Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - Libya (Ratification: 1971)

Legislation. The Committee notes that the Government’s report only refers to legal provisions in relation to the application of Articles 2(2) and 14 of the Convention. The Committee asks the Government to provide further information on the specific provisions of the relevant legislation giving effect to the various Articles of the Convention, and to communicate copies of the relevant texts, if possible in one of the ILO’s working languages.

Articles 3(2) and 5(a) of the Convention. Additional functions of labour inspectors. Cooperation between the inspection services and other government services. The Committee notes the information from the Government’s report that the inspection services cooperate with the passports bureau for the legalization of work visas and the repatriation of illegal workers who are working in violation of the legislation regulating labour and employment. The Committee reminds the Government that the aim of the cooperation referred to in Article 5(a) is to strengthen the means available to inspectors to enforce the legal provisions on working conditions and the protection of workers (Articles 2 and 3(1)). Referring to paragraph 161 of its 2006 General Survey on labour inspection, the Committee also reminds the Government that cooperation with immigration authorities should be carried out cautiously, keeping in mind that the main objective of the labour inspection system is to protect the rights and interests of all workers and to improve their working conditions. The Committee requests the Government to provide information on the conditions and modalities under which the labour inspection collaborates with the passports bureau and on the impact of this collaboration in relation to the protection of workers regardless of their status. It also requests the Government to indicate the manner in which the labour inspectorate ensures the discharge of employers’ obligations (notably payment of wages and other benefits owed for work done during the period of the effective employment relationship) with regard to undocumented workers in an irregular situation from the point of view of residence status, including in cases where such workers are liable to expulsion or have already been expelled by the immigration authorities.

Articles 19, 20 and 21. Publication and content of the annual report. The Committee notes that, according to the Government, measures taken for the preparation of reports include, inter alia, the preparation of forms and tables related to statistics on inspection units in the regions; and the use of computers to enter information related to daily inspection work for reference in the preparation of periodic reports. The Committee requests the Government to continue to make efforts to ensure that effect is given, at the earliest possible date, to Articles 19, 20 and 21 of the Convention through the publication and communication to the Office of an annual inspection report containing the information set out in Article 21(a)–(g).