Law No. 12 of 2010 regarding the issuing of Labor Relations Law
- Category: Laws
- Date: July 28, 2010
- No: 12
- Source: General Peoples' Congress
- Sector: Labor and Rehabilitation
- Status: Effective
Law No. 12 of 2010 regarding the issuing of Labor Relations Law
The General People's Congress,
- Implementing the decisions of the basic popular conferences during their annual sessions of 1377 H. (Hijri).
- After reviewing the announcement of the establishment of the authority of the people.
- And the Great Green Document of Human Rights in the era of the masses.
- And Law No. 20 of 1991 concerning the enhancement of freedom.
- And Law No. 1 of 1375 H. regarding the system of work of popular conferences and popular committees.
- And Law No. 58 of 1970 concerning labor and its amendments.
- And the Commercial Law and its amendments.
- And Law No. 65 of 1970 concerning the determination of some provisions for traders and commercial companies and their supervision.
- And Civil Service Law No. 55 of 1976 and its amendments.
- And Law No. 93 of 1976 concerning industrial security and occupational safety.
- And Law No. 15 of 1981 concerning the salary system for national workers in the Libyan Arab Popular Socialist Jamahiriya and its amendments.
- And Law No. 3 of 1985 concerning the rules for purifying administrative bodies.
- And Law No. 9 of 1985 concerning provisions related to cooperatives and its amendments.
- And Law No. 22 of 1985 concerning combating the misuse of office or profession and deviating from acts of popular escalation.
- And Law No. 1 of 1987 concerning temporary appointment.
- And Law No. 8 of 1988 concerning some provisions related to economic activity.
- And Law No. 22 of 1979 concerning industrial organization.
- And Law No. 10 of 1423 H. concerning purification.
- And Law No. 19 of 1428 H. concerning the organization of administrative unit services for its members.
- And Law No. 23 of 1428 H. concerning unions, associations, and professional associations.
- And Law No. 6 of 1430 H. concerning the participatory system in the field of education and health and its amendments.
- And Law No. 21 of 1369 H. determining some provisions regarding the practice of economic activities, as amended by Law No. 1 of 1372 H.
- And Law No. 26 of 1369 H. determining some provisions regarding public service.
- And Law No. 3 of 1374 H. concerning public sector companies.
- And Law No. 2 of 1375 H. regulating popular inspection and supervision.
- And Law No. 3 of 1375 H. concerning the establishment and organization of the Financial Audit Authority.
Issued the following law:
Article 1
Regarding labor relations in the Great Socialist People's Libyan Arab Jamahiriya, the provisions of the attached law shall apply.
Article 2
The executive regulations for this law shall be issued by a decision of the General People's Committee, and shall include the implementing provisions of this law, particularly the following:
- Defining the authorities that can be exercised by holders of senior administrative and supervisory positions in cases of emergencies, disasters, and urgent circumstances.
- Provisions and regulations governing the leaves specified in this law.
- Provisions and regulations related to training, incentives, and encouragement rewards.
- Penalties for failure to carry out transfers.
- Appointment to positions for those engaged on a full-time basis.
- A part-time work system for women.
- Defining the allocation of a percentage of positions in the staff to disabled individuals.
- Guidelines for delegation of authority.
- Guidelines and standards for preparing salary scales.
- Procedures for presenting disputes to reconciliation and arbitration boards.
- The working system of the Social Solidarity Fund.
- Defining compulsory work and other included tasks.
Until these regulations and decisions specified in the law are issued, the regulations and decisions in force at the time of the enforcement of this law shall continue to apply, insofar as they do not conflict with its provisions.
Article 3
The General People's Committee shall issue a decision to organize the records, registers, notifications, warnings, notices, and necessary forms for the implementation of this law and to determine their formats.
Article 4
Law No. 58 of 1970, Law No. 55 of 1976, and Law No. 15 of 1981, referred to herein, shall be repealed, as well as any provision that contradicts the provisions of this law.
Article 5
This law shall be published in the Legislative Gazette and shall come into effect from the date of its publication.
- General People's Congress
- Issued on: Sirte, dated Safar 13, 1378 H. (Hijri)
- Corresponding to: July 28, 2010 AD
Table of Contents
Preliminary Section
Article 1
Labor relations among citizens in the Great Socialist People's Libyan Arab Jamahiriya are free relations aimed at eliminating wage slavery and establishing partnership in the economic unity they create. This partnership shall be among them, and it is permissible to include non-Libyans. Exceptions to this can be the cases where compensated work is allowed in public entities or in situations where the concerned party prefers not to engage in participation, as stipulated in this law.
Article 2
Work in the Great Jamahiriya is a right for all citizens, males and females alike. It is their duty and is based on the principle of equality in utilization among themselves or between them and other resident foreigners in the Great Jamahiriya. It is legally prohibited to force labor, compel labor, and the manifestations of oppression and exploitation are strictly prohibited.
Article 3
Occupying positions and professions in all work and production sites shall be based on the principles of competence, capability, ability, and merit. Selection among candidates shall be based on integrity, transparency, and fairness, and favoritism or discrimination due to union affiliation, social origin, or any other discriminatory ties is strictly prohibited.
Article 4
The provisions of this law shall apply to all labor relations in the Great Jamahiriya, whether they are statutory, contractual, or participatory, and whether the remuneration for work is a share in the economic activity's return or a monetary amount. Exceptions to this include workers whose situations are regulated by special laws or regulations, as well as workers in family activities, spouses, and heirs.
Article 5
In the implementation of the provisions of this law, the phrases and terms used herein shall carry their corresponding meanings unless the context indicates otherwise:
Great Jamahiriya: The Great Libyan Arab Socialist People's Jamahiriya.
Economic Unity: The structure established by partners for their economic activity, whether it is a cooperative, a company, a factory, or others.
Administrative Unity: The general legal entity established by the General People's Congress or the General People's Committee.
Employer: Any natural or legal person, whether private or public, who employs one or more workers in exchange.
Partner: Any natural person who contributes with effort or capital in an economic unity.
Participation: Any economic activity in which multiple natural persons voluntarily engage together, either contributing effort, capital, or both.
Work: Any mental or physical effort provided in exchange, whether permanently or temporarily.
Compulsory Labor: Any work or services that any person is obliged to perform under threat, and has not volunteered to do so by their own choice. Exclusions to this include:
- Work or services performed under laws of military or national service.
- Work or services that are part of the natural civic duties of citizens and members of society, and simple social services performed by members of society for direct benefit.
- Work or services that individuals are required to perform based on a court ruling from a competent court, provided that these works or services are performed under the supervision and control of the relevant authority.
- Work or services required to be performed in emergency situations such as wars, disasters, or the presence of imminent catastrophes like floods, fires, famine, epidemic outbreaks, or disease.
Position: A set of qualifications, duties, responsibilities, and authorities assigned a number in the administrative unit's staff.
Worker: Any natural person who commits to exerting effort under the supervision and control of the employer in exchange, whether in the form of a share in production or a monetary amount.
Employee: Anyone occupying one of the positions within the administrative unit.
Young Worker: Any natural person who has reached the age of sixteen and has not yet reached the age of eighteen.
Working Hours: The time during which the worker or employee is at the disposal of the employer, including periods designated for rest or meals.
Temporary Work: Work that, due to its nature, requires completion within a specified period not exceeding six months.
Casual Work: Work that, by nature, does not fall within the activity performed by the employer and does not last more than six months in a year.
Seasonal Work: Work performed during a specific season or period of the year, which does not require more than three months for completion.
Night Work: Work performed during the period between sunset and sunrise.
Overtime Work: Work performed during hours that exceed the legally prescribed basic working hours.
Employment Contract: Any agreement between the employer and the worker, by which the worker commits to work for the employer, under its management and supervision, in return for a share of the production, service, or monetary compensation.
Remuneration: What is given to the worker in return for their effort according to the employment contract, whether it is a share, a return from production or service, or a monetary amount, including bonuses, allowances, and other legitimate benefits under existing legislation.
Basic Salary: The financial consideration designated for the position the employee holds within the administrative unit, according to the salary scales in proportion to the effort exerted in performing the job duties and the magnitude of the responsibilities associated with it.
Salary: The basic salary plus all other bonuses, allowances, incentives, rewards, and other financial benefits prescribed by existing legislation, paid directly or indirectly by the employer to the workers.
Work-Related Injury: An injury that affects the worker or employee, arising from or occurring during work, including injuries that occur while traveling to or from their workplace, provided that the travel to and from is without delay or deviation from the normal route. Also, any occupational disease as determined by the executive regulations.
Job Group: The framework that organizes the main or specialized job groups. Each main job group consists of a collection of specialized jobs that are similar in type of work but differ in terms of responsibilities and duties. The specialized job group represents the natural hierarchy for promotion from one job to another.
People's Committee: The People's Committee of the General Administrative Unit.
Competent Authority: The Ministry of Labor and Training or its authorized equivalent.
Authorized Secretary: The Secretary of the General People's Committee for the relevant sector or their equivalent authority.
Section One General and Common Provisions
Chapter One Employment Offices
Article 6
Employment offices are responsible for organizing the affairs of job seekers and facilitating opportunities for obtaining employment. Every capable citizen who desires employment shall request to have their name registered in the job seeker system through automated registration or by visiting the employment office located within their place of residence. The registration should include details such as age, profession, qualifications, gender, address, and previous work experience, if any, along with any other required information. The competent employment office shall enter the applications into the job seeker system and categorize them based on qualifications, specialization, and gender. The job seeker shall be issued an employment seeker card from the date of registration. Employment offices are prohibited from charging job seekers for the services provided.
Article 7
Employers are permitted to contract with workers through authorized entities responsible for verifying their qualifications and experience, and excluding them if their incompetence is proven. The contract must ensure the rights of the worker, and the employer must directly contract with the worker. The employer shall provide compensation of equal value to workers engaged in such work and ensure parity with other workers in all rights.
Article 8
All employers are required to submit their workforce needs to employment offices within their jurisdiction, and they are obliged to accept assigned workers within the limits of their requests. The competent authority shall issue regulations governing the announcement of vacancies and conditions for employment. No employment or contract is permissible unless the worker is registered with an employment office and holds a valid job seeker card.
