Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Equal Remuneration Convention, 1951 (No. 100) - Libya (Ratification: 1962)

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. The Committee recalls its previous comments in which it had requested the Government to address the discrepancy between the wording of section 31 of the Labour Code, 1970, prohibiting wage discrimination between men and women if “the nature and the circumstances of the work are the same”, and section 91 of the Code stating that all texts regulating employment shall apply to women and young persons without discrimination for work of equal value. The Committee notes the Government’s statement that the wording of section 31 has been replaced by “work of equal value” in the new draft Labour Code, which it understands is before the General People’s Congress for its review. The Committee hopes that the new Labour Code will provide more clearly for equal remuneration for men and women for work of equal value, and asks the Government to provide a copy of the new text, once it has been adopted.

Article 2. Application of the principle in the public service. The Committee recalls its previous comments in which it pointed to the need for information, including statistics, demonstrating how the principle of equal remuneration for men and women for work of equal value was applied in practice in the public service. The Committee notes the Government’s reply that any female or male employee holding a specific position and grade will be assigned the salary and additional allowances for that position without discrimination, and that women have access to a variety of jobs, including managerial and executive positions. While appreciating the statistical data provided by the Government on the percentage of men (68.3 per cent) and women (31.7 per cent) workers in the public and private sectors, the Committee notes that this data does not permit an adequate assessment of the distribution of men and women in the public service nor of the nature, extent and causes of any pay differentials that may exist. The Committee therefore asks the Government to take steps to collect and provide statistical information on the number of men and women employed in the public service at the various wage levels and grades covered by Act No. 15 of 1981, as well as any other information demonstrating how the principle of the Convention is applied, in practice, in the public service.

Application of the principle of equal remuneration to part-time work. The Committee recalls its previous comments in which it noted that the part-time work system regulated by the Decision of the People’s Congress No. 164 of 1985 applied only to women. In the absence of any further information on this point, the Committee reiterates its request to the Government to indicate the measures taken to ensure that part-time employment is not disproportionately unde‑remunerated in relation to full-time employment. Please also provide updated statistical information on the levels of remuneration of women working part time in the various economic sectors as compared to full-time male and female employees working in the same sectors.

Application of the principle to foreign workers. The Committee notes that the Government’s report does not contain any reply to its previous requests concerning the application of the principle to non-nationals, in law and in practice. The Committee therefore reiterates its previous requests to the Government to:

(i)    consider amending section 12 of Decision of the General People’s Congress No. 628 of 1988 on the promulgation of regulations on the employment of non-national employees in enterprises and public undertakings, with a view to bringing the law into conformity with the practice and to ensure that foreign women workers and their families are not discriminated against with respect to employment-related benefits; and

(ii)   provide statistics disaggregated by sex on the grades and wages of non‑nationals or, in the absence of such statistics, provide information on the measures taken to collect sex-disaggregated statistics on the wages paid to foreign workers in the various occupational sectors.