LAW NO. 41 OF 1944 ON INDIVIDUAL CONTRACT OF SERVICE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R000400040036-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 20, 2016
• Document Release Date: September 10, 2001
• Sequence Number: 36
• Publication Date: May 10, 1944
• Content Type: REGULATION

(Pohl
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sUMEALAMMIlaimaaliag_
official . Arabi. tion - No. 60 of 1 . .44),,
so4 Perm* i,. ling of Nowt.
2be following less has been poised 14 the Sensto ar4 the namler of
Dopetie 4 and we hereby approve and promulgate ltl-
?
Tho provisions of this Lay app17 to contraoto of LerYice ko
e ibigh a murkier undertake*, in aoneideration of fjxed. remunorttion
for a ifIed employmont or fera iefimits or so inetisit. Poric"As lo
work under the direction, authority or soperviel(m of an Employer.
Thimesd ?worker' inoludos labourer and employee. mele and
female.
14,44. a rho following ure not cnsiarod as ivorkore w
mood of this Laws-
a) ?WOO* eloPIo7*d in A cUltaie including
*Whines other than this, operatod by band.
b) Per Domed ai. temporary ease/a mark which, owing to its 5
40011 111010001111hin the 400100 et Us. netesi. boolacoo of the
omploper and Ai* esoo not lest more than. months.
4 Member* of the employor*o foodlY &m ho to Aotoolll ooPPortitig-
employid to oierate
is oetablieb;eiste not usimg machines which
Xeme *in Ors Whim* ant the 'vital of whist_
Joot ant eerkers *agora in liberal professloss
? hsetneet *mover of their omployor does mot emceed
e) Merino offilets, marine *newer.
f) Persememt Government official, and employee*.
4) immeetto eervento and perilous of a similar eatedorY in 2408204
lame Merato lament be issue&
treat mmy be verbal when the morktr's total vageo?
weakly or Jeentia7.? La Lino thnnt.10.- por swath ii.
t should be in mriting in all other eases and most Is
tan workers.
purpose of the application of the provisions of taa
0041r*Otorw Sane* to an .T 4odartakes to
Et to carry out ely naafic wort for the oceoLnt
vs of *ether he su7,,ervisee the mirk or morel;
two= an awloyer at a Labour Contractor must in
tine ant mast spool& the nature of the work,, the
4 the opproxixato duration of the vork and the Aus.reatoes
Of woPeo on the site of work. The differenoe botween
ts moos as specitiod in the contract and the Lmount
Chould not snood 104
?
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iseemees for rt of worksra fromtheir village= to
f the work sbaU not charged to the workers unless thty abemt
from the work without valid reasonbefore the expiry of Irti
the contract.
Lebow: Contractors axe not allowed to 'sere e their
have obtained a permit to to so from the Labour Doper
permit shall be issued in accordance with the conditions
to be laid dove by the Mialeter of Social Affairs; the isTial
1 net attest the rights of employers to demand frlal the
mates* they deem proper.
Centractors mast provide a (vay sheet), in
worker' *se copy of the earki will handed t, the
retained by the Contractor. this is o be
th the standard form to be drawn up by the Mir ster
di
both copies o
Lability for the worker's wames shell bw
ter has signed a receipt for his wages cn
r fail to py -2 to the workers
peeified in Article 12 of this Law, the
I. thereof from the leployer ,rovidel
h of the date from Which the wages
I be made on the basis of tie rfiten
010 La the conA n him and the Labour Contrictor,
s will also have the right to demand frma the Nmployer the exeratiou
of the terns of this contract mate between hie and the Labour Contracor as
regards aceemmodation, feeding and return to the locality where the 'corker
wee engaged
Employe
cam or a
and Labour Contractors shall not com?e,
tales produced by them or from any speci
Af)144 19 . Wage; and other amounts doe to workers by 'virtue
or eirviee must be paid in legal *arrow,
work(r to
d establishment.
f the oIntract
Minors can validly receive from the Itsployer their wagpt,
and any other animate Whidh limy be due to them seder this Law.
yuqp, 112
Wages shell be pai& on a working day and at the place whlre
the worker is employed in the following maaneri.
Tor dally.paid workers, at least once every two weeks
14) 7or other workers, at least once a month.
o) For piece work which roquiree a period exceediag two weeks;
the workers /hall every week receive an advaace on aceount
proportionately to the work completed, and. Shall receive the
balance thereof within the week following the delivery of thc
work.