Article 9
Non-nationals are prohibited from engaging in any work without obtaining authorization from the competent authority. Employers are not allowed to recruit, contract, or enable non-nationals to work without prior approval from the competent authority. The competent authority shall issue a decree specifying the regulations and conditions for employing foreigners and the professions in which foreigners may be accepted.
Article 10
Employers are required to maintain a separate file for each worker, including their name, profession, marital status, national ID number, address, monetary compensation received, a copy of the employment contract, and other relevant documents. This file should also document the worker's leave, allowances, assigned tasks, and any penalties incurred.
Chapter Two Employment and Utilization System
Article 11
The worker or employee must adhere to all provisions of laws, regulations, and instructions governing the performance of their work duties, including the following:
- Perform assigned work personally, accurately, and honestly.
- Allocate official working hours for the completion of job tasks and follow work-related instructions.
- Comply with the work-related instructions provided by the employer, unless they conflict with the contract, law, regulations, public ethics, or endanger the worker.
- Safeguard tools, equipment, documents, or any work-related items provided by the employer, and use them for their designated purposes.
- Maintain the confidentiality of work-related information even after the termination of employment.
- Adhere to working hours.
- Respect superiors and colleagues and cooperate with them.
- Interact positively with the public and handle their transactions promptly.
- Follow the administrative hierarchy in work-related matters.
- Enhance their knowledge and professional competence, familiarize themselves with the laws, regulations, and instructions pertaining to their work, and provide suggestions for improving work methods and performance.
- Adhere to safety and security systems at the workplace and implement instructions for ensuring the health and safety of workers and preventing injuries.
- Uphold the honor and dignity of the profession and adhere to its ethics.
- Provide assistance and support in cases of disasters or emergencies that threaten the workplace and its employees, without expecting compensation.
- Commence work within a month of completing studies, training, assignment, secondment, or discharge from national service, exceeding one year or within one week if less, unless authorized by the employer for an extended period.
- Familiarize oneself with the work systems and procedures of the employing entity and monitor any changes that occur.
- Notify the employer of any change in residential address.
Article 12
The worker or employee is prohibited from engaging personally or indirectly in any prohibited or unlawful activity under the laws, regulations, or established systems, including:
- Working for others, whether for compensation or not, without obtaining permission from their original employer.
- Accepting gifts or other items for performing their duties.
- Engaging in nepotism or utilizing their position to gain direct or indirect benefits for themselves or others.
- Purchasing real estate or movable property offered for sale by judicial or administrative authorities if related to their work duties.
- Engaging in commercial activities or having an interest in tenders, bids, contracts, or agreements related to their work duties.
- Renting property for the purpose of utilizing it within the scope of their job duties.
- Using work facilities and equipment for personal gain.
- Claiming undue influence.
- Withholding official documents without justification or removing documents from designated files or transferring documents outside the workplace without authorization.
- Engaging in or inciting any act of sexual harassment.
- Violating industrial safety and public security measures within the workplace.
- Preparing or disseminating articles or publications with a political bias opposing the goals of the state or fundamental principles of society, or inciting people against such matters.
Article 13
Working hours shall not exceed forty-eight hours per week, and a maximum of ten working hours per day. However, working hours may be reduced for certain categories of workers in industries or occupations specified by a decision from the General People's Committee based on a proposal from the relevant authority.
Article 14
Every worker or employee is entitled to a weekly rest period of no less than twenty-four consecutive hours, preferably on Friday. Exceptions to this may be allowed in remote areas or in occupations that require continuous work due to the nature of the work or operational conditions, where the weekly rest period and official holidays can be combined and granted as a single block, not exceeding a total period of eight weeks.
Article 15
The provisions of the preceding two articles shall not apply to emergency situations to prevent accidents, rectify arising issues, or avoid substantial losses of perishable materials, provided that the competent employment office is notified within twenty-four hours, specifying the emergency situation and the necessary duration for completing the work. These provisions also do not apply to workers engaged in cleanliness within the workplace, security guards, workers on shift systems, and those responsible for attending to public needs. The conditions of these workers shall be regulated by a separate regulation issued by the General People's Committee based on a proposal from the relevant authority. In all cases, the average working hours should not exceed eight hours per day or forty-eight hours per week over a three-week period.
Article 16
If a worker or employee works on their weekly rest day, they must be given an alternative day off within the following three days or compensated with an additional payment equivalent to their regular pay rate for the hours worked on their rest day. In case of working additional hours to meet work demands, the worker shall receive, in addition to their regular payment, an additional payment of no less than 50% increase on the regular payment, provided that the total hours of overtime work do not exceed three hours per day.
Article 17
Working hours must include a period of one hour or more for prayer, meals, and rest, with a total not exceeding one hour. In determining this period, the worker shall not work for more than six consecutive hours. The competent authority shall specify cases and occupations in which, due to technical reasons or operational conditions, work may continue without a rest period. The decision shall also specify strenuous and exhausting tasks where rest periods shall be granted, calculated from actual working hours.
Article 18
An advisory committee shall be established, whose role is to provide recommendations and advice on labor matters, especially in the following areas:
- Proposals related to labor legislation.
- Proposals related to organizing work processes and enhancing productivity.
- Improving working conditions.
- Supervising the policy of vocational training within the defined industry levels.
- Regulating social relations between workers and employers and creating opportunities for cooperation.
The formation and operational procedures of this committee shall be determined by a decision from the competent authority, ensuring representation of both workers and employers in the committee.
Article 19
Upon the recommendation of the competent authority, the General People's Committee shall establish an advisory council called the “Labor Remuneration Advisory Council,” which aims to propose the general labor remuneration policy and determine its levels.
The council shall consist of a representative from the competent authority as the chairman, and members from labor unions, employers, and workers.
The competent authority shall issue a decision regulating the council's operation, meeting schedule, how its recommendations are issued, and the duration of membership.
The council shall always be guided in its recommendations by custom, fairness, social and economic circumstances, with its main goal being to increase production and ensure fair remuneration to meet the basic needs of workers.
Article 20
The General People's Committee, based on the recommendation of the competent authority and the specialized advisory council, may issue resolutions to establish the minimum wage or make amendments to it.
Article 21
Discrimination in financial remuneration for work of equal value based on gender, race, religion, or color is prohibited.
Article 22
If a worker or employee causes loss, damage, or destruction of materials, machinery, products owned by the employer, or any materials in their custody due to their mistake, they shall be liable to provide necessary compensation. The compensation shall be determined by a committee formed in each employment office by a decision of the competent authority. The executive regulations shall specify the committee's composition, responsibilities, and the procedure for appealing its decisions.
Article 23
Employers in remote areas, mines, oil exploration or extraction zones shall ensure access for workers to workplaces, provide suitable housing, and offer meals at designated locations. The executive regulations shall determine the specifications and requirements for the mentioned housing and the conditions for benefiting from it, as well as the types and quantities of meals per meal and the responsibilities of the beneficiary. Under no circumstances shall meals be substituted for any cash allowance.
Chapter Three Employment of Women and Minors
Article 24
It is not permissible to employ women in jobs that are incompatible with their nature and characteristics, as determined by a decision from the General People's Committee. Discrimination against women in treatment, utilization, and compensation for work of equal value is prohibited. The working hours for women may be reduced in certain professions and occupations as determined by the General People's Committee, taking into consideration the needs of work and the number of male and female workers, as specified in the executive regulations of this law.
Article 25
Women have the right to maternity leave with compensation for a duration of fourteen weeks, upon presenting a medical certificate indicating the expected date of childbirth. This leave includes a mandatory period after childbirth of not less than six weeks. Maternity leave is extended to sixteen weeks if the woman gives birth to more than one child. The employment of a woman during her pregnancy or during her absence on maternity leave shall not be terminated except for justified reasons unrelated to pregnancy, childbirth, their complications, or breastfeeding.
Additionally, a working woman within the eighteen months following the date of childbirth has the right to take breaks from work during working hours for a total of no less than one hour in order to breastfeed her child. These working hours during breastfeeding shall be compensated.
Article 26
Employers who hire women with children must provide designated childcare facilities. More than one employer may jointly allocate places for childcare facilities for their female workers. The executive regulations of this law shall specify the conditions and regulations related to organizing the employment of women.
Article 27
Individuals under the age of eighteen are not allowed to engage in any type of work. An exception to the preceding paragraph allows for individuals aged sixteen to engage in work provided their health, safety, morals are preserved, and their employment is for the purpose of receiving education or vocational training.
Article 28
It is not permissible to employ minors in work for more than six hours per day, including one or more breaks for rest and meals, totaling no less than one hour, and the minor shall not work for more than four consecutive hours. Minors are not allowed to work on weekends, official holidays, or during the night. The General People's Committee specifies the types of work and cases in which minors are allowed to work, along with the procedures, conditions, and circumstances of such work.
Article 29
In the event of employing one or more minors, the employer must place a copy of the provisions concerning the employment of minors in the workplace and notify the labor office of the names, ages, dates of employment, and tasks assigned to the minors. A schedule indicating working hours and rest periods for minors must also be displayed conspicuously at the workplace.
Chapter Four Leaves
Article 30
Annual leave shall be thirty days per year, and forty-five days per year for those who have reached the age of fifty or have completed more than twenty years of service. The worker or employee shall not waive, be prevented from, postponed, or have their leave cut, except for necessity dictated by the interest of work or upon their request. In all cases, the worker or employee must enjoy a continuous leave of not less than fifteen days per year.
Article 31
The worker or employee is entitled to emergency leave for compelling reasons that prevent them from obtaining prior permission from their superiors for their absence. Upon their return to work, they must provide justification for their absence. Emergency leave cannot exceed three days at a time, and the total number of days shall not exceed twelve days per year. This right is forfeited if not used within a year. Emergency leave is not counted as part of annual leave.
Article 32
Upon the termination of their service, the worker or employee is entitled to a cash compensation calculated based on their salary for the annual leave they have not taken for the benefit of work. The worker or employee is not entitled to compensation for unused leave if the postponement is based on their request, except for a maximum of six months.
