Protection of Wages Convention, 1949 (No. 95) - Libya (Ratification: 1962)

Individual Case (CAS) - Discussion: 2006, Publication: 95th ILC session (2006)

A Government representative emphasized that his country had always respected ILO principles and instruments, and many of these were reflected in the Green Book and Law No. 20 of 1991 respecting the promotion of liberty, which provided the basis for employment relationships. The Law also guaranteed social protection, which was a right for everyone in Libyan society. The speaker also paid tribute to the ILO and its supervisory bodies. However, he regretted that the comments of the Committee of Experts contained some errors and imprecise information on the situation of illegal workers and that they overlooked the measures that had been taken by his country to consolidate labour protection and reduce poverty. In the detailed report provided to the Committee of Experts, his Government had presented information on a street quarrel which had occurred between certain Libyan nationals and persons from other African countries, and which was unrelated to a labour conflict at the workplace. The security services had carried out an investigation and the judicial system had given its verdict on the persons convicted in this incident. The ILO had received copies of the court orders issued in this regard. Those who were expelled as a result of this incident had been illegal immigrants. No persons who had entered the country lawfully and who were in possession of a labour permit had been expelled. The expulsions had been carried out in coordination with the respective embassies and no claims had been received for wages due, as alleged by the ICFTU. No related complaints had been made by any individual workers or a trade union organization to the General People's Committee for Workforce, Training and Employment, to the General Producers' Union, or to the Democratic Organization of African Workers' Trade Union, even though his Government was fully prepared to settle any legally documented claims submitted by any person from any country.

The speaker indicated that his country had established the necessary policies to regulate the entry, departure and employment of African citizens, in a manner which ensured their basic rights at work, dignity and employment in decent jobs. It had also ensured the rights of foreign nationals through its legislation in relation to work and social security, in accordance with international labour standards. The measures adopted included receiving experts from the ILO's International Labour Standards Department in July 2005, joining the International Organization for Migration (IOM) and opening an IOM office in Tripoli, in accordance with the recommendations of several international meetings. The measures adopted by his Government had been reviewed so as to reply to comments made by the ICFTU. An invitation had been extended to ICFTU representatives to visit his country so as to examine the measures adopted for the protection of fundamental rights at work. The Local People's Congresses had adopted in February 2006 the El-Gadaffi Project for Youth, Women and African Children to promote the fundamental principles of work, reduce poverty in Africa and identify the funds needed for investment in the development of human resources in Africa, in a manner which was in accordance with the objectives of the ILO and the Ouagadougou Declaration of 2004. An ambitious plan had also been developed with workers' and employers' organizations to review labour legislation, create employment opportunities, and undertake training of human resources.

The speaker maintained that some of the comments of the Committee of Experts might have resulted from a lack of understanding of the Government's position, or from a difference in the interpretation of the legal provisions of the instruments. One example was the Committee of Experts' recommendation to conclude a bilateral social security agreement with a specific country, similar to the bilateral agreements that had been concluded with other countries. This recommendation could be seen as a challenge to Libyan sovereignty. With a view to improving legislation on labour, public service and social security, he pointed out that draft legislation was currently under examination by the Local People's Congresses, which were competent in the matter and tripartite in nature. He added that the wages of workers employed in warehouses and in the agricultural sector were covered by Law No. 58 of 1970. In conclusion, he reaffirmed the importance of adopting a suitable approach to encourage member States to ratify international Conventions and to follow the recommendations of the supervisory bodies. He confirmed his country's willingness to provide all the required information to the Conference Committee and to supply detailed information in its next report to the Committee of Experts. He also welcomed the technical assistance of the Office to facilitate the full application of ILO Conventions ratified by his country.

The Employer members noted that the Committee of Experts had dealt with the case eight times within the last ten years and the Conference Committee had last dealt with it in 1996. The case was also cited in the General Survey of 2003. The allegations essentially concerned a violation of Article 12, paragraph 2, of the Convention. The final settlement of all wages due upon the termination of a contract of employment had in the past not been granted to Palestinian migrant workers who were expelled from the country. The problem had now extended to migrant workers from neighbouring countries. In the past, the Government had often stated that the problem did not exist among migrant workers who were staying legally in the Libyan Arab Jamahiriya and had a work permit. The Committee of Experts, however, did not have to deal with the question as to whether the expulsion of migrant workers was legal or whether a valid work permit was required. Convention No. 95 and its Article 12, paragraph 2, did not relate to the status of the worker or the existence of a work permit. Convention No. 95 intended to ensure that everybody who had worked for a certain employer had the right to wages and that this right needed to be defended. Thus, the Government was required to ensure, that after the termination of work relationships of migrant workers, they were in a position to enforce their wage claims. For over 25 years the Committee of Experts had also been criticizing that Articles 2, 4, 7 and 8 of the Convention were inadequately implemented. The Government did not deny the problem and announced a wide-ranging examination of the impact of new provisions of the Labour Code, involving the social partners. This examination should be carried out as soon as possible and statistical data concerning the application of Article 12 in law and practice should be provided.

