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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Legislative issues. The Committee previously noted the Government’s indication that the new Labour Code and the new Act on Trade Unions had been finalized and would be enacted after the adoption of the new Constitution. The Committee notes that the Government states that due to the difficult circumstances in the country, the new Labour Code and the new Act on Trade Unions have yet to be promulgated. It further notes the Government’s indication that it looks forward to their promulgation and will provide a copy of the two laws once adopted. The Committee expects that the new Labour Code and the new Act on Trade Unions will be adopted shortly and will contain specific provisions on collective bargaining, collective agreements and social dialogue to give effect to the Convention. The Committee requests the Government to provide information on any developments in this regard and to transmit copies of both laws once they have been adopted.

Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. In its previous comments, the Committee requested the Government to indicate whether, under the current legislation, the fines provided for under section 121(3) of the Labour Relations Act were applicable to acts of anti-union discrimination prohibited by section 3 (favouritism or discrimination on the grounds of trade union membership) and section 77 (termination of employment due to trade union membership or participation in a trade union activity) of the Labour Relations Act. It further requested the Government to provide information on the number of complaints filed with the competent authorities with regard to cases of interference and anti-union discrimination and the outcome of investigations and court proceedings. The Committee also noted the information provided by the Government regarding the protection afforded by the new draft Act on Trade Unions and requested it to provide detailed information on the sanctions provided for in future legislation. The Committee notes with regret that the Government merely: (i) indicates that no complaints have been filed with the competent authority, namely the Directorate General of Labour Inspections; and (ii) describes the conciliation and arbitration procedures in case of work-related disputes by referring to provisions of Act No. 12 of 2010. The Committee recalls that the effectiveness of legal provisions prohibiting acts of anti-union discrimination depends not only on the effectiveness of the remedies envisaged, but also the sanctions provided for which should, in the view of the Committee, be effective and sufficiently dissuasive (see the 2012 General Survey on the fundamental Conventions, paragraph 193). The Committee once again requests the Government to indicate whether the sanctions provided for in section 121(3) of the Labour Relations Act apply to the acts of anti-union discrimination prohibited for in sections 3 and 77 of that Act. The Committee also reiterates its request that the Government provide detailed information on the sanctions provided for in future legislation to accompany the protection against acts of anti-union discrimination and interference afforded by section 62 of the new Act on Trade Unions.

Articles 4 and 6. Scope of the Convention. Right of collective bargaining of public servants not engaged in the administration of the State. The Committee previously requested the Government to indicate how it intends to ensure that public servants not engaged in the administration of the State will enjoy their collective bargaining rights, under the new Labour Code, the new Act on Trade Unions or other legislation. The Committee notes the Government’s indication that: (i) the right to collective bargaining is safeguarded by section 112 of the new Labour Code, which stipulates that “collective bargaining takes place at all levels: at the level of individual projects, factories and enterprises, at the level of activities, professions and industries, and at the sector and national levels”; and (ii) this provision is applicable to all public sector and non-public sector workers. The Committee trusts that the new Labour Code will be adopted promptly and will guarantee the right to collective bargaining of all public servants not engaged in the administration of the State, in accordance with the Convention. It requests the Government to provide information on any development in this respect.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Legislative issues. The Committee notes the Government’s indication that the new Labour Code and the new Law on Trade Unions have been finalized, through consultation with the social partners, and that both texts will be enacted once the new Constitution is adopted. The Committee welcomes the Government’s indication that the new draft laws comply with international labour standards and include, as requested by the supervisory bodies, specific provisions on collective barging, collective agreements and social dialogue. The Committee trusts that the new Labour Code and the new Law on Trade Unions will be adopted in the very new future and that all issues it has raised will be taken into account. The Committee requests the Government to provide a copy of the new Labour Code and Law on Trade Unions once adopted.

Article 1 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee had previously requested the Government to indicate whether fines between 200 and 500 Libyan dinars (LYD) (US$142.74–$356.86) provided for under section 121(3) of the Labour Relations Act (2010) were applicable to acts of anti-union discrimination prohibited by section 3 (favouritism or discrimination on the grounds of trade union membership) and section 77 (termination of employment due to trade union membership or participation in a trade union activity) of the Labour Relations Act and to indicate any other regulations providing for sanctions against anti-union discrimination. The Committee notes the Government’s indication that section 30 of the new draft Law on Trade Unions establishes pecuniary sanctions for impeding the exercise of trade union activities and that section 62 provides protection against acts of interference on the part of employers (hindering or suspending the exercise of trade union activities and forcing workers to join a trade union or withdraw from it) as well as protection against anti-union discrimination, due to their trade union membership or activities. Noting that the Government did not provide information on whether, under the current legislation, the sanctions provided for under section 121(3) of the Labour Relations Act were applicable to acts of anti-union discrimination and termination of employment (sections 3 and 77 of the Labour Relations Act), the Committee reiterates its previous request. It further requests the Government to provide information on the number of complaints filed with the competent authorities with regard to cases of interference and anti-union discrimination and the outcome of investigations and court proceedings. Taking due note of the information provided by the Government regarding the protection afforded by the new Law on Trade Unions, the Committee requests the Government to provide detailed information on the sanctions provided for in future legislation.

