Hassan Al -Sitry
The Parliamentary Services Committee rejected a draft law to amend some provisions of the Labor Law in the private sector issued by Law No. (36) of 2012, which includes granting the employer 30 days to renew the work permit, to avoid the punishment established under Article 36 of the Labor Market Regulatory Law.
The committee justified its refusal that it found that the foundations on which the draft law is represented in contributing to reducing the cases filed against employers by the authority before the judiciary, avoiding the employer in the violation, and set it up to stop his activities, reduce irregular employment, implement control and enhance supervision of the labor market, and these goals have been achieved through decree by Law No. (12) of 2024 regarding amending Article (40) of the law regulating the labor market The House of Representatives had previously agreed to it in the twelfth regular session, as it dealt with the desired goals of the proposed project in a more flexible and realistic way, and in a way that balances the support of business owners and commitment to the law.
The committee emphasized that the decree of a law that enriches the project by law in terms of reducing the burdens on business owners as a result of imposing the penalties mentioned in Article (1/36) of Law No. (11) of 2006 regarding the regulation of the relevant labor market using the employer for the foreign worker without the issuance of a work permit on it or the foreign worker practiced any work without a work permit on it, and by reducing the amounts of fines imposed on the violations related to the end Work permits through reconciliation, which helps in reducing financial burdens on business owners, especially since the decree of a law has followed a gradual approach to imposing fines, instead of imposing one fine with a large amount, as it stipulated in Article (40) paragraph (a) that is replaced by the reconciliation in the crime stipulated in paragraph (B) of Article (23) of this law, by paying the amount of five hundred dinars, and the reconciliation is in the case A thousand dinars.
The committee stated that in the event that the employer is seized, the foreign worker is used after the end of the work permit within the thirty days following the end of the permit, the reconciliation is according to the following: (1) to pay the amount of one hundred dinars, in the event that the violation is seized within the ten days following the end of the permit. (2) The violation after the lapse of twenty days and before the lapse of thirty days following the end of the permit.
In the event that the employer is seized, the foreign worker is used after the end of the work permit after the lapse of the thirty days following the expiry of the work permit, the reconciliation of the minimum fine for the crime.
The committee stressed the importance of enhancing commitment to the law through Decree Law No. (12) for the year 2024, which created flexible and practical solutions through gradient in the reconciliation amounts, which reduces financial burdens on business owners, especially since these amendments actually address violations in a way that helps employers, limits the need for more legislative amendments, especially in the draft law offered, reduces the number of lawsuits, and encourages owners Business is to comply with the application of the law, and this is compatible with the primary goal of the draft law by alleviating administrative burdens and violations, without the need for an additional amendment.
