ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases


Page 1 of 1 (1 countries)   

Libyan Arab Jamahirya - Maternity protection - 2011


LAST UPDATE

04 November 2011

SOURCES


Name of Act

Decision on promulgation of the regulations concerning benefits in cash to self-employed contributors, No. 408 dated 24 August 1982, Collection of social security legislation, 1984, Secretariat of peoples general committee for social security, Tripoli, p. 241-255

Name of Act

Childbirth Grant and Burial Regulation, No. 389 of 1982

Name of Act

Name of Act

Law on Social Security, No. 13 dated 14 April 1980, Al-Jarida al-Rasmiya, 1980-06-08, Collection of Social Security Legislations of Socialist Peoples Libyan Arab Jamahiria, 1983, Secretariat of People¿s General Committee for Social Security, Government of Libyan Arab Jamahiriya, Libyan Arab Jamahiriya, p. 13-46

Name of Act

Name of Act

CONSTITUTION

Name of Act

Law on Social Security, No. 13 dated 14 April 1980, Al-Jarida al-Rasmiya, 1980-06-08, Collection of Social Security Legislations of Socialist Peoples Libyan Arab Jamahiria, 1983, Secretariat of People¿s General Committee for Social Security, Government of Libyan Arab Jamahiriya, Libyan Arab Jamahiriya, p. 13-46

Other source used

Other source used

MATERNITY LEAVE


Scope

Provisions of this code apply to all work relations in Libya whether they are regulatory relations, contractual, or partnership agreements and whether the entitlements are proportional to the economic activity or cash amount.
Domestic workers are expressly entitled to maternity benefits as regular workers.

Excluded are: the employees whose status is organized by special laws or regulations and also the employees in family activity(couples,origins and branches)
Labour Code §4,99

Qualifying conditions

Medical certificate starting the expected date for maternity.
Labour Code §25

Duration


Compulsory leave

6 weeks after confinement
Labour Code §25

General total duration

14 weeks
Labour Code §25
Historical data (year indicates year of data collection)
  • 2009: 50 days (to cover the time preceding and following confinement)
  • 2004: Fifty days
  • 1998: Fifty days
  • 1994: Fifty days

Extension

up to 2 weeks more in case of multiple births
Labour Code §25

Leave in case of illness or complications

Not provided
Labour Code §25

RELATED TYPES OF LEAVE


Parental leave

Not provided
Labour Code

Paternity leave

Not expressly provided.
Employees are entitled to emergency leave for compelling reason without obtaining prior permission from his manager and he should submit justification for his absence immediately when he returns.
This leave should not be more that 3 days each time up to 12 days in each year.
The code does not mention if this leave is paid or unpaid.
Labour Code §30

Adoption leave

Not provided
Labour Code §25

RIGHT TO PART-TIME WORK


General provisions

Not provided expressly for women or pregnant workers.

By a GPC decision working hours of women may be reduced in some professions and works.Further details on this subsidiary legislation are not available.

Teenagers may not be employed in work more than 6 hours a day including a period or more for rest and meal and should not be less that one hour so that he does not work actually more than 4 continuous hours.
They may not work on weekly holidays or official holidays or during night.
Labour Code §24-29

CASH BENEFITS


Maternity leave benefits


Scope

Provisions of the law apply on all work relations in Libya whether they are regulatory relations, contractual, or partnership agreements and whether the entitlements are proportion of economic activity or cash amount.

Excluded are: the employees whose status is organized by special laws or regulations and also the employees in family activity(couples,origins and branches)
Labour Code §4, 25
Law on Social Security, No. 13 dated 14 April 1980, Al-Jarida al-Rasmiya, 1980-06-08, Collection of Social Security Legislations of Socialist Peoples Libyan Arab Jamahiria, 1983, Secretariat of People¿s General Committee for Social Security, Government of Libyan Arab Jamahiriya, Libyan Arab Jamahiriya, p. 13-46 §25

Qualifying conditions

Medical certificate starting the expected date for maternity.