Articles 4 and 6. Scope of the Convention. Right of collective bargaining of public servants not engaged in the administration of the State. In its previous comments, while noting the forthcoming adoption of the new Labour Code and the new Law on Trade Unions, the Committee requested the Government to specify whether both legislative texts will be applicable to public servants not engaged in the administration of the State with regard to their collective bargaining rights. The Committee observes that the Government does not provide specific information in this respect. Recalling that only public servants engaged in the administration of the State may be excluded from the scope of the Convention and that the determination of this category of workers is to be made on a case-by-case basis, in light of criteria relating to the prerogatives of the public authorities, the Committee therefore requests the Government to indicate how it intends to ensure that public servants not engaged in the administration of the State will enjoy, under the new Labour Code, the new Law on Trade Unions, or other legislation, their collective bargaining rights.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 1 of the Convention. Protection against acts of anti-union discrimination. In its previous comments, the Committee requested the Government to indicate the sanctions provided by the Labour Relations Act of 2010 against acts of anti-union discrimination. In the absence of a reply in its report, the Committee requests the Government to confirm whether sanctions provided for under section 121, paragraph 3 (fine of not less than 200 and not more than 500 Libyan dinars), of the Labour Relations Act are applicable to acts of anti union discrimination prohibited by section 3 (favouritism or discrimination on the grounds of trade union membership, among others, shall be prohibited) and section 77 (worker’s contract may not be terminated for a reason linked to his or her trade union membership, or because of his or her participation in a trade union activity) of the Act, and to indicate any other regulation providing for sanctions against anti-union discrimination.

Article 4. Collective bargaining in the public sector. While noting the current process of drafting of a new Labour Code and a new Act on Trade Unions, the Committee hopes that the Government will soon be in a position to specify the legislative text applicable to public servants not engaged in the administration of the State with regard to their collective bargaining rights.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. Protection against acts of anti-union discrimination. In its previous comments, the Committee requested the Government to indicate the sanctions provided by the Labour Relations Act of 2010 against acts of anti-union discrimination. In the absence of a reply in its report, the Committee requests the Government to confirm whether sanctions provided for under section 121, paragraph 3 (fine of not less than 200 and not more than 500 Libyan dinars), of the Labour Relations Act are applicable to acts of anti-union discrimination prohibited by section 3 (favouritism or discrimination on the grounds of trade union membership, among others, shall be prohibited) and section 77 (worker’s contract may not be terminated for a reason linked to his or her trade union membership, or because of his or her participation in a trade union activity) of the Act, and to indicate any other regulation providing for sanctions against anti-union discrimination.

Article 4. Collective bargaining in the public sector. While noting the current process of drafting of a new Labour Code and a new Act on Trade Unions, the Committee hopes that the Government will soon be in a position to specify the legislative text applicable to public servants not engaged in the administration of the State with regard to their collective bargaining rights.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee takes note of the Government’s indication of the promulgation of a new Labour Relations Act (No. 12 of 2010) which contains provisions addressing issues raised by the Committee for many years on the implementation of the Convention. The Committee requests the Government to provide a copy of Act No. 12 of 2010 on labour relations, as well as any regulation issued under it. The Committee will proceed to the examination of any progress made in relation to questions it recalls below once the text is received.

The Committee takes note of the comments submitted by the International Trade Union Confederation (ITUC) on 24 August 2010 in relation to issues already under examination by the Committee, and in particular according to which the Government sets salaries unilaterally. The Committee notes the Government’s reply according to which the wages of state employees are issued by virtue of an Act, which is publicly debated in the people’s basic congresses, which are responsible for their approval. The Committee recalls that public servants not engaged in the administration of the State should enjoy the rights enshrined by the Convention, including the right to collective bargaining which covers wages.

Article 1 of the Convention. Protection against acts of anti-union discrimination. In its previous comments, the Committee requested the Government to ensure that the legislation protects explicitly, and through sufficiently dissuasive sanctions, all workers (including public servants not engaged in the administration of the State, agricultural workers and seafarers) against all acts of anti-union discrimination at the time of recruitment and during the employment relationship. The Committee notes the Government’s indication that section 3 of Act No. 12 of 2010 specifies that favouritism or discrimination on the grounds of trade union membership, among others, shall be prohibited, and that section 77 of the Act provides that a worker’s contract may not be terminated for a reason linked to his/her trade union membership, or because of his/her participation in a trade union activity outside or during working hours, with the approval of the employer. The Committee takes note of this information and requests the Government to specify the sanctions provided in the new law against acts of anti-union discrimination.

Article 4. Collective bargaining. In its previous comments, the Committee 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. The Committee also took note of the Government’s indication that a new Act on labour relations would repeal the abovementioned provisions so as to give collective bargaining full scope taking into account the Committee’s previous observation. The Committee notes from the report of the Government that sections 63, 64, 65 and 67 of the Labour Code Act were repealed by virtue of Act No. 12 of 2010.

