The new law sets out permit requirements, rights, and obligations for foreign workers and their employers.
Somalia has enacted Law No. 10, the Foreign Workers Employment Act. The law requires foreign workers to obtain a permit from the Ministry of Labour and sets out the conditions for working legally in the country.
The Act was enacted to bring clarity to foreign employment as Somalia's economy grows. Its purpose is to ensure that foreign workers contribute positively to the economy while protecting the rights of Somali nationals and promoting fair labour practices.
Law No. 10, the Foreign Workers Employment Act was enacted and entered into force on December 9, 2015.
As more foreign workers and investors arrive in Somalia, clear rules help protect both local workers and the businesses that employ international staff. This law was designed to provide that clarity.
The law requires foreigners to obtain a work permit from the Ministry of Labour and to comply with immigration law, and it reserves for Somali citizens jobs that they are able to fill.
It sets out how permits are granted and how long they last, providing that permits are generally valid for a defined period and may be renewed, with holders allowed to keep working while a renewal is processed.
Fairness is built in through a right to challenge decisions. Applicants who are refused a permit may appeal to the Minister, with a further right of appeal to the courts, ensuring decisions can be reviewed.
The law places clear duties on employers and workers, requiring permit holders to keep their permits available for inspection and prohibiting the employment of a foreigner who lacks a valid permit or in a role different from the one stated on it.
This law is important because it gives Somalia a clear framework for managing foreign employment. Defined permit requirements, validity periods, and appeal rights bring predictability for employers and protection for workers.
“Clear rules for employing foreign nationals protect local workers and give employers certainty at the same time. By setting out permit requirements, renewal procedures, and a right of appeal, this law brings welcome order to foreign employment in Somalia. Employers who understand and follow these requirements will be well placed to operate with confidence.”
, Asha-Kin F. Duale, LL.M. (Master of Laws), LL.B. (Bachelor of Laws)
Managing Partner at Mogadishu Law Office
This release is provided for general information and does not constitute legal advice. Professional legal advice should be obtained before acting on any matter discussed here.