Registration provisions and procedures
Registration:
It is the starting point and the first gateway through which the contributor can access the various social security schemes. The concept of social security registration means the data entry of employers and their employees in the system. The social security law defines four categories of contributors who must be registered, namely:
- Stakeholders
- Public sector employees
- Self-employed
- People working under employment contracts
Stakeholders:
They are producers who contribute their work to a production unit or enterprise where the stakeholder’s income is a share of the net profits, determined after deducting the share of raw materials and production tools.
Public sector employees:
They are workers under any governmental institution.
Foreigner employees residing in the state shall benefit from social security law provisions, and they are subject to the registration and contribution regulations, provided that they express their approval or a bilateral agreement is in force with their countries (Approval of registration by the employee and employer is a necessity).
The provisions of the preceding paragraph shall also apply to the pensioners who are self-employed either within one year from the establishment of their business or from the date on which the regulation for registration, contributions, and inspection become effective, and they may not refrain after re-registration in the social security schemes.
People working under employment contracts:
They are employed under a written or an oral contract of employment in return for wage or salary, paid in cash or in kind. Whether in productive or non-productive jobs, whether a citizen or a foreigner in both the public and private sectors, taking into account the provisions of the regulation on registration, contributions, and inspection. Also the provisions of international conventions.
Categories of workers under employment contracts:
- Workers under employment contracts who were subject to the social insurance law.
- Workers under employment contracts who were excluded from the provisions of the social insurance law, in particular:
- Workers of enterprises with less than five employees.
- Agricultural workers, pastoral workers, and shepherds.
- Seasonal workers and workers employed in casual or temporary work, regardless of the period of service.
- Civilian and military trainees to whom monthly grants or bonuses are being paid for training, whether the training takes place either in dedicated centers, institutes, colleges, or in working sites. In case of disability or death, the trainees are treated like their peer workers only in terms of basic salary, housing, and family allowance.
- The wife or the husband of the employee, the children of either of them and their parents when they have a written employment contract with the employer.
- Domestic workers in cases where this is permitted.
- Prisoners employed during their imprisonment, taking into account the provisions of the prison’s laws and regulations, provided that the Ministry of Justice is their employer.
Not subject to the provisions of the Social Security Law:
- Foreign nationals residing in the State due to their work nature in international, diplomatic, and consular missions or in the field of military expertise.
- Crew members of foreign ships and planes while they are inside the Libyan borders, other than internal navigation or aviation.
Self-employed:
- They are people who established their own private business and are not employed by others, owners of agricultural, industrial business, and those who work as, craftsmen, shepherds, or any other field of work.
- If a self-employed foreigner residing in the state wants to benefit from the provisions of social security law, then he must express his approval or a bilateral agreement is in force with their countries.
The obligated to register:
The requirements to apply for registration falls on:
- Institutions and enterprises.
- Employers.
- Self-employed.
The registration requires the following:
Original business license + copy, two ID photos, birth certificate, health certificate, and a copy of the ID card or passport.
Mandatory registration:
Social security registration is mandatory to all categories to whom the provisions of the Social Security Law apply, and on the condition that they are medically fit for the work or activity that they are engaged in.
The delay in registration procedure does not jeopardize the right of the secured or their survivors to the Social Security benefits.
No double registration:
Registration is only done once in one place. If there are various places of work, service, or activity of the contributors, they shall be registered with the relevant branch located in the jurisdiction of their service, original business or place of primary activity, and no other.
Basic work:
- The secured are registered on the basis of their original work or basic activity, and accordingly:
- The secured who combine work as a public sector employee with any other work or activity, the public sector job is considered to be their basic activity and are registered on the basis of this job.
- The secured who combine work as a stakeholder and work in a profession or craft or other business are registered on the basis of their work as a stakeholder.
- The secured workers under employment contracts are registered on the basis of this work, even if they combine it with another work or activity.
- Provided that, in all cases, consideration should be given to the contributor who combines several works or services to include what he/she receives in return for all his/her works and services in calculating the contributions due on his/her behalf and in settling their social security benefits.
Self-employed:
- The self-employed if their agricultural, pastoral, industrial, professional or craft activities are many, all incomes earned by them from the various businesses that they undertake for their own account shall be taken into consideration.
- In agricultural, grazing, animal, household and handicraft industries, where family members participate in production, and the wife or children do not have an independent income, registration is limited to the head of the family and he is the contributor.
- If any member of the family has an independent income from his/her production in any of the aforementioned activities, his/her name shall be registered independently as a secured.
Registration place:
- Employers and contributors of any category are registered in their relevant branch, in whose jurisdiction the workplace or activity of the entity obligated to apply for registration is located.