The Committee also referred previously to the absence of collective agreements covering public servants not engaged in the administration of the State, agricultural workers and seafarers, and expressed the hope that any new legislation will expressly grant to these categories of workers the right to bargain collectively. The Committee notes the Government’s indication that exceptions mentioned in the previous Labour Code (domestic workers and agricultural workers) was addressed by Act No. 12 of 2010, which now includes all categories of workers except workers regulated by other laws or special regulations and family workers. The Committee takes note of this information and requests the Government to confirm that seafarers are not excluded from the application of the new legislative provisions and to specify the legislative text applicable to public servants not engaged in the administration of the State with regard to their collective bargaining rights. The Committee also requests the Government to indicate whether the workers that are regulated by other laws or special regulations are granted the rights and guarantees set out in the Convention.

Furthermore, the Committee invites the Government to provide any statistics available on the number of collective agreements presently in force by sector, and the number of workers they cover.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Protection against acts of anti-union discrimination. In previous comments, the Committee had drawn the Government’s attention to the need to amend section 34 of Act No 107 of 1975 on Trade Unions, which does not provide for protection of workers against acts of anti-union discrimination at the time of recruitment. Moreover, the Committee had also referred to the absence of legal protection  for public servants not engaged in the administration of the state, agricultural workers and seafarers, against acts of anti-union discrimination both at the time of recruitment and during the employment relationship.

The Committee notes that: (1) with respect to the absence of protection against acts of anti-union discrimination at the time of recruitment, the Government refers to its previous comments according to which discrimination at the time of recruitment is not possible as workers are mandatorily recruited and placed through official employment offices and trade union membership is not part of the criteria by which these employment offices place registered workers; (2) concerning the protection of public servants not engaged in the administration of the State, agricultural workers and seafarers, at the time of recruitment and during the employment relationship, the Government indicates that these categories of workers have their own union (Unions of Administration Workers, Unions of Peasants and Breeders and Unions of Seafarers and Ports) that ensure the protection and defence of their rights; (3) the Government’s indication that a draft new Labour Relations Act is being submitted to the Fundamental People’s Congress for its promulgation. While taking due note of the Government’s information on the national practice, the Committee requests the Government to take the necessary measures to ensure that the new legislation to be adopted protects explicitly and through sufficiently dissuasive sanctions all workers (including public servants not engaged in the administration of the State, agricultural workers and seafarers) against all acts of anti-union discrimination at the time of recruitment and during the employment relationship, and requests the Government to indicate in its next report any steps taken or contemplated in this respect.

Article 4 of the Convention. Collective bargaining. The Committee 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. The Committee notes the Government’s indication that the draft Act on labour relations has repealed the abovementioned provisions and has redrafted them so as to give collective bargaining full scope taking into account the Committee’s previous observation. The Committee notes this information with interest and requests the Government to indicate any development concerning the adoption of the draft law on labour relations.

The Committee had also referred to the absence of collective agreements covering public servants not engaged in the administration of the State, agricultural workers and seafarers. In this respect, the Committee notes the Government’s information that these workers enjoy the full right to bargain collectively and that the new draft Labour Code regulates collective bargaining at its various levels. In this regard, the Committee expresses the hope that the new draft Labour Code or any other legislation will expressly grant public servants not engaged in the administration of the State, agricultural workers and seafarers the right to bargain collectively and invites the Government to communicate any collective agreement in force concerning these categories of worker.

Finally, the Committee notes the comments submitted by the International Trade Union Confederation (ITUC) on 29 August 2008, according to which the Government sets salaries unilaterally. The Committee requests the Government to send its observations thereon. The Committee also requests the Government to provide statistics on the number of collective agreements presently in force by sector, and the number of workers they cover.

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

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.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s report as well as the comments made by the International Confederation of Free Trade Unions (ICFTU) dated 18 September 2002.

Article 1 of the Convention. 1. Protection against anti-union discrimination. The Committee recalls that its previous comments concerned section 34 of Act No. 107 of 1975 which protects workers against acts of anti-union discrimination during the employment relationship but not at the time of recruitment. The Committee notes from the Government’s report that the conditions required from workers at the time of recruitment do not include the condition of not being a member of a trade union and that the Law on Trade Unions No. 23 of 1998 grants the right to every citizen to constitute or join a trade union. The Committee observes that nothing in the Government’s report permits to affirm that there is an explicit provision in the law affording protection against anti-union discrimination at the time of recruitment as required by Article 1 of the Convention. It therefore once again requests the Government to indicate in its next report any measures taken or contemplated to amend section 34 of Act No. 107 of 1975 so as to afford protection against acts of anti-union discrimination not only during the employment relationship but also at the time of recruitment.