The Worker members recalled that the Conference Committee had discussed in 1996 the question of wage protection in the Libyan Arab Jahamiriya. In its report, the Committee of Experts observed that, in spite of the changes that had taken place in the country, the Government had confined itself to general statements and had not given concrete answers as to the number of foreign workers having left the country, in most cases forcibly, without having been paid. Moreover, the Committee of Experts had been commenting for more than 25 years on the situation of workers that did not enjoy any legal protection concerning the payment of their wages. The Committee of Experts had also commented on the fact that up to 50 per cent of the wages could be paid in kind; the need to regulate works stores to ensure that goods and services were offered at fair and reasonable prices; the need to set overall limits for wage deductions of workers so that they could support themselves and their families. Bearing in mind all these facts, the Committee of Experts had highlighted this case with a footnote. The Workers recalled that in the case concerning the application of Convention No. 118 by the Libyan Arab Jamahiriya, the Committee had decided to place its conclusions in a special paragraph as a result of the Government's attitude of indifference. It appeared that as a result of this and also following a mission by the Office, the situation had improved. The conclusions on this particular case should be sufficiently strong to encourage the Government to change its attitude and remedy the problems on the application of Convention No. 95, which the supervisory bodies had been addressing for more than a quarter of a century.

The Worker member of the Libyan Arab Jamahiriya, speaking on behalf of the General Producers' Union, stated that his organization had not received any formal complaints or appeal from any federation or trade union organization in relation to the observation made by the Committee of Experts on Convention No. 95. He pointed out that the majority of migrant workers were in fact in transit through the Libyan Arab Jamahiriya on their way to other countries in the north of the Mediterranean and had no legal status. The speaker stated that the General Producers' Union was in continuous contact with the General People's Committee for Workforce, Training and Employment and other authorities responsible for labour law enforcement to resolve any related problems. The General Producers' Union was also a member in the joint Committee composed of the social partners and other related administrative departments, whose task was to examine the observations made by the Committee of Experts. He expressed his organization's full willingness to collaborate with the ILO and related institutions to ensure the application of international labour standards through social dialogue with all partners. The speaker recalled the role played by the General Producers' Union in the resolution of previous problems relating to the settlement of wages of workers from neighbouring countries, whose services were no longer needed. All those workers had obtained their dues, in coordination with their trade union organizations, under the supervision of the Democratic Organization of African Workers' Trade Union and the ILO in 1985. This was proof of the full cooperation of the Libyan Arab Jamahiriya with its social partners and the ILO. He had expected the thanks of the Conference Committee for such collaboration and the continued response shown by his country, rather than being the subject of unfounded allegations. His country endeavoured to resolve the migration problem and to take initiatives aimed at providing decent work to all migrant workers in their countries of origin so that they could avoid emigration. He also stated that his organization was also following up closely on the determination of the minimum wage with the Government. In conclusion, he stressed that the General Producers' Union was an independent body that maintained good relations with all regional and international trade union organizations. He called up on the Conference Committee to support the efforts being made by his country to address the issues raised by the Committee of Experts.

The Worker member of Senegal regretted that in view of the trauma suffered by the workers expulsed from the Libyan Arab Jahamiriya without payment of their wages, the Government continued to hide behind a wall of silence and refused to apply the Convention. The tragic events had divided Libyan and migrant workers from Chad, Ghana, Guinea, Niger and Nigeria working in the petroleum industry. However, these circumstances should not mask that necessary measures had not been taken to integrate Convention No. 95 into the legal framework in order to solve this painful issue. Despite 25 years of comments, the legislation seemed immutable. Moreover, independent trade unions were prohibited and workers could only become members of a federation that was controlled by the Government and administrated by the People's committees. Foreign workers, important in number, were unable to create or become members of a trade union. The list of the Government's commitments that had remained unfulfilled was long. It should adopt an action plan, including the reimbursement of sums owed to the deported workers. The current situation in the country was such that migrant workers did not profit from any protection against discrimination to which they were regularly subjected.

The Government member of Morocco, referring to the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, stressed the importance of the protection of migrant workers' wages for the international community. He predicted that migration flows would increase as a result of the economic and social changes brought about by globalization and emphasized the need for the international community to mobilize all forces for the purpose of ensuring humane and decent treatment for migrant workers. It could be inferred from the Government's response that the problem did not concern migrant workers legally residing in the country but rather illegal workers, many of whom caused trouble in the country. The repatriation of these illegal workers had always been carried out in coordination with the authorities of their respective country of origin. The speaker favoured a solution based on dialogue between the workers and the Government on how best to protect the rights of these workers and guarantee the payment of owed wages. He supported the Government's initiative to introduce a new Labour Code and welcomed the Libyan Arab Jamahiriya's readiness to amend national legislation with a view to tackling the issue at hand and keeping with international labour standards.

The Government member of Egypt recalled that the issue of migrant labour was being debated by the international community, especially in view of the harmful social consequences of globalization. She thanked to the Government representative for his statement, in which he had reiterated his country's willingness to meet the entitlements of anyone who submitted the necessary legal documents to substantiate his claim. She noted that the Government had adopted the necessary policies to guarantee the entry, departure and employment of African citizens in a manner that fulfilled their fundamental rights at work and provided them with decent jobs. She expressed her confidence that the Libyan Arab Jamahiriya would fulfil its commitments by formulating legislation to address the situation of illegal workers and by concluding agreements with labour-supplying countries so as to develop the necessary procedures for legal migration. Finally, she welcomed the efforts made by the Government to provide decent work for all migrant workers.

The Worker member of Guinea indicated that the Libyan dream had done much damage to Africa, in particular to the workers of Guinea. The economic and social crisis, which was seriously affecting the workers of the continent, had incited them including some youths, to migrate to the Libyan Arab Jamahiriya, attracted by very high wages and better working conditions. It was difficult to resist wages ranging between US$10,000 and US$20,000, when the average annual wage in Guinea was about US$600 and the infrastructure, such as water, electricity and hospitals, was not sufficiently developed, or even completely lacking.