Article 33
The worker or employee has the right to sick leave with pay or salary for a period not exceeding forty-five consecutive days or sixty non-consecutive days per year.
Sick leave is granted based on a medical report from an accredited doctor. If the worker or employee falls ill while abroad, sick leave is granted based on a medical report from the doctor accredited by the diplomatic mission of the Great Jamahiriya or its equivalent.
If the sick leave granted to the worker or employee during the year exceeds the duration mentioned in the preceding paragraph, the matter shall be referred to the specialized medical committee, and the provisions stipulated in the Social Security Law shall be applied to it. In all cases, the duration of sick leave granted to the worker or employee in accordance with the provisions of this Article shall not exceed three months per year.
Article 34
The worker or employee shall have the right to special leave with full pay in the following cases:
A. To perform the pilgrimage (Hajj), which shall be for a period of twenty days and shall be granted only once during the entire period of service.
B. Marriage leave, which shall be for a period of two weeks and shall be granted only once during the entire period of service.
C. For a woman upon the death of her husband, which shall be for a period of four months and ten days.
D. To take academic examinations, for the duration specified for the examination.
Article 35
The employer may grant the worker or employee special leave without pay in cases and under conditions determined by the executive regulations.
Article 36
The worker or employee shall be deprived of compensation or salary for the period during which they are absent from work without authorized leave, without prejudice to disciplinary accountability.
Chapter Five Health and Social Care
Article 37
Employers shall conduct medical examinations on individuals before contracting with them, to ensure their health and fitness according to the nature of the work they will perform. Regular medical examinations for all employees shall also be carried out to maintain their ongoing health and safety. The executive regulations shall specify the entity responsible for conducting these examinations and determine the fitness and mental and psychological capacities upon which these examinations are based.
Article 38
Employers are required to provide necessary insurance for workers or employees against diseases and occupational hazards, and to provide the necessary health care and social protection for them and their families, without violating any other legal system.
Article 39
Employers are obligated to train workers or employees in the proper methods of performing their work and acquainting them with the associated risks, as well as requiring them to use the prescribed protective measures that the employer provides. The employer shall not impose any expenses or deduct any amounts from the worker's compensation in exchange for providing the necessary precautions to protect them from health hazards and work-related risks. The worker or employee is obligated to use the necessary protective measures, take care of them, follow the issued instructions to preserve their health and prevent work-related injuries, and refrain from any action that may prevent or hinder the implementation of these instructions or misuse the established means of protecting the health and safety of workers or cause damage to them.
Article 40
The employer must notify the relevant labor office in writing of any incident resulting in the death of a worker or causing an injury that incapacitates them from work within 48 hours from the date of the incident.
Article 41
It is permissible for the employer to establish a social solidarity fund within the workplace, in which the employer contributes partially with amounts progressively increasing in its budget, and the remainder is completed from the subscription fees of the workers.
Chapter Six Termination of Service
Article 42
The service of the worker or employee shall terminate for one of the following reasons:
1. Reaching the legally prescribed age for the end of service.
2. Lack of health fitness.
3. Resignation.
4. Being sentenced to a criminal penalty, or to one of the offenses that undermine honor, trust, or security. However, if the sentence is suspended, the service of the worker or employee shall not be terminated, without prejudice to disciplinary liability as necessary.
5. Death.
Article 43
The service of the worker or employee shall terminate upon reaching the age of 65 for men and 60 for women, as determined by the solar year. For workers in occupations or industries detrimental to health, as defined by relevant regulations, exceptions to the prescribed retirement age may be allowed for certain positions, jobs, and categories, in accordance with the conditions and guidelines specified by the executive regulations of this law.
Article 44
The worker or employee may be referred to the specialized medical committee upon their request or the request of the employer. If the medical committee determines that the worker or employee is not medically fit for their work or position, or for any other position, the employer shall issue a decision to terminate their service as of the first day of the month following the issuance of the medical committee's report. This decision shall not affect the worker's right to the compensation stipulated in Article 78 of this law.
Article 45
The employer shall provide the worker or employee, at the end of their service, with a certificate free of charge indicating the date of commencement of work, the date of termination of service, the type of work they were performing, and, upon their request, the monetary compensation they received or any other benefits, if applicable.
Chapter Seven Common Provisions
Article 46
The employer must take all necessary measures to protect the safety, health, and well-being of workers and employees when carrying out tasks assigned to them under its supervision. It is also incumbent upon the employer to ensure the observance of good conduct, ethical behavior, and the establishment of security and decorum within the establishment.
Furthermore, the employer is required to inform workers and employees in writing upon their engagement about the following matters, as well as any subsequent changes thereto:
- Internal work regulations and working hours.
- Methods for implementing weekly rest periods.
- Legal provisions and measures pertaining to the preservation of health, safety, and protection against occupational hazards.
- The entity providing coverage against work-related accidents and occupational diseases.
- Registration number with the Social Security Fund.
Article 47
In cases where remuneration for work involves a share in production or service returns, the employer may provide the worker with a monetary remuneration on a monthly or partial-monthly basis, as mutually agreed upon, to cover their daily expenses and those of their family. This remuneration shall be considered part of production expenses and shall be deducted from the income due for distribution at the end of the year or upon completion of the production process, similar to other expenses.
Article 48
The employer shall provide an appropriate number of restroom facilities for workers or employees. If both genders are employed at a single location, the employer shall designate separate restroom facilities for women, which shall be distinct from those allocated for men.
Article 49
The fulfillment of obligations stipulated in this law shall not be obstructed by the dissolution, liquidation, insolvency, or merger of the employing entity or the transfer of its ownership to others through any acts of disposition or alteration of the employing entity for any reason.
With the exception of cases of liquidation, insolvency, and final closure, employment contracts shall remain valid for the duration specified therein. The former employer shall be jointly responsible for a period of one year with the successor for the execution of all prior obligations arising from such contracts.
Article 50
The seizure of the compensation for work or the salary due to the worker or employee shall not exceed one-quarter, with priority given to alimony debts.
Moreover, deductions from the compensation for work or salary exceeding one-quarter shall not be permissible to repay amounts borrowed by the worker or employee from the employer. The employer shall not charge any interest for this, excluding housing loans provided by banks and the like.
Article 51
All national and foreign employers across various sectors must commit to employing national personnel and ensuring means for their continued work, providing suitable opportunities for them to demonstrate their qualifications for work through guidance, training, and qualification for assigned tasks. The proportion of national labor within these employers shall not be less than 75% of the total workforce.
Temporary reduction of this percentage in some employers may be permissible due to the public interest, in cases where the required qualifications and technical competencies of nationals are unavailable. Such reduction must be made by a decision issued by the competent authority.
Article 52
Upon commencing work in any project or activity, all employers in the public and private sectors, whether national or foreign, must notify the relevant labor office in writing with the following information:
- Name of the establishment, its type, location, and correspondence address, along with any information facilitating communication.
- Type of licensed economic activity it is authorized to engage in, including license number, date of issuance, issuing authority, and an attached copy of the license.
- Number of workers or employees intended to be employed in the establishment and the required specializations.
- The person responsible for managing the establishment and representing it legally.
- Any other data requested by the relevant authority.
Article 53
If the actions attributed to the worker or employee constitute a criminal offense, the Public Prosecution must be notified, and the absence of a criminal lawsuit, the dismissal of charges, or the acquittal of the worker or employee from prosecution shall not prevent disciplinary action against them. The Public Prosecution shall notify the employing entity, to which the worker or employee belongs, of any action taken against them.
Section Two Partnership Relations
Article 54
Male and female partners are equal in rights and duties, with consideration for the special rights of female partners during pregnancy, childbirth, maternity leave, and other related matters.
Article 55
Partners must distribute duties and tasks among themselves, with each performing specific work to ensure the economic unity of the purpose for which the partnership was established. Each partner is jointly responsible before the other partners for any damages resulting from negligence or failure to fulfill assigned duties.
Article 56
Partners have the right to select a manager for the economic unit from among themselves, considering competence and experience. They may also appoint a manager from outside the partners by mutual consent, as stipulated in the contract between them.
Article 57
The economic unit shall have administrative and financial regulations determining its work hours, rest periods, vacations, and other matters related to its activities, as approved by the relevant authority. Partners also determine weekly rest hours, annual leave, and their organization, all in accordance with the provisions of this law.
Article 58
Partners may admit new partners when they see fit, and the basic regulations define the conditions for accepting new partners.
Article 59
Partners may engage third parties for specific tasks outside the scope of the economic unit's activities, as defined in the employment contract, provided it does not conflict with the unit's core activities. Partners may also engage third parties for financial compensation in cases where the party concerned prefers not to enter into partnership. This should be done willingly, without coercion, and requires a written declaration explicitly stating the individual's preference for paid work and a written employment contract approved by the relevant authority.
The provisions of the first and third chapters of this law apply to individuals who have accepted paid work.
Article 60
Partners have the authority, by majority decision, to terminate any partner's involvement for reasons related to their failure to meet legal or contractual obligations, among other reasons stipulated by relevant legislation. The vote of the partner to be terminated shall not be counted in this majority.
Article 61
A partner whose partnership has been terminated has the right to challenge this decision before the judiciary.
Article 62
In the event of a partner's death, the economic unit continues its operations. The heirs of the deceased partner have the right to claim their share of the inheritance and any outstanding entitlements that the deceased partner had not received before their death. They have the freedom to continue or terminate the partnership, ensuring that their decision does not adversely affect the unit's operations.
Article 63
In case of terminating the partnership for any reason, the share of a partner whose participation has ended shall be settled based on the latest budget for the fiscal year in which the partnership relationship ended, in accordance with the relevant regulations.
Article 64
A partner whose participation has ended remains responsible for fulfilling their obligations.
Article 65
Partners are obligated to provide means of occupational safety and health protection for themselves and those working with them, in order to prevent workplace accidents and occupational diseases, in accordance with the prevailing legislation in this regard.
Article 66
Partners are required, individually or collectively, to join a health insurance and occupational accidents and diseases insurance system, as well as an old-age pension scheme, either through effort, financial contribution, or both.