2. With regard to its previous comments regarding the protection of public servants not engaged in the administration of the State, agricultural workers and seafarers against acts of anti-union discrimination, both at the time of recruitment and during the employment relationship, the Committee notes from the Government’s report that even if it is not stated clearly in the Law on Trade Unions No. 23 of 1998, the current legislation affords the necessary protection to all employees in all workplaces including domestic workers, agricultural workers and seafarers. The Government also states that it shall subsequently take the Committee’s observation into account by adopting the necessary measures whenever it is deemed appropriate, in order to realize maximum benefits to all employees in any workplace, regardless of their job. The Committee takes note of the Government’s intention to take the necessary measures. The Committee hopes that the legislation will protect explicitly and through sufficiently dissuasive sanctions all workers (including public servants not engaged in the administration of the State, agricultural workers and seafarers) against all acts of anti-union discrimination, and requests the Government to indicate in its next report any steps taken or contemplated in this respect.

Article 4. 1. The Committee takes note of the comments made by the ICFTU to the effect that the Government must approve all collective agreements to ensure that they are in line with the nation’s economic interests. The Committee recalls that it has previously raised this issue, requesting the repeal of 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. The Committee notes from the Government’s report that a new bill which is under discussion shall look into the annulment of sections 63, 64, 65 and 67 of the Labour Code. The Committee hopes that the Government will make every effort to take the necessary action in the very near future and requests the Government to indicate in its next report the steps taken in this respect.

2. In its previous comments concerning the right to bargain collectively of public servants not engaged in the administration of the State, agricultural workers and seafarers, the Committee had requested the Government to indicate the legislative provisions that grant these categories of workers the right to bargain collectively and to give examples of collective agreements in force in these sectors. Noting that the Government’s report does not contain any information in this respect, the Committee once again requests the Government to indicate the legislative provisions that grant public servants not engaged in the administration of the State, agricultural workers and seafarers the right to bargain collectively and to give examples of collective agreements in force in these sectors.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the observation made by the International Confederation of Free Trade Unions on the application of the Convention, dated 18 September 2002. The Committee requests the Government to furnish its comments on these observations.

The Committee notes that, according to the Government’s report, the legislation affords adequate protection in accordance with the provisions of the Convention. However, the Government indicates that it will take due account of the Committee’s comments and that the measures considered necessary will be taken provided that they are in the interests of the workers.

In view of the Government’s statements, the Committee is bound to reiterate its previous comments, which read as follows:

The Committee notes the promulgation of Law No. 23 of 15 December 1998 on trade unions, federations and professional associations.

  Article 1 of the Convention. In its previous comments, the Committee had noted that while section 34 of Act No. 107 of 1975 protected workers against acts of anti-union discrimination during the employment relationship, it did not provide such protection at the time of recruitment. Moreover, the Committee had noted that public servants not engaged in the administration of the State, agricultural workers and seafarers did not enjoy any protection against acts of anti-union discrimination. The Committee had requested the Government to take appropriate measures as soon as possible as regards these issues.

The Committee once again requests the Government to take the necessary measures to ensure that the legislation protects all workers (including public servants not engaged in the administration of the State, agricultural workers and seafarers) against acts of anti-union discrimination, both at the time of recruitment and during the employment relationship, and that such protection is accompanied by sufficiently dissuasive sanctions.

  Article 4. In its previous comments, the Committee had requested the Government to repeal 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. The Committee once again urges the Government to repeal the above sections so as to bring its legislation into conformity with the Convention.

The Committee had also noted that public servants not engaged in the administration of the State, agricultural workers and seafarers did not have the right to bargain collectively, and requested the Government to take the necessary measures. The Government had stated that these workers may belong to trade union organizations, which guarantee them the right to collective bargaining. The Committee requests the Government to indicate in its next report the legislative provisions that grant these workers the right to bargain collectively, and to give examples of collective agreements in force in these sectors.

The Committee once again hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report and the promulgation of Law No. 23 of 15 December 1998 on trade unions, federations and professional associations.

Article 1 of the Convention. In its previous comments, the Committee had noted that while section 34 of Act No. 107 of 1975 protected workers against acts of anti-union discrimination during employment relationships, it did not provide such protection at the time of recruitment. Moreover, the Committee had noted that public servants not engaged in the administration of the State, agricultural workers and seafarers did not enjoy any protection against acts of anti-union discrimination. The Committee had requested the Government to take appropriate measures as soon as possible as regards these issues.

Noting that the Government’s report contains no specific reply on these matters, the Committee once again requests the Government to take the necessary measures to ensure that the legislation protects all workers (including public servants not engaged in the administration of the State, agricultural workers and seafarers) against acts of anti-union discrimination, both at the time of recruitment and during the employment relationship, and that such protection is accompanied by sufficiently dissuasive sanctions.

Article 4. In its previous comments, the Committee had requested the Government to repeal sections 63, 64, 65 and 67 of the Labour Code, which require the clauses of collective agreements to be in conformity with national economic interest, thus violating the principle of voluntary negotiation of collective agreements and the autonomy of the bargaining parties. The Committee notes that the Government’s report contains no reply in this regard, and once again urges the Government to repeal the abovementioned sections to bring its legislation into conformity with the Convention.

