The Labor Code of the Republic of Yemen (Law No. 5) of 1995 is the primary law governing labor relations, including employment termination in Yemen.

Lawful Grounds for Dismissal

Employers in Yemen are permitted to dismiss workers for reasons such as gross misconduct, economic or technical reasons, worker's death or incapacity, and expiration of a fixed-term contract. Gross misconduct includes harassment, incompetence, fraud, divulging company secrets, assault, disregarding safety rules, or other similar acts. Economic or technical reasons can include business restructuring, bankruptcy, or changes in technology.

Notice Requirements

Before terminating an employee's contract, employers must give a written notice period. The length of the notice period depends on how the employee is paid. For monthly wages, a 30 days' notice is required. For bi-weekly wages, a 15 days notice is needed. For piecework, hourly, daily, or weekly wages, a one week's notice is required.

Severance Pay

Employees who are terminated due to circumstances beyond their control, such as business reasons, are entitled to special compensation. The exact amount is determined by the competent Arbitration Committee, with the maximum amount of such compensation being six months' wages.

Important Considerations

Employers may include a probationary period of up to 6 months in the employment contract. Termination during a probationary period may not require notice or severance. If a worker believes the dismissal is unlawful, they can challenge it by filing a complaint with the Ministry of Labor or seeking recourse through arbitration or court procedures. Some collective agreements may have more favorable terms for employees regarding termination.

Yemen's Constitution has a general equality provision (Article 41) stating that all citizens are equal in rights and duties. However, it lacks explicit protections against discrimination based on specific characteristics. The Labor Code of the Republic of Yemen does contain some non-discrimination provisions, but these are limited in scope.

Protected Characteristics

While there's no comprehensive anti-discrimination legislation, some protections may be inferred from Yemen's laws and its obligations under international treaties:

• Sex: Yemen is a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). However, Yemeni law still contains discriminatory elements, particularly in the Personal Status Law.
• Race/Ethnicity: The Committee on the Elimination of Racial Discrimination (CERD) has raised concerns about discrimination against marginalized groups like the Al-Akhdam.

Limited Redress Mechanisms

• Labor Disputes: Employees facing discrimination may seek resolution through labor arbitration provided in the Labor Code. However, the effectiveness of this mechanism can be limited.
• International Complaints: Yemen's ratification of CEDAW and CERD theoretically allows for complaints to respective international bodies in cases of severe discrimination. This process is complex and may not offer immediate relief.

Employer Responsibilities

While no specific laws mandate it, Yemeni employers have an ethical obligation to promote equality and non-discrimination in the workplace. This includes:

• Fair hiring practices: Decisions should be based on merit, not discriminatory factors.
• Equal treatment: Ensuring fair pay, promotion opportunities, and access to resources for all employees.
• Zero tolerance for harassment: Taking swift action against any form of harassment based on protected characteristics.

Key Challenges

• Yemen's weak legal protections against discrimination remain a significant challenge.
• Cultural attitudes and traditional practices can further hinder the enforcement of anti-discrimination principles.

Yemen has set regulations concerning work hours, rest periods, and ergonomic requirements to ensure a basic level of worker well-being.

Work Hours

The Yemeni Labor Code (Law No. 5 of 1995) outlines a standard workweek of 48 hours, distributed over six working days. Daily working hours are typically eight hours. During the holy month of Ramadan, working hours are reduced to six hours a day and 36 hours a week.

Rest Periods

Yemeni law mandates rest breaks, although the specific duration isn't explicitly stated in the Labor Code. In practice, most companies provide a one-hour break during the workday. Yemeni workers are entitled to one full day of rest per week, which typically falls on Friday.

Ergonomic Requirements

Yemeni legislation currently lacks specific regulations regarding ergonomic requirements in the workplace. However, employers have a general obligation to ensure the safety and health of their workers. This may include taking steps to promote proper posture and workstation setup to minimize ergonomic risks.

Important Considerations

Enforcing these standards can be challenging in Yemen due to the ongoing conflict and a strained economy. Many Yemenis work in the informal sector, which often falls outside these legal protections.

In Yemen, despite the ongoing conflict, a framework exists to protect workers' health and safety. Yemeni employers hold significant responsibility for worker health and safety, as outlined in the Labor Code (Law No. 5 of 1995) and related regulations.

Employer Obligations

Employers in Yemen are required to provide a safe work environment that minimizes risks of accidents and injuries. This includes proper ventilation, lighting, and measures to control dust, fumes, and noise. They also have a duty to train workers on safety procedures and provide them with necessary personal protective equipment (PPE). Furthermore, employers should conduct risk assessments to identify potential hazards and implement preventive measures.

Employee Rights

Yemeni workers have fundamental rights concerning workplace health and safety. They have the right to refuse work they believe is unsafe and to report safety hazards to their employer or relevant authorities. Workers also have the right to be informed about potential hazards associated with their jobs and receive training on safe work practices.

Enforcement Agencies

The primary enforcement body for health and safety regulations in Yemen is the Ministry of Labor. They are responsible for inspecting workplaces, investigating complaints, and ensuring compliance with health and safety standards.

Challenges and Considerations

The ongoing conflict in Yemen has significantly impacted the Ministry of Labor's capacity to effectively enforce health and safety regulations. Additionally, a large portion of the Yemeni workforce operates in the informal sector, which often lacks proper health and safety measures.

The situation in Yemen is constantly evolving. Consulting with Yemeni labor law specialists or international organizations can provide the most up-to-date information on health and safety regulations and best practices.