until date of repatriationfrom date of termination of contract until date of repatriation

except for delay due to employee - except for delay due to employee - §1504.4§1504.4

§1504.2: §1504.2: includes family if brought by employerincludes family if brought by employer

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Working permitsWorking permits

Issued by MOLIssued by MOLLeaflet from MOL available explains Leaflet from MOL available explains

proceduresproceduresDifferent categories Different categories

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Residence permitsResidence permits

Issued by BIN Issued by BIN • can apply after 90 days of residencecan apply after 90 days of residence

Leaflet available from BIN explains Leaflet available from BIN explains proceduresprocedures

Visa applications should technically be Visa applications should technically be accompanied by permit from MOL stating accompanied by permit from MOL stating no qualified Liberian for such employment. no qualified Liberian for such employment. • §1507-A. Liberian to have employment §1507-A. Liberian to have employment

preference (preference (butbut see also §75 see also §75).).

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4. Disciplinary measures4. Disciplinary measures

Possible measuresPossible measuresTermination Termination

• fixed-term contractfixed-term contract• indefinite term contractsindefinite term contracts• oral contractsoral contracts

Redundancy payRedundancy payBest practicesBest practicesDisciplinary measuresDisciplinary measures

• not covered by lawnot covered by law

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Disciplinary measuresDisciplinary measures

Possible measuresPossible measures• Warning letterWarning letter – appropriate for all first-time minor – appropriate for all first-time minor

offenses and some serious offensesoffenses and some serious offenses• Suspension without paySuspension without pay – for repeated minor – for repeated minor

offenses and some serious offensesoffenses and some serious offenses• DemotionDemotion – for unsatisfactory performance or serious – for unsatisfactory performance or serious

offensesoffenses• TerminationTermination – for major offenses that amount to a – for major offenses that amount to a

“gross breach of duty” or “ serious breach of duty” “gross breach of duty” or “ serious breach of duty” depending on the contract depending on the contract gross breach of duty: §1508 (2) for fixed-term contractsgross breach of duty: §1508 (2) for fixed-term contracts serious breach of duty: §1508 (5) for indefinite contractsserious breach of duty: §1508 (5) for indefinite contracts

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Disciplinary measuresDisciplinary measures

Minor offenses:Minor offenses:• late arrival at worklate arrival at work• early departure from workearly departure from work• unauthorized absence (less than one day)unauthorized absence (less than one day)• minor insubordination minor insubordination

first-time offense: warning letterfirst-time offense: warning letter repeated offense: suspensionrepeated offense: suspension persistent offenses: terminationpersistent offenses: termination

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Disciplinary measuresDisciplinary measures

Serious offenses:Serious offenses:• falsifying timesheets/logbookfalsifying timesheets/logbook

first-time offense: warning letterfirst-time offense: warning letter repeated offense: suspension (or demotion if in repeated offense: suspension (or demotion if in

senior position)senior position) persistent offenses: terminationpersistent offenses: termination

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Disciplinary measuresDisciplinary measures

Gross breaches of dutyGross breaches of duty• persistent disregard of safety regulations (posted persistent disregard of safety regulations (posted

notices) notices) first-time offense: warning letterfirst-time offense: warning letter repeated offense: suspension / demotion / terminationrepeated offense: suspension / demotion / termination persistent offenses: terminationpersistent offenses: termination

• assaulting another member of staffassaulting another member of staff• disclosure of confidential informationdisclosure of confidential information

immediate termination is justified immediate termination is justified §1508.2§1508.2

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Disciplinary measuresDisciplinary measures

Gross breaches of dutyGross breaches of duty• unauthorized absence (more than one day)unauthorized absence (more than one day)

first-time offense: suspension (or demotion if in senior first-time offense: suspension (or demotion if in senior position)position)

repeated offense: suspension / termination repeated offense: suspension / termination persistent offenses: terminationpersistent offenses: termination

• contract should specify other “gross breaches of duty”contract should specify other “gross breaches of duty” insubordinationinsubordination harassment of other staffharassment of other staff unauthorized use of NGO propertyunauthorized use of NGO property failure to perform (needs clear job description and regular failure to perform (needs clear job description and regular

appraisals)appraisals) drunkennessdrunkenness theft, assault and other criminal behaviortheft, assault and other criminal behavior other serious misconduct (sleeping on duty etc.)other serious misconduct (sleeping on duty etc.)