Section Three Contractual Relations
Chapter One Employment Contract
Article 67
The employment contract shall be concluded according to the model set by the competent authority. The contract shall not be executed except after its approval by the competent authority and verification of its legal form and agreement of its terms with this law. The contract must contain all necessary details to specify the rights and obligations of the parties, and it shall be in writing and prepared in the Arabic language in three copies. After being authenticated, one copy shall be handed to each party, and the third copy shall be kept with the competent employment office. If the contract is not written, the worker has the right to prove his rights through all means of evidence. The individual employment contract is exempt from registration fees.
Article 68
The employer is not allowed to alter the terms of the contract or assign the worker to work other than what was agreed upon, except when necessary to prevent accidents, repair damage, or in cases of force majeure. Such assignments should be temporary. The employer may assign the worker to work other than what was agreed upon if it does not differ fundamentally. Any condition in employment contracts contrary to the provisions of this law shall be considered void, even if applied before starting work, unless it is more beneficial to the worker.
Article 69
The probationary period is thirty actual working days, starting from the date the worker commences work. Upon the expiry of the probationary period without a decision to terminate the contract, the worker shall be considered confirmed in their employment.
Article 70
The contract may be concluded for a specific period, a specific job, or an indefinite period. If the contract with a specified period continues to be performed by both parties after its expiry without an agreement to renew it, it is considered renewed for an indefinite period. If the contract is for temporary, occasional, or seasonal work, and it is naturally renewable and continues to be performed after the agreed work is completed, the contract is considered renewed for the period necessary to perform the same work again.
However, if the contract is for a specified period, whether stipulated in the contract or based on the nature of the work, that period may not exceed two years and may be renewed once. Afterward, the contract becomes indefinite.
Article 71
A fixed-term contract expires upon the completion of its term without the need for notice or warning. If the contract is indefinite, either party may terminate it after notifying the other party in writing, registered and with proof of delivery, at least thirty days before termination. If the notice is directed to the worker, the employer must grant the worker, during the notice period, a period of no less than two hours of actual working hours each day to seek alternative employment. If the contract is terminated without observing the notice period, the terminating party shall compensate the other party by paying an amount equal to the worker's wage for the duration of the notice period or the remaining part thereof.
Article 72
The employer may terminate the contract before its expiry, after notifying the worker and considering the period specified in the previous article, in the following two cases:
- Complete or partial cessation of work permanently or for a continuous period of two months.
- Termination of contracted work for administrative or economic reasons.
The contract remains valid during the notice period, and both parties are obligated to fulfill its terms. The employer must notify the competent employment office at least two months before exercising the right to terminate. The office must verify the seriousness of the reasons for termination. A worker whose contract is terminated under this article is entitled to the compensation specified in Article 78, without prejudice to the compensation provided in Article 76 if applicable.
Article 73
The employer may terminate the contract without prior notice, compensation, or indemnity in the following cases:
- If the worker fails to perform one of the obligations specified in the contract.
- If the worker assumes a false identity or provides false certificates, declarations, or information.
- If the worker is still under probation.
- If the worker commits an error resulting in significant financial loss to the employer, provided that the employer notifies the competent employment office within three days of becoming aware of the incident.
- If the worker repeatedly fails to comply with written safety instructions provided by the employer for the safety of the workers and the workplace.
- If the worker is absent without justified reason for more than twenty separate days during one year, or for more than ten consecutive days. In the case of absence, a written warning shall be given to the worker after ten days of absence in the first case and after five days of absence in the second case. The competent employment office shall be notified with a copy of the warning.
- If the worker discloses confidential work-related information.
- If the worker is visibly under the influence of alcohol or drugs during working hours.
- If the worker assaults one of their superiors or colleagues during work or because of work.
- If the worker is finally convicted of a crime or misdemeanor related to honor, trust, or security.
- The employer must notify the competent employment office of the termination procedures along with a copy of the investigation.
Article 74
After receiving a notice from the employer in accordance with the provisions of Article 71, the worker may resign from their job. In this case, the worker is entitled to the compensation specified in Article 78.
Article 75
The worker may terminate the contract without prior notice in the following cases:
- If the employer fails to fulfill its fundamental obligations as per the provisions of this law.
- If the employer used fraudulent means when contracting regarding the terms of work.
- If the worker is subject to actions that violate ethics or honor by those responsible for or supervising the worker.
- If the worker is subjected to an assault by the person responsible for the employer.
- If there is a serious danger threatening the worker's safety or health, provided that the employer was aware of this danger and did not take the required safety measures as stipulated by the relevant authorities.
If the worker leaves work for any of the above reasons, the employer is obligated to pay the worker compensation for their service period as specified in Article 78, without prejudice to any compensation that may be ruled by the court.
Article 76
Without prejudice to the provisions of Articles 71 and 78, if the contract is terminated without justification, the party that has suffered harm due to such termination has the right to compensation determined by the court, taking into consideration the nature of the work, the extent of the harm, the duration of service, and prevailing custom, after investigating the circumstances of the termination.
Article 77
The termination of an employment contract for reasons related to the worker's union membership or participation in union activities outside working hours, or during them with the employer's consent, is prohibited. Termination during various types of leave or due to the worker filing a complaint or initiating legal action against the employer is also prohibited.
In all cases, the employer cannot terminate the contract except for reasons related to the worker's inability to work, deterioration in performance, misconduct, or job requirements, including restructuring or economic reasons. This must be done with notification to both the worker's union and the competent employment office at least one month prior to the termination date, to verify the validity and seriousness of the termination reasons.
Article 78
In accordance with international agreements where the Greater Jamahiriya is a party, non-national workers are entitled to end-of-service compensation upon the completion of their service, calculated based on half a month's salary for each year of service until the end of the fifth year, and one month's salary for each year thereafter. This is provided that the worker is not already benefiting from social security systems established under prevailing laws. The last salary received by the worker forms the basis for determining the compensation. Compensation is not owed if the contract is terminated by the worker without adhering to the notice period specified in this law.
Article 79
If the worker terminates the contract without the presence of any of the reasons stipulated in this law and without adhering to the notice period, and subsequently enters into an employment contract with another employer in violation of the provisions of Article 12, this new employer becomes jointly liable with the worker for bearing the responsibility for the harm caused to the previous employer. This applies in the following situations:
- If it is proven that the new employer interfered in order to facilitate the worker's exit from their previous employment.
- If the new employer provided the worker with an opportunity to work, knowing that the worker was still bound by another employment contract.
- If the new employer continued to employ the worker after being informed that the worker was still under contract with another party.
Article 80
The employment contract ends upon the death of the worker, their incapacity to perform the work, or if they are suffering from an illness that necessitates an absence from work for a total of more than 120 consecutive days or for a total of more than 180 days throughout the year. The incapacity or illness must be verified by a medical certificate issued by an accredited specialized doctor. The employer is prohibited from terminating the contract as per the provisions of Article 73 during the incapacity or illness period mentioned in this article. Furthermore, the employer cannot terminate the contract after the specified periods if the worker returns to work. Upon the termination of the contract for the reasons mentioned in the first paragraph, the employer must pay the worker or their beneficiaries the end-of-service compensation specified in Article 78. In the case of death, an additional month's compensation is also provided in addition to the month in which the death occurred.
Chapter Two Training for Employment Purposes
Article 81
Employers are obliged to accept a certain number of job seekers, equivalent to 20% of the total number of foreign workers they employ, for the purpose of training them in acquiring a specific trade, craft, or job within a specified period. Alternatively, employers may cover the costs of their training at specialized institutions, subject to the conditions and regulations stipulated by a decision from the competent authority.
Article 82
The training contract for employment purposes must be in writing in the Arabic language. It shall specify the training duration, stages, and the financial compensation for each stage, provided that the compensation in the final stage shall not be less than the minimum amount specified for the relevant occupation or craft being trained for.
Article 83
The employer has the right to terminate the training contract for employment purposes if it is established that the trainee is not qualified or willing to learn the trade or craft adequately. This termination shall be subject to obtaining the approval of the relevant labor office. Additionally, the trainee worker has the right to terminate the training contract by notifying the employer.
Article 84
The legal provisions related to compensation for workplace injuries and occupational diseases, as well as those related to health and occupational safety, working hours, weekly rest, vacations, and official holidays, apply to training contracts for employment purposes.
Chapter Three Domestic Service
Article 85
The household members shall serve their own home, and granting permission to engage in domestic service for families is only permissible for utmost necessity and in the following cases:
- In case the mother or father is unable to provide necessary care due to illness or old age, and there are no family members available to provide care.
- If a disabled or mentally challenged child is present in the family and the mother is unable to care for them.
- If the family consists of no less than seven members.
- If the mother is employed and unable to support her family.
The presence of the aforementioned conditions shall be established based on social and health research.
Article 86
Domestic service encompasses the following tasks:
- Preparing and serving food and beverages.
- Regular household chores necessary for housekeeping and cleaning.
- Providing personal care for the disabled, elderly, sick, and children.
- Duties of gatekeepers, drivers, and laundry workers.
Article 87
Anyone desiring to work in domestic service or similar roles shall request registration at the employment office located within their jurisdiction or the one in the jurisdiction they wish to work in. The registration request shall be made using the designated form, and the employment office shall provide the applicant with a certificate of registration on the day of application, free of charge.
Article 88
Employment offices shall receive requests from individuals wishing to employ others in domestic service or similar roles. These requests shall be recorded in a dedicated register. These offices shall assist the registered individuals, in accordance with the provisions of the previous article, in finding vacant positions that have been notified to them. The employment of domestic service workers and those in similar roles in vacant positions shall be based on mutual agreement between the job seeker's circumstances and the employer's requirements, considering factors such as compensation, age, gender, family and health conditions, after ensuring the necessary guarantees as required by the circumstances.
Article 89
Employment offices, upon employing domestic service workers or those in similar roles who are actually working for others, shall issue a service card that includes the worker's name, job, age, gender, nationality, specified compensation, and the name of the employer for whom they work. The employer shall sign this statement, and it shall be authenticated by the relevant employment office. This card shall be issued according to a specific format that ensures its validity in terms of the worker's status, developments in terms of compensation, work performed, and the individuals they work for.
