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Libyan Arab Jamahirya - Working time - 2011


LAST UPDATE

1 December 2011

SOURCES


Name of Act

Labour Relations Act 2010, Act No. 12 of 1378 (after the death of the Messenger, coinciding with AD 2010) promulgating the Labour Relations Act. Translated 9 November 2011. Published by ILO’s NATLEX Database at http://www.ilo.org/dyn/natlex and accessed 1 December 2011.
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LEGAL DEFINITIONS


Working time/working hours

Hours of work means time during which a worker or employee is required to make his services available to an employer, including the rest and meal times.
Labour Relations Act 2010 §5

Employee/worker

Worker means any natural person who undertakes to make an effort under the supervision and control of an employer in return for a wage either in the form of a production share or a sum of money.

Employee means any person occupying a post in the staff of an administrative unit.
Labour Relations Act 2010 §5

Employer

Employer means any natural or moral entity, public or private, employing one worker or more against remuneration.
Labour Relations Act 2010 §5

Overtime/overtime work

Overtime means work performed after regular hours of work as established by law.
Labour Relations Act 2010 §5

Night work(er)

Night work means work performed bewteen sunset and sunrise.
Labour Relations Act 2010 §5

Domestic worker

Domestic service includes the following:
(1) work relating to preparing and serving food and beverages;
(2) routine domestic work necessary to tidy and clean the home;
(3) serving the disabled, the elderly, the sick and children; and
(4) working as caretakers, drivers and washers.
Labour Relations Act 2010 §86

NORMAL HOURS LIMITS


Daily hours limit


General limit

Hours of work may not exceed a maximum of 10 hours a day.
Labour Relations Act 2010 §13

Exceptions

The hours of work limit does not apply to emergencies at the workplace, to prevent serious accidents, to repair the resulting damage or to avoid imminent loss of perishable goods, provided that the competent authority is informed with 24 hours of the emergency and the time required for completing repair work.

Further, the hours of work limit does not apply to cleaning staff at the workplace, to watchmen, shift workers or persons working to fulfil a general need, whose work shall be organized by special regulations.

Finally, hours of work may be reduced for other categories of workers in industry or activities which shall be, on the proposal of the competent authority, defined in a decision issued by the General People’s Committees.

However, in all cases, the average number of working hours per week over a period of 3 weeks shall not exceed 8 hours a day.
Labour Relations Act 2010 §§13, 15

Special categories


» Shift work

The weekly hours limit does not apply to shift workers, whose work shall be organized by special regulations published by the General People’s Committee.
Labour Relations Act 2010 §15

» Young workers

A juvenile may not be required to work for more than 6 hours a day, including one or more breaks for rest and meals of not less than 1 hour in total.
Labour Relations Act 2010 §28

» Women

Women workers’ hours of work may be reduced for certain professions and occupations determined by the General People’s Committee, account to be taken of the work needs and the proportion of male and female workers, as set out in the implementating regulations of the Act.
Labour Relations Act 2010 §24
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» Domestic work

The working time limit applies to domestic workers.
Labour Relations Act 2010 §99

Weekly hours limit


General limit

Weekly hours of work may not exceed 48 hours.
Labour Relations Act 2010 §13

Exceptions

The hours of work limit does not apply to emergencies at the workplace, to prevent serious accidents, to repair the resulting damage or to avoid imminent loss of perishable goods, provided that the competent authority is informed with 24 hours of the emergency and the time required for completing repair work.

Further, the hours of work limit does not apply to cleaning staff at the workplace, to watchmen, shift workers or persons working to fulfil a general need, whose work shall be organized by special regulations.

Finally, hours of work may be reduced for other categories of workers in industry or activities which shall be, on the proposal of the competent authority, defined in a decision issued by the General People’s Committees.

However, in all cases, the average number of working hours per week over a period of 3 weeks shall not exceed 48 hours a week.
Labour Relations Act 2010 §§13, 15

Special categories


» Shift work

The weekly hours limit does not apply to shift workers, whose work shall be organized by special regulations published by the General People’s Committee.
Labour Relations Act 2010 §15

» Women

Women workers’ hours of work may be reduced for certain professions and occupations determined by the General People’s Committee, account to be taken of the work needs and the proportion of male and female workers, as set out in the implementating regulations of the Act.
Labour Relations Act 2010 §24
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» Domestic work

The working time limit applies to domestic workers.
Labour Relations Act 2010 §99

OVERTIME WORK


Criteria for overtime


General

Overtime may be worked where required due to the pressure of work.
Labour Relations Act 2010 §16

Worker`s influence

No relevant provisions identified.

Limits on overtime hours


General limits

Overtime hours are not to exceed 3 hours a day
Labour Relations Act 2010 §16

Compensation for overtime work


Overtime rate(s)

If a worker is required to work overtime, he shall be paid an additional sum of not less than 50% of his ordinary wage.
Labour Relations Act 2010 §16

Notice of requirement to work overtime


General provisions

No relevant provisions identified.

Special categories


Domestic work

The overtime provisions apply to domestic workers.
Labour Relations Act 2010 §99

SCHEDULES


General

No relevant provisions identified.

