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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. Coverage. The Committee takes note of the indication provided by the Government in reply to its previous comments, that the maternity protection coverage of teachers, health workers, municipal guards, customs officers, and employees of institutions is regulated by special laws, pursuant to section 4 of the Labour Relations Act (No. 12). These provisions, however, have not been provided by the Government which prevents the Committee from assessing the conformity of the maternity protection afforded to the above-mentioned categories of workers with the requirements of the Convention. The Committee therefore requests once again the Government toprovidethe special laws regulating the maternity protection coverage of the teachers, health workers, municipal guards, customs officers, and employees of institutions,and an explanation of how they give effect to the provisions of the Convention.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3(2), (3) and (4) of the Convention. Maternity leave and cash benefits duration. In its previous comments, the Committee requested the Government to harmonize the legislative provisions governing maternity leave in the Labour Relations Act (No. 12) and maternity benefits in the Social Security Act (No. 13) to guarantee that maternity benefits were secured throughout the statutory duration of maternity leave, i.e. 14 weeks, in application of Article 3 of the Convention. The Committee notes the information provided by the Government in this regard, according to which action had been taken by the Social Security Fund (letter No. 39 mim/ta’/2021 of 24 August 2021), to request the legislative authorities to address this issue by amending the Social Security Act. The Committee hopes that the legislative amendments needed to ensure that maternity benefits are provided to women workers throughout the entire period of maternity leave, i.e. 14 weeks, will be enacted without further delay, and requests the Government to take the necessary measures for that purpose, to give full effect to Article 3(2), (3) and (4) of the Convention. The Committee further requests the Government to provide the text of the relevant legislative provisions once adopted.

Article 4(4) and (8). Cash benefits. The Committee notes the indication provided by the Government, in reply to its previous request, that the establishment of a separate maternity branch within the social security system was accepted and that the Social Security Fund would be informed about such changes. The Committee welcomes this development and hopes that the measures necessary to give effect to Article 4(4) and (8), will be taken without further delay, with a view to ensuring the provision of cash and medical benefits by means of compulsory social insurance or by means of public funds, and to ensure that employers are not individually liable for the cost of maternity benefits. The Committee requests the Government to provide information on the legislative provisions and other measures taken for this purpose.

Article 6. Employment protection. In its previous comments, the Committee requested the Government to amend the Labour Relations Act (No. 12) to ensure that it would be prohibited to give notice of dismissal or terminate the employment relationship during maternity leave and any supplementary leave granted in case of illness medically certified as arising out of pregnancy or childbirth, as well as at such a time that the notice would expire during such absence. The Committee takes note of the information provided by the Government that the Labour Relations Act would address issues related to maternity leave, pregnancy and breastfeeding complications. The Committee notes, however, that section 25 of the Labour Relations Act, which allows for notice of dismissal and termination of employment relationships during pregnancy or maternity leave in cases when there is a justifiable reason not related to pregnancy or maternity, has not been amended and, that it is still not fully compliant with Article 6 of the Convention, which does not allow for such exceptions. The Committee therefore hopes the Government will shortly enact amendments to section 25 of the Labour Relations Act, ensuring that the national legislation expressly prohibits employers from giving notice of dismissal to workers during pregnancy or maternity related leave. The Committee further requests the Government to provide the text of the legislative provisions to that effect.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2025.]

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Referring to its previous comments, the Committee notes with satisfaction that, in accordance with section 4 of the Labour Relations Act (Law No. 12) of 2010, all work relations are, in principle, covered by the newly adopted legislation in conformity with Article 1 of the Convention and that the qualifying period of six consecutive months of employment in order to benefit from maternity leave has been repealed bringing the national legislation in compliance with Article 3(1) of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government submitted to the Office in August 2007 for comments a draft of the new Labour Code. According to the Government’s latest report, the draft took account of the observations of the Committee and was to be submitted to the General People’s Congress before the end of 2008. The Committee asks the Government to indicate whether the new Labour Code has been adopted and, if so, to provide a copy of it together with detailed information on the extent to which the new legislation gives effect to the following issues, on which the Committee has commented for many years:

–      Inclusion of certain categories of women workers in the scope of application of the new Labour Code, who are excluded from the Labour Code in force, No. 58 of 1970 AD, in particular domestic and similar workers, 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 public bodies and state administration (Article 1 of the Convention).

–      Amendment of section 43 of the Labour Code in force, in order to eliminate the requirement that the granting of maternity leave is conditional upon the completion of a qualifying period of six consecutive months of service with an employer (Article 3, paragraph 1).