She referred to four examples of Guinean workers who had left the country to work in the Libyan Arab Jamahiriya. Mr. Abdourahmane Balde, from Koloma, a young man of 30 years of age, still unemployed six years after having finished the university and who was engaged to a young woman, had left Guinea for Libyan Arab Jamahiriya where he had worked for two years before being deported without having received his wages. Having returned to Guinea, he was unable to honour his engagement, a degrading attitude from a cultural point of view in Africa. Moreover, in order to pay his debts, his mother had to sell her cattle, the only possessions she had. Since then, he had pressed the Ministries of Justice and Foreign Affairs seeking justice. Another example was Mr. El Hadj Diouldé Barry, a merchant, married and father of eight children, resident in Mamou, who had left Guinea for the Libyan Arab Jamahiriya. After more than four years working there, he had also been deported without his wages. After he returned to Guinea, he had lost his social status. A further example, Mr. Mamoudou Toure, a teacher and public servant for over 15 years, had sold his house, car and mortgaged his spouse's dowry and had left, against the advice of his spouse, to go to the Libyan Arab Jamahiriya, in the certainty of making fortune. After four years of work, he had also been expelled without payment. Furthermore, Mr. Kerfalla Bangoura came back to Guinea without money, sick and indebted after four years of ill-treatment.

The violation of the provisions of Convention No. 95 by the Libyan Arab Jamahiriya had destroyed families who had only wished to work and be paid so that they could come back to their country and meet their primary needs, such as eating, living, having medical treatment, bringing up their children and building a family. In addition to these material hardships, these workers had been humiliated. She concluded by calling on the Government to provide the Committee of Experts with information on the measures taken to apply the Convention.

The Government member of Sudan expressed appreciation of the positive and clear statement made by the Government representative, in which he indicated his country's willingness to fully respect the rights of any person from any country. He therefore expected that the Government would, in the very near future, take concrete and practical measures so that all the persons concerned could obtain their rights. The position of the Libyan Arab Jamahiriya demonstrated its willingness to collaborate with the ILO and the social partners in order to resolve pending issues to the satisfaction of all the parties concerned, thereby fulfilling all of its obligations under ILO Conventions. He concluded that this positive attitude should be supported and encouraged by the ILO.

The Government representative expressed thanks to all the speakers for their observations, whether they were positive or critical, provided that they were based on correct information. However, he stated that he would not comment on certain allegations made, as they were legally unfounded. He indicated that it would be useful to comment on the points raised by some speakers. With respect to Palestinian workers in the Libyan Arab Jamahiriya, he called on those making the allegations to provide one concrete example to demonstrate the truth of the allegations made. He indicated that Palestinian workers enjoyed the same rights as Libyan citizens in relation to education, health, freedom of assembly and the freedom to take decisions within the people's committees. Every worker had the right to a wage in accordance with Libyan laws, which specified that no work would be authorized without remuneration and which prohibited discrimination. He emphasized that Libyan laws went beyond the provisions contained in Convention No. 95 and that they did not authorize discrimination based on work or gender. He questioned the need for further statistical information, but added that his country would be ready to provide statistics on workers convicted for fighting in the streets. As for workers who had been repatriated, and who had not been involved in the street fights, he stated that this had been done at their request and that his country had paid the cost of their repatriation, after consultations with the employers involved. He indicated that he had documents to substantiate his statement, adding that the Libyan Arab Jamahiriya was regarded as a paradise for workers from certain neighbouring countries. However, he added that illegal migrants who were apprehended at sea, and who were using his country as a stage to reach other countries, such as France or Malta, were repatriated as they were using his country as a mere stopping place on the way to another destination. He therefore called on speakers to be precise in the information that they provided. His country was fully prepared to take positive measures and meet its obligations arising out of Convention No. 95. He expressed pride in his country's legislation, which at times went beyond the provisions of the Convention, as discrimination between domestic work and other types of work was prohibited. He stated that the Libyan Labour Code, adopted in 1970, which had been formulated with ILO assistance, covered the points raised during the discussion. He was ready to provide translated copies of it upon request. He affirmed that there was no discrimination in his country between agricultural workers and workers employed in warehouses, and that everyone was treated in a respectful manner.

Regarding the comment made in relation to the recent amendment of the Libyan Labour Code, he explained the process of amendment, during which the proposed changes were discussed by the social partners and by all citizens in the local people's committees and the General People's Congress. He added that the amendment of the law on industrial relations was all the more important at the present time in view of new trends, such as globalization, developments in labour relations and telecommunications, as well as his country's application to join the WTO. He recalled that the new Code had been submitted and discussed by the local people's committees in 2002 and again in 2005. He hoped that the new version of the Labour Code could be finalized with the ILO and would be a model for all countries. He denied any accusation that his country acted in a manner contrary to the law and stated that the allegations related to individuals who had infiltrated into his country from the sea. Any problems that had occurred with the countries concerned had been settled many years ago. Referring to the incident in question, he said that he did not wish to comment on the killings. He explained that, as a Bedouin society, his country could not accept acts of aggression against the property and lives of its people. In view of the situation, protection had been provided to the foreign nationals concerned. He thanked all the speakers for their comments, although he rejected any unfounded allegations. He recalled that wages in his country were very good in comparison to those paid in many neighbouring countries. Finally, he expressed interest in requesting ILO technical assistance on the matters under discussion.

The Employer members called on the Government to provide more information on the application of Articles 2, 4, 7, 8 and 12 of the Convention so that the Committee of Experts could have a clear understanding of the situation and conduct a complete examination. The Government had indicated that it was willing to supply this information, which was a positive sign. They said that the most important issue was the application in practice of Article 12 of the Convention in view of the need to guarantee the payment of wages that were due upon the termination of the employment relationship of migrant workers. Such debts had to be settled in the country in which the services had been provided and where the wages were to be paid. They noted that the Government had indicated that it needed ILO technical assistance to improve the situation. The Employer members trusted that such assistance would make it possible to identity the workers concerned by the wage arrears and that a solution could be found for their payment.

