Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government submitted to the Office in August 2007 for comments a draft of the new Labour Code. According to the Government’s latest report, the draft took account of the observations of the Committee and was to be submitted to the General People’s Congress before the end of 2008. The Committee asks the Government to indicate whether the new Labour Code has been adopted and, if so, to provide a copy of it together with detailed information on the extent to which the new legislation gives effect to the following issues, on which the Committee has commented for many years:

–      Inclusion of certain categories of women workers in the scope of application of the new Labour Code, who are excluded from the Labour Code in force, No. 58 of 1970 AD, in particular domestic and similar workers, women engaged in stock-raising and agriculture – except those who work in enterprises processing agricultural products or repairing machinery necessary for agriculture – and permanent or temporary public officials working in public bodies and state administration (Article 1 of the Convention).

–      Amendment of section 43 of the Labour Code in force, in order to eliminate the requirement that the granting of maternity leave is conditional upon the completion of a qualifying period of six consecutive months of service with an employer (Article 3, paragraph 1).

–      Elimination of the incompatibility between the provisions of the Labour Code in force relating to the length of maternity leave and those of Social Security Act No. 13 of 1980 so as to ensure that women workers under the new Labour Code are entitled to at least 12 weeks of maternity leave and a compulsory period of maternity leave after confinement of at least six weeks, in accordance with the Convention (Article 3, paragraphs 2 and 3).

–      Inclusion of a provision supplementing section 43 of the Labour Code in force in order to ensure that where confinement occurs after the presumed date, prenatal leave must in all cases be extended until the actual date of confinement, and that the period of compulsory leave to be taken after confinement shall not be reduced on that account (Article 3, paragraph 4).

Article 2. Equal treatment for foreign employees. In its previous comments, the Committee noted that, under the terms of section 5 of the Regulation of 1982 on registration, contributions and inspection, registration under the social security system of non-Libyan officials is on a voluntary basis unless an agreement has been concluded with the countries of which these workers are nationals. In its report, the Government stated that the Social Security Fund has tried to amend section 5 and make participation in the Social Security Fund compulsory for all categories of workers, including non-national self-employed workers, but this amendment has not yet been enacted. The Committee expresses the hope that the amending legislation will soon be enacted and asks the Government to send in a copy of it, once adopted.

Article 4, paragraphs 1, 4 and 8. Cash benefits. The Committee once again draws the Government’s attention to the need to bring section 25 of Social Security Act No. 13 of 1980 into conformity with the above provisions of the Convention by organizing the provision of cash benefits in a manner consistent with the Convention and by ensuring that in no circumstances the employer shall be individually liable for the cost of such benefits due to women employed by him either directly, by paying at his cost the benefits to which they are entitled, or indirectly, by acting in place of the social security fund.