Libya > General provisions

Libya - General provisions - Law, Act

Law No. 13 of 2016 amending some provisions of Law No. 12 of 2010 concerning Labour Relations Law. -

Adoption: 2016-04-24 | Date of entry into force: 2016-02-23 | LBY-2016-L-104681

This Law Repeals Section No. 59 of Law No. 12 of 2010 concerning Labour Relations Law.

This Law amends Section No. 1 of Law No. 12 of 2010 concerning Labour Relations Law as follows: "Labour relations between citizens in the State of Libya are free and based on wages and partnership and it may be with non-Libyans.The work performed in the public service may be payable, in accordance with the provisions of this Act."

This Law amends the second paragraph of Section 50 of Law No. 12 of 2010 concerning Labour Relations Law, as follows: "An employer shall not deduct more than one quarter of a worker's remuneration in settlement of loans made to him by the employer".

Libya - General provisions - Law, Act

Law No. 11 of 2016 on the Protection of Public Morals. -

Adoption: 2016-04-24 | Date of entry into force: 2016-04-24 | LBY-2016-L-104711

Theatrical or acting and other artistic performances shall not be presented in the public places without a licence authorized by the competent authority of the interior ministry.
Obscene or sexual performances, indecent or immoral shows are banned for authorization.

Libya - General provisions - Law, Act

Law No. 11 of 2014 on the establishment of the National Anti-Corruption Commission. -

Adoption: 2014-12-14 | Date of entry into force: 2014-04-16 | LBY-2014-L-98868

Chapter I: General Provisions.
Chapter II: The National Anti-Corruption Commission Regulation.
Chapter III: Final and Transitional Provisions.

Libya - General provisions - Constitution

Constitutional Amendment No. 7 of 2014. -

Adoption: 2014-05-07 | Date of entry into force: 2014-03-11 | LBY-2014-C-98865

Amends Article 30 of the Constitutional Declaration.

Libya - General provisions - Law, Act

Law No. 8 of 2014 on the National Identification Number. -

Adoption: 2014-05-07 | Date of entry into force: 2014-03-24 | LBY-2014-L-98867

Article 1: Definitions.
Article 2: The National Identification Number Formation.
Article 3: Establishing The National Identification Number Database.
Articles 4-5: Granting and Abolishing the National Identity Number.
Articles 6-11: General Provisions.

Libya - General provisions - Law, Act

Law No. 4 of 2014 on the Libyan Red Crescent. -

Adoption: 2014-04-23 | Date of entry into force: 2014-02-05 | LBY-2014-L-98862

The Libyan Red Crescent is a volunteer humanitarian organisation that possesses its own logo. It shall be an institution in the form of an independent national association of public benefit as set forth by the Geneva Conventions and their Additional Protocols. Its work shall be guided by the basic international principles applicable in this respect. It shall assist the public authorities and provide aid and support to the most vulnerable groups without discrimination when necessary or requested.

The Libyan Red Crescent Society shall work inside and outside Libya to care for human dignity and the right to life. It shall be the only entity to assume the functions of the Red Crescent at the local, regional, and international levels. The funds thereof shall enjoy the sanctity of public funds, and the employees thereof shall have the capacity of civil servants during the performance of their volunteer work.

Libya - General provisions - Constitution

Constitutional Amendment No. 6 of 2014. -

Adoption: 2014-04-23 | Date of entry into force: 2014-02-05 | LBY-2014-C-98863

Amends Article 30 of the Constitutional Declaration.

Libya - General provisions - Law, Act

Law No. 5 of 2014 amending Article 195 of the Penal Code. -

Adoption: 2014-02-05 | Date of entry into force: 2014-02-05 | LBY-2014-L-98869

Article 1: Article 195 of the Penal Code shall be amended as follows:

"Without prejudice to any harsher penalty, whoever commits an act that prejudices the 17 February Revolution shall be punished by imprisonment.

The same penalty shall be imposed on any person who publicly insults the legislative, executive, or judicial branches or any member thereof during or due to the performance of duties, or who insults the state emblem or flag."

Libya - General provisions - Constitution

Constitution Amendment No. 5 of 2013. -

Adoption: 2013-09-02 | Date of entry into force: 2013-04-11 | LBY-2013-C-96521

Amends the Constitution by adding an additional paragraph to Article No. 6 of Constitution of Libya, 2012. Also amends Paragraph No. 6 of Article No.1 of the Constitution Amendment No. 1 of 2012.

