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Responsibilities: 1. Obligation to report to the passport authority the face of engaging and lodging a foreign employee: In his capacity as representative of the employer, and sponsor of expatriate personnel, the manager of the branch of a foreign company is under an obligation to report to the passport authority the face lodging or giving shelter to a foreign employee within a period of forty eight hours from when this takes place. Such notification must also contain the details of any person that might be accompanying him / her. Liability: Failure to make the report within the prescribed time period renders the employer or his representative liable to either or both of two penalties: one involving imprisonment for a maximum period of three years, and the other a fine of two hundred dinars. 2. Obligation to report to the passport authority the employment or termination of employment of any foreign employee: In terms of article 12 of the law, the manager of the branch of the foreign company must report to the passport authority within a period of seven days, the face of employing and discharging from service a foreign employee. The report could be handed directly to the respective passport office, or be sent by mail. This obligation applies to each foreign employee regardless of whether his/ her recruitment took place in Libya or abroad. Liability: The penalty for violating this obligation involves imprisonment for a period not exceeding one hundred dinars, or either of the two penalties, according to the discretion of the trial court. However by virtue of law no, 6 of 1428 (1998), amending law no,6 of 1987, regarding the entry in and exit from Libya, the head of the passport and foreigners' affairs department may, instead of referring to the public prosecution office the case file relative to violation of the said law, agree with the offender, through the procedure of administrative reconciliation, within ten days of the date of the violation, to have the offender pay a sum of one hundred dinars in respect of violation of obligation under no, 1 above, and a sum of fifty dinars for the offence referred to under obligation 2 above. 3. Obligation to deposit a guarantee sufficient to cover the deportation expenses of foreign employees: In terms of article 28 of the enforcement regulation of law no, 6 of 1987. Upon issuance of a residence working visa for an expatriate employee, the passport authority may require the employer to deposit a guarantee sufficient to cover the deportation expenses of such employee. The passport authority may require a money guarantee or a letter of credit. |
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