Article 90
Domestic service must be provided under an employment contract concluded between the parties involved, approved by the competent authority. This contract shall explicitly define the worker's duties, rights, and other terms and conditions of employment. It shall also address accommodation and meal provisions if the service is performed full-time.
Article 91
The employer must verify the identity of the domestic service worker before they begin working and provide all data and information about them to the employment office within their jurisdiction within 3 days from the date of their employment or from the date this law comes into effect.
Article 92
The domestic service worker must undergo a medical examination before commencing work, and they are obliged to present themselves for a medical examination when requested by the employer. In the latter case, the cost shall be borne by the employer.
Article 93
The employer must treat the domestic service worker with respect and humane treatment, and it is prohibited to humiliate or degrade them, whether through words or actions. The employer is not allowed to engage the domestic service worker in strenuous or hazardous tasks or in a manner contrary to what is specified in the employment contract between the parties.
Article 94
A domestic service worker shall not engage in domestic service work for another person except with the written permission and consent of the employer.
Article 95
The employer shall not be responsible for the domestic service worker when they leave their workplace for purposes unrelated to their duties and without the employer's permission.
Article 96
The employer may terminate the worker's contract without prior notice if the worker commits an act that undermines honor and integrity, or if they cause damage or loss to the employer's property.
Article 97
The worker is obligated to maintain the confidentiality of information they have become privy to due to their work, and this obligation continues even after the termination of their service.
Article 98
In the event that the worker participates in the social security system, the employer is obliged to contribute the required contributions in accordance with the prevailing legislation. The employer must provide evidence of all matters related to this issue in the worker's service card.
Article 99
The employer must ensure equality between those working in domestic service and other categories of workers. All provisions of this law apply to them, particularly regarding:
- The right to join specialized workers' unions.
- Enjoying protection within the social security system.
- The minimum working age.
- Weekly rest or leave.
- Maternity protection.
- The minimum wage.
Article 100
The employer is obligated to allow the labor inspector to review the conditions of the domestic service worker and their living conditions, in order to ensure compliance with the laws and regulations related to employment.
Chapter Four Labor Disputes, Mediation, and Arbitration
Article 101
Any dispute related to work or its conditions that arises between one or more employers and the worker, or all workers, or a group of them working for an employer, shall be settled according to the provisions of this law. A dispute shall be considered collective if it arises between the employer and a number of workers not less than 25% of their total, provided that the number of disputing workers is not less than ten.
Article 102
In the event of a dispute between a worker and their employer, the reconciliation officer affiliated with the employment office shall undertake to settle the dispute through negotiation. If a settlement cannot be reached within ten days from the referral of the dispute to the reconciliation officer, they must submit a detailed written report on the reasons preventing a settlement to the director of the relevant employment office. In this case, both parties to the dispute may file their claims with the competent court.
Article 103
Labor disputes may be settled through voluntary arbitration upon the request of the disputing parties. If arbitration is not agreed upon, the dispute shall be referred to the Reconciliation Council and the Arbitration Board stipulated in this law.
Article 104
- In each jurisdiction, a Court of First Instance shall establish a Reconciliation Council, chaired by a judge chosen by the general assembly of the court. The council shall include a representative from the employment office, a representative from the employer, and a representative from the relevant union. The council may seek the opinion of experienced experts.
- The Reconciliation Council shall investigate the reasons for the dispute to achieve its settlement. It must conclude its consideration within fifteen days from the date of referral. If all or some of the demands are settled, a detailed record of the agreement shall be prepared and signed by the Reconciliation Council. This record shall have the force of final provisions.
If the council is unable to settle the entire dispute or some of its points, the unresolved points shall be referred to the competent arbitration board within seven days, accompanied by a comprehensive report on the stages and circumstances of the dispute. The concerned parties shall be notified of this referral.
Workers are prohibited from refusing work, even partially, before completing all reconciliation and arbitration procedures stipulated in this law.
Article 105
- In each jurisdiction, every appellate court shall establish an arbitration panel composed of three counselors chosen by the court's general assembly, a representative of the competent authority, a representative of the employer, and a representative of the relevant union. The panel shall be chaired by the senior counselor.
- The arbitration panel shall be responsible for resolving labor disputes referred to it by the Reconciliation Council, free of charge and without fees. A lawyer may attend before the arbitration panel on behalf of either party to the dispute. The decision of the arbitration panel shall be binding and shall have the force of judgments issued by appellate courts.
The executive regulations shall specify the nature of disputes and the detailed procedures for submitting disputes to the Reconciliation Council and the arbitration panel.
Article 106
Workers have the right to object to or appeal against the procedures taken against them before supervisory and judicial authorities. The executive regulations of this law shall specify the conditions and procedures for exercising this right.
Article 107
A worker who is dismissed without justification has the right to request a suspension of this dismissal by submitting a request to the employment office within a period not exceeding two weeks from the date of notification by the employer in a registered letter. The employment office shall take the necessary steps to settle the dispute amicably. If unable to do so, the employment office must refer the matter to a judge of urgent matters in the competent court within a period not exceeding one week from the date of submission, accompanied by a memorandum summarizing the dispute and the observations of the office.
Within three days from the date of referral of the request to the court, the court's clerk shall schedule a session to consider the request for suspension of execution, within a period not exceeding two weeks from the date of referral. Written notice shall be sent by registered letter to both the employer and the worker, and the employment office shall be notified. The notice shall be accompanied by a copy of the memorandum from the employment office.
The judge shall rule on the request for suspension of execution within a period not exceeding two weeks from the date of the first session. His decision shall be final. If he orders a suspension of execution, the employer shall be obligated to pay the worker's compensation from the date of dismissal. The judge shall refer the case to the competent court within whose jurisdiction the workplace is located. This court shall rule on the compensation matter as a matter of urgency, within a period not exceeding one month from the date of the first session. The court may order the reinstatement of the dismissed worker to their job upon their request in cases provided for by law.
Article 108
A lawsuit for liability arising from termination shall be considered to originate from the employment contract, along with the consequences thereof, with respect to the determination of the competent court to hear the dispute, the statute of limitations, and the application of the provisions stipulated in the Civil and Commercial Procedures Law regarding the appeal of judgments issued in this matter. As for the time limit for appeal, it shall be ten days, and the court shall rule on it within a period not exceeding one month from the date of the first session.
The application of the provisions of this law shall not preclude the worker's right to directly resort to the judiciary in accordance with the rules, deadlines, and procedures stipulated in the Civil and Commercial Procedures Law.
Article 109
All fees for legal proceedings shall be waived in all stages of litigation for claims filed by workers, even during the training stage, and those entitled to it. These claims shall be considered on an urgent basis, and the court shall rule on the expedited enforcement and without bail.
Chapter Five Labor Inspection
Article 110
Employees designated by a decision of the General People's Committee upon the recommendation of the competent authority shall have the right to inspect workplaces subject to the provisions of this law. Authorized inspection employees shall have the status of judicial control officers with regard to the enforcement of the provisions of this law, its regulations, and implementing decisions. They shall be issued identification cards confirming this status.
Article 111
Labor inspectors shall have the following competencies:
- Monitoring the implementation of the provisions of this law, its regulations, and implementing decisions.
- Providing technical information, guidance, and advice to the employer and workers as required for precise implementation of the law.
- Identifying deficiencies in existing provisions and making necessary recommendations to rectify them.
- Enforcing violations of the provisions of this law and implementing decisions, and taking necessary actions in relation thereto.
- Submitting periodic reports on inspection tours in accordance with the prepared templates.
Article 112
A labor inspector has the right to enter workplaces freely and without prior notice during working hours, day and night, to perform their duties. They may conduct any inspection or investigation, review records, books, or any other documents related to work or workers, take photographs or copies thereof, and may request data and information related to their duties.
Employers must provide all necessary facilities to inspectors to carry out their duties and cooperate with them by providing the requested information and data.
Article 113
Before commencing their work, a labor inspector shall take the legal oath before the competent authority. The executive regulations shall determine the wording of the oath.
Article 114
The competent authority shall issue a decision to specify the inspection system, the criteria for selecting inspectors, their training and capacity-building, their tasks, determining their rewards, and the specific templates for their work.
Chapter Six Penalties
Article 115
The General People's Committee shall issue regulations specifying violations and the resulting penalties. Employers must establish their own penalty regulations that do not conflict with the provisions of the aforementioned general regulations. These regulations shall not be effective until approved by the competent authority. In all cases, the violation must be work-related and stipulated in the regulations.
Employers with ten or more employees must display labor organization and disciplinary penalty regulations in a visible location. These regulations must be authenticated by the competent authority.
Article 116
The worker may not be accused of a violation discovered more than thirty days prior, nor may a penalty be imposed on them more than sixty days after the violation is proven.
Article 117
The employer may not impose more than one penalty on the worker for a single violation. The employer may not combine deducting a portion of the financial compensation in accordance with the provisions of this law with any other financial penalty, if the amount to be deducted exceeds five days per month. The penalty may not be increased except if the violation is of a type for which the worker has been previously disciplined, provided that the new violation occurs within six months from the date of notifying the worker of the previous penalty.
Article 118
No penalty may be imposed on the worker without notifying them in writing of the alleged violation, hearing their statements, conducting an investigation into their defense, and documenting this in a signed report. The investigation must begin within seven days at most from the date of discovering the violation. Regarding the penalties of warning and deduction from compensation, not exceeding an amount equivalent to three days of compensation, the investigation may be conducted orally, and its content should be documented in the penalty decision. In all cases, the penalty decision must state the reasons.
Article 119
The employer has the right to temporarily suspend the worker from work if the interest of the investigation requires it. During the suspension, the suspended worker shall receive half of their compensation. If the penalty of termination is imposed on the worker, their service shall end from the date of suspension, while retaining the compensation received.
In all cases, the suspension period may not exceed one month, except by decision of the Disciplinary Council.
Article 120
The employer may suspend the worker from work from the date of notifying the Public Prosecution of the incident. The worker must be reinstated to their previous job if they are acquitted. Otherwise, failure to reinstate the worker shall be considered arbitrary dismissal.
