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Comments adopted by the CEACR: Libya

Adopted by the CEACR in 2021

C052 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 2(3) of the Convention. Public holidays and periods of sickness not to be counted in annual leave. The Committee notes that, contrary to the Government’s indications, the Labour Code No. 12 of 2010 contains no explicit provision excluding public holidays and interruptions of attendance at work due to sickness from the calculation of annual holidays with pay. The Committee understands, however, that a new draft Labour Code is currently under preparation with the technical assistance of the International Labour Office, and that section 181 of the draft text expressly provides that public holidays that fall during a period of leave and sick days, provided that a supporting medical certificate is submitted, are not counted as part of the worker’s leave. The Committee hopes that this draft provision, which gives full effect to the requirement of Article 2(3) of the Convention, will be adopted without change, and requests the Government to keep the Office informed of any progress made with regard to the finalization of the new Labour Code.

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Legislative issues. In its previous direct request, the Committee noted the Government’s indication that the new Labour Code and the new Law on Trade Unions had been finalized and would be enacted after the adoption of the new Constitution. It noted however that under sections 3 and 9 of the draft Law on Trade Unions, non-Libyan workers without a legal residence, independent workers and workers in the informal economy would be excluded from the scope of the new Law. The Committee therefore requested the Government to indicate how it intended to ensure that these categories of workers will enjoy, under the new Labour Code, the new Law on Trade Unions, or other legislation, the rights afforded by the Convention. The Committee notes that the Government states that the new Labour Code and the new Law on Trade Unions have yet to be promulgated due to the difficult circumstances facing the country but that it looks forward to their promulgation. The Committee further notes the Government’s indication that amendments will be made to the above-mentioned texts to ensure that independent workers and workers in the informal economy are able to engage in trade union activity. Noting that the Government does not provide any information with respect to workers without a residence permit, the Committee recalls that migrant workers have the right, under the same conditions as nationals, to benefit from the fundamental rights deriving from freedom of association (see the 2012 General Survey on the fundamental Conventions, paragraph 79). The Committee trusts that the new Labour Code and the new Law on Trade Unions will be adopted shortly and will ensure that independent workers and workers in the informal economy benefit from the rights provided in the Convention. It also reiterates its request that the Government indicate how it intends to ensure that workers without a residence permit will enjoy, under the above-mentioned laws or other legislation, the rights afforded by the Convention. The Committee requests the Government to provide information on any developments in this regard and to transmit copies of the new Labour Code, the new Law on Trade Unions, or other applicable legislation once adopted.

C089 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 3 of the Convention. Prohibition of night work for women. The Committee understands that a new draft Labour Code is under preparation, with ILO technical assistance, that no longer contains a general prohibition against the night work of women in industry. The Committee notes that removing that prohibition is consonant with the current trend favouring the review of all gender specific protective legislation with a view to gradually eliminating all provisions contrary to the principle of gender equality and non-discrimination – except those connected with maternity protection – while taking due account of national circumstances. Welcoming every effort to improve employment opportunities for women and to ease the constraints hindering their employment, the Committee hopes that the new Labour Code once promulgated will lift the ban on women’s night work. The Committee also hopes that the Government will give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171), which sets out up-to-date standards for the protection of all night workers irrespective of gender, and requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Legislative issues. The Committee previously noted the Government’s indication that the new Labour Code and the new Act on Trade Unions had been finalized and would be enacted after the adoption of the new Constitution. The Committee notes that the Government states that due to the difficult circumstances in the country, the new Labour Code and the new Act on Trade Unions have yet to be promulgated. It further notes the Government’s indication that it looks forward to their promulgation and will provide a copy of the two laws once adopted. The Committee expects that the new Labour Code and the new Act on Trade Unions will be adopted shortly and will contain specific provisions on collective bargaining, collective agreements and social dialogue to give effect to the Convention. The Committee requests the Government to provide information on any developments in this regard and to transmit copies of both laws once they have been adopted.
Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. In its previous comments, the Committee requested the Government to indicate whether, under the current legislation, the fines provided for under section 121(3) of the Labour Relations Act were applicable to 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 Labour Relations Act. It further requested the Government to provide information on the number of complaints filed with the competent authorities with regard to cases of interference and anti-union discrimination and the outcome of investigations and court proceedings. The Committee also noted the information provided by the Government regarding the protection afforded by the new draft Act on Trade Unions and requested it to provide detailed information on the sanctions provided for in future legislation. The Committee notes with regret that the Government merely: (i) indicates that no complaints have been filed with the competent authority, namely the Directorate General of Labour Inspections; and (ii) describes the conciliation and arbitration procedures in case of work-related disputes by referring to provisions of Act No. 12 of 2010. The Committee recalls that the effectiveness of legal provisions prohibiting acts of anti-union discrimination depends not only on the effectiveness of the remedies envisaged, but also the sanctions provided for which should, in the view of the Committee, be effective and sufficiently dissuasive (see the 2012 General Survey on the fundamental Conventions, paragraph 193). The Committee once again requests the Government to indicate whether the sanctions provided for in section 121(3) of the Labour Relations Act apply to the acts of anti-union discrimination prohibited for in sections 3 and 77 of that Act. The Committee also reiterates its request that the Government provide detailed information on the sanctions provided for in future legislation to accompany the protection against acts of anti-union discrimination and interference afforded by section 62 of the new Act on Trade Unions.
Articles 4 and 6. Scope of the Convention. Right of collective bargaining of public servants not engaged in the administration of the State. The Committee previously requested the Government to indicate how it intends to ensure that public servants not engaged in the administration of the State will enjoy their collective bargaining rights, under the new Labour Code, the new Act on Trade Unions or other legislation. The Committee notes the Government’s indication that: (i) the right to collective bargaining is safeguarded by section 112 of the new Labour Code, which stipulates that “collective bargaining takes place at all levels: at the level of individual projects, factories and enterprises, at the level of activities, professions and industries, and at the sector and national levels”; and (ii) this provision is applicable to all public sector and non-public sector workers. The Committee trusts that the new Labour Code will be adopted promptly and will guarantee the right to collective bargaining of all public servants not engaged in the administration of the State, in accordance with the Convention. It requests the Government to provide information on any development in this respect.
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