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Disciplinary measuresDisciplinary measures

§71: unlawful to dismiss group for act of §71: unlawful to dismiss group for act of individualindividual• group may be dismissed for action by whole group may be dismissed for action by whole

groupgroup group may NOT be dismissed for act “which group may NOT be dismissed for act “which

cannot be attributed to a definite individual”cannot be attributed to a definite individual”

Fines not allowed!Fines not allowed!• §1511.8 (a): no employer may “impose a fine §1511.8 (a): no employer may “impose a fine

upon an employee for any cause whatsoever”upon an employee for any cause whatsoever”

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Termination for causeTermination for cause

Fixed-term contract:Fixed-term contract:►►Termination for causeTermination for cause• gross breach of dutygross breach of duty

§1508.2 includes but is not §1508.2 includes but is not limited to:limited to:

unprovoked assault on unprovoked assault on other staffother staff

failure to comply with failure to comply with safety regulations (posted safety regulations (posted notices) notices)

disclosure of confidential disclosure of confidential informationinformation

persistent absencespersistent absences 10 consecutive days10 consecutive days 20 cumulative days over 6 20 cumulative days over 6

month periodmonth period

Indefinite term contract: Indefinite term contract: ►►Termination for causeTermination for cause• serious breach of duty - serious breach of duty -

§1508.5 defined§1508.5 defined any gross breach of dutyany gross breach of duty

lack of skill or manifest lack of skill or manifest inefficiencyinefficiency

““other serious offence other serious offence against obligations under against obligations under contract”contract”

NOTE: Contract can specify “other gross breaches of duty”NOTE: Contract can specify “other gross breaches of duty”

NO redundancy benefits payable – only unpaid salaryNO redundancy benefits payable – only unpaid salary

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Termination without causeTermination without cause

Fixed-term contract:Fixed-term contract:►►Termination without causeTermination without cause• obligation to pay remaining obligation to pay remaining

time under contracttime under contract

§1508.1§1508.1

Indefinite term contract:Indefinite term contract:►►Termination without causeTermination without cause• one month’s notice (or one one month’s notice (or one

month’s pay in lieu of month’s pay in lieu of notice)notice)

plusplus • obligation to pay “one and obligation to pay “one and

a half month salary for a half month salary for each completed year of each completed year of service”service”

No termination without cause No termination without cause after 10 years of employmentafter 10 years of employment

§1508.3§1508.3

redundancy benefits payable – plus unpaid salaryredundancy benefits payable – plus unpaid salary

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RedundancyRedundancy Regulation No 5Regulation No 5

• employee has right to “severance / redundancy payment”employee has right to “severance / redundancy payment” what is redundancy?what is redundancy?

““when the employer is compelled by economic conditions or other reasons … to when the employer is compelled by economic conditions or other reasons … to discontinue a given business or part of it which results in loss of employment”discontinue a given business or part of it which results in loss of employment”

““four weeks’ remuneration for each completed year” of employmentfour weeks’ remuneration for each completed year” of employment

• employee has right to “severance payment”employee has right to “severance payment” what is severance?what is severance?

““employment is severed or terminated on account of bankruptcy, dissolution, employment is severed or terminated on account of bankruptcy, dissolution, closure, or cessation of operations” closure, or cessation of operations”

““four weeks’ remuneration for each completed year” of employmentfour weeks’ remuneration for each completed year” of employment

• In both casesIn both cases employee must be given one month’s noticeemployee must be given one month’s notice employer must notify MoLemployer must notify MoL

• temporary redundancytemporary redundancy employer may be temporarily made redundant employer may be temporarily made redundant temporary redundancy may last up to 3 monthstemporary redundancy may last up to 3 months pay at 50% of salarypay at 50% of salary

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TerminationTermination

Best practice:Best practice:• contract should specify other gross breaches contract should specify other gross breaches

of duty:of duty: insubordinationinsubordination harassment of other staffharassment of other staff unauthorized use of NGO propertyunauthorized use of NGO property failure to perform (needs clear job description and failure to perform (needs clear job description and

regular appraisals)regular appraisals) drunkennessdrunkenness theft, assault and other criminal behaviortheft, assault and other criminal behavior other serious misconduct (sleeping on duty etc.)other serious misconduct (sleeping on duty etc.)

