Judicial Protection of Employment Rights: An Analytical Study of the Settlement Action under Libyan Legislation and Administrative Judiciary

Abstract

This research addresses the judicial protection of employment-related rights within the Libyan legislative system by examining the "settlement lawsuit" (da’wa al-taswiya). This mechanism is one of the primary legal avenues available to public employees to claim their employment and financial entitlements in accordance with the law. The study aims to clarify the legal nature of the settlement lawsuit, distinguish it from the action for annulment (da’wa al-ilgha’), analyze the governing legislative framework—specifically Law No. (12) of 2010 on Labor Relations—and review the principles established by the Libyan administrative judiciary in this regard.

The research employed both analytical and inductive methods, analyzing legal texts and distilling the judicial principles established by the Libyan Supreme Court in this area. The study concluded that the distinguishing factor between a "settlement action" and an "action for annulment" lies in the source of the claimed right: if the right is derived directly from the law or a regulation, the action is classified as a settlement action; conversely, if entitlement to the right depends on the issuance of an administrative decision falling within the administration's discretionary power, it is classified as an action for annulment. Furthermore, the study clarified that the classification of the action is determined by the true nature and substance of the claims, rather than by the specific wording or phrases used in their formulation.

The study concluded that the settlement claim serves as an effective legal safeguard for protecting the rights of public employees; however, enhancing this protection requires explicit legislative intervention to regulate the claim with greater precision and clarity, alongside fostering legal awareness among employees and lawyers regarding the criteria for the correct legal characterization of employment-related lawsuits.