SCSLD 432/2/347/2011

This case involved a request by the General Prosecution of the Labour office for an employee and employer to be punished under Article 38 of the labour law. This was rejected as the employee was a farmer and this profession was not covered by the labour law.

Background

The General Prosecutor of the Labour Office filed a case before the First Instance Authority for Settlement of Labour Disputes (FIASLD) against an employee and an employer requesting their punishment for violating Article 38 of the Labour Law.

The FIASLD issued a ruling dismissing the case on the violation of the employee because it did not have the power to consider this claim and dismissed the case against the employer because no evidence was provided by the Office.

Decision

The General Prosecutor filed an appeal before SLHASLD, which examined the case and said given that the employee was farmer and this was a profession which was not subject to the Labour Law and could not be subject to Article 38 of the Labour Law under Article 7 of the Labour Law they upheld the appealed ruling.