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Best practicesBest practices

Consider providing opportunity for Consider providing opportunity for employee to resignemployee to resign• No obligation to pay redundancy payNo obligation to pay redundancy pay• No notice period for resignation under lawNo notice period for resignation under law

any notice period specified in contract may be any notice period specified in contract may be waived by consent of the employer and employeewaived by consent of the employer and employee

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Best practicesBest practices

Record Record allall disciplinary measures taken disciplinary measures taken• make file note of any verbal warningsmake file note of any verbal warnings

All documents served on employee should All documents served on employee should be acknowledged in writingbe acknowledged in writing

Refusal to sign acknowledgement formRefusal to sign acknowledgement form• supervisor to indicated this on formsupervisor to indicated this on form• two employees should be called to witness two employees should be called to witness

refusal by employee to sign formrefusal by employee to sign form

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5. Drafting employment contracts5. Drafting employment contracts

Contracts in general Contracts in general Minimum conditionsMinimum conditionsTerm and durationTerm and durationSuggested provisionsSuggested provisions

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Contracts in generalContracts in general

§ 1500: § 1500: Contract of employmentContract of employment• ““any agreement between employer and employee containing the any agreement between employer and employee containing the

conditions and terms of employment”conditions and terms of employment” no definition of employer !no definition of employer ! no definition of employee !no definition of employee !

• categories of contractscategories of contracts►►oral oral

contracts of less than 6 months deemed oralcontracts of less than 6 months deemed oral contracts of indefinite duration deemed oral contracts of indefinite duration deemed oral

►►writtenwritten

►►individualindividual►►collectivecollective

►►definite (fixed-term)definite (fixed-term)►►indefinite periodindefinite period

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Term of contractTerm of contract

Fixed-term:Fixed-term:• Maximum term: 2 years - Maximum term: 2 years - §1505.1§1505.1• Max. term of renewal: 18 months - Max. term of renewal: 18 months - §1505.2§1505.2

• contract expires on end datecontract expires on end date no need to send notice of expiry of contractno need to send notice of expiry of contract no right to redundancyno right to redundancy no notice periodno notice period

contract terms can be more generouscontract terms can be more generous

new contract needs agreement of employer and employeenew contract needs agreement of employer and employee no right to be re-hiredno right to be re-hired

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Term of contractTerm of contract

Indefinite term contractIndefinite term contract• No termNo term• can be ended without cause by giving noticecan be ended without cause by giving notice

WARNINGWARNING: §1508.3 has been amended:: §1508.3 has been amended:

compensation = 1.5 months pay for each year of servicecompensation = 1.5 months pay for each year of service

no termination without cause for employees with 10 no termination without cause for employees with 10 years completed with same employeryears completed with same employer

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Minimum contract provisionsMinimum contract provisions

§1503§1503

• name of employername of employer• name of employee, his originname of employee, his origin• place of employmentplace of employment• place of engagementplace of engagement• nature of employmentnature of employment• notice period(s)notice period(s)• wageswages• benefits (if any)benefits (if any)• repatriation (if alien worker or employment outside repatriation (if alien worker or employment outside

Liberia) (Liberia) (see also slide 24see also slide 24))• other special conditionsother special conditions

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Additional contract termsAdditional contract terms

Contracts should also specifyContracts should also specify• job descriptionjob description• working hoursworking hours• overtime ratesovertime rates• holidayholiday• right to take disciplinary measuresright to take disciplinary measures• list of “gross breaches of duty” (list of “gross breaches of duty” (see slide 37see slide 37))• right to deduct social security and taxesright to deduct social security and taxes

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Attestation of contractsAttestation of contracts

§1503.2: compulsory attestation by MOL§1503.2: compulsory attestation by MOL• MOL has accepted to attest standard form MOL has accepted to attest standard form

contracts contracts plusplus list of all employees, positions list of all employees, positions and date of hireand date of hire

• no fees payableno fees payable• attestation not legally binding on courtsattestation not legally binding on courts

§1505.4: renewed contracts§1505.4: renewed contracts• renewed fixed-term contract may be renewed fixed-term contract may be

exempted from attestation at MoL’s discretionexempted from attestation at MoL’s discretion

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6. Labour dispute procedures6. Labour dispute procedures

Industrial actionIndustrial action

Outline of dispute hearing process before Outline of dispute hearing process before Ministry of Labour and appeal process Ministry of Labour and appeal process before Labour Courtbefore Labour Court

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Industrial ActionIndustrial Action

Employees have a right to form or join Employees have a right to form or join unionunion

Strikes no longer unlawfulStrikes no longer unlawful

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Labour disputes proceduresLabour disputes proceduresEmployeecomplaint

Ministry of laborinvestigation

Hearing

Employer

Decision by Hearing Officer

Appeal to Labor Court

Appeal to Supreme Court

Mediation

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That’s it, folks!That’s it, folks!