In addition, self-employed women must have paid social security contributions for at least four months during the six months immediately preceding the interruption of work due to childbirth.
Labour Code §25
Decision on promulgation of the regulations concerning benefits in cash to self-employed contributors §2, 15

Duration

14 weeks.
16 weeks in case of multiple births.

A self-employed contributor is entitled to receive a cash benefit for a period of three months (of which at least six weeks after the birth).
Labour Code §25
Law on Social Security, No. 13 dated 14 April 1980, Al-Jarida al-Rasmiya, 1980-06-08, Collection of Social Security Legislations of Socialist Peoples Libyan Arab Jamahiria, 1983, Secretariat of People¿s General Committee for Social Security, Government of Libyan Arab Jamahiriya, Libyan Arab Jamahiriya, p. 13-46 §25
Decision on promulgation of the regulations concerning benefits in cash to self-employed contributors §3, 5, 8

Amount

50 per cent of wages (for employees).

A self-employed person is entitled to receive a cash benefit in case of childbirth at a rate of 100 per cent of her presumptive income for a period of three months (of which at least six weeks after the birth).
Labour Code §25
Law on Social Security, No. 13 dated 14 April 1980, Al-Jarida al-Rasmiya, 1980-06-08, Collection of Social Security Legislations of Socialist Peoples Libyan Arab Jamahiria, 1983, Secretariat of People¿s General Committee for Social Security, Government of Libyan Arab Jamahiriya, Libyan Arab Jamahiriya, p. 13-46 §25
Decision on promulgation of the regulations concerning benefits in cash to self-employed contributors §3, 5, 8
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2009: 50 per cent of wages (for employees). A self-employed person is entitled to receive a cash benefit in case of childbirth at a rate of 100 per cent of her presumptive income for a period of three months (of which at least six weeks after the birth).
  • 2004: Fifty percent (one hundred percent for self-employed women)
  • 1998: Fifty percent
  • 1994: Fifty percent

Financing of benefits

The cash benefits are financed by the employer for salaried employees and by social security for self-employed.
Labour Code §25
Law on Social Security, No. 13 dated 14 April 1980, Al-Jarida al-Rasmiya, 1980-06-08, Collection of Social Security Legislations of Socialist Peoples Libyan Arab Jamahiria, 1983, Secretariat of People¿s General Committee for Social Security, Government of Libyan Arab Jamahiriya, Libyan Arab Jamahiriya, p. 13-46 §25
Historical data (year indicates year of data collection)
  • 2009: The cash benefits are financed by the employer for salaried employees and by social security for self-employed.
  • 2004: Employer (social security for self-employed women)
  • 1998: Employer
  • 1994: Employer

Alternative provisions

In addition to the cash benefits, two kinds of lump-sum grants shall be payable to a female social security contributor, be she a productive partner, an employee in any public administration unit, a working woman under an employment contract or a woman self-employed contributor (when the terms of eligibility are fulfilled): a) pregnancy aid, which becomes due, for the period starting as from the fourth month of pregnancy until delivery at a rate of three Dinars per month; and b) childbirth grant of 25 Dinars for each delivered child. To receive the childbirth grant the woman must have been registered with the social security system for at least six months prior to delivery and paid social security contributions for at least four months of these six months.
Law on Social Security, No. 13 dated 14 April 1980, Al-Jarida al-Rasmiya, 1980-06-08, Collection of Social Security Legislations of Socialist Peoples Libyan Arab Jamahiria, 1983, Secretariat of People¿s General Committee for Social Security, Government of Libyan Arab Jamahiriya, Libyan Arab Jamahiriya, p. 13-46 §11 and 27
Childbirth Grant and Burial Regulation §3, 4

Parental leave benefits

Not provided
Labour Code

Paternity leave benefits

It is not expressly provided a paternity leave cash benefit.
Articles that regulate emergency leave do not mention whether this leave is paid or unpaid
Labour Code §31

Adoption leave benefits

Not provided
Labour Code

MEDICAL BENEFITS

Affiliation to health insurance is mandatory to every citizen and resident of the country.
Law No. 20 for the year 2010 on the Health Insurance System §1

