Understand the laws governing work hours and overtime in Libya
Libyan labor law sets a maximum for both daily and weekly working hours. According to Law No. 12 of 2010 concerning Labor Relations (Article 13), the maximum working hours per week are 48 hours, and per day are 10 hours. This legal framework is designed to ensure that employees are not subjected to excessive work schedules.
The same law also allows for potential reductions in standard working hours. The General People's Congress (GPC) may decide to shorten working hours in specific industries or for certain jobs. These decisions are based on proposals submitted by employers.
In Libya, the law mandates overtime pay for any work exceeding the standard working hours. Overtime pay is triggered when an employee works more than 48 hours per week, more than 10 hours per day, or on their designated weekly rest day. Employers can request employees to work overtime due to urgent work situations, but these situations need to be documented.
There's a daily limit on the number of overtime hours, which is a maximum of 3 hours per day. This regulation helps prevent employee burnout and ensures sufficient rest time.
Libyan law mandates a premium pay rate for overtime work. The minimum overtime pay rate is 150% of the base salary. This means employees must be compensated at least one and a half times their regular wage for every overtime hour worked.
Libyan labor law ensures that employees are given rest periods and breaks during their work hours. The regulations are outlined in the Law No. 12 of 2010 concerning Labor Relations [Article 14].
Libyan workers are entitled to a rest period during their workday. The minimum rest period is one hour or more, and it is intended for prayer, meals, and rest. This rest period is included within the total working hours, which should not exceed 10 hours per day. The law also states that an employee should not work for more than six consecutive hours without a break.
There are some exceptions to these regulations. The competent authority can decide on specific cases and occupations where work can continue without a break due to technical reasons or operational conditions. For physically demanding jobs, rest periods are calculated based on actual working hours to ensure adequate breaks for recovery.
Libyan labor law addresses night shift and weekend work with a focus on ensuring fair treatment for employees working outside standard hours.
Night work is defined as any work performed between sunset and sunrise according to Law No. 12 of 2010 concerning Labor Relations, Article 5. While the law defines night work, it currently lacks specific regulations regarding mandatory allowances or premium pay for night shifts and reduced working hours for night shift workers. However, employers are obligated to treat night shift workers fairly and ensure their working conditions comply with general health and safety regulations.
Every employee has the right to one designated rest day per week according to Law No. 12 of 2010 concerning Labor Relations, Article 16. The law allows for exceptions to the weekly rest day requirement. Employers can request employees to work on their rest day due to urgent work situations. These situations need to be documented.
When an employee works on their designated rest day, the law offers them two options. The employee can be granted another rest day within the following three days or the employee can be compensated for working on their rest day at a rate which is a minimum of 150% of their base salary.
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