Hours of Work (Industry) Convention, 1919 (No. 1) - Libya (Ratification: 1971)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in the industry) and 14 (weekly rest in the industry) together.

Hours of work (industry)

Article 2 of Convention No. 1. Daily and weekly limits on normal hours of work. In previous comments, the Committee noted that under section 13 of the Labour Relations Act (No. 12 of 2010), hours of work may not exceed 48 hours a week and ten hours a day. The Committee notes that under section 17 of the same Act, daily hours of work include prayer, rest and meal times of not more than one hour. Noting the Government’s indication that in drafting the revised Labour Relations Act, consideration is being given to the requirements of the Convention, the Committee requests the Government to indicate the measures taken or envisaged, including the reform of current legislation, to ensure that daily and weekly limits to normal hours of effective work in public or private industrial undertakings do not exceed eight in the day and 48 in the week, as established by Article 2 of the Convention.

Article 6(1)(a) and 6(2). Permanent exceptions. Limits to additional hours and compensation for overtime. The Committee notes that under section 15 of the Labour Relations Act, cleaning staff at the workplace and watchmen are exempted from the normal hours of work foreseen under section 13. The Committee also notes that no provision of the Act seems to fix a limit to additional hours nor a rate of pay for overtime for these categories of workers. The Committee recalls that the permanent exceptions allowed by the Convention are of a limited nature and only relate to cases where attendance at the workplace must necessarily exceed normal hours (2018 General Survey concerning working-time instruments, paragraph 96). It requests the Government to indicate how it ensures that limits to additional hours and a rate of pay for overtime not less than one and one-quarter times the regular rate are foreseen for these categories of workers, as required by Article 6(2) of the Convention.

Weekly rest (industry)

Articles 4 and 5 of Convention No. 14. Total or partial exceptions to the principle of weekly rest. Compensatory rest. In its previous comments, the Committee noted that sections 14 (excessive deferral of weekly rest), 15 (exceptions to weekly rest for which no compensatory rest is foreseen) and 16 (possibility of monetary compensation instead of compensatory rest) are not in conformity with the requirements of the Convention. The Committee notes that the Government does not provide any relevant information on this issue. Recalling that Article 5 of the Conventionrequires workers who are deprived of their weekly rest to be granted compensatory rest irrespective of any monetary compensation, the Committee requests the Government to indicate the measures taken or envisaged to ensure that compensatory rest is granted to workers who are required to work on their weekly rest day and to provide information on any progress made in this respect.

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

Article 2 of the Convention. Daily and weekly limits of hours of work. The Committee notes that under section 13 of the Labour Relations Act No. 12 of 2010, hours of work may not exceed 48 hours a week and ten hours a day. The Committee is bound to observe, in this regard, that the Convention establishes as a general standard an eight-hour working day and 48-hour working week. These limitations on normal working hours laid down in the Convention should be viewed as a strict maximum limits which are not liable to variation or waiver at the free will of the parties. The Convention allows, of course, for exceptions but only in limited cases and under well-circumscribed conditions, for instance, cases of accident, urgent work or force majeure (Article 3), shift work (Article 2(c)), averaging of hours of work over a period longer than a week (Article 5), intermittent work or exceptional pressure of work (Article 6). Noting that a new draft Labour Code is currently under preparation, the Committee requests the Government to take appropriate steps to ensure that the new draft labour legislation is consistent with the general rule of an eight-hour working day and 48-hour working week, as prescribed by the Convention.

Article 6(2). Maximum limits on additional hours of work. The Committee notes the Government’s statement that section 87 of the Labour Code of 1970 – on which the Committee had been commenting for more than 25 years – was repealed by the Labour Relations Act No. 12 of 2010. It notes, in particular, that under section 16 of the new Labour Relations Act, overtime may be authorized in case of pressure of work provided that overtime hours of work do not exceed three hours a day and the worker is paid overtime pay at no less than 150 per cent of the ordinary wage rate. The Committee observes, in this regard, that even though the new Labour Relations Act provides for overtime pay in accordance with the requirements of Article 6(2) of the Convention, it does not specify the maximum number of additional hours of work that are permissible in the week, month, or in the year and is therefore open to abuse. In this respect, the Committee recalls that although the establishment of specific limits to the total number of additional hours is left to the competent authorities, this does not mean that such authorities have unlimited discretion in this regard. Such limits must be reasonable and they must be prescribed in line with the spirit of the Convention. The Committee recalls that at the time of the adoption of the Convention, the limits considered to be permissible amounted to a total of 150 hours a year in a case of temporary exceptions (that is exceptional cases of pressure of work) and 60 hours a week in the case of permanent exceptions (that is work essentially intermittent or preparatory/complementary work). The Committee accordingly requests the Government to take all necessary action to ensure that the provisions of the new Labour Code on overtime are fully aligned with the requirements of the Convention.

