CMNT_TITLE

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

Other comments on C103

Observation

Direct Request

2022
2013
1990

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Article 3(2), (3) and (4) of the Convention. Harmonizing the provisions of the new Labour Relations Act of 2010 with those of the Social Security Act. In accordance with section 25 of the Labour Relations Act of 2010 (No. 12), women workers are entitled to 14 weeks of maternity leave upon presenting a medical certificate stating the expected date of delivery (16 weeks in case of multiple birth). However, pursuant to section 25 of the Social Security Act of 1980 (No. 13), women workers are entitled to maternity benefits for a period of only three months, that is, 12 weeks. The Committee asks the Government to amend the Social Security Act so as to guarantee that benefits are secured throughout the statutory duration of maternity leave.

Article 4(1), (4) and (8). Cash benefits. The Committee notes that employers continue to be liable for the cost of cash benefits paid to their employees during maternity leave (pursuant to section 25 of the Social Security Act), whereas Article 4(8) of the Convention provides that employers are in no case to be held individually liable for the cost of cash benefits due to women employed by them. The Committee therefore once again asks the Government to study other possible ways of financing a maternity protection scheme by way of establishing a separate maternity branch within the social security system or by allocating public funds for this purpose.

Article 6. Employment protection. The Committee notes that, according to section 25 of the Labour Relations Act of 2010, employment relationships cannot be terminated during pregnancy or absence during maternity leave, except when there are justifiable reasons which are not related to pregnancy or maternity and birth complications or breastfeeding. The Committee wishes to recall in this respect that, regardless of the cause, the Convention prohibits notice of dismissal to be given during maternity leave and any supplementary leave granted in case of illness medically certified as arising out of pregnancy or childbirth. It also prohibits employers from giving notice of dismissal at such a time that the notice would expire during such absence. The Committee therefore asks the Government to amend the Labour relations Act accordingly.

Article 1. Coverage. Section 4 of the Labour Relations Act of 2010 provides that the status of certain categories of employees is organized by special laws or regulations. The Committee would be grateful if the Government would indicate the categories of employees concerned and specify the legal provisions relevant as regards maternity protection.