–      Elimination of the incompatibility between the provisions of the Labour Code in force relating to the length of maternity leave and those of Social Security Act No. 13 of 1980 so as to ensure that women workers under the new Labour Code are entitled to at least 12 weeks of maternity leave and a compulsory period of maternity leave after confinement of at least six weeks, in accordance with the Convention (Article 3, paragraphs 2 and 3).

–      Inclusion of a provision supplementing section 43 of the Labour Code in force in order to ensure that where confinement occurs after the presumed date, prenatal leave must in all cases be extended until the actual date of confinement, and that the period of compulsory leave to be taken after confinement shall not be reduced on that account (Article 3, paragraph 4).

Article 2. Equal treatment for foreign employees. In its previous comments, the Committee noted that, under the terms of section 5 of the Regulation of 1982 on registration, contributions and inspection, registration under the social security system of non-Libyan officials is on a voluntary basis unless an agreement has been concluded with the countries of which these workers are nationals. In its report, the Government stated that the Social Security Fund has tried to amend section 5 and make participation in the Social Security Fund compulsory for all categories of workers, including non-national self-employed workers, but this amendment has not yet been enacted. The Committee expresses the hope that the amending legislation will soon be enacted and asks the Government to send in a copy of it, once adopted.

Article 4, paragraphs 1, 4 and 8. Cash benefits. The Committee once again draws the Government’s attention to the need to bring section 25 of Social Security Act No. 13 of 1980 into conformity with the above provisions of the Convention by organizing the provision of cash benefits in a manner consistent with the Convention and by ensuring that in no circumstances the employer shall be individually liable for the cost of such benefits due to women employed by him either directly, by paying at his cost the benefits to which they are entitled, or indirectly, by acting in place of the social security fund.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information supplied by the Government in its report. In its previous comments, the Committee noted with interest that in July 2005, an ILO technical mission visited the Libyan Arab Jamahiriya to assist the Government in resolving difficulties in applying ratified social security Conventions including Convention No. 103. It expressed the hope that with the ILO’s assistance, the Government would be able to take the necessary steps to give full effect, in law and in practice, to the provisions of the Convention on which the Committee had been commenting for many years.

Article 1 of the Convention. Scope of application. Since 1982, the Committee has been consistently drawing the Government’s attention to the need to adopt measures in order to extend the scope of the Labour Code to certain categories of women workers who are excluded from it, in particular domestic and similar workers, 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, and had asked the Government to take the necessary steps to extend maternity protection to them. In its last report, the Government states that the Social Security Act (Act No. 13 of 1980) does not exempt these categories of women workers from its scope and explains that this text applies to all insured persons.

While duly noting this information, the Committee is bound to reiterate that its comments did not refer to Act No. 13 on social security but to section 1 of the Labour Code, which excludes the abovementioned categories of women workers from its scope. It also notes that the Government’s report does not contain information regarding the possible adoption of special regulations concerning these categories of women workers, which was mentioned previously by the Government. The Committee therefore notes with regret that the Government’s successive reports have not supplied the information requested on this matter. The Committee requests the Government to take all necessary measures to meet the Committee’s concerns about the coverage of the Convention, while providing detailed information on the way in which women workers excluded from the scope of the Labour Code are provided with the protection laid down in the Convention under Article 3 (maternity leave), Article 5 (nursing breaks) and Article 6 (prohibition of dismissal).

Article 2. Equal treatment for foreign employees. In its previous comments, the Committee noted that, under the terms of section 5 of the Regulation of 1982 on registration, contributions and inspection, registration under the social security system of non-Libyan officials is on a voluntary basis unless an agreement has been concluded with the countries of which these workers are nationals. In its last report, the Government indicated that the number of foreign women workers in the country in 2005 was 8,713 and that they have expatriate employment contracts and are subject to the social security system. While noting this information, the Committee requests the Government to state in its next report whether the relevant laws and regulations have been amended so as to provide for compulsory affiliation of foreign women workers to the social security system and to send a copy of the relevant statutory provisions, if any.

Article 3, paragraphs 2, 3 and 4. Duration of maternity leave. In its observation of 2005, the Committee had recalled and reiterated its previous comments that although the Social Security Act provides for the payment of benefits in cash for three months, the Labour Code only provides for maternity leave of 50 days. In its previous observation, the Committee had also noted the Government’s statement in its report for 2000 that the incompatibility between Act No. 13 of 1980 on social security and the 1970 Labour Code has been eliminated in the draft of the new Labour and Employment Code which was to be submitted to the General People’s Congress for examination and enactment. The Committee also noted that section 67 of the draft provided for maternity leave of 90 days, which may be extended to 100 days where the woman gives birth to more than one child. However, no further mention was made of the draft Labour and Employment Code by the Government in its report for 2001. In its 2004 report, the Government referred to a draft Labour Code, revision of which provides for maternity leave of 14 weeks extendable to 16 weeks in case more than one child is born. The Committee had requested a copy of the new draft of the Labour Code. However, in its last report, the Government has again stated that it will send a copy of the revised Labour Code once it has been enacted. The Committee therefore once again requests the Government to supply information in its next report concerning enactment of the said draft aimed at harmonizing the provisions of the Labour Code with those of the Social Security Act, so as to ensure that women workers are entitled to the benefits set forth in the Convention. It also hopes that the revised Labour Code will take account of the issues previously raised by the Committee, which read as follows:

(a)    The Committee recalls that section 43 of the Labour Code makes the granting of maternity leave conditional upon the completion of a qualifying period of six consecutive months of service with an employer, which is contrary to the Convention. The Government indicated previously that, under the terms of section 25 of the Social Security Act, the implementing regulations fix a qualifying period of four months’ contributions for entitlement to maternity cash benefits. It added that such a qualifying period is paragraph 4, of the Convention. While noting this information, the Committee wishes to emphasize that its comments did not concern the contribution requirements for entitlement to maternity benefit determined by the Social Security Act, but the six months’ qualifying period provided for in section 43 of the Labour Code for the granting of maternity leave. Since the Convention does not authorize any such requirement for entitlement to leave, the Committee hopes that this requirement will be eliminated in the near future when section 43 of the Labour Code is amended.

(b)    The Committee once again points out that section 43 of the Labour Code does not provide, as does Article 3, paragraph 4, of the Convention, that where confinement occurs after the presumed date, prenatal leave must in all cases be extended until 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 once again expresses the hope that it will be possible to supplement section 43 of the Labour Code by including a provision to this effect.

Article 4, paragraphs 1, 4 and 8. Cash benefits. For many years, including in its observation in 2005, the Committee has been drawing the Government’s attention to the need to take all necessary steps to bring section 25 of Social Security Act No. 13 of 1980 into conformity with the above provisions of the Convention by organizing the provision of cash benefits in a manner consistent with the Convention and by ensuring that in no circumstances shall the employer be individually liable for the cost of such benefits due to women employed by him either directly, by paying at his cost the benefits to which they are entitled, or indirectly, by acting in place of the social security fund. In its brief response to the Committee’s observation in this context, the Government has merely referred to cash benefits provided, inter alia, for the birth of a child under the Social Security Act. The Committee therefore reiterates its earlier observation that the Government should state in its next report the measures taken with a view to giving full effect to this provision of the Convention. Furthermore, given the lack of information in this regard, the Committee trusts that the Government will not fail to indicate in its next report whether the regulations implementing section 25 of Social Security Act No. 13 have been adopted and, if so, to provide a copy of them. If not, the Committee again expresses the hope that they will be adopted very shortly and 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 benefit is provided will be extended for an equivalent period.

Part V of the report form. The Committee notes that the Government’s report does not contain any information on this point. It again requests the Government to provide detailed information on the manner in which the Convention is applied in practice including, for example, the total number of women workers to whom the maternity protection legislation applies, the number of women workers who have benefited from the protection during the reference period, and also supply relevant extracts of reports of the inspection services together with statistics on the number and nature of contraventions reported.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest that in July 2005, an ILO technical assistance mission visited the Libyan Arab Jamahiriya to assist the Government in resolving difficulties in applying ratified social security Conventions, including Convention No. 103. The Committee hopes that with the Office’s assistance, the Government will take the necessary steps to give full effect, in law and in practice, to the provisions of the Convention on which it has been commenting.

Article 1 of the Convention. Scope. The Committee notes that, in its report, the Government again states that the national legislation is in keeping with the Convention in terms of coverage. The Committee points out that since 1982 it has consistently drawn the Government’s attention to the exclusion of certain categories of women workers from the scope of the Labour Code (domestic and similar workers, 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), and has asked the Government to take the necessary steps to extend maternity protection to them. The Committee also noted that there were to be special regulations for some categories of these women workers. Noting that none of the Government’s successive reports has supplied the information requested on this matter, the Committee hopes that the Government will take all necessary measures to meet the Committee’s concerns about the coverage of the Convention and to provide copies of the abovementioned special regulations together with particulars of the manner in which the women workers excluded from the scope of the Labour Code are provided with the protection laid down in the Convention under Article 3 (maternity leave), Article 5 (nursing breaks) and Article 6 (prohibition of dismissal).