When the worker
o hie immediately
his wages shall be
are ter 1* wages an et
o, however, the work of hit
thin T days free the date of csasIng
Article 13 - Should a wor'rer, throuh prt":1 r.cklr.psnf'ss, neglig-nice or
carelesen-ps cuse the l's, dR or (1-strl)ction of nrcl]i1r7;
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s bs1otii to or in the custody of the employer, tile
cost of repair or replaeement.
shall be entitled to withheld the said
vidod that the &mount deducted for this
emit of five lays owges la any ea* month.
from
? doss
%I ? The bployer is not allowed to retain from the wages of E
more than monthly wages In settleaent of loans lode tl
4 the enployer nor is he entitled to charge any interest OA
i;.3 of a asmonthly es or the firsti.10
cannot be assigned or attached except for alisioay
the price of food and of essential Clothing of the
ose supported by him, and then only to the extent of ewe quarter.
$ in excise of the shave amount may to assigned or
aueohed for any debt to the extent of one gearter thereof.
The foregoing provision applies to the eams due to workers 17
vir
of Articles 22, 231 244 and 32. Seductions made from worker's wages
by virtue of this Law Shall first he deducted before calculating the mount
which may be assigned or attached.
401444 - At the request of the worker de within 18 days fran the date
of the termination of the contract for reasons of 111 health speciftad in
Article 24 or for any of the reasons speaIftea In Articles 23 and 31., the
Smployer shall par the return fare of the worker to the place vbcre the
worker was engaged. In the event of the SOployer tailing to to so, the
competent administrative authorities Jour repatriate the worker at the
even*, of either the Maployer or the Labour Contractor sacorting to the
terms of the contract between them. The *open*** incurred by the said
authorities is recoverable by administrative seizure.
tiolie 17 the AUplorer shall, at the request of the worker, when
contract is terminated, deliver to him free of Charge a certificate set
out the dates of his sogagement 014 discharge and the nature of the work
performed. If required, by the worker, the certificate shall also *et yut the
wage, allowances and privileges (if any) of Which thot worker was in re-elpt.
The 209107or shall also return to the worker all detanents
or cat., deposited with his by the worker.
The Smplarer shall not transfew a MA
daily or westlr.puldlimeher nor from
t of a dally?peltworker, without the worker's oonsen
nt of such consent being given, the mocker will retain all the
trod during the period of his employment tettlenthXY OmAY, by virtue
eions laid down in Artielse 21, 22, 224 24, 31, 32. and
An Smployer shall not sail upon a worker to perform any work
a or not In acoerdanee with the terms of the contraet unLess
tad by the exigencies of the moment to prevent an aeoldont or
necessary repairs resulting from an eeeldeet for fere*
ed always that such Changes In the worker's duties tha:l only
emporary nature.
An IMployer now, however, assign to the wefter work 0 -er th? that
in
cooly weed upon provided tat it does not differ es lolly frtm that
which he was engaged.
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Article 20 - A contract for a definite period shall be deceed to be reLewed
for an indefinite period if both parties thereto continue o execute it aft
the date of expiry.
Article 21 - Contracts made for an indefinite period way be terminated by
either party giving the other party prior notice of termination as specified
belows
5 days' prior notice for daily-paid 'meters
b) 7 days prior notice for weekly-paid workers
) 30 days' prior notice for monthly-paid workers
Article S2 - The party who terminates the contract without giving the
requisite notice SA laid down in the previous Article shall be liable
to pay to the other party compensation equivalent to the amount of wages
payable to the worker either for the period of notice or for the unexpred
portion thereof.
Such compensation shall be cLloulated on the basis of the
average remuneration received by the worker in baste rages and supplowntary
remuneration during the preceding three means
The party who suffers from the unjustifiable termination
of the contract may be awarded compemeatioa to be estimated by the Conrt
after investigation of the circumstances- of termination and after taking
into consideration the nature of the work, the worker's age, length of
service and custom.
Article 23 - If the contract is terminated by
to the worker an indemnity in respect of his period of serviceealcula-7ed
as followis
shall pay
For Plei 4, Weekly-Paid a
For daily and weekly-paid workera ten days' pay per year
of service calculated on the basis of the worker's last maps. For place
workers the indemnity shall be calculated on the basis of the workingi
average remuneration during the three months preceding the termination.
