If the emplover or his representative attacks the em- ployee, and 5. If there exists a serious danger which threatens the safety or health of the employee provided that such danger is known to the employer and that he did not im- plement the established safety measures or those impos- ed by the competent authorities within the prescribed date. Tf the employes ieaves the work for any of the foregoing reasons, the employer shall be compelled to pay him an indemnity for the period of iis service in the manner specified in Article (AT) without prejudice to any compensation which the court may rule, Article (54) for in Article (27), if the | ticle ( ‘The female einployee, on the vecasion of her marriage or ehilubirth for the Ziyst time, shall be entitled to the indemnity provided for in Article (47) if she leaves the work upon notifying Une employer thereo? during six months from the date of the mar Hye contract or ¢hree months from the date of childbirth in the soconnt ease, provided that the said female employee has spent in Ute service of the employer three consecutive years. If the period of service #s less, she shall then be entitled to half the indemnity. mate |Article (461 : ‘The definitive term contract shall expire upon the expiration of such term without the need for a warning or notice. If ike a term of the contract is indefinitive, each party may repeal = upon notifying the other party by means of a registe with an acknowledgment of receipt thirty days prior to t = of repealing in respect of monthly-paid employees and days in respect of other employees. If the notice was ac ei to the employee, the employer must grant daily and y . throughout the notice period, at least two out of actual hours rie to Jnole for-onether.job. If the cntoract was repealed with out FeGard to the notice period, the party who repeals it shail be obligated to render to the other party an indemnity equal to the employee's pay Zor the notice period or balance thereof, Ss Article (47) 2 aa Acticle (48) i ‘The employee's last pay shall be taken as basis for ! valuation of the compensation provided for in Article (46) indemnity provided for in (47) as regards employees who r2 i their pay on a monthly, weekly, daily or hourly basis. The i ployees whose pay is fixed by piece or in any other manner, t Valuation shail be on the basis of the average amount receiv | ! = the empioyee for the actual working days during the three nor: which preceed the termination of the contract or for the en : period of work if it is less than three months. 24 BU Be Bo Wd BUBB BEBE SEeaeayenter t cash benefits to the employee, as the right of the employee to said cash benefits is based on the contributions he pays to INAS pursuant to tho said law. The cmployer's obligation therefore, wuld not be restricted to the participation in the employee's pay uring his illness, disability or childbirth, in case of women, ‘Acting upon the same wisdom, the law ruled that it is not yermitted to prejudice the rights of the employees under the pro- Visions of the Social Insurance Law, nor it is permitted to reduce the cash benefits due hereunder by the amount of pay received hy the employees during sick leaves. “Ti he law recognized a termination 5 e loyees and did not deprive them of it except when the termina- tion of the contract by the employer Was prompted by the causes snumerated in Article (51), Thereby, the law restored to the | Gnployees a right witich was robbed from them for many years, dhuring which Lime they kept complaining in view of the fact that Lie previous Labour Law tended to deny suck right under the P inctoxt that the employees were members of the old age pension Seanch, Placing the employers under the obligation to pay a ter- | mination indemnity means to add a new burden over and above the share borne by them in such branch of insurance. However, itis two-sided obligation on the employer is only extraneous on consideration that the payment of termination indemnity is bas- cé ot the idea of helping the employee to meet the circumstances ‘esultiag from the cessution of his source of income on which he “ upends in his life, It also affords protection for the employee against any deviation in which he may get involved as a result - of his unemployment, whereas the idea on whieh the old age pen- "sion inaieanee plan was based is to protect the employee against | {v pwicular danger, that of old age or retirement and to provide “ hhim with a permanent source of income in his old ege when he becomes unable to perform any work to earn his living. Thus the uifference becomes clear between the termination indemnity | and the old age pension towards whiea the employes also con. Uibutes in order to establish his right therein through the con- Lributions paid in conjunction with the employer. Thus the idea of two-sided obligations assumed by the employer vis-a-vis em- ployee is dismissed, which idea was utilized as basis for depriving 93 mee)5 i Provisions are included in individual or collective contracts | 12. Article (60) of the Law regulated the procedures to be fol | lowed in case of arbitrary discharge of an employee and eliminat ed any dispute over the determination of the competent court responsible for examining the plea to