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

Article 6, paragraph 2. Maximum limits on additional hours of work. The Committee has been commenting for more than 25 years on section 87 of the Labour Code which permits a worker to be employed for four additional hours per day without setting any weekly, monthly or annual limit. The Committee has been pointing out that this provision goes far beyond the exceptions provided for in the Convention, i.e. permanent or temporary exceptions to the general standard of eight hours in the day and 48 hours in the week which are permissible only in the following cases: (a) for preparatory or complementary work, which must be carried on outside the limits laid down for the general working of an establishment, or for certain categories of workers whose work is essentially intermittent; and (b) so that undertakings may deal with exceptional cases of pressure of work.

The Committee has also been recalling that the Convention requires payment of all overtime at not less than one and one-quarter times the regular rate. In its last report, the Government maintains that workers who agree to work hours in excess of the prescribed amount are not entitled to overtime pay in order not to be tempted by financial gain and adds that the four additional hours of daily work were introduced in the early 1970s because of the first social and economic development plan of the 1969 Fateh Revolution which had a strong focus on infrastructure and housing construction. Moreover, contrary to reassurances given in earlier reports that legislative amendments were under preparation with a view to bringing the Labour Code into full conformity with the Convention, the Government in its last two reports no longer makes any reference to the process of revision of the general labour legislation.

In this regard, the Committee wishes to refer to paragraph 144 of its 2005 General Survey on hours of work in which it noted that even though the establishment of specific limits to the total number of additional hours is left to the competent authorities, this does not mean that such authorities have unlimited discretion in this regard. Such limits must be reasonable and they must be prescribed in line with the general goal of Conventions Nos 1 and 30, which is to establish the eight-hour day and 48-hour week as a legal standard of hours of work in order to provide protection against undue fatigue and to ensure reasonable leisure and opportunities for recreation and social life. The Committee asks the Government to take without further delay all necessary measures in order to amend section 87 of the Labour Code so as to (i) ensure that overtime is only allowed in the cases provided for in the Convention, (ii) establish, within reasonable limits, the maximum number of hours of overtime work which may be allowed in the year, and (iii) ensure that overtime work performed in either the public or the private sector in the case of temporary exceptions, is paid at least at the higher rate prescribed by Article 6(2) of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s latest reports and the information they contain in reply to its previous comments.

Article 1 of the Convention. Scope of application. The Committee requests the Government to supply copies of the following instruments: the Quarries and Mines Act No. 2/1971; the Industrial Organization Act, as amended; the Organization of Towns and Villages Act No. 5/1969; and the Commerce Act, 1953.

Article 6. Overtime. The Committee notes that section 87 of the Labour Code, as amended by Act No. 72 of 1972, still allows four hours’ overtime per day outside the specific cases provided in the Convention and without a weekly, monthly or annual limit. It also notes that, by virtue of the same provision, a worker is not entitled to a salary for overtime hours which he/she agrees to work beyond the prescribed limit except in the cases laid down by decision of the Ministry of Labour and Social Affairs, whereas Article 6, paragraph 2, of the Convention stipulates payment of all overtime at not less than one and one-quarter times the regular rate. Noting that in its latest reports the Government no longer mentions the Labour Code revision process, the Committee expresses the firm hope that section 87 of the Labour Code will be amended in the near future in order to bring it into conformity with the provisions of the Convention on these two matters and requests the Government to keep it informed of any developments in this regard.

In addition, the Committee notes that, in reply to its previous comments on the payment of overtime for civil servants, the Government refers to a decision of 9 November 1977 by the General People’s Committee regulating overtime for public employees. However, the Committee’s comments referred to a communication of 21 July 1981 of the General People’s Committee, hence later than the aforementioned decision, in which it ordered all public administrations and enterprises to stop providing compensation for overtime. The Committee once again requests the Government to supply further information on this matter, indicating whether the aforementioned communication of 21 July 1981 is still applicable.

