Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Maternity Protection Convention (Revised), 1952 (No. 103) - Libya (Ratification: 1975)

Other comments on C103

Observation

Direct Request

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Article 3(2), (3) and (4) of the Convention. Maternity leave and cash benefits duration. In its previous comments, the Committee requested the Government to harmonize the legislative provisions governing maternity leave in the Labour Relations Act (No. 12) and maternity benefits in the Social Security Act (No. 13) to guarantee that maternity benefits were secured throughout the statutory duration of maternity leave, i.e. 14 weeks, in application of Article 3 of the Convention. The Committee notes the information provided by the Government in this regard, according to which action had been taken by the Social Security Fund (letter No. 39 mim/ta’/2021 of 24 August 2021), to request the legislative authorities to address this issue by amending the Social Security Act. The Committee hopes that the legislative amendments needed to ensure that maternity benefits are provided to women workers throughout the entire period of maternity leave, i.e. 14 weeks, will be enacted without further delay, and requests the Government to take the necessary measures for that purpose, to give full effect to Article 3(2), (3) and (4) of the Convention. The Committee further requests the Government to provide the text of the relevant legislative provisions once adopted.

Article 4(4) and (8). Cash benefits. The Committee notes the indication provided by the Government, in reply to its previous request, that the establishment of a separate maternity branch within the social security system was accepted and that the Social Security Fund would be informed about such changes. The Committee welcomes this development and hopes that the measures necessary to give effect to Article 4(4) and (8), will be taken without further delay, with a view to ensuring the provision of cash and medical benefits by means of compulsory social insurance or by means of public funds, and to ensure that employers are not individually liable for the cost of maternity benefits. The Committee requests the Government to provide information on the legislative provisions and other measures taken for this purpose.

Article 6. Employment protection. In its previous comments, the Committee requested the Government to amend the Labour Relations Act (No. 12) to ensure that it would be prohibited to give notice of dismissal or terminate the employment relationship during maternity leave and any supplementary leave granted in case of illness medically certified as arising out of pregnancy or childbirth, as well as at such a time that the notice would expire during such absence. The Committee takes note of the information provided by the Government that the Labour Relations Act would address issues related to maternity leave, pregnancy and breastfeeding complications. The Committee notes, however, that section 25 of the Labour Relations Act, which allows for notice of dismissal and termination of employment relationships during pregnancy or maternity leave in cases when there is a justifiable reason not related to pregnancy or maternity, has not been amended and, that it is still not fully compliant with Article 6 of the Convention, which does not allow for such exceptions. The Committee therefore hopes the Government will shortly enact amendments to section 25 of the Labour Relations Act, ensuring that the national legislation expressly prohibits employers from giving notice of dismissal to workers during pregnancy or maternity related leave. The Committee further requests the Government to provide the text of the legislative provisions to that effect.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2025.]