arrest the execution of the termination order, Under the provisions of this Article, the labour office refers the dispute to the Judge of Urgent Matters in the Court of Summary Judgment within whose jurisdiction the place of work is located. In order to check any desire or inclination on the part of the employer to get rid of the employee by terminnt. ing his contract without a legitimate reason, the competent court was permitted to rule the reinstatement of the discharged ein ployee, either upon his request or in the eases provided for in the law. Its competence, therefore, does not stop at the point of issuing a decision ordering payment of an indemnity toa. di charged employee. This principle is found in both German and Dutch legislations imasmuch as they contain protection to the employee against the rashnesa of the employer and safeguard] the employee of him, which will compel the employer to think deeply and quietly before venturing on the discharge of an em. ployee and this shall have a considerable effect on the stability of employment. Article (50) did not deprive the employee of his ight to recourse to court in accordance with the rules and pro cedures provided for in the Civil and Commercial Procedures Code. ‘This settles the dispute over the short deadlines provided for in the Labour Law when the ease of arbitrary discharge is examined if referred by the Labour Office to the court and whe- ther such deadlines apply to cases directly filed hy the employee 1h the event of his discharge without justification. The Law, also, eliminated the disputes over the nature of the liability arising from such dismissal and ruled that such liability shall be deemed ‘to be arising from the contract of employment with all the effects onsequent thereupon as concerns the determination of the court competent with looking into the dispute and. prescription competent with looking. dispute nod prescription. | 943 3 2 2 2 tenons Owing to the inclination of masy employers to create pr Vident or pension funds for their employees, it became necessary — Uist these funds should be regulated by some legal provisions showing the relation betweon the entitlements of the employees therein and their termination indemnity. Under these funds, the Ministry of Labour and Social Affairs was given the right of exercising coutrol over the ereation of such funds in accordance wilh tie provisions of Article (57) which provide that the gov. wrning regulations of the funds must be approved by the sald Ministry prior to implementation, In order that the employees pbtain their legal entitlements at the termination of their eon, cls, tie said Article uuthotized the Minister of Labour and Social Affairs to bind some commercial, and industrial eatablish- ments by the ereation of provident or pension funds for theis and 14. Article (39) necessitnted the fuifllment of all the obliga: Hous set forth in the Chapter pertaining to Individual Contract of Emiployment even if the activities of the establishment or firm ising the employees ceased, whether through dissolution, liqui- tlativn, closing down or bankruptey and algo in the event of a9 “ignment to another employer by an act of transfer, or if the employer is changed for any reason, whatsoever it order to avoid any digpute which may arise with regard te he conclusion and implementation of the contract of employ ment in the event the employer ig changed, the sald Article (59) Uovided that in cases othe: than dissolution, liquidation, closing Gown or bankcuptey, the coutracts of employment of the ene Dloyees of the establishment shall continue to be in effect, ‘The Sag wot Jointly with his predecessor, shall be assumed respon, Tanaicet iomouting all Usbilities, provided that all mich joint {ability continues to be in effect for one year as regards the sent naa Which terminated before the change of employer took lace, "confirmation of the foregoing provision, Article (61) pro- pied that all the employers among themselves shail be Jointly {able tor any violation of the provisions of the Tndivideas ce” “net of Employment, Subcontractors or those to whem sre 95« SAGHRIEF BUREAU FOR LEGAL MAGHARIEF . STR . No. 215 TEL ; 9996811 - 9931739 3391733 — FAX : 218.21, 9931799 ©.0, Box SgughNdll deg SU SA ass 215 pay GeyHll aanel gl 296011: Ls TRANSLATION 248.21 9931733! ppm ae Poca — 4487 2. 467 - TRIPOLI» LIBYA 19 The contract of labour expires by labourer and it may be terminated by the labourer to do his work or for the disease of the labo Misease that forced him to desist continuously from labour for a period not less than one hundred ays, or for separate and scattered periods that e: during one year. The proof of the disease or disability shall be by @ medical certificate issued by the National Organization of Social Insurance, but if the lebourer is not insuzed the cert cate can be issued by the Government Doctor in the area. fie ‘The employer is not permitted to use his r the rules of Article (46) to cancel the contract du g period of disease or disability or during the period at which the labourer is enjoying the cash - aids in the case of disease or work - accident according to the rules of the Law of Social Insurence, nor is the ewployer permitted to cancel the contract after