Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(a) of the Convention. Definition of remuneration. The Committee notes the Government’s indication, in its report, that section 5 of Law No. 12 of 2010 promulgating the Labour Relations Act (LRA 2010) defines the term “remuneration” as the “compensation given to a worker in return for his/her effort in accordance with a labour contract either on a shared basis, or as pay by output or by service, or as a monetary sum in addition to other allowances, benefits and other emoluments due to them by virtue of the legislation in force”.

Article 2. Application of the principle in practice. Noting the absence of information provided by the Government in this regard, the Committee requests the Government to provide statistical information on the number of men and women employed in the public and private sectors at the various wage levels and grades, as well as any other information demonstrating how the principle of the Convention is applied in practice.

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 its previous comments, the Committee also pointed out that in situations where part-time workers are mostly or exclusively women, a generally lower level of remuneration for part-timers may have an adverse impact on the overall wage gap between men and women. It further recalls its 2012 General Survey on the fundamental Conventions in which it considers that, due to historical attitudes and stereotypes regarding women’s and men’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men and that often, “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates (paragraph 673). In the absence of any further information on this point, the Committee requests the Government to indicate whether Decision No. 164 of 1985 is still in force and, if so, to indicate the measures taken to ensure that part-time employment is not disproportionately under 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 practice. The Committee therefore reiterates its previous requests to the Government to provide statistics disaggregated by sex on the grades and wages of non nationals or, in the absence of such statistics, to provide information on the measures taken to collect sex-disaggregated statistics on the wages paid to foreign workers in the various occupational sectors.