Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

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

In reply to the Committee's previous comments, the Government states that the tripartite committee set up by a decision of the Secretary of the People's Public Service Committee has recommended to the People's General Committee that regulations should be adopted to specify the conditions, rules and guarantees with regard to the payment of benefits for loss of earnings, in the events of sickness, occupational accident and maternity, to the classes of associates, public employees and workers who are insured. It adds that the above Committee has also recommended the amendment of the provisions of the legislation concerning the granting of maternity leave provided for in section 43 of the Labour Code and section 3(a) of the Regulations on compensation, in order to bring them into conformity with Article 3 of the Convention. The Committee takes note of this information and expresses the hope that, as a result of the recommendations made by the above Committee, the Government will not fail to take the necessary measures to bring the national legislation into line with the Convention. It asks the Government to indicate the progress achieved in this connection in its next report, and to provide full and detailed information on the following points:

1. Article 3, paragraphs 2, 3 and 4 (length of maternity leave). The Committee recalls that section 43 of the Labour Code provides for the granting of pre- and post-natal maternity leave of a total of 50 days whereas, in accordance with Article 3, paragraphs 2 and 3, of the Convention, the period of maternity leave shall be at least 12 weeks and shall include a period of six weeks' compulsory leave after confinement. Furthermore, section 43 subjects the granting of maternity leave to the completion of a period of six consecutive months of service with an employer, whereas the Convention does not prescribe any condition of this type in order to qualify for entitlement to leave. Lastly, section 43 does not contain provisions, in accordance with Article 3, paragraph 4, of the Convention, prescribing that in the event of the confinement occurring after the presumed date, leave taken prior to that date shall be extended by any period elapsing between the presumed date of confinement and the actual date of confinement and that the period of compulsory leave to be taken after confinement shall not be reduced on that account. The Committee hopes that it will be possible for section 43 of the Labour Code to be amended in order to take account of the foregoing, in accordance with the assurances given by the Government in its report.

2. Article 4, paragraphs 1, 4 and 8 (cash benefits). (a) In accordance with the last paragraph of secton 25 of the Social Security Act (No. 13) and section 43 of the Labour Code, the maternity benefits provided for women workers, other than self-employed women workers, appear to be the responsibility of the employer. Furthermore, in its report, the Government indicates that the regulations to specify the conditions, rules and guarantees with regard to the provision of maternity benefits, inter alia, which are to be adopted, will include a provision prescribing that the social security fund will pay the benefits to insured women who are entitled to them in cases where the employer is unable to do so, and that the fund reserves the right to claim reimbursement from the employer of the amounts it has paid out, whenever possible. The Committee recalls in this connection that the Convention, in Article 4, paragraphs 4 and 8, provides that maternity benefits shall be provided either by means of compulsory social insurance or by means of public funds, and that in no case shall the employer be individually liable for the cost of such benefits due to women employed by him. The Committee therefore hopes that the Government will be able to re-examine the question in the light of the provisions of the Convention and that it will be able to indicate the measures taken or under consideration to ensure that full effect is given to the Convention on this point.

(b) Since section 25 of Social Security Act No. 13 of 1980 does not contain provisions on the subject, the Committee hopes that the regulations issued under the above Social Security Act will expressly provide that in the event of the extension of the length of maternity leave in the circumstances envisaged in Article 3, paragraph 4, of the Convention (error in the presumed date of confinement), the period during which the maternity is provided will be extended for an equivalent period.

3. Article 1 of the Convention (scope). In its previous comments, the Committee noted that under section 1 of the Labour Code, the scope of the Code and, consequently, the provisions of the Code respecting maternity protection, do not extend to the following workers, who are nevertheless covered by the Convention: domestic workers and persons in similar categories, women engaged in stock raising and agriculture (except those who work in enterprises processing agricultural products or repairing machinery necessary for agriculture), and permanent or temporary public officials working in state administrations and public bodies. The Committee also noted that some of these categories of women workers will be covered by special regulations. Since the report contains no information on this point, the Committee asks the Government to supply copies of such regulations, if any, and to indicate how these workers enjoy the protection provided for by the Convention under Article 3 (maternity leave), Article 5 (nursing periods) and Article 6 (prohibition of dismissal).

4. Article 2. The Committee notes that under section 5 of the Registration, Contributions and Inspection Regulations of 1982, registration under social security for non-Libyan officials is on a voluntary basis unless there is an agreement concluded with the country of which these workers are nationals. Please indicate the number of non-Libyan female officials and the number of them who are registered under social security, if any.