the passage of the forementioned period and the return of the Labourer to resume his work. If the contract is terminated for one of the reasons ed his dependents the remuneration stipulated mentioned in the first paragreph the employer shall be obl. to y the labourer or iele (47). Arti 57. If there is a saving fund for the labourers at the estab- lishment and if the regulation of the saving fund stipulated that what is paid by the employer to the fund in favour of the ! “labourer is paid against his legal obligation of the final leave "gratuity, and if this payment by the employer is equal to the "remuneration deserved by the labourer according to the rules of “this section or more than it, then thie amount paid by the employer te the saving fund should be given to the labourer ingtead of the remuneration otherwise a remuneratiion.is deserved. he fund did not stipulate that the s against his legal obligstion of ‘tuity then the labourer has the If the regulation of tt “amount paid by the employer i “the labourer's final leave~gra “right to get what he deserves from the saving fund in accordance “with its regulation, and has also the right to get the remuneration _stipulated by this Law.“yaGARIEF BUREAU FOR LEGAL ae Ah gill Hg, SM 2 BN aie ‘TRANSLATION MAGHARIEF . STR . No. 218 215 gly QyAM canal g 3th TEL : 9896801 - 3991739 3331733 — 923674 | tL FAX : 218.21, 9931793 24B 2) = 3381790! yee Oe _ 44 POL) - LIBYA st a pension-fund in degerves pension may choose ratuity, and if the serv ension then he is en on-fund which Those who are in charge of establishing or the pension funds at the establishment must get the spor the Ministry of Lavowrer and Social A2f Zo the reguli these funds before they enforce them. Tne non-obj Che Ministry against these regulations within a period of ni days from the date of presentation of them shall be considered or taken as approval. Tae Minister of Labour and Social Affairs may t ‘once some covmercial and industrial establishments {eiale and labourers saving - or pension article are applicable. article (58) The employer should give the lebour the end of hie contract a certificate on which should be stated ne tate he starved or entered services and the date he terminated 2° Ghd the kind of work he has deen performing, also should be f2ted therein upon demand of the labourer the snount of the seat fte tind of other privileges, if there are xany, end any other Gata the labourer may See of benefit to him to be included op the i Certificate. And the employer should return to the laboure= the papers, certificates or tools delivered to him, o (59) | qe digsolution, liquidation, closure, bankruptcy, anelge- mation or the inheritence or bequest or sale of the establishment cevany other conveyance, disposal, or practice shall not prevent or metiivent of ali the obligations stipulated in this action » the Sith exeeption of the cases of liquidation, baukruptoy or, final eieeume the labourer contracts of the labourers of the esteblis ment shall be in force and effective. Articl he successor shall jointly with the former employers be responsible for che implementation of all the mentioned obligations wed hig responsibility shall continue for a period of one year in Pespect of other than’ the existing contracts.Great Socialist People’s Libyan Arab Jamahiriya General People’s Committee Work and Vocational Training Authority Employer Employment Contract for Non-Libyans 1977 after Prophet's demise aining Authority and ‘This form is prepared and approved by virtue of Decision No. (42) for the y (AD 2009) of the Secretary of Management Committee for Work and Vocational 1 it is applicable to the Non-Libyans working in the Great Jamahiriya. ‘This contract is issued as a unified form by the Work and Vocational Training Authority and is available at website www.smpt.gov.ly Free of chargeOn corresponding to ......./:..../...+. AD this contract is concluded according to the provisions of the Libyan Work Law and the regulations for the employment of the Non-Libyans between each of, 1 — First Party Represented by His capacity His address 2 Second Party Nationality Date of birth .....-/-c00/ Passport No. Date of Issue 1.0... csseof sss Place of issue Qualification Specialization Trade Address. Preamble Since the First Party wishes to benefit form the services of the Second Party in the field of his specialization, and since the Second Party has the qualification and experience necessary for the occupation of the requested position and has the desire to work for the First Party, both parties have agreed to conclude this contract according to the following: Article (1) The Second Party undertakes to work with the First Party in the position of ( ) for a period of ( ), starting from the Article (2) his contract may be renewed for the same period, by written notification and addressed by the Second Party three months prior to the expiry of the contract period, and the period of renewal is calculated from the day following expiry of contract Article (8) "The Second Party is subject to one month probation period starting from the date of his commencement of work and the Second Party is considered to have passed successfully the probation period if no notification of Termination of Services is