Article 2. The Committee notes that, although it has been asked to do so repeatedly since 1987, the Government has not included in its report the information the Committee requested in previous observations, in which it noted that under the terms of section 5 of the Regulation of 1982 on registration, contributions and inspection, registration under the social security system of non-Libyan officials is on a voluntary basis unless an agreement has been concluded with the countries of which these workers are nationals. The Committee once again requests the Government to state the number of non-Libyan officials who are women and the number of any such women who are covered by the social security system.

Article 3, paragraphs 2, 3 and 4. Duration of maternity leave. In its previous comments, the Committee noted that in its report for 2000, the Government stated that the incompatibility between Act No. 13 of 1980 on social security and the 1970 Labour Code has been eliminated in the new draft of the Labour and Employment Code to be submitted to the General People’s Congress for examination and enactment. The Committee also noted that section 67 of the draft provides for maternity leave of 90 days, which may be extended to 100 days where the woman gives birth to more than one child. It further noted that in its report for 2001, the Government no longer made any mention of the new Labour and Employment Code or of progress in examining and enacting it. In its latest report, the Government refers to a draft revision of the Labour Code which provides for maternity leave of 14 weeks (not 12 weeks, as indicated in the report for 2000) extendable to 16 weeks in the event of the birth of more than one child. The Committee hopes that in its next report the Government will not fail to provide a copy of the above draft together with information on its current status, and that it will send a copy of the text once it has been enacted.

The Committee again notes that the Government’s report contains none of the information requested on the other points raised previously. It accordingly draws the Government’s attention once more to the following matters:

(a)  The Committee recalls that section 43 of the Labour Code makes the granting of maternity leave conditional upon the completion of a qualifying period of six consecutive months of service with an employer, which is contrary to the Convention. The Government indicated previously that, under the terms of section 25 of the Social Security Act, the implementing regulations fix a qualifying period of four months’ contributions for entitlement to maternity cash benefits. It added that such a qualifying period is necessary to avoid abuse and that it is in conformity with Article 4, paragraph 4, of the Convention. While noting this information, the Committee wishes to emphasize that its comments did not concern the contribution requirements for entitlement to maternity benefit determined by the Social Security Act, but the six months’ qualifying period provided for in section 43 of the Labour Code for the granting of maternity leave. Since the Convention does not authorize any such requirement for entitlement to leave, the Committee hopes that this requirement will be eliminated in the near future when section 43 of the Labour Code is amended.

(b)  The Committee once again points out that section 43 of the Labour Code does not provide, as does Article 3, paragraph 4, of the Convention, that where confinement occurs after the presumed date, prenatal leave must in all cases be extended until 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 once again expresses the hope that it will be possible to supplement section 43 of the Labour Code by including a provision to this effect.

Article 4, paragraphs 1, 4 and 8. Cash benefits. The Committee notes that, according to the information the Government has been supplying for many years, employers are required to pay cash benefits to women workers who are entitled to them and who are covered by the social security system, and that the social security fund shall guarantee the payment of these benefits where the employer is unable to pay them. The Committee asked the Government to take all necessary steps to bring section 25 of Social Security Act No. 13 of 1980 into conformity with the above provisions of the Convention by organizing the provision of cash benefits in a manner consistent with the Convention and by ensuring that in no circumstances shall the employer be individually liable for the cost of such benefits due to women employed by him either directly, by paying at his cost the benefits to which they are entitled, or indirectly by acting in place of the social security fund. In its latest report, the Government states that the benefits in question are paid by the compulsory social security system for women workers in the public and the private sectors and for self-employed women who have paid contributions, and by the social security fund for other categories. The Committee notes, however, that the Government’s report contains no information as to the texts on which the above arrangements are based. It hopes that in its next report the Government will provide this information together with copies of any relevant texts.

In its previous comments, the Committee requested the Government to supply information on the adoption of the regulations implementing section 25 of Social Security Act No. 13 of 1980. Since the latest report contains no information on this matter, the Committee again requests the Government to indicate whether these implementing regulations have been adopted and, if so, to provide a copy of them. If not, the Committee again expresses the hope that they will be adopted very shortly and 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 benefit is provided will be extended for an equivalent period.

Part V of the report form. The Committee notes the information supplied by the Government on the number of women who have benefited from maternity protection. It requests the Government to provide detailed information on the manner in which the Convention is applied in practice, including, for example, the total number of women workers to whom the maternity protection legislation applies, the number of them who have benefited from the protection during the reference period, and relevant extracts of reports of the inspection services and information on the number and nature of contraventions reported.

[The Government is asked to report in detail in 2006.]

