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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Libya (Ratification: 2000)

Other comments on C087

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The Committee notes the observations of the International Organisation of Employers (IOE) received on 29 August 2025, which are of a general nature.
The Committee previously noted the 2024 observations of the General Federation of Libya Trade Unions alleging that the legislative and regulatory framework was not in conformity with the requirements of the Convention. Noting that the Government does not respond to these observations, the Committee once again requests it to provide its comments thereon.
Legislative issues. In its previous comments, the Committee noted the Government’s indication that a new Labour Code and a new Law on Trade Unions would be enacted after the adoption of the new Constitution. The Committee observed in this respect that non-Libyan workers without a legal residence, independent workers and workers in the informal economy were excluded from the scope of the draft Law on Trade Unions. The Committee trusted that the new legislation would ensure that independent workers, workers in the informal economy and workers without a residence permit benefited from the rights provided in the Convention. The Committee notes the Government’s indication that section 2 of Act No. 3 of 2023 on Trade Unions, Federations and Professional Associations provides that only one trade union or professional association may be formed for each profession. In this regard, the Committee recalls that, although it is generally to the advantage of workers and employers to avoid a proliferation of competing organizations, the right of workers to be able to establish organizations of their own choosing, as set out in Article 2 of the Convention, implies that trade union diversity must remain possible in all cases (2012 General Survey on the fundamental Conventions, para. 675). The Committee requests the Government to take the necessary measures to amend the above-mentioned provision with a view to giving full effect to the right of workers to establish and join organizations of their own choosing, including more than one trade union in a given occupation. The Committee will examine the conformity of the provisions of the Act and executive regulations with the Convention once translations thereof become available.
The Committee trusts that the new Labour Code will be adopted shortly and that the provisions therein will be in full conformity with the Convention. The Committee requests the Government to provide information on any developments in this regard and to transmit a copy of the Code once adopted.
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