Labor Law in Libya
The outlined employment laws cover employee rights, health and safety standards, access to healthcare, accommodation, equal treatment, grievance procedures, collective bargaining, social security, legal remedies, and compliance. Key aspects include fair remuneration, work conditions, training, dispute resolution, and specific protections for women and youth workers.
1. Understanding Employment Laws :
o Article (142): States that the employee must enjoy all the rights prescribed by law and regulations issued under it, without reduction, suspension, or refusal, except in accordance with the law. Rights include appropriate training and the receipt of bonuses, allowances, or incentives determined by the regulations.
o Article (145): Specifies that the regulations will determine other financial remuneration and professional benefits, including family allowances, housing allowances, and overtime.
2. Health and Safety Standards:
o Article (142): Mentions the obligation of the administrative unit to provide special services and transactions for the employee during the execution of their work.
o Article (145): Implies that regulations will define the conditions and necessary allowances based on the nature of the work or its conditions.
3. Access to Healthcare:
o Article (145): Provides for housing allowances if no professional housing is available.
4. Accommodation and Living Conditions:
o Article (145): Discusses other financial rights and professional benefits, including family and housing allowances.
5. Equal Treatment and Non-Discrimination:
o Article (142): Ensures that the employee’s rights cannot be reduced, suspended, or refused except in accordance with the law.
o Article (146): Establishes the conditions for employee transfers, ensuring they do not miss promotion opportunities within one year.
6. Grievance Procedures:
o Article (155): Establishes the disciplinary sanctions that can be imposed on employees, including reprimand, salary reduction, and dismissal.
7. Collective Bargaining and Union Rights:
o Article (142): Affirms the employee’s right to all rights prescribed by law and regulations.
o Article (146): Deals with employee transfers for the needs of public interest.
8. Social Security and Benefits:
o Article (142): States the employee’s right to all rights prescribed by law and regulations.
9. Legal Remedies for Violations:
o Article (155): Establishes disciplinary sanctions that can be imposed on employees in case of violation of duties or prohibitions.
10. Compliance and Due Diligence:
o Article (142): Ensures that employee rights cannot be reduced, suspended, or refused except in accordance with the law.
Key Points :
1. Employment Offices (Article 6):
o Employment offices organize job seekers' affairs and offer opportunities to obtain employment.
o Every capable and willing citizen must register in the job seekers' system through employment offices, providing information such as age, profession, qualifications, gender, address, and previous experience.
o Employment offices cannot charge job seekers for their services.
2. Work and Employment System (Article 11):
o Workers must comply with laws, rules, and instructions related to their work.
o They must perform their work with precision and honesty, follow employer instructions, and adhere to work hours.
o Work hours should not exceed 48 hours per week and 10 hours per day.
o Every worker is entitled to a paid weekly rest of at least 24 hours, usually on Friday.
3. Advisory Committee on Wage Policy (Article 19):
o An advisory committee is formed to propose general policy on wage determination.
o It comprises representatives from trade unions, employers, and workers.
4. Equal Pay (Article 21):
o Remuneration for work of equal value must not differentiate based on gender, race, religion, or color.
5. Compensation for Damages (Article 22):
o Workers are required to compensate for material damages caused to the employer.
o A commission assesses the compensation payable.
6. Special Working Conditions (Article 23):
o For those working in remote areas, employers must facilitate access to workplaces, provide adequate housing and meals.
o Meals must be provided in specially designated spaces, according to regulations.
7. Women Employment (Articles 24-26) :
o Women cannot be employed in jobs unsuitable for their nature, determined by the General People's Committee.
o Women are entitled to fourteen weeks of maternity leave, with at least six weeks post-delivery. This leave is extended to sixteen weeks in the case of multiple births.
o Employers must establish daycare spaces for children of employed women.
o Specific provisions regarding women's employment will be detailed in the executive regulations of this law.
8. Youth Employment (Articles 27-28) :
o Youth under eighteen cannot work, except those aged sixteen and engaged in professional training.
o Youth work hours must not exceed six hours per day, with rest and meal periods totaling at least one hour.
o Youth cannot work on weekly rest days, public holidays, or at night.
9. Leaves (Articles 30-36) :
o Annual leave is thirty days per year, increased to forty-five days for workers over fifty or with more than twenty years of service.
o Workers cannot waive their leave, which cannot be prevented, postponed, or reduced except for work needs.
o Workers are entitled to paid sick leave up to forty-five consecutive days or sixty intermittent days per year.
o Special leaves, such as for marriage, Hajj, or spouse's death, are granted with full salary for specific periods.