The Worker members supported the statements made by the Employer members and expressed their dissatisfaction with the information supplied by the Government representative in reply to the observations of the Committee of Experts, particularly in relation to the absence of statistics, which did not facilitate the examination of the case. In order to resolve the problems in the application of the Convention as rapidly as possible, it was important for the Government to cooperate with the ILO and request its technical assistance. Finally, the Worker members urged the Government to supply to the Committee of Experts information on the progress made as well as on the amendments made to the legislation.

The Committee took note of the information provided by the Government representative and the ensuing discussion. The Committee observed that this case related, first, to the alleged deportation over the past ten years of large numbers of foreign workers, mainly sub-Saharan migrant workers, without receiving payment for their entitlements and, secondly, to the implementation, in law and practice, of certain provisions of the Convention on which the Committee of Experts had been commenting for a number of years.

The Committee recalled that the Convention applied to all persons to whom wages were paid or payable, irrespective of the existence of a valid employment permit or formal contract. It also recalled that, under Article 12 of the Convention, settling swiftly and in full all outstanding payments upon the termination of a contract of employment was as important as the regular payment of wages during the employment relationship. Accordingly, the Government was responsible for establishing whether any amounts were due to the workers concerned and ensuring that any existing wage debts were fully paid, regardless of the reasons that had prompted the deportation of foreign workers considered to be illegal immigrants.

Referring to its conclusions at the 1996 discussion of the same case, the Committee hoped that the Government would take all necessary action to ensure that adequate protection was afforded to workers, whether nationals or foreign, with or without valid work permits, in respect of the payment of wages for work already performed. It also hoped that steps would be taken without further delay to give full effect to Article 2 (coverage of agricultural workers), Article 4 (conditions for payment of wages in kind), Article 7 (regulation of works stores), and Article 8 (limits to permissible wage deductions) of the Convention. Finally, the Committee welcomed the Government's request for technical assistance from the Office with a view to bringing its labour legislation into full conformity with the requirements of the Convention.

Individual Case (CAS) - Discussion: 1996, Publication: 83rd ILC session (1996)

A Government representative, referring to the allegations made by the Palestinian Trade Union Federation and the ICFTU that hundreds and even thousands of Palestinian workers had been driven out of Libya without receiving any payment for their entitlements, expressed his surprise that this issue was raised by the Committee of Experts, especially since the Government had explained in a detailed letter, dated 29 October 1995, sent to the ILO Director-General that these allegations were distorting the realities in the Libyan Arab Jamahiriya concerning how foreign workers were organized, and hoped that the concerned departments of the ILO would not be affected by these campaigns. First of all, not even a single Palestinian had been driven out of the country against their wishes. Secondly, more than 95 per cent of Palestinian workers living in the Libyan Arab Jamahiriya worked in the public sector and held fixed-term contracts and work permits. In the above-mentioned letter it was stated that all the entitlements of Palestinians working with employment permits and formal contracts had been respected at the expiry of their contract, including the entitlements arising both from employment and from social security. Thirdly, the remaining 5 per cent of Palestinian workers worked in partnerships or on a private basis and in most cases these workers did not hold employment permits or labour contracts. The Government did not have accurate information as to that category of workers, but the employment agencies of the Public Office for the Labour Force had not received any complaints to this date concerning the entitlements of a Palestinian worker. Fourthly, during the month of March this year a meeting was held in Tripoli, in parallel with the Council of the ICFTU for the Arab Trade Unions, gathering the Palestinian Trade Union Federation, the General Federation of the Producers Trade Unions and the International Confederation of Arab Trade Unions. It was agreed at that meeting to look into the claims of Palestinian workers and to settle them in a fraternal, amicable way and on a bilateral basis between the two federations and under the auspices of the International Confederation of Arab Trade Unions.

The speaker emphasized that what was contained in the report of the Committee of Experts was harmful to his country and was but an extension of the nasty information campaigns directed against it. He declared that his country had settled all the entitlements of the Palestinian workers working in the public sector and the public companies whose contracts had expired. It was also ready to settle the entitlements of any worker who could prove that he had not received payment for these entitlements. As to the Palestinian workers working on a private basis and in partnerships who claimed that they had financial entitlements, his Government was also ready to take all the necessary measures to solve this problem, provided it was given all the information on these entitlements, the places of work and the names of the persons concerned.

The Workers' members stressed that this was a very straightforward case, though none the less serious for those who had been affected. Referring to the relevant provisions of Convention No. 95, she indicated that the case presented by the Committee of Experts had been set out on the basis of observations from the Palestinian Trade Union Federation and the International Confederation of Free Trade Unions, and endorsed on the evidence provided by the Workers' members indicating that there were indeed a significant number of Palestinian workers who were required to leave the Libyan Arab Jamahiriya at short notice and who had not received payment of all the entitlements due to them. Regardless of their status in the Libyan Arab Jamahiriya, they had done work or rendered services for which, in the terms of the Convention, wages were indeed payable. The concern that the Committee of Experts and the Workers' group had was that until today, and that was borne out, in fact, by the letter that the Government representative had quoted, the Government had acknowledged only Palestinians working with employment permits and formal contracts.