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication in its report that, as Act No. 13 of 1980 is applicable to all categories of workers, it considers that Article 1 of the Convention is applied. However, the Committee wishes to emphasize once again that for many years its comments concerning Article 1 of the Convention are not related to Act No. 13 mentioned above, but to section 1 of the Labour Code, which excludes from its scope, and therefore from the provisions of the Labour Code on maternity protection, the following categories of women 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. Noting that the Government’s report does not provide the information requested on this matter, the Committee expresses the firm hope that the Government will adopt all the necessary measures as soon as possible to be able to respond to the Committee’s concerns relating to the individual scope of application of the Convention, and that it will provide copies of the above regulations with an indication, in detail, of the manner in which the categories of women workers excluded from the scope of application of the Labour Code benefit from the protection envisaged by the Convention in relation to Article 3 (maternity leave), Article 5 (nursing breaks) and Article 6 (prohibition of dismissal).

Article 2. The Committee notes that the Government’s report does not contain the information requested in its previous observations. It had noted that, under the terms of section 5 of the Regulations respecting registration, contributions and inspection of 1982, the registration under the social security system of non-Libyan officials is on a voluntary basis, unless an agreement has been concluded with the countries of which these workers are nationals. The Committee therefore once again requests the Government to indicate the number of non-Libyan officials who are women and, where appropriate, the number of such women who are covered by the social security system.

Article 3, paragraphs 2, 3 and 4. Duration of maternity leave. The Committee notes the Government’s statement in its report in 2000 to the effect that the incompatibility between Act No. 13 of 1980 respecting social security and the Labour Code of 1970 has been eliminated in the new draft text of the Labour and Employment Code that is to be submitted to the General People’s Congress for examination and enactment. The Committee notes that section 67 of the above draft text provides for maternity leave of 90 days, of which one part, taken following confinement and not exceeding six weeks, shall be compulsory; this leave may be extended to 100 days in cases where the woman gives birth to more than one child. However, it notes that, in its last report submitted in 2001, the Government no longer refers to the draft text of the new Labour and Employment Code and does not therefore indicate the progress made with its examination and enactment. In these conditions, the Committee is bound to reiterate that the statutory law still consists of the Labour Code of 1970 and it is therefore bound to recall that section 43 of the Labour Code, which provides for the granting of pre- and postnatal maternity leave of a total duration of 50 days, is not in conformity with Article 3 of the Convention, which provides for the granting of maternity leave of a minimum duration of 12 weeks, which shall include a period of six weeks compulsory leave after confinement.

Furthermore, noting that the Government’s report has still not provided the information requested on the other matters raised in its previous observations, the Committee is bound to request the Government once again to reply to the following points:

(a)  The Committee recalls that section 43 of the Labour Code makes the granting of maternity leave conditional upon the completion of a qualifying period of six consecutive months of service with an employer, which is contrary to the Convention. The Government had indicated previously that, under the terms of section 25 of the Social Security Act, the implementing regulations fix a qualifying period of four months’ contributions for entitlement to maternity cash benefits. It adds that such a qualifying period is necessary to avoid abuse and that it is in conformity with Article 4, paragraph 4, of the Convention. While noting this information, the Committee wishes to emphasize that its comments did not concern the contribution requirements for entitlement to maternity benefit determined by the Social Security Act, but the six months’ qualifying period provided for in section 43 of the Labour Code for the granting of maternity leave. Since the Convention does not authorize any such requirement for entitlement to leave, the Committee hopes that this requirement will be eliminated in the near future when section 43 of the Labour Code is amended.

(b)  The Committee once again recalls that section 43 of the Labour Code does not provide, as does Article 3, paragraph 4, of the Convention, that where confinement occurs after the presumed date, prenatal leave must in all cases be extended until 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 once again expresses the hope that it will be possible to supplement section 43 of the Labour Code by including a provision to this effect.

Article 4, paragraphs 1, 4 and 8. Cash benefits. The Committee notes that, despite the observations that it has been making for many years, the information contained in the Government’s reports indicate that the employer shall pay the cash benefits to women workers who are entitled to them and who are covered by the social security system. It also notes that the social security fund may guarantee the payment of these benefits where the employer is unable to pay them. 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 event 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 not fail to take all the necessary measures to bring section 25 of the Social Security Act, No. 13 of 1980, into conformity with the above provisions of the Convention by organizing the provision of cash benefits in a manner that is in accordance with the Convention and by ensuring that in no case shall the employer be individually liable for the cost of such benefits due to women employed by him either directly, by paying at his cost the benefits to which they are entitled, or indirectly by acting in place of the social security fund.

Furthermore, as section 25 of the Social Security Act, No. 13 of 1980, does not contain provisions on the subject, the Committee requests the Government to indicate whether the regulations implementing this Act have been adopted and, if so, to provide a copy. If they have not been adopted, the Committee expresses the firm hope that the regulations implementing the Social Security Act will be adopted in the very near future and will explicitly 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 benefit is provided will be extended for an equivalent period.

