Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s reports and the comments submitted by the International Confederation of Free Trade Unions (ICFTU) on 10 August 2006, which primarily refer to points previously raised by the Committee.

Article 1 of the Convention. 1. Protection against acts of anti-union discrimination. In its previous comments, the Committee had drawn the Government’s attention to the need to amend section 34 of Act. No. 107 of 1975, which protects workers against acts of anti-union discrimination but not at the time of recruitment. In this connection, the Committee notes the Government’s indications that discrimination at the time of recruitment is not possible as union membership is not part of the criteria by which employment offices place registered workers: given the system obtaining in Libyan Arab Jamahiriya, anti-union discrimination on the part of employers at the time of recruitment is not possible as workers are mandatorily recruited and placed through official employment offices. The Government states further that an employer shall not be authorized to set as a condition a worker’s non-membership in a union at the time of recruitment. Taking due note of the Government’s statement that measures would be undertaken to formulate clear texts when the new draft Act on regulating labour relations – already examined by the People’s Congress in a first discussion – is promulgated, the Committee recalls that the protection against acts of anti-union discrimination provided for in the Convention also covers recruitment (see General Survey on freedom of association and collective bargaining, 1994, paragraph 210) and requests the Government to ensure, in the drafting of future legislation, that workers are protected from anti-union discrimination, including at the time of recruitment, and that dissuasive sanctions are provided for.

2. With regard to its previous comments on the absence of legal protection against acts of anti-union discrimination for public servants not engaged in the administration of the State, agricultural workers and seafarers, the Committee notes that the Government provides no information in this respect. Recalling the Government’s previous indication that it would take the Committee’s observation into account by adopting the necessary measures when appropriate, the Committee once again expresses the hope that steps will soon be taken to provide, explicitly and by means of sufficiently dissuasive sanctions, protection against anti-union discrimination to all workers – including public servants not engaged in the administration of the State, agricultural workers and seafarers. The Committee asks the Government to keep it informed of the progress made in this regard.

Article 4 of the Convention. 1. Collective bargaining. The Committee had previously referred to 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. In this respect, the Committee notes the Government’s statement that the draft Act on regulating labour relations has resolved this issue. Further noting the Government’s indication that the draft Act is still under examination by the People’s Congress, the Committee once again expresses the hope that the draft Act would, upon adoption, repeal the abovementioned sections of the Labour Code and requests the Government to inform it of the progress made in this regard.

2. The Committee notes the Government’s indication that no collective agreements were concluded that cover public servants, agricultural workers and seafarers, and that the draft Act would, upon adoption, be supportive of collective agreements. In this regard the Committee expresses the hope that the draft Act or any other amendments to the Law envisaged by the Government will expressly grant to public servants not engaged in the administration of the State, agricultural workers and seafarers the right to bargain collectively, both in law and in practice.

3. Noting the ICFTU’s comments on the absence of real collective bargaining in practice, the Committee requests the Government to provide statistics on the number of collective agreements presently in force, by sector, and the number of workers covered.