Furthermore, the Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including, for instance, extracts from labour inspection services and, if possible, statistical data on the number of workers covered by legislation, the number and nature of contraventions recorded, the number of additional hours actually worked, etc.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information sent by the Government in reply to its previous comments. It recalls that for many years it has been commenting on the need to amend section 87 of the current Labour Code which allows overtime to be worked without any of the restrictions provided for in the Convention, and to provide clarification concerning the application to public servants of Act No. 72 of 1972, which provides for a higher rate of pay for all additional work. The Government indicates that the new draft of the Labour Code, particularly section 64, gives full effect to the provisions of the Convention. The Committee trusts that this draft will be adopted as soon as possible and that the Government will not fail to give a detailed account in its next report of the amendments in respect of each of the matters raised. The Government is also asked to provide general information on how the Convention is applied in practice, in accordance with the information requested in Part VI of the report form.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's report in reply to its previous direct request. It notes the favourable opinion of the recently established technical committee regarding the need to amend section 87 of Labour Code No. 58 of 1970 and section 2 of Act No. 72 of 1972 (not available at the ILO) with a view to bringing national legislation into conformity with the Convention.

The Committee trusts that the Government will not fail to follow up this opinion in the near future. It requests it to keep the ILO informed of any progress in this respect.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's report in reply to its previous direct request. It notes the favourable opinion of the recently established technical committee regarding the need to amend section 87 of Labour Code No. 58 of 1970 and section 2 of Act No. 72 of 1972 (not available at the ILO) with a view to bringing national legislation into conformity with the Convention.

The Committee trusts that the Government will not fail to follow up this opinion in the near future. It requests it to keep the ILO informed of any progress in this respect.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report in reply to its previous direct request. It notes the favourable opinion of the recently established technical committee regarding the need to amend section 87 of Labour Code No. 58 of 1970 and section 2 of Act No. 72 of 1972 (not available at the ILO) with a view to bringing national legislation into conformity with the Convention.

The Committee trusts that the Government will not fail to follow up this opinion in the near future. It requests it to keep the ILO informed of any progress in this respect.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in response to its previous direct request and the reports of the national committee responsible for examining international labour Conventions and Recommendations. It notes, in particular, that Labour Code No. 58 of 1970 has been submitted to the competent authorities, as amended to bring it into line with the provisions of this Convention.

It recalls in this respect that it asked the Government to amend the legislation to ensure that overtime is only allowed in the cases provided for in the Convention and that the maximum overtime authorized is determined in accordance with Article 6, paragraph 2, of the Convention.

The Committee asks the Government to provide a copy of the amended Labour Code as soon as it has been approved by the competent authorities.

Furthermore, the Committee notes that, according to the Government, Act No. 72 of 1972 (not available at the ILO) provides that the overtime rate is 50 per cent higher than the normal wage. However, in its previous comment, the Committee referred to a communication of 21 July 1981 and noted that it had been decided to stop providing compensation for additional work in all public offices and enterprises. The Committee would be grateful if the Government would clarify these matters. It also asks the Government to provide all available data on the number of additional hours worked in the cases referred to in Article 3 and 6 of the Convention and on the rates actually paid, together with more general information on the practical application of the Convention (Part VI of the report form).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 6 of the Convention. The Committee takes note of the information supplied by the Government in its last report. It notes in particular that a tripartite committee has been set up to examine the comments that are still outstanding and has recommended that section 87 of the Labour Code, No. 58 of 1970, be amended to bring its provisions into conformity with those of Articles 2 and 6. The Committee recalls that to employ a worker for three additional hours per day, or on his weekly rest day, without prescribing any other restrictions (e.g. a monthly or annual limit) exceeds by far the exceptions authorised by the Convention and is definitely contrary to the spirit in which the Convention was drafted. It trusts that sections 87 and 88 will be amended to take account of the foregoing in the very near future and that regulations made by public authority will determine the circumstances in which recourse may be had to overtime, and the maximum number of additional hours, in accordance with Article 6, paragraph 2. It requests the Government to keep the International Labour Office informed of any developments in this respect.

The Committee also notes that the communication of 21 July 1981, whereby the General People's Committee ordered all public administrations and enterprises to stop providing compensation for additional work, applies to all the public establishments covered by the Convention and deals essentially with the additional work covered by section 87 of the Code. The Committee recalls that Article 6, paragraph 2, prescribes that the rate of pay for overtime shall not be less that one and one-quarter times the regular rate, and trusts that the situation in public establishments will be brought into conformity with Article 6 and that the above-mentioned provisions of the Labour Code will be amended.