Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Protection of Wages Convention, 1949 (No. 95) - Libya (Ratification: 1962)

The Committee notes the recent comments communicated by the International Confederation of Free Trade Unions (ICFTU) referring to nationals from Nigeria, Ghana, Niger, Chad, Gambia and Sudan. It notes that thousands of workers from Ghana and Nigeria have been forced to leave the Libyan Arab Jamahiriya, including 10,000 workers from Nigeria who were expelled without receiving the whole, or even half, of the wages owed to them. The Committee also notes that, according to ICFTU, the Government of the Libyan Arab Jamahiriya told these workers to reclaim the part of their wages still outstanding from their own Government.

In its previous observations, the Committee noted the comments communicated in 1995 by the Palestine Trade Union Federation and the International Confederation of Free Trade Unions referring to hundreds, or even thousands, of Palestinian workers forced to leave the Libyan Arab Jamahiriya without receiving the wages due to them. The Government replied that in 1995 it adopted regulations for registering and controlling foreign workers in the country and for expelling illegal immigrants. The Government also stated that, since the conclusion of the latest agreement between the Israeli authorities in the Occupied Territories and the PLO and the declaration of the establishment of a Palestinian State, Palestinians were treated in a similar manner to other nationalities in employment procedures and that contracts were not renewed on expiry. It added that all the entitlements of Palestinians working with employment permits and formal contracts were respected on expiry of their contracts, including the entitlements arising both from employment and from social security. The Committee noted, in fact, that final payments of wages concerned only workers having employment permits and formal contracts.

The Committee noted the decision made in the Conference Committee in June 1996 on the final settlement of wages due to Palestinian workers who had left the Libyan Arab Jamahiriya. The Government confirmed that, in 95 per cent of cases, all the entitlements of Palestinians working with employment permits and formal contracts had been respected on expiry of their contracts, including the entitlements arising both from employment and from social security. It added that no complaint concerning the rights of Palestinian workers had been received by the employment offices. The Government also indicated that at their 1996 meeting in Tripoli, the Palestinian Trade Union Federation, the General Federation of Producers Trade Unions and the International Confederation of Arab Trade Unions had agreed to look into the claims of Palestinian workers and make a friendly settlement. The Committee also noted the Government’s intention to take all measures with a view to settling the entitlements of any worker who could show the existence of unpaid benefits.

The Committee notes with regret that once again the Government does not provide a reply to its previous comments on the measures taken to ensure the final settlement of wages on expiry of a contract, in accordance with Article 12(2) of the Convention, for the Palestinian workers other than those with employment permits and formal contracts. The Committee recalls once again that the Convention applies to all persons to whom wages are paid or payable, irrespective of the characteristics of their contract. It therefore requests the Government once again to inform it in its next report of all measures taken with a view to complying with the requirements of this Article of the Convention.

The Committee asks the Government to supply a precise reply to the point raised by the ICFTU.

In addition, a request regarding other points is being addressed directly to the Government.

[The Government is asked to report in detail in 2001.]