This case, like some others that had been before this Committee, raised the issue about the vulnerability of migrant workers. In this case, they had suffered displacement and loss of wages not as a result of any acts or omissions on their part, but because of a political decision by the Government of the Libyan Arab Jamahiriya. In the similar case dealt with by this Committee in 1992 concerning Iraq, the Committee found unequivocally that under the provisions of the Convention, foreign workers should not be the victims of political difficulties in the region between the Government and other countries and it therefore urged the Government to revise its position on this point. By the same token, in this case the Committee should welcome the Government's willingness to attempt to remedy the situation, as indeed there might well be difficulties that had not been dealt with, particularly with regard to employees who did not hold employment permits and formal contracts. The Committee should perhaps note this offer positively and request that the Committee of Experts be supplied with further information on the final and full settlement of wages and other entitlements of these workers.

The Employers' members stated that this case was not about whether it was right to expel Palestinian workers from the country or not, or whether they needed work permits or not. Convention No. 95 focused on the principle that those people who had worked for a particular employer had the right to a wage or salary and that this right must be defended. The Government representative, fortunately, had said quite clearly that the Libyan Arab Jamahiriya did not want to leave this case as it stood at the present time. His Government felt that it had done away with all the problems with respect to those people who were working in the public sector. However, he spoke also about another category of workers who would receive their unpaid wages if they could prove that they had not done so. The Government representative doubted that such proof could be provided and that such a situation could be proven to exist. He also indicated that in the private sector, if there were unpaid wages, the Government would make sure that such debts would be paid. The Committee should take note of the fact that the Government representative assured, quite explicitly, that if there were still outstanding cases, the Government wished to make sure that these matters were cleared up. The Committee should then request a report of this nature which would contain all the necessary facts so that, if necessary, it could examine that at a later stage, or at least the Experts would be able to examine whether the Libyan Arab Jamahiriya was actually fulfilling its obligations.

The Workers' member of Turkey regretted that the Palestinian workers had been deprived of the privileged status they once enjoyed in Libya and were obliged to leave the country. The Government had indicated that those Palestinian workers who had enjoyed an employment permit and a formal contract had received their dues and left. There was no mention of the less skilled, of the casually employed, of those in the most desperate situation. The Palestinian people had suffered enough. Their wounds were to be healed by the peace process. The speaker urged the Government to respect the rights of the Palestinian workers who had not only taken refuge but who also had contributed a lot to the development process in Libya.

The Workers' member of Togo expressed his preoccupation, common to all Workers' members, in the face of the questions concerning such fundamental standards as Convention No. 95. From the report of the Committee of Experts, it appeared that hundreds and even thousands of Palestinian workers had recently left Libya without receiving the wages that were due to them, in breach of the provisions of Convention No. 95 and, in particular, of its Article 12, paragraph 2, concerning the final settlement of the entitlement to full wages. In reading the Experts' report, there seemed to be some confusion caused by the Government's reports and linked to misunderstanding concerning the regulations on the registration and control of residence of foreign workers, the expulsion of clandestine immigrants and the measures applied to Palestinian nationals, who were henceforth subjected to the same limitations as other foreign workers. This case concerned thousands of Palestinians whose situation was irregular; however, they simply carried out their work under contracts. One could compare this case to the one concerning Mauritanians examined last year by the Committee. As in this last case, ILO assistance could be requested, coupled with the goodwill of the Government to reinstate Palestinian workers in their most elementary rights guaranteed by Convention No. 95, which had been ratified by the Libyan Arab Jamahiriya some 34 years ago.

The Workers' member of Greece made the general comment that Convention No. 95 applied also to migrant workers. In Western Europe, there were about 20 million migrant workers and the European trade union movement had always fought for equal treatment in their respect. This fight continued on various points, but a number of questions had been resolved, and, in the first place, those concerning equality in wages. When immigrants returned to their country of origin, trade unions often initiated actions before labour tribunals to obtain not only the settlement of unpaid wages but also their coverage in social security matters. The speaker duly noted the declaration made by the Government representative and considered it to be encouraging. It concerned Palestinian workers, but he hoped that this declaration extended to all workers, irrespective of their nationality - including stateless persons - their race or their religion.

The Workers' member of the Libyan Arab Jamahiriya, speaking on behalf of the General Federation of the Trade Unions of Producers in the Libyan Arab Jamahiriya, stated that in the context of the efforts made to allow the Palestinian workers residing in the Libyan Arab Jamahiriya to return to Palestine, a meeting had been held, parallel to the Central Council of the International Confederation of Arab Trade Unions, in Tripoli in March 1996. This meeting included representatives of the General Federation of Palestinian Workers, the Federation of Producers in the Jamahiriya, and the International Confederation of Arab Trade Unions. During this meeting the case of Palestinian workers was settled on a cordial and bilateral basis under the auspices of the International Confederation of Arab Trade Unions. It had been agreed not to raise this issue before the ILO. It had also been agreed that the General Federation of Palestinian Workers would refer all claims which required consideration for the settlement of entitlements to the Federation of Producers in the Jamahiriya which would examine each claim and work on settling them. During this 83rd Session of the Conference, the two sides, the General Federation of Producers in the Jamahiriya and the General Federation of Palestinian Workers, had held a meeting in Geneva a few days ago in which it was confirmed that the agreements reached in Tripoli were to apply. The Libyan Federation had invited the Palestinian trade union to visit the Libyan Arab Jamahiriya with a larger delegation in order to pursue brotherly talks. That was why there was no need to raise this issue as long as the two sides had come to an agreement on a cordial basis.

