Act No. 98/An/20/8Th Amending And Supplementing Act No. 133/An/05/5Th L Of 28 January 2006 Enacting The Labour Code.

Original Language Title: Loi N° 98/AN/20/8ème L modifiant et complétant la loi n°133/AN/05/5ème L du 28 janvier 2006 portant Code du Travail.

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Act No. 98/AN/20/8th L amending and supplementing Act No. 133/AN/05/5th L of 28 January 2006 bearing Labour Code.

NATIONAL ASSEMBLEE A ADOPTETHE PRESIDENT OF THE PROMULGUE REPUBLICI'll tell you what.




VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/AN/10/6th L of 21 April 2010 revising the Constitution;
VU Law No.133/AN/05/5th L of 28 January 2006 bearing Labour Code;
VU Law No.109/AN/10/6th A partial amendment to the provisions of articles 41, 214 and 215 of Act No.133/AN/05/5th L of 28 January 2006;
VU Law No. 25/AN/18/8th The reorganization of the Ministry of Labour, responsible for the Administration Reform of 27 February 2019;
VU Law No. 212/AN/07/5th The establishment of the National Social Security Fund (CNSS) of 19 January 2008;
VU Law No.61/AN/06/6th L of 11 August 2009 partially amending the provisions of Article 295 of Law No. 133/AN/05/5th L of 26 January 2006 bearing Labour Code;
VU Law No.51 /AN/19/8th L, which partially amended section 113 of Act No. 133/AN/05/5th L of January 28, 2006;
VU Law No. 221/AN/17/8th L amending and supplementing Act No. 133/AN/05/5th L of 28 January 2006 bearing Labour Code;
VU Decree No.2015-211/PR/MTRA on the organization and operation of the National Commission for Safety and Health at Work;
VU Decree No.2017-328/PR/MTRA establishing the conditions for the organization and operation of the National Joint Commission of Collective Agreements and Wages;
VU Decree No.2012-273/PR/MTRA on the organization and operation of the National Labour, Employment and Social Security Council of 30 December 2012;
VU Order No.2019-095/PRE of 05 May 2019 appointing the Prime Minister;
VU Order No.2019-096/PRE of 05 May 2019 appointing members of the Government;
VU Decree No.2019-116/PRE of 26 May 2019 establishing the powers of the Ministries;
VU Circular n°158/PAN of 22/10/2020 convening the first public session of the second regular session of the Year 2020.
The Council of Ministers heard at its meeting on 15 September 2020.


Article 1: It is inserted in Title 6 Chapter 3 of the Law n° 133/AN/05/5th L of 28 January 2006 on the Labour Code, article 205 bis, as follows:

Article 205 bis: Companies and establishments, employing a workforce equal to or greater than eleven (11) workers, prepare and transmit to the General Labour and Social Laws Inspection, before March 31 of each year, an annual statement of the labour force situation (DASMO) of the previous year.
A decree adopted on the proposal of the Minister for Labour, after the advice of the National Labour, Employment and Social Security Council, sets out the modalities for the implementation of this article.
“The rest of the article without change”
- Section 289 of the Labour Code, sees an additional paragraph (e) added.

Article 2: Article 289: - Are punished with a fine of 500,000 FD to 1,000,000fd and in the event of a recurrence of fifteen days' imprisonment and a double fine, or one of these two penalties only:
(a) any employer who has made fines;
(b) any employer who does not respect the rest of the pregnant woman provided for in section 113 and the nursing rest provided for in section 116. The same is true of the person who pronounces or maintains a termination in disregard of the provisions of the article
(c) The perpetrators of offences under articles 87, 94, 96,125 and 137;
(d) any person who has employed a foreign national demuted from a work permit;
(e) any employer who does not comply with the obligation of the annual declaration of the labour force situation (DASMO).

Article 3: This Act comes into force from the date of its promulgation.

Done in Djibouti on 16/11/2020


President of the Republic,
Head of Government
ISMAÏL OMAR GUELLEH