قانون رقم (39) لسنة 1972 بشأن التصديق على اتفاقية الأيدي العاملة بين الجمهورية العربية الليبية وجمهورية الصومال الديمقراطية

Law No. (39) of 1972 AD

On Ratification of the Manpower Agreement between the

Libyan Arab Republic and the Somali Democratic Republic

In the Name of the People

The Revolutionary Command Council

● Upon review of Constitutional Declaration No. (1) issued on 2 Shawwal

1389 AH, corresponding to 11 December 1969 AD; and

● Based on the submission of the Ministry of Unity and Foreign Affairs and approval of the Council of Ministers,

Issued the following law:

Article (1)

The Manpower Agreement between the Libyan Arab Republic and the Somali Democratic Republic signed in the city of Benghazi on the first of Dhul Hijjah 1391 AH corresponding to 17 January 1972 AD, provisions of which are attached thereto, shall be ratified.

 Article (2)

This law shall be published in the Official Gazette.

The Revolutionary Command Council

(Colonel / Muammar Gaddafi)

Prime Minister

Abdul Ati Al Obaidi

Minister of Unity and Foreign Affairs                                       Minister of Labor and Social Affairs

Issued on 6 Safar 1392 AH

Corresponding to 22 March 1972 AD

Technical Manpower Agreement

By and Between

The Libyan Arab Republic and the Somali Democratic Republic

The governments of the Libyan Arab Republic

and the Somali Democratic Republic

In order to strengthen the bonds of brotherhood and existing cooperation between them; with a desire to promote

and regulate the process of employing Somali manpower in the Libyan Arab Republic;

and to realize the content of the coordination framework signed between them,

The Parties have agreed as follows:

Article (1)

The government of the Libyan Arab Republic shall take the measures it deems appropriate to employ Somali manpower in Libya in case of lack of manpower to meet the Country’s needs. Both Parties shall exchange information about the needs of the Libyan Arab Republic and Somalia’s manpower capabilities.

 Article (2)

The competent Libyan authorities shall refer to the competent Somali authorities the employment offers submitted to them by employers in the Libyan Arab Republic. The Somali authorities shall respond to these requests within the limits of their available capabilities.

Article (3)

The method of submitting employment offers; the way of selecting the workforce and responding to these offers; and the other procedures necessary to implement this Agreement shall be determined by agreement between the competent authorities in both Countries.

Article (4)

Both Contracting Parties shall agree on the method and means of transportation from the worker's country to the place of work so that the percentage of the travel costs borne by the worker may not exceed 40%, which shall be deducted from his wages in the proportion prescribed by Law. The rest shall be borne by the employer.

Article (5)

Somali workers employed in the Libyan Arab Republic shall hereunder enjoy the same treatment and benefits as Libyan workers in accordance with the Law. They shall have the same rights and duties as Libyans pursuant to the Libyan laws. They shall also be treated equally as nationals of other countries.

With regard to social security in particular, Somali workers in the Libyan Arab Republic shall enjoy the same benefits and rights granted to Libyan workers, provided that a special agreement is concluded later between both Parties in this regard.

Article (6)

In the event of a dispute between the employer and the workers, complaints shall be submitted to the competent Libyan authorities in accordance with the legal procedures in place in order to facilitate reaching an amicable settlement of the dispute. If an amicable solution cannot be reached, the dispute shall be referred to the competent judicial authorities in accordance with the Law.

Article (7)

If an employment agreement is terminated for a reason other than resignation or dismissal as a result of an error that requires the dismissal of the worker by law, the worker may, with the assistance of the competent authorities, find another job, with the same conditions and in the same profession, if available. Otherwise, he shall be returned to his country in the same manner in which he came after being given his legal entitlements of remuneration and compensation and after deducting the value of his contribution to the transportation costs.

Article (8)

The worker shall have the right to send to Somalia any wages that he saves in accordance with the legislation and financial systems in place in the Libyan Arab Republic.

Article (9)

A joint committee shall be formed and shall:

(a) Follow up on the implementation of the labor agreement and take the necessary measures in this regard;

(b) Propose a revision of the labor agreement when necessary; and

(c) Settle all difficulties that occur with regard to the implementation of this agreement and that are presented to it by either party. The committee shall issue a final decision on the matter within three months.

Members of this committee shall be appointed by both Parties, and its meetings shall be held in the Libyan Arab Republic at the request of one of the Parties according to such conditions and on such dates specified by both Parties.

Article (10)

This agreement shall come into force as of the date of its ratification in accordance with the applicable legal procedures in both countries.

It shall remain in force for an automatically renewable period of five years, unless a contracting party requests in writing to revoke or amend the same six months before the date of its expiry.

Executed in Benghazi on 1 Dhul Hijjah 1391 AH, corresponding to 17

January 1972 AD, in two original copies in Arabic.

For the government of the                                                        For the government of the

Somali Democratic Republic                         Libyan Arab Republic

Mohamed Warisma                                                        Abdul Ati Al Obaidi

Minister of Commerce                                                    Minister of Labor and Social Affairs