Pre-natal, childbirth and post-natal care

Services included in the mandatory health insurance are medical attention during pregnancy and confinement.
Law No. 20 for the year 2010 on the Health Insurance System §6

Financing of benefits

Contributions of affiliates.
State shall pay the contributions for widows, orphans, those without a tutor and the most needy inhabitants.
Law No. 20 for the year 2010 on the Health Insurance System §3

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

The working woman has a right during the following 18 months of birth date to entertain with period or periods for suspending work during working hours for minimum one hour for breast feeding her infant.
Labour Code §25

Remuneration of nursing breaks

paid
Labour Code §25

Transfer to another post

Not expressly provided for pregnant workers.
Women should not be employed in works which are not familiar with woman’s nature and specified by GPC decision.
Labour Code §24

Nursing facilities

Employers who employ women who have children should allocate places fro children’s custody;and more than one employer may allocate places for children’s custody.
Labour Code §26

HEALTH PROTECTION


Arrangement of working time

The code does not expressly provide any details on this for pregnancy or maternity related reasons.

There is a general provision covering all workers: working hours should not exceed 48 hours per week and should not exceed 10 hours per day. Working hours may be reduced for some categories in industries and works as per GPC decision according proposal of the employer.
Labour Code §13

Night work

General provision covering all women: No female worker shall be employed between 8 p.m. and 7 a.m., except in such cases and occupations and in such occasions as may be prescribed by order of the Minister of Labour and Social Affairs.
Labour Code §96

Overtime

General provision covering all women: In no circumstances shall a female worker be employed for more then 48 hours a week, including overtime.
Labour Code §96

Work on rest days

Not prohibited.
According to general provisions applicable to all workers, the laborer or employee has a right to obtain weekly holiday with pay at least 24 hours and to be on Friday.
With the exception in far places or in works which nature of work or operation’s circumstances require continuation of work, the weekly holiday and official holidays will be added and granted together and the total period should not exceed 8 weeks.
Labour Code §14

Time off for medical examinations

Not provided.
Labour Code §24-26

Leave in case of sickness of the child

No express provision in the Code for this reason.
There is an emergency leave for compelling reason without obtaining prior permission from his seniors and he should submit justification for his absence immediately when she or he returns.
Labour Code §31

Dangerous or unhealthy work

General provision covering all women:
Women should not be employed in works which are not familiar with woman’s nature and specified by GPC decision,.
Labour Code §24

Risk assessment

The employer should arrange the necessary insurance for laborers or employees against diseases and occupational risks; and to provide health care and social protection for them and their families without contradicting any other legal system.
Employer arranges medical examination for employee prior resuming work to ascertain his safety and health condition according to the type of work which he will practice and to perform periodically analysis for all employees to protect their health condition and safety continuously.
Labour Code §37, 38

» Assessment of workplace risks

See risk assessment comments above.
Labour Code

» Adaptation of conditions of work

See risk assessment comments above.
Labour Code

» Transfer to another post

Not provided
Labour Code §24-26

» Paid/unpaid leave

Not provided
Labour Code

» Right to return

It is not expressly mentioned that women are entitled to return to the same job performed before maternity leave.
Labour Code §24-26

Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

General provision covering all women:
Women should not be employed in works which are not familiar with woman�s nature and specified by GPC decision,.
Labour Code §24

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

All citizens are equal before the law

No discrimination in wages for work should be made on the grounds of sex or religion or color.

Male and female partners are equal in rights and obligations considering woman’s rights during period of pregnancy, child birth and maternity leave and others.
CONSTITUTION §5
Labour Code §21, 54

Prohibition of pregnancy testing

Not prohibited
Labour Code

Protection from discriminatory dismissal

It is prohibited to dismiss a woman or terminate her contract during maternity leave or any extension thereof.
Labour Code §45

Burden of proof

Not provided
Labour Code

Guaranteed right to return to work

It is not guarantee the right for pregnant employees to return to the same job they were performing before taken their maternity leave.
Labour Code §25

Results generated on: 25th October 2014 at 15:30:05.
Page 1 of 1 (1 countries)   

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.