Libya - General provisions - Law, Act

Law No. 10 of 2013 concerning the Criminalization of Torture, Forced Abduction, and Discrimination. -

Adoption: 2013-05-28 | Date of entry into force: 2013-05-28 | LBY-2013-L-96439

The Law provides that restricting the personal freedom of a person through force, threat, or treachery and discrimination are criminal offences and are punishable under criminal law. Article 2 provides that anyone who "commits torture or orders someone else to inflict physical or mental suffering on a person under their control or to elicit a forced confession of a crime he or she may or may not have committed, or for discrimination of any form, or for revenge of whatever motive shall be imprisoned for a period of no less than five years." Article 2 also prescribes the same prison term for anyone "who remains silent on torture while having the ability to stop it." If torture results in "grave harm" the punishment is no less than eight years and ten for "grave harm" which results in the death of the victim the offence is punishable by life imprisonment. Article 3 provides that depriving a person of any of his or her rights because of membership in a group or clan, residence in a geographic area, or ethnicity or colour is also punishable with 3 to 15 years of imprisonment. Under Article 5, "political, executive, and administrative officials as well as military commanders or their officers-in-charge" are also liable for acts of torture, among others, committed by those under their control if the superior does not take the necessary measures to prevent or expose the act if able to do so, or to refer it to the relevant authorities.

Libya - General provisions - Constitution

Constitution Amendment No. 3 of 2012. -

Adoption: 2012-11-20 | Date of entry into force: 2012-07-05 | LBY-2012-C-93475

Paragraph 6(2) of the Constitution Amendment No.1 of 2012 is amended, provides that the Constitutional Commission shall be chosen by direct and free elections.

Libya - General provisions - Constitution

Constitution Amendment Law No. 2 of 2012. -

Adoption: 2012-08-23 | LBY-2012-C-93474

Amends Section 30 paragraph 3 of the Constitution of 2012 as follows:

"The election of the General National Congress shall be held within a period of 270 days following the declaration of liberation".

Libya - General provisions - Law, Act

Law No. 28 of 2012 amending some provisions of Law No. 4 of 2012 concerning the Election of the General National Congress. -

Adoption: 2012-05-12 | Date of entry into force: 2012-04-17 | LBY-2012-L-93751

This Law amends Section 32 of Law No. 4 of 2012 concerning the Election of the General National Congress.

Libya - General provisions - Constitution

Constitution Amendment No. 1 of 2012. -

Adoption: 2012-03-13 | LBY-2012-C-93472

Amends certain paragraphs of Section 30 of Libya Constitution, 2012.

Libya - General provisions - Law, Act

Law No. 4 of 2012 concerning the Election of the General National Congress. -

Adoption: 2012-03-06 | Date of entry into force: 2012-01-28 | LBY-2012-L-93748

Chapter I: Definitions.
Chapter II: Preliminary Provisions.
Chapter III: Electoral System.
Chapter IV: The Right to Vote.
Chapter V: Terms and Procedures for Candidacy.
Chapter VI : Electoral Campaign.
Chapter VII: Voting Procedures.
Chapter VIII: Appeals.
Chapter IX: Electoral Crimes.
Chapter X: Final Provisions.

Libya - General provisions - Law, Act

Law No. 3 of 2012 Establishing the National Election High Commission (NEHC). -

Adoption: 2012-03-06 | Date of entry into force: 2012-01-18 | LBY-2012-L-93752

This Law establishes the National Election High Commission, which is a national body that has a legal capacity and an independent financial disclosure. The High Commission is based in Tripoli, and other branches thereof can be established.