Part V of the report form. The Committee requests the Government to provide detailed information on the manner in which the Convention is applied in practice, including, for instance, the total number of women in employment to which the legislation respecting maternity protection is applicable, the number of women workers who have benefited from such protection during the reference period, and relevant extracts from the reports of the inspection services and information on the number and nature of the contraventions reported.

The Committee hopes that the Government will make every effort to take the necessary measures to give full effect to the Convention in the very near future.

[The Government is asked to report in detail in 2004.]

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received for the third consecutive time. It must therefore repeat its previous observation which read as follows:

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 restricting 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. 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). Article 2. 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. Article 3, paragraphs 2, 3 and 4 (Length of maternity leave). In answer to the Committee's previous comments, the Government indicates that section 43 of the Labour Code of 1970, which provides for a total of 50 days' prenatal and postnatal maternity leave, is to be considered as having been implicitly repealed following the adoption of section 25 of the 1980 Social Security Act, under which women workers are entitled to maternity benefit for a period of three months. The Committee notes this statement. Since section 25 of the Social Security Act concerns the payment of benefits to women workers in the event of the birth of a child, and not the maternity leave itself which is dealt with in section 43 of the Labour Code, the Committee trusts that the Government will have no difficulties in amending above-mentioned section 43 in order to bring it into conformity with the provisions of the Social Security Act and Article 3 of the Convention, which provides for a minimum of 12 weeks' maternity leave, of which six weeks at least must be taken after confinement. The Committee recalls in this connection that, in its previous report, the Government stated that the tripartite committee established under the decision of the secretary of the Public Service People's Committee recommended to the General People's Committee that, in particular, section 43 of the Labour Code should be amended to bring it into conformity with Article 3 of the Convention. It hopes that, in making the above amendment, the Government will also take the following points into consideration: (a) the Committee recalls that section 43 of the Labour Code makes the granting of maternity leave conditional upon the completion of a qualifying period of six consecutive months of service with an employer, which is contrary to the Convention. In its last report, the Government indicates that under section 25 of the Social Security Act, the implementing regulations fix a qualifying period of four months' contributions for entitlement to maternity cash benefits. It adds that such a qualifying period is necessary to avoid abuse and that it is in conformity with Article 4, paragraph 4, of the Convention. While noting this information, the Committee wishes to point out that its comments concerned not the contribution requirements for entitlement to maternity benefit fixed by the Social Security Act, but the six months' qualifying period provided for in section 43 of the Labour Code for the grant of maternity leave. Since the Convention does not allow any such requirement for entitlement to leave, the Committee hopes that it will be removed from the legislation when section 43 of the Labour Code is amended; (b) the Committee again recalls that section 43 of the Labour Code does not provide, as does Article 3, paragraph 4, of the Convention, that where confinement occurs after the presumed date, prenatal leave must in all cases be extended to the actual date of the 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 in the near future to amend section 43 of the Labour Code by including a provision to this effect. Article 4, paragraphs 1, 4 and 8 (Cash benefits). (a) In accordance with the last paragraph of section 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 benefit is provided will be extended for an equivalent period.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

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 restricting 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. 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). Article 2. 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. Article 3, paragraphs 2, 3 and 4 (Length of maternity leave). In answer to the Committee's previous comments, the Government indicates that section 43 of the Labour Code of 1970, which provides for a total of 50 days' prenatal and postnatal maternity leave, is to be considered as having been implicitly repealed following the adoption of section 25 of the 1980 Social Security Act, under which women workers are entitled to maternity benefit for a period of three months. The Committee notes this statement. Since section 25 of the Social Security Act concerns the payment of benefits to women workers in the event of the birth of a child, and not the maternity leave itself which is dealt with in section 43 of the Labour Code, the Committee trusts that the Government will have no difficulties in amending above-mentioned section 43 in order to bring it into conformity with the provisions of the Social Security Act and Article 3 of the Convention, which provides for a minimum of 12 weeks' maternity leave, of which six weeks at least must be taken after confinement. The Committee recalls in this connection that, in its previous report, the Government stated that the tripartite committee established under the decision of the secretary of the Public Service People's Committee recommended to the General People's Committee that, in particular, section 43 of the Labour Code should be amended to bring it into conformity with Article 3 of the Convention. It hopes that, in making the above amendment, the Government will also take the following points into consideration: (a) the Committee recalls that section 43 of the Labour Code makes the granting of maternity leave conditional upon the completion of a qualifying period of six consecutive months of service with an employer, which is contrary to the Convention. In its last report, the Government indicates that under section 25 of the Social Security Act, the implementing regulations fix a qualifying period of four months' contributions for entitlement to maternity cash benefits. It adds that such a qualifying period is necessary to avoid abuse and that it is in conformity with Article 4, paragraph 4, of the Convention. While noting this information, the Committee wishes to point out that its comments concerned not the contribution requirements for entitlement to maternity benefit fixed by the Social Security Act, but the six months' qualifying period provided for in section 43 of the Labour Code for the grant of maternity leave. Since the Convention does not allow any such requirement for entitlement to leave, the Committee hopes that it will be removed from the legislation when section 43 of the Labour Code is amended; (b) the Committee again recalls that section 43 of the Labour Code does not provide, as does Article 3, paragraph 4, of the Convention, that where confinement occurs after the presumed date, prenatal leave must in all cases be extended to the actual date of the 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 in the near future to amend section 43 of the Labour Code by including a provision to this effect. Article 4, paragraphs 1, 4 and 8 (Cash benefits). (a) In accordance with the last paragraph of section 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 benefit is provided will be extended for an equivalent period.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that the next report will include full information on the matters raised previously by the Committee as regards the following Articles.