The Government representative of the Libyan Arab Jamahiriya reiterated that what had happened with the Palestinian workers in the Libyan Arab Jamahiriya was not due to a political decision, but occurred due to the restructuring of the Libyan labour market and the economy in a state of deficit caused by the unjust embargo that was imposed on it and which had affected all economic and social plans. The Palestinian brothers in the Libyan Arab Jamahiriya used to have the privileges of the nationals. Among these privileges were occupations which were restricted to nationals. Today the country had qualified Libyans who could occupy the jobs available in the Libyan economy; therefore it was natural to give priority to Libyans in these jobs in order to preserve Libyan society and the rights of Libyan nationals. If the Palestinians left the Libyan Arab Jamahiriya, it was because they wanted to. Ninety-five per cent of the Palestinian workers were organized and the vast majority worked with employment permits and formal labour contracts and did not have a problem in obtaining their rights. As for the remaining 5 per cent who worked in an unorganized way, the Government had not received any single claim from a Palestinian worker asking for an entitlement that was not paid to him. The Government was ready to treat Palestinians as equal in their rights to Libyan nationals and to settle their entitlements, if it was proven that there were such entitlements outstanding.

The Workers' members looked forward to the report that the Committee of Experts would receive from the Government of the Libyan Arab Jamahiriya on the final settlement of wages for those workers other than the group covered by employment permits and formal contracts. She hoped that this report would resolve some of the confusion which surrounded this case.

The Committee took note of the information provided by the Government representative and of the discussion which took place. The Committee took due note of the will expressed by the Government to settle all the cases which have not yet been settled. It hoped that the Government would shortly provide detailed information to the Committee of Experts concerning the final settlement of the wages of all the workers concerned and on the implementation, in law and in practice, of the pertinent provisions of the Convention. The Committee sincerely hoped to be able to observe specific progress in the very near future.

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

Legislative developments. The Committee notes the Government’s indication in reports related to other Conventions that the Ministry of Labour and Rehabilitation has prepared a new bill updating Law No. 12 of 2010 on labour relations and that this draft law has not yet been promulgated. Hoping that in the framework of the legislation reform, its comments will be considered and the requirements of the Convention will be fully met, the Committee requests the Government to continue to provide information on the developments in its labour law reform, including by providing a copy of any amendments to labour legislation regulating wage protection issues, once adopted.

Articles 3, 4(1), 6 and 7 of the Convention. Payment of wages in legal tender and prohibition of payment in the form of promissory notes, vouchers or coupons. Partial payment of wages in kind. Freedom of workers to dispose of wages. Work stores. Noting that the Law No. 12 of 2010 on labour relations does not contain provisions giving effect to these Articles of the Convention, the Committee requests the Government to indicate how it is ensured that: (i) wages payable in money are paid only in legal tender and that the payment of wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender is prohibited (Article 3); (ii) in cases in which payment of wages in the form of allowances in kind is authorised, such allowances are only partially allowed and do not reach the full amount of wages (Article 4(1)); (iii) employers are prohibited from limiting in any manner the freedom of workers to dispose of their wages (Article 6); and (iv) workers are free from any coercion to make use of work stores or services and, that when they use them, the goods are sold and services are provided at fair and reasonable prices; or such stores are operated for the benefit of the workers concerned (Article 7).

Observation (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 wages, the Committee considers it appropriate to examine Conventions Nos 131 (minimum wage) and 95 (protection of wages) together.

Minimum wage

Article 4 of Convention No. 131. Minimum wage-fixing machinery. The Committee notes that in reply to its previous comment, the Government indicates in its report that the Consultative Council for Wages to be appointed under section 19 of the Labour Relation Act (No. 12 of 2010) has not yet been established but that a committee on wages has been established to prepare a draft law on wages. Recalling that minimum wages were last adjusted in the country in 2011, the Committee urges the Government to take all necessary measures to ensure that full consultation with the employers’ and workers’ representatives is held in connection with the fixing and adjustment of the minimum wage level, and to provide information in this regard. The Committee also requests the Government to provide information on: (i) the composition, functioning and work of the committee on wages; and (ii) the progress made in the adoption of any draft law on wages.

Protection of wages

Article 12 of Convention No. 95. Regular payment of wages and final settlement of wages due. Further to its previous comments, the Committee notes the Government’s indication in its report that a wages release committee has been established within the Ministry of Civil Service Affairs to address the challenges that prevent the payment of wages by ailing firms and foreign companies that have withdrawn from the country. Moreover, the Committee notes that the Government does not communicate information on the implementation of Decision No. 20/2007, concerning the organization, import and employment of foreign labour, and Decision No. 56/2006, concerning the establishment of a multi-stakeholder committee to examine wage claims of migrant workers who had been expelled from the country as illegal immigrants. The Committee requests the Government to take the necessary measures to ensure that any situation of wage arrears or other difficulties experienced in the payment of wages to workers, including migrant and public sector workers, are effectively addressed, and to provide information in this regard. It also requests the Government to provide information on the mandate, composition and functioning of the wages release committee and on the implementation of Decisions Nos 20/2007 and 56/2006.

The Committee is raising other matters in a request addressed directly to the Government.

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage) and Convention No. 95 (protection of wages) together.

Minimum wage

Articles 3 and 4 of Convention No. 131. Elements taken into consideration in determining the level of the minimum wage. Minimum wage-fixing machinery. Further to its previous comments on the operation of the minimum wage fixing machinery following the adoption of the Labour Relations Act in 2010, the Committee notes that the Government’s report only refers to the relevant provisions of the Act without providing information on their implementation in practice. The Committee therefore requests the Government to provide information on the establishment, mandate, composition and functioning of the Consultative Council for Wages established pursuant to section 19 of the Labour Relations Act, including on any decisions adopted further to its work.