- In case the establishment has various branches, each of its branches is registered with the relevant branch, in which this branch falls within its jurisdiction.
Registration number:
- Each employer and contributor should have a registration number.
- This number is determined by the region within the jurisdiction of the branches of social security.
Registration regions according to SSF branches and offices:
- Al-Batnan Social Security Fund branch.
- Darnah Social Security Fund Branch.
- Al-Jabal Al-Akhdar Social Security Fund branch.
- Fezzan Social Security Fund branch.
- East of Benghazi Social Security Fund branch.
- Wahat Social Security Fund Branch.
- Central Region Social Security Fund Branch.
- Souf Al-jeen Social Security Fund Branch.
- Jufra Social Security Fund Branch.
- Misurata Social Security Fund Branch.
- West of Benghazi Social Security Fund Branch.
- Western Mountain Social Security Fund Branch.
- Western Region Social Security Fund Branch.
- Al-Naqaza Social Security Fund Branch.
- Tripoli Social Security Fund Branch.
- Sahle Al-Jafara Social Security Fund Branch.
- Zawia Social Security Fund Branch.
- Zuwarah Social Security Services Office.
- Kufra Social Security Services Office.
- Marj Social Security Services Office.
- Asaba Social Security Services Office.
Records:
Each branch prepares two records, one for registering the employers, whether they are production facilities, public administrative units or business owners, and the second for registering the secured contributors.
Registration of employers:
Registration is mandatory to every employer, whether it is a public sector institution, an enterprise or self-employed. They shall submit a registration application to their relevant branch.
The application is submitted using the form that indicates the name of the obligated employers, data related to them and their activity, the date of commencement of that activity, their address and headquarters.
The request must be submitted no later than fifteen days from the date of acquiring their obligation or the commencement of their activity.
Registering contributors:
- Each employer obligated to register must submit a request to the relevant branch to register the names and data of their stakeholders and employees working on contracts in the register of secured contributors. In addition, the self-employed must register themselves.
- This request must be submitted no later than seven days from the employment date of the secured contributors with their employers, or from the activity establishment date of the self-employed.
- The application is submitted using the form that indicates name, place and date of birth, gender, nationality, personal information, work or service.
- Each contributor must assist the employer in preparing these data and editing the registration application form.
Documents required to register a national company:
- License or permission to practice the activity.
- Verification of registration in the Chamber of Commerce, Industry, and Agriculture.
- Verification of registration in the commercial register.
- Memorandum of Association.
- Decree of creation.
- Record of proceedings of the general assembly meeting.
- Bank accounts numbers.
- Filling out social security card forms for the secured + a personal photo + health certificate + national number.
- Assignment letter to the social security affairs official.
- Fill out the data form.
Documents required to register a foreign company:
- License or permission to practice the activity (permit to practice the activity inside the country).
- Verification of registration in the Chamber of Commerce, Industry, and Agriculture.
- Verification of registration in the commercial register.
- Bank accounts numbers.
- Filling out social security card forms for the secured + a personal photo.
- Assignment letter to the social security affairs official.
- A copy of the company manager’s passport.
- Fill out the data form.
Employer registration number:
The relevant branch provides a registration number for each registered employer. This number is included in the registration notice form.
Employee registration number:
The relevant branch provides a registration number for each registered contributor. The contributor shall not have more than one registration number, and it remains constant for the contributor permanently throughout his\her life and after their death, the registration number shall be mentioned in all social security transactions relating to the contributor and his\her survivors after his death.
Headquarters and branches:
If the employer has multiple office branches, its head office shall be registered with the relevant social security branch in which is located in the area of its jurisdiction, and each of its office branches and units is registered separately with their relevant social security branch.
Data amendment:
Each obligated employer shall inform the relevant social security branch of every change to the previously submitted data in the registration form. Whether it relates to the address, headquarters, type of activity or business, data related to the change of its employees, or stakeholders, their working period, wages, salaries, transfer, termination of their work, or any other data related to them. The employers shall also report the cessation or termination of their work or activity, the reason for that and its circumstances.
Additional tasks:
If contributors get delegated or seconded from a business or service to another one, or are assigned additional work or service in another agency, then the last business or service is obligated to inform the relevant social security branch about the contributors’ new employment, or additional service therein.
In this case, the contributor shall have his registration number, and this number shall not be multiplied or changed no matter how many aspects of the contributor’s employment and activity there is. It is indicated in the secured register with the data related to the new employment or additional service, provided that what the contributor receives is included in the account of the due contributions, and the settlement of benefits.
Recent Comments