Labor Code Labor inspection and penalties
Labor inspection and sanctions
133-142
The first chapter
in the labor inspection
133-136
Article 133
The competent officials designated by the Minister, by virtue of a decision issued by the Judicial Police, shall have the right to monitor the implementation of this Law and the regulations and decisions implementing it. Each of them shall take the following oath before the Minister:
“I swear by Almighty God to perform my work with honesty, impartiality, honesty and truthfulness, and to keep the confidentiality of the information I have seen by virtue of my work even after the end of my service”.
Article 134
Employees referred to in the preceding Article shall have the right to enter workplaces during the official working hours of the establishment, to have access to records and books and to request data and information related to labor affairs. They may use the general force to carry out their duties.
They shall also have the right to write the minutes of the violations to the employers and give them the necessary time to avoid the violation and refer the minutes of the violations to the competent court to impose the penalty stipulated in this law.
Article 135
In case of violation of the provisions of Articles (83, 84 and 86) of this Law and the decisions issued in implementation thereof in a manner that threatens the pollution of the environment and public health or the health or safety of workers, the competent inspection staff shall prepare a report of the violation and submit it to the competent minister in coordination. With the competent authorities to issue a decision to close the shop in whole or in part or stop the use of a particular machine or machines until the violation is avoided. .
Article 136
The inspection staff shall have the power to issue notifications of irregularities to workers working without a specific duty station. For this purpose, they may seek the assistance of the public authorities and coordinate with the concerned authorities in respect of the goods left by any of the said workers.
Chapter II
of the Penalties
137 – 142
Article 137
Without prejudice to any more severe penalty stipulated in any other law, a fine not exceeding five hundred dinars shall be imposed for any person who violates the provisions of Articles 8 and 35 of this Law.In case of recidivism within three years from the date of the final judgment, the penalty shall be doubled.
Article 138
Without prejudice to any more severe penalty stipulated in any law, any person who violates the provisions of paragraph 3 of Article 10 of this Law shall be punished by imprisonment for a term not exceeding three years and a fine of not less than one thousand dinars and not more than five thousand dinars.
Article 139
In case of violation of the provisions of Article (57) of this law, the employer shall be punished by a fine not exceeding the total of the employees’ dues that he failed to pay, without prejudice to his obligations to pay these dues to the employees in the same procedures stipulated in Article (57).
Article 140
Without prejudice to any more severe penalty stipulated in any other law, a fine not exceeding one thousand Dinars shall be imposed on any person who fails to enable the competent officials specified by the Minister to perform their duties stipulated in Articles (133 and 134) of this Law.
Article 141:
Without prejudice to any more severe penalty stipulated in any other law, any person who violates the rest of the provisions of this law and the resolutions implementing it shall be punished in the following
manner : (a ) A violator shall be notified of the violation within a period specified by the Ministry, provided that it does not exceed three months.
If the violation is not destroyed within the specified period, the violator shall be punished with a fine not less than one hundred dinars and not more than two hundred dinars for each worker for whom the violation was committed.In case of recidivism within three years from the date of the final judgment, the penalty shall be doubled.
Article 142
Whoever violates the order of suspension or closure issued pursuant to the provisions of Article (135) without prejudice to the violations committed by the competent inspector shall be punished by imprisonment for a period not exceeding six months and a fine not exceeding one thousand dinars or by either penalty.
Section VII
Final Provisions
143-150
Article 143
A consultative committee for labor affairs shall be formed by a resolution comprising representatives of the ministry, the workforce restructuring body, the executive apparatus, employers ‘and workers’ organizations, and the minister’s opinion.
Article 144:
Upon denial, one year from the date of expiry of the contract of employment shall not be heard by the workers pursuant to the provisions of this Law. The provisions of paragraph (2) of Article (442) of the Civil Code shall be subject to denial. Cases filed by workers or their beneficiaries shall be exempted from judicial fees. The court may, when dismissing the cases, adjudicate all or part of the expenses of the applicant and consider labor cases as a matter of urgency.
Article 145
Notwithstanding the provisions of Article 1074 of the Civil Code, the rights of workers established in accordance with the provisions of this Law shall have the right of concession on all movable and immovable property of the employer, except for private housing.These amounts shall be collected after judicial expenses, amounts due to the public treasury, and conservation and repair expenses.
Article 146
The case shall be preceded by a request submitted by the worker or his beneficiaries to the competent labor administration.The Department shall summon the parties to the dispute or their representatives.If the administration fails to settle the dispute amicably, it shall, within one month from the date of submitting the application, refer it to the plenary court for adjudication.
The referral shall be by a memorandum containing a summary of the dispute, the parties’ arguments and the administration’s observations. .
Article 147
The court clerk shall, within three days from the date of receipt of the application, determine a hearing to be heard by the parties to the dispute.
Article 148:
The Minister shall issue the regulations and decisions necessary for the implementation of this law within six months from the date of publication of this law in the Official Gazette and in consultation with employers and workers.
Article 149
Law No. 38 of 1964 concerning employment in the private sector shall be repealed. Workers shall retain all the rights resulting therefrom prior to its abolition. All decisions issued in implementation thereof shall remain in force and shall not conflict with the provisions of this law until the issuance of the regulations and decisions necessary for its implementation.
Article 150
The Prime Minister and the Ministers, each in his respective capacity, shall implement this Law which shall come into force from the date of its publication in the Official Gazette.