REST PERIODS


Rest breaks


General provisions

Daily hours of work shall included preayer, rest and meal times of not more than 1 hour. A worker shall not work continuously for more than 6 hours.
Labour Relations Act 2010 §17

Exceptions

The competent authorities shall issue a decision in which they determine those cases and activities for which, for technical or operational reasons, work is performed without pause and shall also determine those arduous and hard tasks where rest periods shall be calculated as part of effective working hours.
Labour Relations Act 2010 §17
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Special categories


» Young workers

A juvenile must be given one or more rest breaks of not less than 1 hour in total and must not work more than 4 continuous hours.
Labour Relations Act 2010 §28

» Domestic work

The rest break requirements apply to domestic workers.
Labour Relations Act 2010 §99

Daily rest periods


Duration

No relevant provisions identified.

Weekly rest periods


Duration


» General

Every worker or employee shall be entitled to a paid weekly rest of not less than 24 hours.
Labour Relations Act 2010 §14

» Exceptions

The weekly rest day requirement does not apply to emergencies at the workplace, to prevent serious accidents, to repair the resulting damage or to avoid imminent loss of perishable goods, provided that the competent authority is informed with 24 hours of the emergency and the time required for completing repair work.

Further, the weekly rest day requirement does not apply to cleaning staff at the workplae, to watchmen, shift workers or persons working fulfil a general need, whose work shall be organized by special regulations.
Labour Relations Act 2010 §5

Day specified


» General

The weekly day of rest shall fall on Friday.
Labour Relations Act 2010 §14

» Exceptions

Exceptionally and in cases where a worker is employed in remote locations, far from built up areas, or if he is employed in work which by its nature or circumstances requires continuous presence, the worker’s weekly rest days and official holidays may be grouped providing his total leave does not exceed 8 weeks.
Labour Relations Act 2010 §14

Work on weekly rest day


» Compensation (for working on a rest day)

If a worker or employee is employed on his weekly day of rest, he shall be granted a rest day in lieu within the next 3 days, or he shall be paid in addition to his basic wage double time for each hour’s work on his day of rest.
Labour Relations Act 2010 §16

Special categories


» Shift workers

The weekly rest break requirement does not apply to shift workers, whose work shall be organized by special regulations published by the General People’s Committee.
Labour Relations Act 2010 §15

» Young workers

A juvenile may not be required to work on weekly rest days.
Labour Relations Act 2010 §28

» Domestic workers

The weekly rest requirements apply to domestic workers.
Labour Relations Act 2010 §99(4)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

No qualifying period identified.

Duration


» General

Every worker is entitled annually to 30 days leave.
Labour Relations Act 2010 §30

» Exceptions

Workers who have reached the age of 50 or have completed 20 years of service are entitled 45 days.
Labour Relations Act 2010 §30

Payment


» Amount

No provisions regulating payment for leave taken identified. However, sections 35 and 36 (providing for unpaid leave in prescribed circumstances and deductions from pay for unauthorised leave) imply that annual leave is to be paid.

Further, where a worker or employee has not taken annual leave for work reasons, he shall be entitled at the termination of his service, to receive a monetary compensation calculated on the basis of his wages.
Labour Relations Act 2010 §§32, 35, 36
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Schedule and splitting

In all cases a worker or employee shall be entitled to an annual 15 days continuous leave.
Labour Relations Act 2010 §30

Work during annual leave

No worker or employee may waive his leave entitlement, be prevented from going on leave, postpone it or have his leave interrupted unless interest of work so demand or he so wishes.
Labour Relations Act 2010 §30

Special categories


» Domestic work

The annual leave requirements apply to domestic workers.
Labour Relations Act 2010 §99

PUBLIC HOLIDAYS


Number and dates

No relevant provisions identified.

EMERGENCY FAMILY LEAVE

A worker or employee is entitled to take compassionate leave for emergencies when he is unable to obtain prior permission from his employer, provided that he presents, as from his arrival, the justified reasons for his absence. Such leave may not exceed 3 days at a time, or 12 days a year. This leave may not be carried over and shall not be considered part of the annual leave.

Special paid leave is also to be granted for prilgrimage, marriage, death of the worker’s husband and school exams.
Labour Relations Act 2010 §§31, 34

PART-TIME WORK


General provisions

No relevant provisions identified.

NIGHT WORK


Criteria for night work

No provisions regulating night work identified, except a prohibition on requring juveniles to work during the night (see Special Categories below).

Special categories


Young workers

A juvenile may not be required to work during the night.
Labour Relations Act 2010 §28

SHIFT WORK


Criteria for shift work

No criteria for shift work identified.

Limits


Daily hours limit

The daily hours limit does not apply to shift workers, whose work arrangements shall be organised by special regulations.
Labour Relations Act 2010 §15
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Weekly limit

The weekly hours limit does not apply to shift workers, whose work arrangements shall be organised by special regulations.
Labour Relations Act 2010 §15
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Weekly rest period

The weekly rest requirement does not apply to shift workers, whose work arrangements shall be organised by special regulations.
Labour Relations Act 2010 §15
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ON-CALL WORK


Criteria

No provisions regulating on-call work identified.

FLEXITIME


Criteria

No provisions regulating flexitime work identified.

CASUAL WORK


General provisions

Casual work is work which, by its nature, is not part of the regular activity of an employer and which does not last longer than 6 months.

No working time provisions specific to casual workers identified.
Labour Relations Act 2010 §5

SHORT-TIME WORK/WORK-SHARING


General provisions

No provisions regulating short-time work or work-sharing arrangements identified.

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

No relevant provisions identified.

INFORMATION & CONSULTATION


Information

The employer shall inform workers and employees, when they are hired, of the requirements regarding hours of work and the modalities of the implementation of weekly rest.
Labour Relations Act 2010 §46

Consultation

No relevant provisions identified.

Results generated on: 26th October 2014 at 00:50:13.
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