The Committee had also noted that public servants not engaged in the administration of the State, agricultural workers and seafarers did not have the right to bargain collectively, and requested the Government to take the necessary measures. The Government states that these workers may belong to trade union organizations, which guarantee them the right to collective bargaining. The Committee requests the Government to indicate in its next report the legislative provisions that grant these workers the right to bargain collectively, and to give examples of collective agreements in force in this sector.

The Committee expresses, once again, the hope that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

  Article 1 of the Convention.  The Committee had noted that section 34 of Act No. 107 of 1975 concerning trade unions only provided for protection against acts of anti-union discrimination for trade union activities during the employment relationship, but not at the time of recruitment. In these circumstances the Committee requests the Government to take measures to this end accompanied by sufficiently dissuasive sanctions.

Moreover, the Committee had noted that public servants not engaged in the administration of the State, agricultural workers and seafarers, did not have adequate protection against acts of anti-union discrimination. In these circumstances, the Committee requests the Government to take appropriate measures, as soon as possible, accompanied by sufficiently dissuasive sanctions, so that workers in the sectors mentioned above enjoy adequate protection against acts of anti-union discrimination at the time of recruitment as well as during the employment relationship.

  Articles 4 and 6 of the Convention.  The Committee had noted that sections 63, 64, 65 and 67 of the Labour Code required the clauses of collective agreements to be in conformity with the national economic interest. In this respect, the Committee points out that legal provisions which subject the validity of collective agreements to the approval of the administrative authority for reasons of economic policy considerations in such a way that employers’ and workers’ organizations cannot freely determine employment conditions, are not in conformity with Article 4 of the Convention. In these circumstances the Committee requests the Government to take measures to repeal the above-mentioned provisions of the Labour Code.

In the same way, the Committee had observed that public servants not engaged in the administration of the State, agricultural workers and seafarers do not have the right to bargain collectively. In this respect, the Committee recalls that, under the terms of Article 6 of the Convention, only public servants who work in the administration of the State (civil servants in government ministries and comparable bodies) may be excluded from its scope. In these circumstances, the Committee requests the Government to take the appropriate measures so that these workers can freely enjoy right of collective bargaining.

The Committee requests the Government to inform it in its next report on any measures taken in relation to the questions raised.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

Article 1 of the Convention. The Committee had noted that section 34 of Act No. 107 of 1975 concerning trade unions only provided for protection against acts of anti-union discrimination for trade union activities during the employment relationship, but not at the time of recruitment. In these circumstances the Committee requests the Government to take measures to this end accompanied by sufficiently dissuasive sanctions. Moreover, the Committee had noted that public servants not engaged in the administration of the State, agricultural workers and seafarers, did not have adequate protection against acts of anti-union discrimination. In these circumstances, the Committee requests the Government to take appropriate measures, as soon as possible, accompanied by sufficiently dissuasive sanctions, so that workers in the sectors mentioned above enjoy adequate protection against acts of anti-union discrimination at the time of recruitment as well as during the employment relationship. Articles 4 and 6 of the Convention. The Committee had noted that sections 63, 64, 65 and 67 of the Labour Code required the clauses of collective agreements to be in conformity with the national economic interest. In this respect, the Committee points out that legal provisions which subject the validity of collective agreements to the approval of the administrative authority for reasons of economic policy considerations in such a way that employers' and workers' organizations cannot freely determine employment conditions, are not in conformity with Article 4 of the Convention. In these circumstances the Committee requests the Government to take measures to repeal the above-mentioned provisions of the Labour Code. In the same way, the Committee had observed that public servants not engaged in the administration of the State, agricultural workers and seafarers do not have the right to bargain collectively. In this respect, the Committee recalls that, under the terms of Article 6 of the Convention, only public servants who work in the administration of the State (civil servants in government ministries and comparable bodies) may be excluded from its scope. In these circumstances, the Committee requests the Government to take the appropriate measures so that these workers can freely enjoy right of collective bargaining. The Committee requests the Government to inform it in its next report on any measures taken in relation to the questions raised.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1 of the Convention. The Committee had noted that section 34 of Act No. 107 of 1975 concerning trade unions only provided for protection against acts of anti-union discrimination for trade union activities during the employment relationship, but not at the time of recruitment. In this respect, the Committee recalls that under the terms of Article 1 of the Convention, legislative measures, accompanied by sufficiently dissuasive sanctions, should be adopted which would provide for protection against acts of anti-union discrimination not only during the employment relationship but also at the time of recruitment. In these circumstances the Committee requests the Government to take measures as indicated above. Moreover, the Committee had noted that public servants not engaged in the administration of the State, agricultural workers and seafarers, did not have adequate protection against acts of anti-union discrimination. In this respect, the Committee recalls that the Convention does not exclude from its scope any of the categories of workers mentioned above. In these circumstances, the Committee requests the Government to take appropriate measures, as soon as possible, accompanied by sufficiently dissuasive sanctions, so that workers in the sectors mentioned above enjoy adequate protection against acts of anti-union discrimination at the time of recruitment as well as during the employment relationship. Articles 4 and 6 of the Convention. The Committee had noted that sections 63, 64, 65 and 67 of the Labour Code required the clauses of collective agreements to be in conformity with the national economic interest. In this respect, the Committee points out that legal provisions which subject the validity of collective agreements to the approval of the administrative authority for reasons of economic policy considerations in such a way that employers' and workers' organizations cannot freely determine employment conditions, are not in conformity with Article 4 of the Convention. In these circumstances the Committee requests the Government to take measures to repeal the above-mentioned provisions of the Labour Code. In the same way, the Committee had observed that public servants not engaged in the administration of the State, agricultural workers and seafarers do not have the right to bargain collectively. In this respect, the Committee recalls that, under the terms of Article 6 of the Convention, only public servants who work in the administration of the State (civil servants in government ministries and comparable bodies) may be excluded from its scope. Consequently, the Committee once again emphasizes that public servants who do not work in the administration of the State, agricultural workers and seafarers should enjoy the right to bargain collectively. In these circumstances, the Committee requests the Government to take the appropriate measures so that these workers can freely enjoy this right. The Committee requests the Government to inform it in its next report on any measures taken in relation to the questions raised so as to bring its legislation into full conformity with the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee takes note of the Government's report and observes that it refers to various provisions of a general character which in the Government's view secure compliance with the Convention.

