Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Libya (Ratification: 1962)

The Committee notes the observations of the International Organisation of Employers (IOE), received on 29 August 2025, which are of a general nature.

Legislative issues. The Committee previously noted that a new Labour Code and a new Act on Trade Unions would be enacted after the adoption of the new Constitution and expected that they would contain specific provisions on collective bargaining, collective agreements and social dialogue. The Committee notes the Government’s indication that Act No. 3 of 2023 on Trade Unions, Federations and Professional Associations was adopted, but observes that the Act contains no such provisions. The Committee expects that the new Labour Code will be adopted as soon as possible and will include specific provisions on the above-mentioned subjects with a view to giving full effect to the Convention. The Committee requests the Government to provide information on any developments in this regard and to submit a copy of the Code once adopted.

Articles 1 to 2 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee previously requested the Government to: (i) indicate whether the fines provided for under section 121(3) of the Labour Relations Act were applicable to the acts of anti-union discrimination prohibited by section 3 (favouritism or discrimination on the grounds of trade union membership) and section 77 (termination of employment due to trade union membership or participation in a trade union activity) of the Act; and (ii) provide information on the sanctions in future legislation to accompany the protection against acts of anti-union discrimination and interference afforded by section 62 of the draft Act on Trade Unions. The Committee notes with regret that the Government does not reply to these requests. It also observes that the above-mentioned protection was not included in Act No. 3 of 2023 on Trade Unions, Federations and Professional Associations. The Committee reiterates its request that the Government indicate whether the sanctions provided for in section 121(3) of the Labour Relations Act apply to the acts of anti-union discrimination prohibited by sections 3 and 77 of the Act. The Committee also requests the Government to indicate whether other current or future laws or regulations contain provisions prohibiting acts of anti-union discrimination and interference and providing for effective procedures and dissuasive sanctions against such acts.

Articles 4 and 6. Scope of the Convention. Right to collective bargaining of public servants not engaged in the administration of the State. In its previous comments, the Committee noted that section 112 of the draft Labour Code, which safeguarded the right to collective bargaining, was intended to be applicable to all public sector and non-public sector workers, and trusted that the new Labour Code would be adopted promptly. The Committee notes that the Government does not report any developments in this regard. The Committee expects that the new Labour Code will be adopted without delay and will guarantee the right to collective bargaining of all public servants not engaged in the administration of the State, in line with the Convention.

The Committee reminds the Government that it may avail itself of ILO technical assistance if it so wishes.