The High National Commission undertakes the following tasks:
1-Preparation, implementation, supervision, monitoring of the election of the General National Congress and announcing its results in accordance with the principles and rules adopted for the electoral process in the Elections Law.
2-Raising public awareness of the importance of elections and encouraging people to take part therein.
3-Draw up guidelines for the electoral process in order to achieve progress and implementation of the Elections Law.
4-Registration of voters and preparation and reviewing of their records.
5-Formation of specialized committees for the electoral process, voting, counting and scheduling elections.
6-Selecting the date for accepting application forms for the candidates and candidate registration.
7-Accreditation of local and international observers and representatives of the candidates.
8-Develop a mechanism for the receipt of complaints and grievances that fall within its competence and making decision therein in accordance with the Elections Law.
9-Determining the period of electoral campaigns and monitoring them.
10-Organizing the elections for the Libyans residing overseas in countries that are determined by the High Commission and the possibility of conducting elections in these countries in coordination with the Ministry of Foreign Affairs and International Cooperation.

Libya - General provisions - Constitution

Constitution of Libya, 2012. -

Adoption: 2012-02-09 | Date of entry into force: 2011-08-03 | LBY-2012-C-93473

Preamble
Part I: General Provisions.
Part II: Rights and Public Freedoms.
Part III: Form of the State Governance during the Transitional Stage.
Part IV: Judicial Guarantees.
Part V: Final Provisions.

Libya - General provisions - Law, Act

Law No. 24 of 2010 On Libyan Nationality. -

Adoption: 2010-05-28 | LBY-2010-L-93753

The Libyan nationality is the nationality of citizens of the Greatest Socialist Libyan Arab Jamahiriya.

Every person considered a Libyan who resided in Libya regularly since 07/10/1951 and s/he did not have other foreign nationality and if
one of the following conditions is applicable on him/her:
- He/she born in Libya.
- He/she born outside Libya but one of his parents born in Libya.
- He/she born outside Libya but he resided regularly for a period not less than 10
years before 07/10/1951.

Law No. 17 of 1954 concerning Libyan Nationality and Law No. 18 of 1980 concerning the Nationality Law and its amendments are repealed.

Libya - General provisions - Law, Act

Law No. 12 of 1378 [2010] on Labour Relations. -

Adoption: 2010-01-28 | Date of entry into force: 2010-06-02 | LBY-2010-L-86041

Introductory Chapter
PART I: GENERAL AND COMMON PROVISIONS
Chapter One: Employment offices
Chapter Two: The labour and employment system
Chapter Three:The employment of women and children
Chapter Four: Holidays
Chapter Five: Medical and social care
Chapter Six: Termination of employment
Chapter Seven: Joint Provisions
PART II: PARTNERSHIP RELATIONSHIPS
PART III: CONTRACTUAL RELATIONSHIPS
Chapter One: Employment contract
Chapter Two: Vocational training
Chapter Three: Domestic services
Chapter Four: Labour disputes, conciliation and arbitration
Chapter Five: Labour inspection
Chapter Six: Penalties
Chapter Seven: Sanctions
PART IV: STATUTORY RELATIONS - THE PUBLIC SERVICE
Chapter One: Administrative organization and functions
Chapter Two: Employment
Chapter Three: Rights and benefits
Chapter Four: Transfers, relocation and secondment
Chapter Five: Job responsibilities
Chapter six: Discipline
Chapter Seven: Referrals
Chapter Eight: Final provisions

Libya - General provisions - Law, Act

Law No.(9) for 2000 regarding organizing trade of transit and free zones. -

Adoption: 2000 | LBY-2000-L-82941

Repeals Law No.(10) for 1959 concerning free zones. Provides for the regulation of free zones.

Libya - General provisions - Law, Act

Law (No. 5 of 1991) on the application of the principles of the Great Green Charter of Human Rights in the Jamahiriyan Era. -

Adoption: 1991-07-20 | LBY-1991-L-57642

Implements the principles of the Great Green Charter of Human Rights in the Jamahiriyan Era, reiterating their priority over all other laws and orders.

Libya - General provisions - Law, Act

Promotion of Liberty Law (No. 20 of 1991) -

Adoption: 1991-01-01 | LBY-1991-L-55306

Establishes the freedoms and rights of the people of Libyan Arab Jamahiriya. Grants equal rights to both men and women. Grants freedom of religion, speech and association so long as the moral health of society is not endangered. Establishes the right to defend the country. Grants citizens the right to choose forms of employment and earn wages. Establishes the right of citizens to own private property. Provides for social security to protect the needy, aged, disabled, orphaned and those otherwise incapable of working. Prohibits the employment of children in work hazardous to their health, morals or physical development.