Noting that the legal provisions mentioned by the Government do not refer specifically to the questions raised by the Committee, the Committee recalls that for several years it has commented on the following matters:

Article 1 of the Convention. The Committee had noted that section 34 of Act No. 107 of 1975 concerning trade unions only provided for protection against acts of anti-union discrimination for trade union activities during the employment relationship, but not at the time of recruitment. In this respect, the Committee recalls that under the terms of Article 1 of the Convention, legislative measures, accompanied by sufficiently dissuasive sanctions, should be adopted which would provide for protection against acts of anti-union discrimination not only during the employment relationship but also at the time of recruitment. In these circumstances the Committee requests the Government to take measures as indicated above.

Moreover, the Committee had noted that public servants not engaged in the administration of the State, agricultural workers and seafarers, did not have adequate protection against acts of anti-union discrimination. In this respect, the Committee recalls that the Convention does not exclude from its scope any of the categories of workers mentioned above. In these circumstances, the Committee requests the Government to take appropriate measures, as soon as possible, accompanied by sufficiently dissuasive sanctions, so that workers in the sectors mentioned above enjoy adequate protection against acts of anti-union discrimination at the time of recruitment as well as during the employment relationship.

Articles 4 and 6 of the Convention. The Committee had noted that sections 63, 64, 65 and 67 of the Labour Code required the clauses of collective agreements to be in conformity with the national economic interest. In this respect, the Committee points out that legal provisions which subject the validity of collective agreements to the approval of the administrative authority for reasons of economic policy considerations in such a way that employers' and workers' organizations cannot freely determine employment conditions, are not in conformity with Article 4 of the Convention. In these circumstances the Committee requests the Government to take measures to repeal the above-mentioned provisions of the Labour Code.

In the same way, the Committee had observed that public servants not engaged in the administration of the State, agricultural workers and seafarers do not have the right to bargain collectively. In this respect, the Committee recalls that, under the terms of Article 6 of the Convention, only public servants who work in the administration of the State (civil servants in government ministries and comparable bodies) may be excluded from its scope. Consequently, the Committee once again emphasizes that public servants who do not work in the administration of the State, agricultural workers and seafarers should enjoy the right to bargain collectively. In these circumstances, the Committee requests the Government to take the appropriate measures so that these workers can freely enjoy this right.

The Committee requests the Government to inform it in its next report on any measures taken in relation to the questions raised so as to bring its legislation into full conformity with the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that for the second consecutive year the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

For many years, the Committee has been pointing out that certain provisions of the national legislation do not sufficiently implement or are not in conformity with the Convention, namely: -- section 34 of Act No. 107 of 1975 concerning trade unions, which provides protection against acts of discrimination for trade union activities during the employment relationship, but not at the time of the recruitment of a worker (Article 1 of the Convention); -- sections 63, 64, 65 and 67 of the Labour Code, which require the clauses of collective agreements to be in conformity with the economic interest (Article 4), whereas, in the Committee's opinion, rather than subjecting the validity of collective agreements to government approval, steps should be taken to persuade the parties to collective bargaining to have regard voluntarily to major economic and social policy considerations of general interest invoked by the Government; -- the absence of provisions ensuring adequate protection against acts of anti-union discrimination and granting the right of collective bargaining to public servants not engaged in the administration of the State, to agricultural workers and to seafarers. The Committee noted that the National Commission that had been given the task of examining international labour Conventions had recommended that sections 4(d) and 34 of the Act of 1975, and sections 63, 64, 65 and 67 of the Labour Code be repealed or amended. The Committee emphasizes the necessity of adopting measures to guarantee protection against acts of anti-union discrimination and to secure the right to bargain collectively for public servants not engaged in the administration of the State, agricultural workers and seafarers. It hopes that the Government will make every effort to take the necessary measures in the very near future and that it will supply information in its next report on any progress that has been achieved on these various points.