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 restricting 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. 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).

Article 2. 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.

Article 3, paragraphs 2, 3 and 4 (Length of maternity leave). In answer to the Committee's previous comments, the Government indicates that section 43 of the Labour Code of 1970, which provides for a total of 50 days' prenatal and postnatal maternity leave, is to be considered as having been implicitly repealed following the adoption of section 25 of the 1980 Social Security Act, under which women workers are entitled to maternity benefit for a period of three months. The Committee notes this statement. Since section 25 of the Social Security Act concerns the payment of benefits to women workers in the event of the birth of a child, and not the maternity leave itself which is dealt with in section 43 of the Labour Code, the Committee trusts that the Government will have no difficulties in amending above-mentioned section 43 in order to bring it into conformity with the provisions of the Social Security Act and Article 3 of the Convention, which provides for a minimum of 12 weeks' maternity leave, of which six weeks at least must be taken after confinement. The Committee recalls in this connection that, in its previous report, the Government stated that the tripartite committee established under the decision of the secretary of the Public Service People's Committee recommended to the General People's Committee that, in particular, section 43 of the Labour Code should be amended to bring it into conformity with Article 3 of the Convention. It hopes that, in making the above amendment, the Government will also take the following points into consideration.

(a) the Committee recalls that section 43 of the Labour Code makes the granting of maternity leave conditional upon the completion of a qualifying period of six consecutive months of service with an employer, which is contrary to the Convention. In its last report, the Government indicates that under section 25 of the Social Security Act, the implementing regulations fix a qualifying period of four months' contributions for entitlement to maternity cash benefits. It adds that such a qualifying period is necessary to avoid abuse and that it is in conformity with Article 4, paragraph 4, of the Convention. While noting this information, the Committee wishes to point out that its comments concerned not the contribution requirements for entitlement to maternity benefit fixed by the Social Security Act, but the six months' qualifying period provided for in section 43 of the Labour Code for the grant of maternity leave. Since the Convention does not allow any such requirement for entitlement to leave, the Committee hopes that it will be removed from the legislation when section 43 of the Labour Code is amended;

(b) the Committee again recalls that section 43 of the Labour Code does not provide, as does Article 3, paragraph 4, of the Convention, that where confinement occurs after the presumed date, prenatal leave must in all cases be extended to the actual date of the 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 in the near future to amend section 43 of the Labour Code by including a provision to this effect.

Article 4, paragraphs 1, 4 and 8 (Cash benefits). (a) In accordance with the last paragraph of section 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 benefit is provided will be extended for an equivalent period.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report contains no new information in reply to previous comments. It must therefore repeat its previous observation which read as follows:

