Constructive Resignation in Light of Libyan Law and Comparative Legislation

Abstract

The significance of constructive resignation lies in its legal consequences, primarily the termination of the employment relationship between the public employee and the administration, based on a material act from which the administration implicitly infers the employee’s unwillingness to continue in service. The most prominent form of such material act is the employee’s discontinuation of work duties.  The Libyan legislator has established several legal safeguards to prevent public authorities from abusing their power in applying constructive resignation to their employees. Furthermore, the legislator has clearly defined the circumstances under which an employee may be deemed to have resigned, as stipulated in the Labor Relations Law No. 12 of 2010. It is understood from these provisions that constructive resignation is based on a legal presumption, which in many cases may not reflect the actual reality. This situation calls for legislative intervention to provide adequate legal protection for the employee’s right to their position—especially in light of the absence of a clear judicial approach to distinguish between constructive resignation and disciplinary dismissal from public service.