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

The Committee notes the Government's report.

The Committee recalls that for many years it has been pointing out a number of discrepancies between domestic legislation and the Convention, namely:

- section 34 of Act No. 107 of 1975 concerning trade unions, which provides protection against acts of discrimination for trade union activities during the employment relationship, but not at the time of the recruitment of a worker (Article 1 of the Convention);

- sections 63, 64, 65 and 67 of the Labour Code, which require the clauses of collective agreements to be in conformity with the economic interest (Article 4), whereas, in the Committee's opinion, rather than subjecting the validity of collective agreements to government approval, steps should be taken to persuade the parties to collective bargaining to have regard voluntarily to major economic and social policy considerations of general interest invoked by the Government;

- that public servants not engaged in the administration of the State, agricultural workers and seafarers do not have adequate protection against acts of anti-union discrimination or the right of collective bargaining.

The Committee had noted in its previous reports the assurance given by the Government that draft new labour legislation would apply ILO standards and observed that the National Commission that had been given the task of examining international labour Conventions had recommended that sections 4(d) and 34 of the Act of 1975, and sections 63, 64, 65 and 67 of the Labour Code be repealed or amended.

The Committee notes that the Government indicates in its last report only that a technical committee consisting of representatives of the Government, employers and workers considered that promulgation of Act No. 5 of 1991 on the Application of the Principles of the Great Green Book on human rights which provides that the citizens of the Jamahiriya shall be free to establish federations, unions, and occupational guilds to protect their occupational interests (section 6), and Act No. 20 of 1991 on the strengthening of freedom which contains similar provisions (sections 9 and 10), apply the Convention adequately.

Consequently, the Committee emphasizes once again the necessity of adopting measures to guarantee to all workers, be they nationals or foreigners, and not only to Libyan citizens, adequate protection against acts of anti-union discrimination at the time of recruitment, to secure the right to bargain collectively for public employees not engaged in the administration of the State, agricultural workers and seafarers, and to limit the scope of refusing official approval of collective agreements to questions of form or lack of conformity to the minimum standards of the Labour Code.

On the last point, the Committee draws the Government's attention to paragraphs 251 to 253 of its General Survey of 1994 on freedom of association and collective bargaining in which it indicates that in cases of economic difficulty the Government should prefer persuasion to constraint and that, in any event, the parties should be free to take their final decisions. In this study, the Committee highlighted certain suggestions on the question including the holding of prior consultations on what the scope of the concept of public interest should be, establishing joint bodies and drawing the attention of the parties to the economic policy objectives recognized as being in the general interest.

The Committee hopes that the Government will make every effort to take into account the suggestions made for amending its legislation and that it will supply information in its next report on any progress that has been achieved on these various points.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which dealt with the following points:

For many years, the Committee has been pointing out that certain provisions of the national legislation do not sufficiently implement or are not in conformity with the Convention, namely: - section 34 of Act No. 107 of 1975 concerning trade unions, which provides protection against acts of discrimination for trade union activities during the employment relationship, but not at the time of the recruitment of a worker (Article 1 of the Convention); - sections 63, 64, 65 and 67 of the Labour Code, which require the clauses of collective agreements to be in conformity with the economic interest (Article 4), whereas, in the Committee's opinion, rather than subjecting the validity of collective agreements to government approval, steps should be taken to persuade the parties to collective bargaining to have regard voluntarily to major economic and social policy considerations of general interest invoked by the Government; - the absence of provisions ensuring adequate protection against acts of anti-union discrimination and granting the right of collective bargaining to public servants not engaged in the administration of the State, to agricultural workers and to seafarers. The Committee noted that the National Commission that had been given the task of examining international labour Conventions had recommended that sections 4(d) and 34 of the Act of 1975, and sections 63, 64, 65 and 67 of the Labour Code be repealed or amended. The Committee emphasizes the necessity of adopting measures to guarantee protection against acts of anti-union discrimination and to secure the right to bargain collectively for public servants not engaged in the administration of the State, agricultural workers and seafarers.

It hopes that the Government will make every effort to take the necessary measures in the very near future and that it will supply information in its next report on any progress that has been achieved on these various points.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government in its report.

1. For many years, the Committee has been pointing out that certain provisions of the national legislation do not sufficiently implement or are not in conformity with the Convention, namely:

- section 34 of Act No. 107 of 1975 concerning trade unions, which provides protection against acts of discrimination for trade union activities during the employment relationship, but not at the time of the recruitment of a worker (Article 1 of the Convention);

- sections 63, 64, 65 and 67 of the Labour Code, which require the clauses of collective agreements to be in conformity with the economic interest (Article 4), whereas, in the Committee's opinion, rather than subjecting the validity of collective agreements to government approval, steps should be taken to persuade the parties to collective bargaining to have regard voluntarily to major economic and social policy considerations of general interest invoked by the Government (see paragraph 318 of the 1983 General Survey on Freedom of Association and Collective Bargaining);

- the absence of provisions ensuring adequate protection against acts of anti-union discrimination and granting the right of collective bargaining to public servants not engaged in the administration of the State, to agricultural workers and to seafarers.