Protection of wages

Article 12 of Convention No. 95. Regular payment of wages and final settlement of wages due. The Committee notes that the Government has not replied to its request for information on the implementation of Decision No. 20/2007, concerning the organization, import and employment of foreign labour, and Decision No. 56/2006, on the establishment of a multi-stakeholder committee to examine wage claims of migrant workers who had been expelled from the country as illegal immigrants, as well as on other measures taken with regard to the protection of all persons to whom wages are paid or payable. Moreover, the Committee notes that in December 2018, the United Nations Support Mission in Libya and the Office of the United Nations High Commissioner for Human Rights jointly released a report on the human rights situation of migrants and refugees in Libya, which noted that migrants and refugees were frequently exploited by unscrupulous employers who refused to pay their wages, knowing that in practice they had no recourse to justice, and that migrants and refugees engaged in daily work and other manual labour were vulnerable to being unpaid after completing their tasks or receiving less wages than the agreed upon sums. The Committee requests the Government to provide information on any situation of wage arrears or other difficulties experienced in the timely or full payment of wages to workers, including migrant workers, as well as on any measures taken or decisions adopted to address such situation, including on the implementation of decisions Nos 20/2007 and 56/2006.

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

Article 16 of the Convention. Implementing legislation. The Committee understands that a new draft Labour Code is currently under preparation with ILO technical assistance. In this respect, the Committee notes that Chapter 2 of the draft Labour Code, in particular draft sections 70 to 78 on remuneration seem to be in line with the main requirements of the Convention. The Committee requests the Government to keep the Office informed of progress made with regard to the adoption of the new Labour Code.

In addition, the Committee recalls its previous comments – made in relation to the massive expulsion of foreign undocumented workers and the alleged non payment of wages owed to those workers – in which it noted the adoption of Decision No. 20/2007 of the People’s Committee for Manpower, Training and Employment concerning the organization, import and employment of foreign labour and Decision No. 56/2006 of the Council of Ministers on the establishment of a multi-stakeholder committee to examine wage claims of foreign workers who had been expelled from the country as illegal immigrants. The Committee requests the Government to provide up-to-date information on the implementation of these decisions or any other measures taken to ensure that all persons to whom wages are paid or payable enjoy the protection of this Convention.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Repetition

The Committee recalls its previous observations concerning the recurrent incidents surrounding the massive expulsion of foreign undocumented workers and the alleged non-payment of wages owed to those workers. The Committee notes the Government’s report as well as the report of the technical assistance mission to the Libyan Arab Jamahiriya undertaken by the Office in July 2007. The five-day mission was scheduled as a follow-up to the discussion that took place in the Conference Committee on the Application of Standards in June 2006. The purpose of the technical assistance mission was principally to assess the current situation with respect to the treatment of irregular foreign workers in the light of the requirements of Conventions Nos 95 and 111, and to obtain information on any concrete measures the Government might have taken in this regard. The mission was also to address broader issues concerning the application of ratified Conventions in the light of the Committee’s pending comments and to evaluate the need for technical assistance in order to formulate initial proposals for targeted initiatives.

Having duly examined the Office report, the Committee is satisfied that a series of open and constructive discussions with government officials, public institutions and employers’ and workers’ organizations – characterized by a high level of cooperation on the part of the Libyan authorities – permitted the clarification of a number of issues and a direct dialogue on certain recent legislative developments affecting the application of Convention No. 95. The Committee notes, in particular, the adoption of a ministerial decision for the regularization of foreign workers and the contractual arrangements put in place to prevent the recurrence of past incidents as well as the establishment of a multi-ministerial committee with the participation of the workers’ organization to resolve any claims illegal immigrants might have before deportation orders can be issued.

More concretely, the Committee notes that according to Decision No. 20/2007 of the General People’s Committee for Manpower, Training and Employment on some provisions concerning the organization, import and employment of foreign labour, anyone wishing to enter the country for work would hereafter be obliged to conclude an employment contract in advance and have that contract endorsed by the Libyan authorities in the country of origin whilst all foreign workers currently present in the country would have until 31 July 2007 to regularize their situation by undergoing a medical examination and obtaining a valid employment contract. Moreover, by Decision No. 56/2006 of the Council of Ministers, a multi-stakeholder committee – composed of members of the security forces, immigration services, consular services, the Ministries of Manpower and Foreign Affairs and also workers’ representatives – was set up with a view to examining any claims irregular foreign workers might have before being expelled from the country. According to the new arrangement, undocumented foreign workers who have wage-related claims could not be expelled until such claims are reviewed and they sign a document certifying that all outstanding payments have been settled. The Committee welcomes these developments and will be interested to learn of their effectiveness in preventing the recurrence of events such as those which occurred in three distinct periods in the past. It recalls, in this connection, that Convention No. 95 covers regular and irregular workers alike in so far as the payment of wages on time and in full is concerned, and therefore matters such as immigration policy or administrative measures against clandestine workers should not impact on its application. The Committee therefore requests the Government to provide detailed information, including all available statistics, on the practical implementation of the new measures concerning the regularization of foreign workers and the setting up of the standing committee to review claims of irregular workers facing expulsion.

In addition, the Committee notes that according to the information provided by the Government in its last report, the total number of workers from neighbouring countries who have been deported so far is 9,424 while the amount of US$1.88 million has been paid to them in the form of pocket money before their departure. As it is not clear to which period the above statistical information refers, the Committee would be grateful if the Government would provide additional explanations in this respect.

As regards the application of Articles 2, 4, 7 and 8 of the Convention, the Committee notes the explanations given by the Government to the technical assistance mission concerning the provisions of existing legislation and the commitment to amend the relevant provisions of the Labour Code concerning the coverage of agricultural workers and the setting of an overall limit to the permissible amount of payment in kind. In this respect, the Committee understands that a copy of the draft Labour Relations Act in its current reading has been submitted to the Office for technical comments. It also understands that the new draft legislation, which is now before the General People’s Congress for review, is a consolidated text composed of three parts, one on the employment relationship and labour conditions, one on the public service, and one on industrial relations. The Committee asks the Government to keep the Office informed of any developments regarding the finalization and adoption of the new Labour Relations Act, in particular, any legislative changes following up on the recommendations of the ILO technical assistance mission.