Chapter Seven Penalties
Article 121
Without prejudice to any more severe penalties stipulated by the Penal Code or any other law, those subject to the provisions of this chapter shall be punished with the following penalties:
- A fine of not less than one thousand dinars and not exceeding two thousand dinars for anyone who violates the provisions of Articles 6, 7, and 55 of this law.
- A fine of not less than five hundred dinars and not exceeding one thousand dinars for anyone who violates the provisions of Articles 13, 24, 27, 28, 38, and 39 of this law.
- A fine of not less than two hundred dinars and not exceeding five hundred dinars for anyone who commits a violation of the provisions of the first and third chapters of this law and the regulations and decisions issued thereunder. In all cases, the fines may multiply according to the number of violations committed by the individuals. In addition to this, labor inspectors have the authority to administratively stop the continuation of violations. The amounts resulting from the application of the penalties specified in this article shall be collected by labor inspectors.
Section Four Regulatory Relations (Public Employment)
Article 122
Public employment is a responsibility for those entrusted with it. Their duty is to perform their tasks diligently and skillfully, follow a conduct consistent with religion, ethics, and dignity, and serve citizens and promote the public interest in their actions. Each employee is responsible for achieving the objectives of their position under the supervision of their immediate superior.
Chapter One Administrative Organization and Positions
Article 123
General administrative units shall be established and their competencies shall be determined by decisions of the General People's Committee, with the exception of public sectors that are established by decisions of the General People's Congress. The main organizational divisions shall be determined by decisions of the General People's Committee, and the sub-organizational divisions of the general administrative units shall be determined by decisions of the relevant General People's Committee, after obtaining the opinion of the competent authority.
Article 124
Positions are divided into the following main functional groups:
- Main functional groups for the general staff.
- Main functional groups for technical staff.
- Main functional groups for regular civil service staff.
- Main functional groups for professional, scientific, teaching, and training staff.
- Main functional groups for positions in human medicine, nursing, maritime, and commercial aviation.
The specific functional positions within each main group shall be determined by decisions of the General People's Committee, based on the proposal of the competent authority.
Each functional group shall be considered a distinct unit in matters related to employment, including appointment, promotion, and transfer. It shall have an independent seniority list for its employees in all positions it regulates. It shall define senior administrative positions, the conditions for holding them, and the performance evaluation system for their occupants, through a decision issued by the General People's Committee based on a proposal from the relevant authority.
Article 125
Based on the proposal of the competent authority, the General People's Committee shall issue regulations to organize the workforce according to the nature and size of the work and performance rates within the administrative unit. These regulations shall particularly specify the type of workforce, the principles and methods of preparation, approval, amendment, and extension of their application.
Chapter Two Filling Positions
Article 126
Vacant positions in the administrative units may be filled through appointment, contracting, promotion, secondment, loan, or transfer.
Article 127
Certain specific functional groups specified in Article 124 of this law, including senior administrative positions, may be filled through contracting, according to regulations issued by the General People's Committee in this regard, based on a proposal from the relevant authority. These regulations shall specify their salaries, terms of use, and the functional groups to which they apply, provided that they do not contradict the provisions of this chapter.
Administrative units may also contract with specialized offices or companies to provide general services such as printing, secretarial work, computer operation, artistic work, cleaning, cafes, and other services, according to the guidelines set by the General People's Committee.
Article 128
The following conditions must be met by a candidate seeking to fill a position in the administrative units:
- Being a citizen of the Great Socialist People's Libyan Arab Jamahiriya with full civil rights.
- Not being married to a foreigner unless authorized to do so by the competent authority.
- Having a good reputation and an honorable character.
- Not having been previously convicted of a felony or a misdemeanor that breaches honor or security, unless their reputation has been restored.
- Not having been dismissed from service by a final disciplinary decision unless the period required for expunging the punishment has elapsed.
- Not being less than eighteen years of age.
- Having the necessary academic qualification for the position. An exception to this condition is the appointment of skilled technicians with experience as required by work needs, according to the conditions and circumstances specified in the executive regulations.
- Passing the examination prescribed for the position.
- Being medically fit for work, with the conditions for medical fitness specified by regulations issued by the General People's Committee.
- The vacant position must be available in the workforce and have the necessary financial coverage. In all cases, vacant positions must be announced.
Article 129
Qualifications, whether national or foreign, necessary for filling positions in the administrative units, shall be determined by a decision from the General People's Committee, based on the proposal of the competent authority. These qualifications shall include academic and training qualifications, foreign equivalent qualifications, their assessment, determination of their level, and the required practical experience.
Article 130
When filling vacant positions for the first time, the following rules shall be observed, taking into account the provisions of Article 128 of this law:
- A vacant position in the workforce may not be filled unless it cannot be filled by transferring or seconding an employee from the same entity, or promoting an employee who meets the promotion criteria.
- When filling senior administrative positions, seniority shall be taken into account, followed by a comparison of academic, training, and experiential qualifications and competency to fill the position, within the same functional group. If the position is intended to be filled by someone who is not an employee of the administrative unit, the appointee must have a university degree or its equivalent and at least ten years of practical work experience relevant to the qualification obtained.
- Position filling may not have retroactive effect. The position filling is considered effective from the date the employee is notified in writing by the competent authority and starts work. If the employee does not start work within thirty days of the written notification, the position filling is considered void. In this case, the person following in the order shall be appointed if the nomination was based on a competition.
- The academic certificates based on which the position is filled must be original and issued by recognized educational or training institutions, with the foreign certificates being evaluated for equivalence.
Article 131
The competent authorities for issuing decisions regarding the filling of positions are:
- The Secretariat of the General People's Congress, for its employees and affiliated entities.
- The General People's Committee, for its employees and affiliated entities.
- The General People's Committees for sectors, for their employees and affiliated entities, in accordance with the guidelines set by the General People's Committee.
Article 132
Position filling is carried out from lists of successful candidates, in accordance with the following rules:
- Successful candidates shall be ranked based on the priority of their test scores. In the event of a tie, the candidate with the higher academic and training qualifications, followed by the older age, shall be given preference. The right is forfeited for those who do not participate in their turn within a year from the date of announcing the test results.
- Positions may be filled from lists that are over a year old, provided there are no valid lists available.
- Administrative units are prohibited from filling announced positions without using lists of successful candidates.
- The executive regulations shall specify provisions related to job announcements, methods of filling positions, examination procedures, results approval, and accounting for previous experience.
Article 133
Subject to the provisions of Article 130 of this law, an employee may be returned to their previous job to fill a position in the administrative unit that is commensurate with their experience and qualifications, if the conditions for the position are met. In this case, the employee is not subject to examination unless their absence from work has exceeded five years.
Article 134
Every person occupying a position in the workforce of any administrative unit must take the following legal oath before assuming their duties: “I swear by Almighty God to abide by the principles and objectives of the glorious September Revolution, to uphold the authority of the people, to safeguard the interests of the nation, to respect the law, and to perform my work with honesty, sincerity, and excellence.” The oath shall be administered by the competent authority or a person authorized by it, and the oath formula shall be signed by the employee and by the person who administered the oath. The signed oath formula shall be kept in the employee's personnel file, and the employee shall not be allowed to assume their job responsibilities before taking the oath.
Article 135
Employees, when filling a position for the first time, except for senior administrative positions, are subject to a probationary period lasting 365 days from the date of assuming their duties. If the employee's suitability for the position is not proven during the probationary period, they shall be referred to the competent Employee Affairs Committee. If the committee finds the employee suitable for another position, it shall recommend their transfer to that position; otherwise, it shall recommend terminating their employment, provided that the employee is notified of this decision two weeks before termination. The expiration of the probationary period without a decision to transfer or terminate the employee's employment shall be considered as confirmation of their position. In all cases, the competent authority shall be informed of the actions taken regarding the probationary employee.
Article 136
Seniority in the position starts from the date of assuming the position. If multiple employees assume the position on the same date, seniority is determined as follows:
- If the position is filled for the first time as a result of passing the designated exam, seniority is determined based on the exam results.
- If the position is filled for the first time without an exam, seniority is determined based on the highest qualification, followed by older age.
- If the position is filled through promotion based on successful performance in the promotion exam, seniority is determined according to point “a”. If the promotion is without an exam, seniority is determined based on the previous position's seniority. In case of a tie, the provisions of point “b” of this article apply.
If the employee has previous service, it is counted as experiential seniority in the position. The employee is entitled to their salary from the date of assuming their duties, and the initial seniority is determined by their first position. If experiential seniority is counted, their salary is increased by an equivalent of a bonus for each year.
Upon promotion, the employee is granted a new salary starting from the first month following the promotion decision. If the promotion occurs on the first day of the month, the new salary is due from that day.
Article 137
An employee may only be promoted to a vacant position immediately following the position they were occupying in the administrative unit's workforce and within the same functional group.
The executive regulations shall specify the criteria related to promotions and the minimum requirements set for them.
Article 138
Subject to the provisions of Articles 137, 130, and 140, the following conditions are required for the promotion of an employee:
- The employee must have completed the minimum required period for promotion. The expiration of the minimum period does not impose any obligation for promotion.
- The employee must meet the necessary conditions for the position to which they are being promoted.
- Promotion shall be carried out by an authorized person to issue the promotion decision for the position the employee is being promoted to.
- The employee must pass the designated promotion exam successfully.
- The employee must have received a performance rating of “very good” or higher for the last three years.
The employee is promoted when their salary reaches the maximum of their current position's salary scale if the promotion criteria are met, and this occurs in the first promotion movement.
Article 139
An employee may not be promoted from one functional category to another within the same main job category unless the required conditions are met, including the required scientific or technical qualifications. The competent authority shall issue regulations governing the conditions for occupying positions within each functional job category, as well as regulations governing transfers from one functional category to another, promotion exams, the establishment of promotion committees, the determination of their schedules, and the approval of their results.
Article 140
Promotion with incentives is allowed if the employee has spent at least half of the minimum required period for promotion in the position they occupy, under the following circumstances:
- If they have submitted objective research for improving and developing the administrative apparatus's performance without adding financial burdens or achieved cost savings.
- If they have invented, innovated, or developed means to increase production.