The Committee notes that the National Commission that has been given the task of examining international labour Conventions has recommended that sections 4(d) and 34 of the Act of 1975, and sections 63, 64, 65 and 67 of the Labour Code be repealed or amended.

The Committee emphasises the necessity of adopting measures to guarantee protection against acts of anti-union discrimination and to secure the right to bargain collectively for public servants not engaged in the administration of the State, agricultural workers and seafarers.

It hopes that the Government will make every effort to take the necessary measures in the very near future and that it will supply information in its next report on any progress that has been achieved on these various points.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. For many years the Committee has been pointing out that certain provisions of the national legislation do not sufficiently implement or are not in conformity with the Convention, namely: - section 34 of Act No. 107 of 1975 concerning trade unions, which provides protection against acts of discrimination for trade union activities during the employment relationship, but not at the time of the recruitment of a worker (Article 1 of the Convention); - sections 63, 64, 65 and 67 of the Labour Code, which require the clauses of collective agreements to be in conformity with the economic interest (Article 4), whereas, in the Committee's opinion, rather than subjecting the validity of collective agreements to government approval, steps should be taken to persuade the parties to collective bargaining to have regard voluntarily to major economic and social policy considerations of general interest invoked by the Government (see paragraph 318 of the 1983 General Survey on Freedom of Association and Collective Bargaining). In its report, the Government indicates once again that proposals have been made to amend these provisions of the national legislation in order to bring them into line with the Convention. The Committee once again trusts that the necessary measures will be taken in the near future to give effect to the Convention on these points and it requests the Government to supply information on the progress achieved. 2. The Committee notes that the Government's report does not contain any information on a number of points that were raised in its previous observations: (a) the right to bargain collectively of public servants not engaged in the administration of the State. The Committee noted that by virtue of Part IV of Decision No. 184 of the General People's Committee of 1983, concerning the organisation of municipalities, the People's Committees of the public service are responsible for the recruitment of workers. The Committee once again requests the Government to indicate whether these provisions apply to public servants other than those engaged in the administration of the State whom, by virtue of Article 6, are not covered by the Convention. If this is the case, it requests the Government to indicate the provisions under which the guarantees set out in Articles 1 and 2 and the right to freely negotiate collective agreements as laid down in Article 4 are recognised for public servants who are not engaged in the administration of the State; (b) the right of agricultural workers and seafarers to bargain collectively. The Committee has been noting for several years that agricultural workers and seafarers are excluded from the scope of the Labour Code and that seafarers are governed by the Maritime Code. The Committee once again urges the Government to supply a copy of the Maritime Code and of the legislative texts that give agricultural workers and seafarers the right to organise and to bargain collectively their terms and conditions of employment in accordance with the Convention.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's report.

1. For many years the Committee has been pointing out that certain provisions of the national legislation do not sufficiently implement or are not in conformity with the Convention, namely:

- section 34 of Act No. 107 of 1975 concerning trade unions, which provides protection against acts of discrimination for trade union activities during the employment relationship, but not at the time of the recruitment of a worker (Article 1 of the Convention);

- sections 63, 64, 65 and 67 of the Labour Code, which require the clauses of collective agreements to be in conformity with the economic interest (Article 4), whereas, in the Committee's opinion, rather than subjecting the validity of collective agreements to government approval, steps should be taken to persuade the parties to collective bargaining to have regard voluntarily to major economic and social policy considerations of general interest invoked by the Government (see paragraph 318 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

In its report, the Government indicates once again that proposals have been made to amend these provisions of the national legislation in order to bring them into line with the Convention.

The Committee once again trusts that the necessary measures will be taken in the near future to give effect to the Convention on these points and it requests the Government to supply information on the progress achieved.

2. The Committee notes that the Government's report does not contain any information on a number of points that were raised in its previous observations:

(a) the right to bargain collectively of public servants not engaged in the administration of the State.

The Committee noted that by virtue of Part IV of Decision No. 184 of the General People's Committee of 1983, concerning the organisation of municipalities, the People's Committees of the public service are responsible for the recruitment of workers. The Committee once again requests the Government to indicate whether these provisions apply to public servants other than those acting in their capacity as agents of the public authority whom, by virtue of Article 6, are not covered by the Convention. If this is the case, it requests the Government to indicate the provisions under which the guarantees set out in Articles 1 and 2 and the right to freely negotiate collective agreements as laid down in Article 4 are recognised for public servants who are not engaged in the administration of the State;

(b) the right of agricultural workers and seafarers to bargain collectively.

The Committee has been noting for several years that agricultural workers and seafarers are excluded from the scope of the Labour Code and that seafarers are governed by the Maritime Code. The Committee once again urges the Government to supply a copy of the Maritime Code and of the legislative texts that give agricultural workers and seafarers the right to organise and to bargain collectively their terms and conditions of employment in accordance with the Convention.