In both Cases the maximum indemnity shall not exceed six months' pay.
b) For Monthly-Paid Workers s
One half month's pay per year of service in rtect
first six years and one month's pay per year of service
every additional year of service calculated an the basis of the worker's
last salary provided the indemnity shall not exceed nine synths" pLy.
Workers with twenty years service or more stall be granted an indemni
equivalent to one year's pay.
If the capital of the establishment in which the worker is
employer doss not ezesedk.2000, the indemnity shall not exceed three
months' Images.
Workers performing intellectual work shall be considered
as falling in the category of monthly-paid workers.
Article 24 - The contract shall be terminated by the death of the worker,
by his total disability to perform his work or by illness which causes his
uninterrupted absence from work for at least sixty days or absence for
periods exceeding all ninety days In one year.
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4.Flone
These -oeriods aro- reduced. by half in reelect of dailrepail and weekly-iaAti
rill) worker's divebility or illness shall be certified by a 3.,:,ctor?
The ZAoloyers hoWever, hs the right to have the worker medieelly exLned Icy
;,:nother "ct ii in tb,0 ovent o! discre%nciee between the two aleall
certificee, elther party mayr-IfHr the own) to a CommioiiAli of Medlc
Arbitrators in accoranne witt the Arovisiost of Artioles 22.? and 23 cf Law
lo.64 of 1136 ?
t,-lo event of terminetica of the contract one of tile
reone r:44rred ta in the first ,exagreh of this Article, the impl(yer ahull
pay the indemnity stipulAed in the preceding Article to the worker (T to hie
Jependwisu.zieemooneatlial been 2aad to then in acaordnce wrtA Law
%o.64 of 1936.
Thr: worker's dePendnots are; his wife, thvse of his child-zee and
.7)Lre1Lt Wil0 aro sw,ported by hie or, in their absence, persons who wAre pu,J
by him before his death, le the absentee of depereinnte the indemnity ehr..11
dietributea amonget tha heirs.
The distribution of the inaemnity shall be made amongst WI
Leneficieries in accordance with the eChedule attached to Law 74o.64 1936.
Daring the period of illness referred to in thv first Ilerr7?:rcon
of this Article,. the Imployer eh ii. not be atitled to exereieeiii ri.ght to
termiwte the oontrot by virtue of Article 21.
- The dissolution on enterpriee, its emalgenntion witi cnother,
its liquidation or haakruPtey, its devolution to another person by ioherittacl,
will, gift, or assignment or other method or disposal ehtill not oonstitate
a bar to the execution of any of the obligation*, due to the workers bm virtu
the provieions of this law.
Artiell 26 An. Anployer emAoying fifty or more workers mmet pay dcwn rognla.
tient icr the c,rgenisatien of work end treatment of workers In his ustabliehrs t.
Ile matt Aso ly down regulations for disciplinary meaenre and conCitioas fct
the wsiolleation thereof, which -rulations 'hall only be Applicable if the
Labour :Jedartm*nt rats- no objection, thereto within forty five 14, .tram tjt
of submission.
Article 27 - It is forbidden for an earaityer to impose: on e worker fine.
exceeding the ef:eavalent of ten Atsvel vague for a single offence, ey.- to leaut.;t
from his wedges, in settlement et finee imposed, more thF,:n the ecuivnt of-i7ve
days' Ivges in any elm mcath or to enspend a Worker for A?scipliaar reisoae for
a ,)eriod exceeding five ave in any one month,
worn shkil not be Chi,rgid with an offence after the of
aore tia,n fifteen deye from the debe o.f CaMmiltaiOn4
Anes or suspensions may not be inflicted after the lapse of
fifteen aays from the Cate or which the offence has been establishei.
DiecirainFiry measures will be r-gulated by Ministerial Arrete.
if the worker is accueed of a Crifie or a misdemeanour intoving
dishon,:sty OT immorality committArd during the performonce of the work or if
secuse4 of e misdemeanquhr for in on illegitimate strike or 'molting cAtIrs
to go -Tat st.ch strike or 4AVstsemee.olour connected with senile seoy, the
Employk?r eher hr,,ve the right t-c, *ascend hie es from the date of rivottiat tia
matter to the cometent ,aitheriti-e until a decisloa is retched by them. If
such ocieion ehould a-olare the worker not gailty, the worker Shan be reiestated.