Libya - General provisions - Law, Act

The Great Green Charter of Human Rights in the Jamahiriyan Era (188). -

Adoption: 1988-06-12 | LBY-1988-L-57641

Establishes principles to promulgate the Great Green Charter of Human Rights of the Jamahiriyan Era, addressing, inter alia, political representation (s. 1), criminal punishment (s. 2), freedom of movement (s. 3), citizenship (s. 4), freedom of association (s. 6), the right to work (s.11) and equality of treatment between men and women (s. 21).

Libya - General provisions - Law, Act

Law No. 7 of 1982 on the protection of the environment. -

Adoption: 1982-07-06 | LBY-1982-L-83500

This Law consists of 11 Chapters divided into 75 articles. Chapter I contains general provisions. Protection of the air is dealt in Chapter II. Protection of seas and marine resources is given in Chapter III. Protection of water resources is provided for in Chapter IV. Protection of food and foodstuffs is refered to in Chapter V. Chapter VI deals with environment saving. Chapter VII addresses the protection against common diseases. Chapter VIII relates to the protection of soil and plants. Protection of wildlife is given in Chapter IX. Transitional provisions are contained in Chapter X. Offences and penalties are given in Chapter XI. This Law provides for the protection of the environment from pollution including air, water, soil and food (art. 2). All concerned authorities shall adopt all best ways and methods for the protection of the environment (art. 6). Article 7 establishes the Technical Centre for the Protection of the Environment with the competence to lay down plans and programmes related to environment, environment protection, cooperation with international organizations in removing the causes of pollution, issuing permits, updating international agreements and treaties concerning environment, and to EIA. The Centre shall have the right to inspect concerned agencies and offices (art. 8). Article 17 provides for the control on the emission of smog generated by vehicles. Fishing gear and fishing methods, definition of meshes, and protected species are specified in articles 19-21. Provisions on pollution caused by ships and by oil are defined in articles 22 and 23. Concerned authorities shall define the list of ports for receiving waste disposal (art. 28). The Control Guide shall have the right to inspect ships (art. 32). It shall be prohibited to throw or drain waste and radioactivity materials in the sea (arts. 34-37).

Libya - General provisions - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Declaration on the Establishment of the Authority of the People. -

Adoption: 1977-03-02 | LBY-1977-M-83502

Article 1 - Name
Article 2 - Religion
Article 3 - Congresses, Committees, Unions
Article 4 - Chairman
Article 5 - Absence
Article 6 - Election
Article 7 - Budget
Article 8 - Departments, Employees
Article 9 - Defence
Article 10 - Terms

Libya - General provisions - Law, Act

Prisons Law (No. 47 of 1975).

Adoption: 1975-06-23 | Date of entry into force: 1975-07-09 | LBY-1975-L-50001

Defines the aims and types of prisons, and provides for the classification of inmates and their treatment, the accommodation of female inmates and their treatment, the employment of inmates and their wages, the education, medical care, and social care of inmates, the manner of visiting and corresponding with inmates, administration and rules of prisons, the judicial supervision of prisons, the release of inmates, the application of the death sentence, and the establishment of planning and development councils for prisons.

Libya - General provisions - Law, Act

Law amending several provisions of the Penal Code.

Adoption: 1974-03-27 | LBY-1974-L-64415

Amends certain provisions of Penal Code. Section 359 provides for freedom of labour. A person shall be sentenced to imprisonment for no less than one year and to a fine between 100 and 500 dinars if he or she uses force, violence, terrorism, threats or illegal acts to force another person to cease working or to force an employer to employ an individual, or to prevent him from employing a person. Same sanction shall apply if the intention of the person is to prevent any other person from membership in trade union.

Libya - General provisions - Law, Act

Law No. 50 of 1972 adding an Article to the Labour Code.

Adoption: 1972-04-17 | LBY-1972-L-76672

Adds new Article 100bis to the Labour Code concerning house and food benefits.

Libya - General provisions - Law, Act

Law No. 22/1971 amending several provisions of the Labour Code and the National Insurance Law No. 53 of 1957.