- If they have carried out work resulting in the protection of the environment and citizens from pollution and diseases.
- If they have received an “excellent” performance rating for the last three years.
In all cases, an employee may not receive more than two promotional incentives during their employment, and the number of employees promoted according to the provisions of this article shall not exceed 5% of the total number of promoted employees in the administrative unit.
Article 141
If the number of candidates for promotion in an administrative unit exceeds the number of vacant positions in its approved workforce, priority is determined as follows:
- If promotion is a result of passing the designated promotion exam, priority is based on the exam results. In case of a tie, priority is based on performance reports. If a tie persists, priority is based on seniority in the previous position, according to the rules specified in Article 136 of this law.
- If promotion is without an exam, priority is based on performance reports. In case of a tie, priority is based on seniority in the previous position, according to the provisions mentioned above, taking into account the last paragraph of Article 140.
From the date of becoming eligible for promotion, the employee is entitled to the first level of the promoted position's salary or a bonus from the position's bonuses, whichever is greater.
Chapter Three Job Rights and Benefits
Article 142
The employee enjoys all the rights stipulated for them under the provisions of this law and the regulations issued pursuant to it. These rights may not be reduced, suspended, or denied except in accordance with the law. The administrative unit shall take into consideration the following:
- Enabling the employee to attend appropriate training and providing opportunities for them to stay updated with the latest scientific and applied developments in their job field. Those who successfully complete such courses may receive rewards, bonuses, or incentives as determined by the regulations.
- Providing services and special treatments to the employee during their job performance, as well as assigning and concluding these tasks.
Article 143
The employee is entitled to an annual bonus from the job bonuses they occupy, starting from the first month following the expiration of one year from the date of their initial job occupation or the previous annual bonus.
Article 144
The General People's Committee shall establish a system of financial and moral incentives for employees based on a proposal from the competent authority. This system aims to achieve goals, improve performance, and rationalize expenditure. The system shall include categories of financial incentives and the conditions for granting them.
Article 145
The executive regulations shall specify other financial entitlements and all other job benefits, including the following rules and conditions for granting them:
- Family allowance, including the spouse and children, as specified by the executive regulations.
- Housing allowance if official housing is not available.
- Compensation for overtime work.
- Allowances and bonuses required by the nature or circumstances of the work.
- The employee's right to reimbursement of expenses incurred in the performance of their job duties.
- The right of holders of senior management positions to receive benefits for the responsibilities assigned to them during their tenure in these positions.
Chapter Four Transfer, Secondment, and Loan
Article 146
- In the interest of the public good, an employee may be transferred to a vacant position within the administrative unit or any other administrative unit, subject to the following conditions:
- The employee meets the necessary requirements for the position they are being transferred to.
- The transfer is within the same functional job category, and the grade of the position being transferred to is the same as the grade of the position being transferred from.
- The transfer shall not prevent the employee from being promoted within a year from the date of transfer, unless the transfer is at their request or due to the cancellation of their position.
- Transfers from one administrative unit to another shall be made by a decision from the receiving authority, following approval from the transferring authority.
- Employees in administrative units may be transferred to public companies.
Article 147
As needed, an employee may be seconded to temporarily perform the duties of another position within the same administrative unit or any other administrative unit, either on a full-time basis or in addition to their original duties, subject to the following conditions:
- At least one year has passed since their initial appointment.
- The nature of the work in the original position allows for secondment.
- An employee may not be seconded to more than one position.
- The duration of secondment shall not exceed one year, renewable upon the receiving authority's request and the approval of the transferring authority.
- The grade of secondment to the receiving position shall not exceed two grades.
The secondment decision shall be issued by the receiving authority, following approval from the transferring authority. Under no circumstances shall the duration of secondment, in addition to the original work, exceed six months, and it shall not exceed four years on a full-time basis.
Article 148
An employee seconded on a full-time basis shall receive a secondment allowance equal to the difference between their salary and the first level of the salary scale for the position they are seconded to, or ten percent of their salary, whichever is greater. If the secondment is in addition to the original work, the employee shall receive a secondment allowance equal to a quarter of their monthly salary.
The receiving administrative unit shall bear the employee's salary and other allowances and benefits. However, if the secondment is in addition to the original work, the transferring administrative unit shall only bear the secondment allowance.
Article 149
By a decision from the competent appointment authority, an employee may be loaned to one of the following entities:
- Public legal entities subject to special laws that apply to their employees.
- Private legal entities.
With the approval of the General People's Committee, an employee may be loaned to a foreign country or international organizations and bodies.
The loan period shall not exceed four years, except by a decision from the General People's Committee.
The loan period shall count towards seniority, entitlement to annual bonuses, and promotion. The receiving entity shall allow the loaned employee to take their annual leave or provide them with cash compensation based on their latest received salary upon the end of their loan. The borrowing entity shall bear the loaned employee's salary. An employee loaned to a domestic entity shall receive the salary and benefits of the position they are loaned to, or their original salary, plus a percentage determined by the borrowing entity, whichever is greater. This is subject to cases decided by the General People's Committee, with the condition that the loaned employee shall not be financially harmed in any case.
Article 150
An employee may be assigned to a mission, scholarship, training, or study leave, whether within the country or abroad. The duties of mission members, scholarship recipients, and those on study or training leave shall be preserved, all according to the conditions and circumstances determined by the executive regulations.
Chapter Five Functional Responsibility
Article 151
Each head of an entity is responsible for their own work as well as the work of their subordinates, and they are all jointly responsible for achieving performance rates and their professional conduct. Directors, department heads, and those in similar positions have the authority to approve, amend, resolve, withdraw, and cancel all matters related to their subordinates in accordance with the law.
Article 152
The scope of presidential responsibilities includes, even if not explicitly stated in job descriptions or organizational charts, the development of work methods, simplification of procedures, development of human resources, internal human relations within the administrative unit, public relations for the entity, implementation of legislation and work regulations, as well as responsibilities for long-term planning, organization, guidance, monitoring, and documentation at the administrative unit level.
Article 153
- Internal administrative monitoring is based on a system of periodic reports at all levels, following supervisory standards and evaluation methods, performance correction, and is implemented through the responsible supervisors.
- Each head is responsible for submitting periodic reports, data, and statistics within specified deadlines and using established methods.
- Internal monitoring should include an assessment of the overall performance aspects of the administrative unit.
- Supervisors are responsible for the safety of their work, the protection of employees and property, and the prevention of losses. They are also responsible for taking necessary corrective and preventive measures.
Article 154
An employee may assume the responsibilities of guardianship, tutorship, or agency for absentees, judicial assistance, or legal assistance, if the absent person, beneficiary of judicial assistance, or subject to guardianship or tutorship, or the appointee for whom a judicial assistant is appointed, is related by kinship or affinity up to the fourth degree. An employee may also assume the duties of safeguarding funds if they are a partner or have an interest in the funds, or if the funds are owned by someone related by kinship or affinity up to the fourth degree. Additionally, an employee may act as a guardian based on an official appointment from an authorized entity. In all cases, the relevant administrative unit must be notified upon assuming such duties.
Chapter Six Discipline
Article 155
Any employee who violates duties, commits prohibited acts as stipulated in this law, or deviates from their responsibilities shall be subject to one of the penalties outlined in this law. This shall not affect the right to file civil or criminal suits against the employee if necessary. An employee shall not be exempt from penalty for committing an act based on an order from their superior, except when the act is carried out based on a written order issued by the superior. In this case, the responsibility lies with the issuing authority. An employee shall only be held accountable for their personal offense.
Article 156
A penalty shall not be imposed on an employee without conducting a written investigation, hearing their statements, and allowing them to present a defense. However, the designated secretary or the secretary-general or the head of the department may conduct an oral investigation with the employee when imposing a warning or salary deduction penalty. The substance of the investigation shall be documented in the penalty decision. Without resorting to an investigation, either of the mentioned penalties may be imposed if the observer personally witnessed the violation or if the violation is documented in papers and documents. An employee shall not be tried for the same violation more than once, and no more than one penalty shall be imposed for the same violation. In all cases, the penalty decision must include the reasons.
Article 157
Subject to the jurisdiction of supervisory bodies, referral to the disciplinary board shall be made by a decision from the designated secretary or the secretary-general, and they may suspend the employee from work temporarily if the interest of the investigation requires it. The duration of suspension shall not exceed three months, except by a decision from the disciplinary board.
If the decision of suspension or referral is issued by someone other than the designated secretary, they must be notified within three days of the issuance date. If the disciplinary or criminal proceedings do not result in the employee's conviction or if no case is brought against them, they shall be reinstated to their position, and their full salary for the period of suspension shall be paid.
Article 158
Any employee detained, whether pre-trial or as a result of a judicial verdict, shall be suspended from work for the duration of their detention. If the detention is a result of a judicial verdict, the employee shall forfeit their salary for the entire period of detention, and this period shall not be counted towards their seniority step or the entitlement to annual bonuses or leave.
If the detention is pre-trial, half of the employee's salary shall be withheld during the detention period, with the other half to be paid if the proceedings result in no conviction.
In all cases, the employee shall not be entitled to reclaim any salaries, allowances, benefits, or other financial compensations already paid to them.
Article 159
Occupants of senior management positions shall not be summoned for administrative investigation unless notified in writing by the designated secretary.
Article 160
The disciplinary penalties that may be imposed on employees occupying senior management positions are as follows:
- Reprimand.
- Deduction from the salary for a period not exceeding ninety days per year, and the deduction shall not exceed one-fourth of the monthly salary, after deducting one-fourth of the salary is permissible by law through garnishment or waiver.
- Deprivation of the annual bonus.
- Deprivation of promotion for a period not less than one year and not exceeding three years.
- Reduction in grade.
- Suspension from service.
The disciplinary penalties that may be imposed on employees occupying positions of rank ten and below are as follows:
- Warning.
- Reprimand.
- Deduction from the salary for a period not exceeding sixty days per year, and the deduction shall not exceed one-fourth of the monthly salary, after deducting one-fourth of the salary is permissible by law through garnishment or waiver.
- Deprivation of the annual bonus.
- Deprivation of promotion for a period not less than one year and not exceeding three years.