Y.1,11.i !the ieleusat5.an maty, eTeinet the worker Or the result aC L'4.e
Lction Gf his 'reployr or the lattPes representative or with the Itnosle4e cr
either of them, or should the competent authorities decide not to refer tle t:rker
to tri., the lotter will be entitled_ to his wages for the period A.
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Article: 28 - Fine inflicted on workers muet be recorded in a special rester
? eeee
si'uNin4 reason for the fine, the name of the worker and the amount ce his
4. pea. Insect:tors of the Labour Lepertment shall have the right to iasplct 3110;1
reeisters at ell times.
Article - The 611M8 deducted as rims from workers' loupe hall be set aside
Ly thelginployer for the benefit of the workers ia accordance with the revered
reeetations to be laid down by the Ministry of Social Affairs.
vaa ao An nployer nay termi te a contreet with t paymone of ind, m ty
or notice in the ,fc3lowine cites:
) Te the worker has assumed a false iadentity r eubmitted false
certificates or recommendations.
If the worker is engaged on probation and fails to give atiefaetion
to- his employer, provided the discharge takes place within three
months feeu the date of engeeement in respect of woriers perforaing
eeeeal work eie eithin six months in respect of workers performiug
-telleeteel work.
If a worker is discharged after the lapse of the above peeled,
bie ?employer will helve to peeve the existenee of a erevious written egreeeeee
,Joh provided that the worker was engaged on probation eor a period *doe
riv in no case - exceed six months for worker; of seventeen yeers or over.
A. rrards sLiorb under the ago of seventeen, the period or
ereeticeehip or oobsttunmay exteed to a meeimum of two years. If in t
meantiee the minor attains the age of seventeen, the provisions of the
erecedine paraeraeh will apply provided that the probation period 1i ot
eeceed two years.
3) It the worker is intentionally guilty of any act or emission calculated _
to cause material esmage i.e) the Ampleysr. this cause, however, camel
be invoked unless it is proved that the Imployer has reported tee matter
to the eompetent authorities within twenty four hours of the same coming
to his knowledge.
4) If the worker, in opite of e written warning, fails to observe the
written regulations exhiLited in a prominent place, the application
of which is essential for the safety of the workers and the estaelishmeat
If the worker absents himself eet,hout valid reason for more than
fifteen days, or more tnan seven coneseutive days in one year.
J If the worker does not carr;his essential duties under his
contract of sere ice.
If it is proved teat the worker has divulged industrial for cammercial
secrets of the establishment in which he is employed.
If a worker has been sentenced for a crime era mis-demeanour involvime
dishonour, dishonesty or immorality.
If it is proved thet the werker has actually committed an act_ f
immorality in the establishment, workshops or offices-, or if he is
found during working hours in a state of drunkenness or leader the
influenue of deep.
10) If the woeker has committed an asaault on the employer or the
responsible manager or committed a serious assault on any of hs
superiors during the course of his employment or for ressonn
connected therewith.
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Article 31. 31 - A worker may leave his work bel:ore the ?xpir*tiOL of theotract
or wi oUt notice in the following caseso
If the Employer or his representative has misled toe work *r
the conditions of the work at the time of concluding the contrat..
This cause, however, may Lot be invoked by the worker after a
of thirty daos from the date of hie commeocing work.
If the Employer has not fulfilled obligations towards the wlrker
in acoordence with the provisions of this law.
If the **player, or his representaOlve, has been guilty of an et
of immorality towards the worker or e member of his family.
If the Employer, or his representative, has committed an assault
upon the worker.
If a great danger threatens the safety or health of the worker 'ov d
that the Employer shall have had knowledge of the exiitence of the
danger and failed to take the measures prescribed by the competent
authorities within the time limit fixed.
Article 32 - If a worker leaves his employment for any of the reasons gOven
in the preceding Article, the Employer must pay him the indemnity laid Ocren
in Article 23 of this haw in case the contract was made for an indefinioe
period. If, however, the contract was made for a definite period, the oorkor
will he entitled to an indemnity equal to that laid down in Article 402 of the
Natienel Civil Code and Article 491 of the Mixed Civil Code.
