Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes the Government’s report and the observation made by the International Confederation of Free Trade Unions on the application of the Convention, dated 18 September 2002. The Committee requests the Government to furnish its comments on these observations.

The Committee notes that, according to the Government’s report, the legislation affords adequate protection in accordance with the provisions of the Convention. However, the Government indicates that it will take due account of the Committee’s comments and that the measures considered necessary will be taken provided that they are in the interests of the workers.

In view of the Government’s statements, the Committee is bound to reiterate its previous comments, which read as follows:

The Committee notes the promulgation of Law No. 23 of 15 December 1998 on trade unions, federations and professional associations.

  Article 1 of the Convention. In its previous comments, the Committee had noted that while section 34 of Act No. 107 of 1975 protected workers against acts of anti-union discrimination during the employment relationship, it did not provide such protection at the time of recruitment. Moreover, the Committee had noted that public servants not engaged in the administration of the State, agricultural workers and seafarers did not enjoy any protection against acts of anti-union discrimination. The Committee had requested the Government to take appropriate measures as soon as possible as regards these issues.

The Committee once again requests the Government to take the necessary measures to ensure that the legislation protects all workers (including public servants not engaged in the administration of the State, agricultural workers and seafarers) against acts of anti-union discrimination, both at the time of recruitment and during the employment relationship, and that such protection is accompanied by sufficiently dissuasive sanctions.

  Article 4. In its previous comments, the Committee had requested the Government to repeal sections 63, 64, 65 and 67 of the Labour Code, which require the clauses of collective agreements to be in conformity with the national economic interest, thus violating the principle of the voluntary negotiation of collective agreements and the autonomy of the bargaining parties. The Committee once again urges the Government to repeal the above sections so as to bring its legislation into conformity with the Convention.

The Committee had also noted that public servants not engaged in the administration of the State, agricultural workers and seafarers did not have the right to bargain collectively, and requested the Government to take the necessary measures. The Government had stated that these workers may belong to trade union organizations, which guarantee them the right to collective bargaining. The Committee requests the Government to indicate in its next report the legislative provisions that grant these workers the right to bargain collectively, and to give examples of collective agreements in force in these sectors.

The Committee once again hopes that the Government will make every effort to take the necessary action in the very near future.