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 restricting 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). 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. Article 3, paragraphs 2, 3 and 4, of the Convention (length of maternity leave). In answer to the Committee's previous comments, the Government indicates that section 43 of the Labour Code of 1970, which provides for a total of 50 days' pre- and post-natal maternity leave, is to be considered as having been implicitly repealed following the adoption of section 25 of the 1980 Social Security Act, under which women workers are entitled to maternity benefit for a period of three months. The Committee notes this statement. Since section 25 of the Social Security Act concerns the payment of benefits to women workers in the event of the birth of a child, and not the maternity leave itself which is dealt with in section 43 of the Labour Code, the Committee trusts that the Government will have no difficulties in amending the above-mentioned section 43 in order to bring it into conformity with the provisions of the Social Security Act and Article 3 of the Convention, which provides for a minimum of 12 weeks' maternity leave, of which six weeks at least must be taken after confinement. The Committee recalls in this connection that, in its previous report, the Government stated that the tripartite committee established under the decision of the secretary of the Public Service People's Committee recommended to the General People's Committee that, in particular, section 43 of the Labour Code should be amended to bring it into conformity with Article 3 of the Convention. It hopes that, in making the above amendment, the Government will also take the following points into consideration: (a) The Committee recalls that section 43 of the Labour Code makes the granting of maternity leave conditional upon the completion of a qualifying period of six consecutive months of service with an employer, which is contrary to the Convention. In its last report, the Government indicates that under section 25 of the Social Security Act, the implementing regulations fix a qualifying period of four months' contributions for entitlement to maternity cash benefits. It adds that such a qualifying period is necessary to avoid abuse and that it is in conformity with Article 4, paragraph 4, of the Convention. While noting this information, the Committee wishes to point out that its comments concerned not the contribution requirements for entitlement to maternity benefit fixed by the Social Security Act, but the six months' qualifying period provided for in section 43 of the Labour Code for the grant of maternity leave. Since the Convention does not allow any such requirement for entitlement to leave, the Committee hopes that it will be removed from the legislation when section 43 of the Labour Code is amended. (b) The Committee again recalls that section 43 of the Labour Code does not provide, as does Article 3, paragraph 4, of the Convention, that where confinement occurs after the presumed date, pre-natal leave must in all cases be extended to the actual date of the 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 in the near future to amend section 43 of the Labour Code by including a provision to this effect. Article 4, paragraphs 1, 4 and 8 (cash benefits). (a) In accordance with the last paragraph of section 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 benefit is provided will be extended for an equivalent period.

The Committee hopes that the Government, taking into account the technical committee's comments which recommend reformulating the provisions related to maternity leave in accordance with the provision of the Convention, will be able to indicate in its next report that progress has been made on the above-mentioned points.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Article 3, paragraphs 2, 3 and 4, of the Convention (length of maternity leave). In answer to the Committee's previous comments, the Government indicates that section 43 of the Labour Code of 1970, which provides for a total of 50 days' pre- and post-natal maternity leave, is to be considered as having been implicitly repealed following the adoption of section 25 of the 1980 Social Security Act, under which women workers are entitled to maternity benefit for a period of three months. The Committee notes this statement. Since section 25 of the Social Security Act concerns the payment of benefits to women workers in the event of the birth of a child, and not the maternity leave itself which is dealt with in section 43 of the Labour Code, the Committee trusts that the Government will have no difficulties in amending above-mentioned section 43 in order to bring it into conformity with the provisions of the Social Security Act and Article 3 of the Convention, which provides for a minimum of 12 weeks' maternity leave, of which six weeks at least must be taken after confinement. The Committee recalls in this connection that, in its previous report, the Government stated that the tripartite committee established under the decision of the secretary of the Public Service People's Committee recommended to the General People's Committee that, in particular, section 43 of the Labour Code should be amended to bring it into conformity with Article 3 of the Convention. It hopes that, in making the above amendment, the Government will also take the following points into consideration:

(a) The Committee recalls that section 43 of the Labour Code makes the granting of maternity leave conditional upon the completion of a qualifying period of six consecutive months of service with an employer, which is contrary to the Convention. In its last report, the Government indicates that under secion 25 of the Social Security Act, the implementing regulations fix a qualifying period of four months' contributions for entitlement to maternity cash benefits. It adds that such a qualifying period is necessary to avoid abuse and that it is in conformity with Article 4, paragraph 4, of the Convention. While noting this information, the Committee wishes to point out that its comments concerned not the contribution requirements for entitlement to maternity benefit fixed by the Social Security Act, but the six months' qualifying period provided for in section 43 of the Labour Code for the grant of maternity leave. Since the Convention does not allow any such requirement for entitlement to leave, the Committee hopes that it will be removed from the legislation when section 43 of the Labour Code is amended.

(b) The Committee again recalls that section 43 of the Labour Code does not provide, as does Article 3, paragraph 4, of the Convention, that where confinement occurs after the presumed date, prenatal leave must in all cases be extended to the actual date of the 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 in the near future to amend section 43 of the Labour Code by including a provision to this effect.

2. Furthermore, the Committee notes that the Government's report contains no information in answer to the comments it has been making for many years on a number of matters. In these circumstances, the Committee is bound to repeat its former comments which read as follows:

Article 1 of the Convention (scope). In its previous comments, the Comittee noted that under section 1 of the Labour Code, the scope of the Code and, consequently, the provisions of the Code restricting 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). 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. Article 4, paragraphs 1, 4 and 8 (cash benefits). (a) In accordance with the last paragraph of section 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 no 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 benefit is provided will be extended for an equivalent period.

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

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.