Adoption: 1971-03-31 | Date of entry into force: 1971-03-31 | Date of gradual entry into force: 1971-12-06 | LBY-1971-L-81345

The Law replaces articles: 44, 116, 132(para I), 136(para I) and 168 of the Labour Code. Article 44 provides that these provisions apply to an employee who is not insured regularly at the national social insurance institute. Employees who are fully insured by the institution are entitled to daily financial assistant due to the disability that the employee had suffered from during his work. Article 116 provides that only one workers union is allowed for each profession in each district. Also repeals article 23(3), and 25(3) of the National Insurance Act.

Libya - General provisions - Law, Act

Law No. 108 of 1971 amending certain provisions of the Labour Code.

Adoption: 1971 | LBY-1971-L-76671

Amends Articles 35, 40, 52 and 87bis of the Labour Code:
Article 35: amened to provide that an employer is not allowed to reduce the salary of an employee by more than 10% to cover a loan provided by the employer, and he is not allowed to take commission of any kind on such loans. this excludes bank loans that are given to bank employees. the employer is also prohibited from forcing his employers into buying his products.
Article 40(last para): The vacation days are to be calculated according the percentage of yearly working days of each employee.
Article 52: The name "general manager" is replaced with the term "specialized office manager".
Article 87bis: this article is added and its as follows: "each employee has the right of fully paid leave during public holidays, and the employer has to pay double time if he needs his workers to work during the public holidays"

Libya - General provisions - Law, Act

Law No. 65 for the year 1970 concerning trades and commercial companies. -

Adoption: 1970-05-02 | LBY-1970-L-82942

Chapter I - Traders
Chapter II - Joint-Stock Company
Chapter III - Stock Commandant Companies
Chapter IV - Companies of Limited Liability
Chapter V - Sectors of Activities which Foreign Companies are Permitted to Practice in Libya
Chapter VI - General Rules
Chapter VII - Penalties and Controls
Chapter VIII - Transitory and Final Provisions

Libya - General provisions - Law, Act

Labour Code (No. 58 of 1970).

Adoption: 1970-05-01 | LBY-1970-L-18555

PART ONE - INTRODUCTION
Title I: General Provisions
Title II: Workplace
Title III: Employment of Foreigners
Title IV: Vocational Training
PART TWO - LABOUR CONTRACTS
Title I:Individual Employment Contract
Title II: Joint Employment Contract
PART THREE - ORGANIZATION OF WORK AND PROTECTION OF WORKERS
Title I: General Provisions
Title II: Working Hours and Rest period
Title III: Employment of Youths and Women
Title IV: Employees Means of Comfort and Protections from Dangers at Work
Title V: Committees and Consultative Councils
Title VI: Inspection
PART FOUR - TRADE UNIONS
PART FIVE - WORK DISPUTES
PART SIX - PENALTIES
PART SEVEN - FINAL AND TRANSITIONAL PROVISIONS

Libya - General provisions - Constitution

Constitution of Libya -

Adoption: 1969-12-11 | LBY-1969-C-74768

Consists of 3 Chapters. Provides, inter alia, for equality of citizens before law (art. 5), freedom of expression (art. 13), right to education (art. 14) and health care (art. 15).

Libya - General provisions - Regulation, Decree, Ordinance

Decision on prohibition of trafficking in labour.

Adoption: 1969 | LBY-1969-R-64414

Establishes that any contract will be deemed null and void if one of the two contracting parties confines himself to only supplying the other party with workers to work for him against a compensation which the latter undertakes to pay to the former for this service, while he undertakes to pay the wages of the workers. In general, any contract which deals with supplying an employer with workers through a contractor is invalid. Also provides for some related matters.

Libya - General provisions - Law, Act

Libyan Civil Code.

Adoption: 1954-02-13 | LBY-1954-L-26463

Contents: Book One--Obligations Generally (sources of obligations, effects of obligations, kinds of conditions modifying the effects of obligations, transmission of an obligation, extinction of obligations, proof of obligations); Book Two--Specific Contracts (contracts as regards ownership, contracts relating to use of a thing, contracts for the hire of services, aleatory contracts, suretyship); Book Three--Principal Real Rights (right of ownership, rights derived from the right of ownership); Book Four--Accessory Real Rights or Real Securities (legal mortgages, mortgage by agreement, judgment charges upon immovable property, pledge, privileged rights).

Libya - General provisions - Law, Act

Penal Code. -

Adoption: 1953 | LBY-1953-L-97659