10. Medical Examinations (Article 37) :
o Employers must conduct a medical examination of potential recruits before employment to ensure safety and physical fitness for the job.
o Employers must also conduct periodic inspections of all workers to maintain ongoing physical fitness and safety.
o Executive regulations will specify the responsible body for these tests and determine fitness levels and mental and psychological capacities on which these tests are based.
11. Occupational Disease Insurance (Article 38) :
o Employers must ensure workers are insured against occupational diseases and work hazards and must provide necessary healthcare and social protection for them and their families.
12. Worker Training and Protection (Article 39) :
o Employers must train workers on necessary job performance bases, inform them of hazards before starting tasks, and require the use of prescribed protection means.
o Workers must commit to using necessary protection means, maintaining them, and following instructions to avoid workplace injuries.
13. Accident Notification (Article 40) :
o Employers must inform the relevant employment office in writing of any accident resulting in death or injury preventing the worker from working within 48 hours of the accident date.
14. Social Solidarity Fund (Article 41) :
o A social solidarity fund can be established within the enterprise, funded partly by amounts included annually in its budget, supplemented by worker contributions.
15. Employment Termination (Articles 42-45) :
o Worker or employee services can be terminated for reasons such as legal age, physical unfitness, resignation, conviction for serious crimes, or death.
o The end of service age is 65 for men and 60 for women and workers in health-harmful professions or industries, except exemptions specified in the regulations.
o In case of work unfitness, the worker can be dismissed by employer decision after examination by a competent medical committee.
16. Health and Safety Measures (Article 46) :
o Employers must take all necessary measures to protect worker safety and health while respecting good practices and moral standards within the institution.
o Workers must be informed in writing at hiring about procedural rules, work hours, weekly rest, safety measures, and professional risk prevention, as well as details of insurance against workplace accidents and occupational diseases.
17. Production-Based Remuneration (Article 47) :
o When work remuneration is a share of production or service income, employers must pay workers a monthly cash remuneration to cover daily expenses for themselves and their families.
18. Gender Equality and Partner Rights (Articles 54-57) :
o Partners, both men and women, have equal rights and duties, considering women's rights during pregnancy, childbirth, maternity leave, etc.
o Partners must share tasks and each must perform specific work to ensure the economic unit achieves its goal.
19. Notification to Employment Office (Article 52) :
o All employers, national and foreign, must inform the relevant employment office of various data concerning their enterprise and project, such as economic activity type, number of workers to be employed, etc.
20. Dissolution and Liquidation of Enterprise (Article 49) :
o The dissolution, liquidation, or bankruptcy of the employer or change of ownership does not prejudice the execution of the law’s obligations.
o Employment contracts remain in force for the specified period, and the former employer is jointly responsible with the successor for a year for the execution of all previous obligations.
21. Insurance and Social Security for Partners (Article 66) :
o Partners in enterprises or joint projects must adhere to the system of health insurance, work accidents, occupational diseases, and old age.
22. Work Contract Conclusion (Article 67) :
o The work contract must conform to the model established by the competent authority and can only be executed after approval and verification of its compliance with the law.
o The contract must be written in three copies, in Arabic, and contain all necessary details to determine the rights and obligations of the parties. One copy is given to each party, and the third is kept at the relevant employment office.
23. Probation Period (Article 69) :
o The probation period is thirty working days from the start date. The expiration of this period without a contract termination decision is considered a work confirmation.
24. Contract Duration and Renewal (Article 70) :
o The contract can be concluded for a fixed term, for specific work, or indefinitely.
o A fixed-term contract can be renewed once, but its total duration cannot exceed two years.
o If the parties continue to perform a fixed-term contract after its expiration, it will be considered an indefinite-term contract.
25. Termination of the Contract (Articles 71-75) :
o The contract may be terminated by either party after prior notice in accordance with the provisions of the law.
o Reasons for termination include the suspension of work, cessation of activity for administrative or economic reasons, or failure to meet contractual obligations.
o The contract may be terminated without notice or compensation in the event of a serious breach of the worker's obligations or for reasons such as fraud, prolonged unjustified absence, or behavior endangering the safety or reputation of the company.
26. Severance Pay (Article 78) :
o The worker is entitled to severance pay calculated based on their length of service. This compensation is based on the worker's last salary and is payable in the event of termination of the contract without notice.
