Decree No. (451) of 1994 on defining incidental and temporary activities in the scope of application of the provisions of the Social Security Law

The General People’s Committee

Decree No. (451) of 1423 FBP

on Identifying Casual and Temporary Jobs

within the Application Scope of the Social

Security Law (1)

 

The General People’s Committee
Upon review of:

• Labor Law No. (58) of 1970 AD;
• Law No. (55) of 1976 AD on the Civil Service;
• Law No. (13) of 1980 AD on Social Security;
• Law No. (15) of 1981 AD on the Salary System of National workers; and

in the Socialist People’s Libyan Arab Jamahiriya, and

• Based upon the General People’s Committee for Health and Social Security’s Letter No.

(ل . ش . ع . 5 . 4893) dated 30/08/1423 FBP,

 

has decreed the following:

 

Article (1)

Security, retirement and insurance pensioners under social security legislations may be employed in casual and temporary jobs, in accordance with the provisions of this Decree.

 

Article (2)

Jobs shall be considered casual or temporary if not permanent or ongoing by nature, as specified in the schedule enclosed herewith.

 

Article (3)

Contracting with the pensioners referred to in Article (1) above to carry out the jobs specified in the enclosed schedule shall be effected through contracts identifying the term and nature of the job as well as the compensation to which the worker is entitled. 

In all cases, the contract term may not exceed six months per financial year or the term specified for the completion of the temporary work, whichever is lesser.

 

Article (4)

Save the cases where contracts are entered into for replacing non-Libyan staff, employers may recruit the above pensioners only after obtaining an approval from the Secretariat of the General People’s Committee for Planning and Finance, in case of employment in general administrative units, or the competent financing entity, in case of employment in other entities, as the case may be. 

 

Article (5)

If a pensioner is employed by any employer in violation of the provisions of this Decree, such job shall be subjected to the provisions of the Social Security Law No. (13) of 1980 AD, by obliging the employer and the pensioner to pay security subscriptions and take the necessary measures to suspend the disbursement of pension as of the date of termination or expiration of work term, as the case may be.

 

Article (6)

All entities shall notify the General Authority for Manpower and Social Security Fund of any contract concluded with the pensioners referred to in Article (1) above.

 

Article (7)

Any provision that is contrary to the provisions of this Decree shall be repealed.

 

Article (8)

This Decree shall enter into force as of the date of its issuance and shall be published in the official gazette.

 

The General People’s Committee 

Issued on: 17 Rabie’ Al-Akher 1404 FDP

Corresponding to: 24 September 1423 FBP

 

Schedule of

Casual and Temporary Jobs 

 

1.      Seasonal activities in the field of agriculture and industry, such as plowing, harvesting, reaping fruits, fishing and fish canning. 

2.      Aid in cases of emergency. 

3.      Working at hotels during national holidays and conferences held in the Jamahiriya. 

4.      Giving lectures and lessons by persons qualified and experienced in scientific and technical fields. 

5.      Engagement of experts and specialists in carrying out the functions of a committee formed to accomplish a specific function or otherwise. 

6.      Temporary jobs required by employers to complete a specific work, such as port work. 

7.      Jobs related to annual and periodic statistics and general census. 

8.      Translation jobs. 

9.      Jobs related to accompanying geological teams. 

10.     Jobs related to combating pests and epidemics.