Article 33 - A male worker who is Wiled up for oompulsory Military rotes
or a female worker who leaves her employment an the goose ion of her war
is entitled to the indemnity provided for CA Article 23 of this Low.
Article 34 - The Veoloyer shall provide for the benefit of the workers
Medical 'first Aid on the premises.
If the number Of workers *weeds one hundred, the Employor shall
provide a doctor for their radical attendance and treatment at the elites
chosen by him for the purpose. Ee will oleo supply them free of charge with
the medicines required for treatment.
An Employer employing: workers in localities outside the tnhar.ited
districts shall facilitate the meant of their supply with food and suitable
lodging.
Article 56 - The Employer shall pay the worker whose illness is ascertained
half wages throughout the period of his absence from work provided that the
said period shall not exceed thirty days per year.
Article 36 - The Ss-ploysr shall take the necessary precautions to protoco
the
workers against the risks of work and machinery.
Article:? 7- Every worker as entitled to leave on fell pay as follows:-
a) Seven days per year for daily-paid worbirs unless they are
engegee on dangerous or uehealthy work, in which case their
leave will be ten days per year. The kind of such work will
be defined by an order from the kilnister of Sociel Affairs.
b) Fifteen days per year for monOhly-paid labourers arid employeeo.
Article 36 Any stipulations in a contract of service which are incomatihb
with -E6 provisions of this Lew, even if concluded before the promulgation
hereof, will be considored null soW void unifies they are more beneficial to
the worker and ere not contrary to the established practice.
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-13-
ArUelp f9 . In a firm where a 1rovident or a Thrift Pend is setabitthed f,z417
the benefit of the workers, the later mey uot claim rerleht of ana'
due to them in accordance with i-_rticle n of this Law If the ::,,,oloy)rte
oontributions to their aelsounte in the said 7und aro equivalent to ;r In
excess of the amount of slush Intemmity_
It, however, the worhtr ia entitled to e eentin for his
period of service, he will have the rirht to ort either for the eension
or the indemnity aove-mentioneN-.
ahouid the worker 0,74 for the indemnity, the 9Mployer ihe13
refund_ to him all his 1?)revious contributions to the Pensiome
agtiole fa - Without prejudice to the applieation to mere ,severe polalties
in ace-organ?* with the Penal 0064, any breaoh of thelorevisions of ..,rticleg
? 0. 6, 7, 9, 12, IS, 14, 17, 16, 314 27, 1S, 29, 244 Se end, 37 of this _Lew ..-)r
the Ministerial orders relating to the ereautionof thit Lw shnll
;)iiillehlable by a fine_ not exedeaktig one thousand piastres
In the case of breach of the provisions of the first par. -tdrviTh
of Artiole 5 and dednot%-e the wor4rts wages of mounts in exeese
of the limits defined in this Lem, the ?Wes will exp.offielo order .he re_t_a3E:.
of the amounts so &ideated or oelleetee.
The fine *hell be sp.Illied as often as there are 4orkers lefolved
in the infringement provided thut the total fine sh03/ not erased t,eety
Jaen for infringeneets of tle Immo meters.
4rtie1e 41 - Officials eelseatee by Ministerial Order issued by the Ministpr
of Social Affaire to record laringemeste against the provisions of telt Ltw
and against the orders issued for the caseation thereof, shell here tee
authority of judicial 1:7,e/1ee officers for thews -purposes,
Aglioils 42 - The laployere and their representatives shall be Jolutiz
and 'genii responsible for ear breech of the provisichs of this. La
Assignees to whom operations a_:.e assigred, in -whole or Sn 7121, ehal ail
be jointly responsible 4th the Amployer for the felfilment of all the
charges imposed by the prowlelors of this Law for the benefit of thu worker.
Agtiele 44. legal action institeled in respect of the application tf
the provisions of. this Law ehell be given urgent consideration and the
judge may in all eases order provisional exeemtion.
Aotiole 44..p. The Ministere of Seelal Affairs, Interior and. Justice tre
hereby Charged with the exScutii of this Low whieh will oeee into
force throe months from date of eJblioation in libm-Offielal Journal_
le order that this Law be sealed with the Seal of the
State, publieheT in the Official frparnal nee executed_ as a Law of tie
State.
Made in
(10th Pay 1944).
C)
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