27. Liability for Breach of Contract (Article 79) :
o In the event of a breach of contract by the worker, the new employer may be held jointly liable for damages caused to the former employer, particularly if it is proven that they contributed to the breach or knowingly hired a worker already engaged elsewhere.
28. Professional Training (Articles 81-83) :
o Employers are required to accept a number of job seekers equal to 20% of the total number of their foreign workers to train them in a specific trade or job.
o The professional training contract must be written in Arabic and specify the duration of the training, the stages, and the remuneration for each stage.
o The employer may terminate the training contract if it is proven that the trainee is not qualified or willing to learn the trade or craft.
29. Domestic Work (Articles 85-100) :
o Domestic work is permitted only in cases of extreme necessity, such as the inability of parents to take care of children or the household.
o Domestic work includes meal preparation, housekeeping, care for the elderly or sick, and other specific tasks.
o Employers must register individuals wishing to work in the domestic sector with the competent employment office.
o Domestic work is regulated by a written contract approved by the competent authority, specifying the rights and duties of the worker, as well as the conditions of work and accommodation.
30. Rights and Responsibilities (Articles 93-99) :
o The employer must treat the domestic worker humanely and not employ them in dangerous tasks or contrary to the contract.
o The domestic worker may not work for another person without the written consent of the employer.
o The employer may not discriminate against domestic workers and must respect their rights, including the right to join unions and benefit from social security.
31. Work Inspection (Article 100) :
o The employer must allow the labor inspector to verify the working and living conditions of domestic workers to ensure compliance with labor laws and regulations.
32. Labor Disputes (Articles 101-106) :
o Any labor dispute between one or more employers and the worker, all workers, or a group thereof working for the employer must be adjudicated in accordance with this law. A dispute is considered collective if it concerns at least 25% of the workers, provided they are not less than ten.
o Disputes must be resolved by voluntary arbitration at the request of both parties. In the absence of an agreement, the dispute is referred to the conciliation committee and the arbitration committee as provided by law.
o A conciliation committee and an arbitration committee are constituted, comprising representatives of the competent authority, the employer, and the relevant union. The arbitration committee is chaired by the senior judge.
33. Dispute Procedures (Articles 107-108) :
o A worker dismissed without justification may request the suspension of this dismissal. The employment office must attempt to settle the dispute amicably; otherwise, the dispute is referred to the competent court.
o Dismissal proceedings are considered to result from the employment contract, with implications for the court's jurisdiction, prescription, and the appeal of judgments.
34. Work Inspection (Articles 110-114) :
o Labor inspectors are appointed by decision of the General People's Committee and have the right to monitor employers.
o They have the right to enter workplaces freely at any time for inspections, consult documents, and request relevant information.
35. Sanctions (Articles 115-121) :
o Offenses and corresponding sanctions are established by decision of the General People's Committee.
o Employers may establish their own regulations regarding sanctions, subject to approval by the competent authority. Sanctions can only be applied for work-related violations.
o Workers cannot be prosecuted for an offense disclosed more than thirty days prior, and no sanction can be imposed more than sixty days after the date of the violation.
o Sanctions can only be combined within certain limits, and no worker can be sanctioned without being informed of the attributed violation and without having the opportunity to defend themselves.
36. Administrative Organization of Positions (Articles 122-141) :
o Public administrative units are established and their competencies determined by decisions of the General People's Committee.
o Positions are filled by appointment, contract, promotion, secondment, or transfer, with specific rules governing promotion, probation, and required qualifications.
This set of articles covers various aspects of employee rights and responsibilities in the public sector, emphasizing transfers, secondments, detachments, professional responsibility, and discipline.
In Articles 143 to 145, it is specified that employees will benefit from annual allowances and incentive systems to improve performance and streamline expenses. Financial rights and other benefits, such as family and housing allowances, are also specified.
Chapter 4 deals with transfers, secondments, and detachments. The conditions and procedures for these actions are described in detail, including transfer and delegation criteria, as well as associated financial allowances.
Chapter 5 addresses professional responsibility, emphasizing that each superior is responsible for their work and that of their subordinates. The duties of department heads are detailed, including developing work methods and supervising performance.
Finally, Chapter 6 addresses workplace discipline. The applicable offenses and sanctions are specified, as well as the procedures to follow before imposing disciplinary sanctions.
These articles aim to establish a clear legal framework for managing public sector employees, ensuring both their rights and responsibilities within the organization.