Dr. Saad explained that the rationale for the amendments includes streamlining procedures and reducing administrative burdens on business owners. He emphasized the importance of keeping pace with digital transformation and linking the decree to the ministry’s electronic platforms. He also noted that clarifying ambiguous provisions and balancing the protection of workers’ rights with encouraging investment are essential. Unifying interpretations across different directorates is another key objective.
He stated that the proposed amendments cover the article on
procedures and deadlines. The current timelines would be adjusted to flexible
periods ranging from 30 to 60 days depending on the nature of the activity. Dr.
Saad noted that applications and documents can be submitted electronically
through the ministry’s official platform. The date of electronic registration
will be used to calculate the legal timeframe.
Dr. Saad said the goal of these amendments is to provide
business owners with a realistic timeframe. He added that this would reduce
disputes arising from missed deadlines.
He highlighted the importance of adding a digital
transformation provision. The ministry would adopt electronic signatures and
legally approved digital methods for all procedures under the decree.
Electronic documents will hold the same legal validity as official records.
Regarding penalties for violations, Dr. Saad proposed a
graduated system. First-time violators will be issued a warning and granted a
minimum 15-day correction period before any penalty is applied. Financial
penalties would only apply in cases of repeated violations or failure to
correct the issue.
He also addressed clarifying the competent authority and
appeals process. Appeals against decisions issued under the decree may be
submitted within 30 days of notification. The appeals will be considered by a
central committee appointed by the minister. Decisions of the committee will be
reasoned and administratively final. This ensures transparency and clarity in
the appeals process.
Dr. Saad was asked to propose provisions for sectors with
special characteristics. The minister would issue subsequent regulatory
decisions defining controls for seasonal or temporary sectors, taking into
account their operational nature.
He recommended issuing a simplified procedural guide
explaining the decree and its amendments. He also suggested holding workshops
with the business community before implementation. A clear effective date
should be set, with a transition period of no less than three months.
Recently, the Minister of Labor issued Decree No. 301 of
2025 on objective criteria for selecting workers to be laid off. This decree is
part of implementing the new Labor Law No. 14 of 2025. It regulates the
procedures and standards employers must follow when partially closing
operations, reducing activity, or downsizing the workforce.
The decree applies to all establishments subject to Labor
Law No. 14 of 2025. It covers cases of partial closure, reduced activity, or
workforce reduction for any proven economic, technical, or organizational
reason.
If no collective agreement with objective criteria exists,
the employer must hold serious consultations with the relevant labor union, if
any. This is to identify employees at risk of being laid off at least seven
working days before implementation.
Employers must be transparent when presenting the economic
or technical reasons for selecting employees for potential layoff.