forwarded to Second Party by the First Party, before expiry of probation. If the Termination is from the First Party, the Second Party is entitled only to his salary for the period of one month from the date of receipt of his notification or from the date of completion of probation period, whichever is closer. In this case, the Second Party is entitled to his and his family repatriation expenses according to the conditions stipulated in Article (9) of this contract if contracting, was made overseas and Second party was recruited from overseas under this contract. However, if contract termination is from the Second Party during the said period, the Second Party shall not be entitled but to his salary until the last day of his actual work Article (4) ‘The First Party will pay to the Second Party a month salary in the amount of ( ) as form the date the Second Party commences work, including all other allowances and benefits legally determine for his position, The salary is subject to all deductions determined by law. Article (5) “Phe Second Party is entitled to annual increment pertaining specified for his position from the elapse of cone year from commencement of his work, and for each year after the previous inerement ‘The increment is given according to the annual report efficiency.Article (6) The Second Party shall enjoy the annual and sick leaves and other vacations allotted to the Second Party according to the regulations organizing the employment of Non-Libyans. Article (7) Duties & Prohibitions ‘The Second Party shall abide by the laws, regulations and rules in foree, and shall 5 following: ally, abide the ~To carry out the work entrusted to him accurately and sincerely in the allocated place of the work and during the working hours specified. ‘To observe the orders and instructions of the First Party according to the rules, regulations and 1 laws applicable 3. —To preserve the dignity of his work and follow in his behaviour a path that respected due 4, —To offer proper treatment to people and to those dealing with the First Party To exert his efforts in training the nationals working with him or under his supervision ‘o safeguard the tools and equipments handed over to him according to his position and use them in the work entrusted to them, conforms to the [tis also forbidden to the Second Party to carry out any works prohibited by the laws and regulations especially to: 1, Disclose secrets he has access to, by virtue of his position, valid even after end of the service, 2, ~ Violate employer's safety regulation procedures 3. ~Work simultaneously with others, either with or without payment Keep for him any of the documents pertaining to First Party ~ Accept any presents or commissions from third parties for conducting his duties. ‘This obligation shall continue to be Article (8) “The First Party shall have the right to end this contract at any time by addressing to the Second Party a ning period of the contract, whichever is shorter, and the two-month notice or a notice covering, the rei Second Party shall be entitled to his salary for the notice of the remaining part of the contract in addition to Second Party's other rights arising from Termination of the contract. Article (9) “The First Party shall have the right to end the contract without notice or remuneration or compensation in the following cases: 1, = Ifthe Second Party is convicted in a misdemeanour or crime or in violating honour or for an act related to the personality of the state detrimental to the existence of the same. 9. = If he fails to meet his duties of his position. $, —Ilproven that the Second Party is engaged in political activity against the People’s PowerArticle (10) he Second Party shall be entitled to the following benefits and allowane 1. = Monthly home allowance in the amount of — Furniture allowance in the amount of,......-. , paid once upon commencement of work in the Great Jamahiriya 3. — Travel tickets for the Second Party and Second Party's wife and for three (3) members of the Second Party's under-age children, in the tourist class, from and to the country of contract or home country, whichever is nearest. ‘The tickets shall not be paid to the Second Party upon the first contract, if the contract is made locally. It is a condition that the dependents travel with the Second Party so that the tickets are paid. ‘The tickets may not be paid in cash. For the provision of the tickets, the city of in the country of : is considered as the homeland of the Second Party. The Second Party shall not be entitled to travel tickets in this paragraph, if the contract is Article (11) Regarding what has not been specifically mentioned in this contract, the provisions and rules of the Labour Law and the regulations for the employment of Non-Libyans decided by the employer shall be applied, should those exist. ticle (12) fhe Contract is made in Arabic, in three copies, and after their authentication one copy shall be handed to each party, while the third one is kept in the competent work office, with all these copies having the same legal effect. FIRST PARTY SECOND PARTY Name «... Name ... Capacity .. Signature ........ Signature Approved by WORK AND VOCATIONAL TRAINING AUTHORITY Name. Capacity Signature ......