- Reduction in grade.
- Suspension from service.
- The seniority of the employee, whose grade is reduced according to the provisions of this Article, is determined by the same job connection he held before the reduction.
Article 161
Disciplinary penalties shall be imposed as follows:
- The competent secretary shall impose a penalty of reprimand, warning, or deduction from the salary for a period not exceeding thirty days per year and not exceeding ten days at a time.
- The general secretary, head of the institution, or director of the department shall impose a penalty of warning or deduction from the salary on employees who do not occupy senior management positions for a period not exceeding fifteen days per year and not exceeding five days at a time.
- Other penalties shall be imposed by a decision of the disciplinary council.
- The disciplinary action for violations committed by an employee while performing his duties in the administrative unit from which he was transferred falls under the jurisdiction of that unit.
- The disciplinary action for violations committed by an employee on assignment or secondment during the period of his assignment or secondment from the authority to which he was assigned or seconded, and that is notified by the decision of the assigning or seconding authority, all of which provided that the assigned or seconded employee is not subject to a special disciplinary system.
Decisions imposing the penalties provided for in the law shall be communicated to the competent oversight bodies within a week from the date of issuance to verify their conformity with the law.
Article 162
It is not permissible to promote an employee subject to disciplinary or criminal trial or suspended from work during the referral or suspension period, to a grade that he deserves promotion to until one year has passed from the date of referral or suspension, or until a decision is made in the case, whichever comes first. If the proceedings result in his acquittal, he shall be promoted to the reserved position, and if the period of reservation has elapsed, he shall be promoted to any vacant position in the administrative unit of the same grade as the position he deserved promotion to, and in the same job category under which his position falls. Otherwise, he shall be promoted to a similar position on a personal basis, with his status being adjusted to the first vacant position of the same grade and job category. In all cases, the employee's seniority in the promoted position and his salary for it shall be calculated from the date of promotion as if the measures that prevented it had not been taken against him.
Article 163
Without prejudice to the provisions concerning the formation of disciplinary councils in effective legislations, each administrative unit shall have a disciplinary council. The executive regulations shall determine how it is formed, its working system, the rules and procedures for referral to investigation and disciplinary trial, how the employee defends himself, the controls and procedures for appealing against penalties imposed on the employee, and the competent authority to decide on them.
Article 164
The disciplinary action shall be extinguished by the lapse of three years from the date of the violation, and the period shall be five years in respect of violations that entail loss of rights for the public treasury.
The period shall be interrupted in both cases by any measure of investigation, accusation, or trial taken against the accused, and the period shall run anew from the date of the last measure. If the accused are multiple, the interruption of the period in relation to one of them entails the interruption of the period in relation to the others, even if decisive measures have not been taken against them.
Article 165
The termination of the employee's service shall not prevent the continuation of the disciplinary trial or referral to trial if the investigation has started with him before the end of his service.
In violations that entail loss of rights for the public treasury, a disciplinary trial may be initiated even if the investigation has not started before the end of the service.
The disciplinary penalty that may be imposed on an employee who leaves the service is a financial fine not exceeding six times his last monthly salary. The amount of the fine shall be collected from the person sentenced through deduction within the limits of one-fourth of his retirement pension or from the end-of-service bonus, or through administrative seizure of his other funds.
Article 166
The disciplinary penalties imposed on the employee shall be expunged upon the lapse of the following periods calculated from the date of implementing the penalty:
- One year in the case of a warning or deduction from the salary for a period not exceeding five days.
- Two years in the case of deduction from the salary for a period of not less than five days and not exceeding fifteen days.
- Three years in the case of reprimand or deduction from the salary for a period exceeding fifteen days, or deprivation of the bonus, promotion, or reduction in grade.
The penalty shall be expunged by a decision of the competent secretary for those occupying senior management positions, and by a decision of the Employees Affairs Committee for others if it becomes clear to them that the employee's behavior since the penalty was imposed is good based on his service record.
The expunged penalty shall be considered as if it did not exist for the future. The expungement shall not affect the penalties that have been executed or the rights and compensation resulting therefrom. The penalty record and all references to it shall be removed from the employee's service file.
Chapter Seven Referral under the Service's Discretion
Article 167
The General People's Committee may refer employees who receive their salaries from the public treasury, upon the cancellation, merging, or reorganization of administrative units, or the revision of their staffing, to be placed under the service's discretion.
Article 168
The referral under the service's discretion shall not exceed one year from the date of the referral decision. It may be extended for another year by a decision of the General People's Committee. The employee shall be entitled to his salary during the period of referral under the service's discretion, except for allowances related to actual work.
Article 169
During the period of referral under the service's discretion, the employee may be returned to his original position or any other similar position in the same administrative unit to which he belonged, by a decision of the competent authority for referral. He may also be reassigned to another position in a different administrative unit or in one of the national companies, by a decision of the General People's Committee, all based on a proposal from the relevant authority.
Article 170
Employees referred under the service's discretion must participate in training and qualification programs prepared by the competent authorities to contribute to their rehabilitation for work in other positions and professions that match their qualifications, capabilities, and job skills.
Article 171
The seniority and salary of an employee who is reinstated to service under the assumption of continuing his work without any financial differences resulting from the referral shall be determined.
The referral period shall be calculated within the social security period, and the prescribed social security contributions shall be paid for it.
The employee shall not accrue any leave during the referral period for which he is entitled to.
Chapter Eight Final Provisions
Article 172
In addition to the reasons stated in Article 42 of this law, the employee's service terminates for one of the following reasons:
- Dismissal by disciplinary decision.
- Loss of Libyan citizenship.
- Marriage to a foreign woman unless authorized to do so by the competent authority.
- Receiving a “weak” rating twice or a “satisfactory” rating three times during his service.
- Completion of the period of referral under the service's discretion without returning to work.
- Request for voluntary retirement after completing twenty years of service.
Article 173
An employee may resign from his position. The resignation must be in writing and must be decided upon by the administrative unit within sixty days from the date of submission, unless it is deemed accepted. If the resignation is conditional or subject to restriction, the employee's service does not terminate unless the decision to accept the resignation responds to his request.
During the mentioned period, the administrative unit may issue a decision to accept the resignation with a postponement of its execution for a period not exceeding six months for reasons related to work interests, while notifying the employee.
The employee must continue working until his service ends according to the provisions of this article.
In all cases, if the employee is referred to disciplinary or criminal trial for matters related to his service, his resignation shall not be accepted until the case is resolved.
Article 174
- 1. Notwithstanding the provisions of the previous article, the employee shall be considered resigned in the following cases:
- a. If he is absent from work without permission or an acceptable excuse for more than thirty consecutive days in a year, provided that he is given a written warning after fifteen days of absence.
- b. If he does not assume his new position without an acceptable reason within a month from the date of being notified of its appointment.
- c. If he is absent from work without permission for fifteen consecutive days, even if the absence follows a granted leave.
- The employee shall not be considered resigned if he provides a valid excuse for his absence within ten days from the expiration of the period specified in the aforementioned clauses, and it is accepted. In this case, the employee shall be entitled to his salary for the period of absence, provided that he has a balance of annual leave, which shall be deducted from it, otherwise, his right to his salary for this period shall be forfeited.
Article 175
Taking into consideration Articles 13 and 24 of this law, the General People's Committee shall determine the official working hours and their number. The competent committee may determine other working hours if the nature of the work in the administrative unit requires a specific system, provided that it does not exceed the limits specified in the aforementioned articles. Employees may be assigned to work outside official working hours if work interests require, according to the regulations set by the executive regulations.
Article 176
In each administrative unit, a committee for employee affairs shall be established by a decision of the relevant General People's Committee. The executive regulations shall specify the jurisdiction of employee affairs committees, their competencies, work system, and the approval process for their minutes.
Article 177
Employees subject to the provisions of this chapter shall be subject to a performance evaluation system. The executive regulations shall specify the procedures and principles governing this system.
Article 178
In calculating the duration of experience, seniority, leaves, and other employment matters, the solar year shall be considered, and any part of a month exceeding fifteen days shall be considered a full month.
Article 179
Inventions created by an employee during the performance of his duties or as a result thereof shall be owned by the state in the following cases:
- If the invention is the result of experiments at the employee's workplace.
- If the invention falls within the scope of the employee's duties.
- If the invention is related to state security affairs.
In all cases, the employee shall have the right to a reward, taking into account the encouragement of research and invention.
Article 180
The administrative unit must announce the final decisions issued regarding its employees' affairs and present the seniority record, which is prepared annually by the unit, to its employees before proposing them for promotion during the fiscal year.
Article 181
Decisions issued for the appointment to public positions and other decisions related to employment matters shall be considered null and void in the following cases:
- If the employee does not meet any of the conditions required for the position or promotion according to the applicable laws and regulations.
- If the decision is the result of using cheating, deception, or other fraudulent means.
- If the decision is issued by an authority not competent to issue it.
- If the decision is based on inaccurate information and data.
Rescinding decisions shall be within the authority of the entity that issued them, and these decisions shall not be immune from review due to the passage of time or fulfillment of conditions after their issuance. The person responsible for issuing them shall be subject to disciplinary action according to the provisions of this law.
Article 182
The principle of appointment to public positions is based on competence, merit, and eligibility. Salaries, allowances, bonuses, and financial benefits established for the position shall be granted based on the principle of the job's salary for the occupant, according to the salary schedules determined by the General People's Committee, based on job descriptions, performance rates, and merits. Discrimination in job appointments or entitlement to salary and associated benefits based on gender, age, nationality, religion, color, or ethnicity is not permissible.
The variation in salaries shall be based on the contributions made by each employee in public service. The financial treatment of those chosen by the General People's Congress and the employees of the General People's Congress Secretariat and its affiliated bodies shall be determined by a decision of the General People's Congress Secretariat.
Article 183
Employees of the competent authority who are appointed by a decision of the General People's Committee based on a proposal from the relevant secretary shall undertake the task of conducting functional inspections on all administrative units. They shall have the status of judicial officers in carrying out their tasks.
The competent authority shall issue a decision specifying the functional inspection system, the criteria for selecting inspectors, determining their tasks, and their rewards.