Abdulla Luqman and Firas Tarbosh explore employment legislation, contracts, disputes and malpractice in Yemen
The primary law that regulates employment relationships in Yemen is the Labour Code (Act No 5 of 1995) as amended in April 2008 (‘Labour Law’). This Labour Law is designed to operate more as a safeguard for an employee engaged in such a relationship be it deemed the weaker party. For instance, one of the main characteristics of this Labour Law is that it sets the baseline of employees’ rights in a manner that cannot be contractually waived or derogated unless such derogation aims to grant additional rights beyond those outlined in the Labour Law. Further, any ambiguity that might be encountered while interpreting its provisions shall be read in favour of the employee.
The Yemeni Civil Code (Law No 14 of 2002) (‘Civil Law’) also regulates employment matters in conjunction with the Labour Law. However, the Labour Law shall prevail over related Civil Law provisions in the event of any conflicts between the two.
Yemen’s Constitution founded the legal framework on Islamic Sharia principles, and placed such principles at the top of the hierarchical legislative system. As a result, any agreement, covenant or rule found to violate such principles shall be deemed null and void.
It should be flagged that Yemen’s regulatory system, including the Labour Law, is rather primitive compared to most Western and developed jurisdictions, suffering from vagueness,...
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