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

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee recalls its previous observations concerning the recurrent incidents surrounding the massive expulsion of foreign undocumented workers and the alleged non-payment of wages owed to those workers. The Committee notes the Government’s report as well as the report of the technical assistance mission to the Libyan Arab Jamahiriya undertaken by the Office in July 2007. The five-day mission was scheduled as a follow-up to the discussion that took place in the Conference Committee on the Application of Standards in June 2006. The purpose of the technical assistance mission was principally to assess the current situation with respect to the treatment of irregular foreign workers in the light of the requirements of Conventions Nos 95 and 111, and to obtain information on any concrete measures the Government might have taken in this regard. The mission was also to address broader issues concerning the application of ratified Conventions in the light of the Committee’s pending comments and to evaluate the need for technical assistance in order to formulate initial proposals for targeted initiatives.

Having duly examined the Office report, the Committee is satisfied that a series of open and constructive discussions with government officials, public institutions and employers’ and workers’ organizations – characterized by a high level of cooperation on the part of the Libyan authorities – permitted the clarification of a number of issues and a direct dialogue on certain recent legislative developments affecting the application of Convention No. 95. The Committee notes with interest, in particular, the adoption of a Ministerial decision for the regularization of foreign workers and the contractual arrangements put in place to prevent the recurrence of past incidents as well as the establishment of a multi-ministerial committee with the participation of the workers’ organization to resolve any claims illegal immigrants might have before deportation orders can be issued.

More concretely, the Committee notes that according to Decision No. 20/2007 of the General People’s Committee for Manpower, Training and Employment on some provisions concerning the organization, import and employment of foreign labour, anyone wishing to enter the country for work would hereafter be obliged to conclude an employment contract in advance and have that contract endorsed by the Libyan authorities in the country of origin whilst all foreign workers currently present in the country would have until 31 July 2007 to regularize their situation by undergoing a medical examination and obtaining a valid employment contract. Moreover, by Decision No. 56/2006 of the Council of Ministers, a multi-stakeholder committee – composed of members of the security forces, immigration services, consular services, the Ministries of Manpower and Foreign Affairs and also workers’ representatives – was set up with a view to examining any claims irregular foreign workers might have before being expelled from the country. According to the new arrangement, undocumented foreign workers who have wage-related claims could not be expelled until such claims are reviewed and they sign a document certifying that all outstanding payments have been settled. The Committee welcomes these developments and will be interested to learn of their effectiveness in preventing the recurrence of events such as those which occurred in three distinct periods in the past. It recalls, in this connection, that Convention No. 95 covers regular and irregular workers alike in so far as the payment of wages on time and in full is concerned, and therefore matters such as immigration policy or administrative measures against clandestine workers should not impact on its application. The Committee therefore requests the Government to provide detailed information, including all available statistics, on the practical implementation of the new measures concerning the regularization of foreign workers and the setting up of the standing committee to review claims of irregular workers facing expulsion.

In addition, the Committee notes that according to the information provided by the Government in its last report, the total number of workers from neighbouring countries who have been deported so far is 9,424 while the amount of US$1.88 million has been paid to them in the form of pocket money before their departure. As it is not clear to which period the above statistical information refers, the Committee would be grateful if the Government would provide additional explanations in this respect.

As regards the application of Articles 2, 4, 7 and 8 of the Convention, the Committee notes the explanations given by the Government to the technical assistance mission concerning the provisions of existing legislation and the commitment to amend the relevant provisions of the Labour Code concerning the coverage of agricultural workers and the setting of an overall limit to the permissible amount of payment in kind. In this respect, the Committee understands that a copy of the draft Labour Relations Act in its current reading has been submitted to the Office for technical comments. It also understands that the new draft legislation, which is now before the General People’s Congress for review, is a consolidated text composed of three parts, one on the employment relationship and labour conditions, one on the public service, and one on industrial relations. The Committee asks the Government to keep it informed of any developments regarding the finalization and adoption of the new Labour Relations Act, in particular, any legislative changes following up on the recommendations of the ILO technical assistance mission.

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

The Committee notes the discussion that took place in the Committee on the Application of Standards at the 95th Session of the International Labour Conference (June 2006). It notes, in particular, the Government’s explanations regarding the incidents that led to the expulsion of illegal immigrants – a phenomenon on the rise since migrant workers are increasingly transiting through Libyan territory in order to reach European countries. It also notes that the Government flatly denies all allegations about unpaid wages owed to expelled workers considering such claims to be unfounded and undocumented. It also notes the Government’s reference to the ongoing process of amending the labour legislation and its readiness to receive technical assistance from the Office in order to facilitate the full application of ratified ILO Conventions. The Committee understands that a technical assistance mission is being planned in consultation with the Government to follow up on the conclusions of the Conference Committee.

In its last report, the Government reiterates the view that no worker with valid residence or work permit has ever been repatriated but only workers whose status was illegal have been repatriated in coordination with the authorities of their home countries and at the cost of the Libyan Government. The Government states that, as an expression of its goodwill, it stands ready to receive any claim for wages due from any individual, either directly or through a trade union in the worker’s country, regardless of the manner in which the worker might have entered the Libyan Arab Jamahiriya and also regardless of whether he might have obtained or not a formal residence and work permit.

While noting the Government’s explanations, the Committee is bound to recall that all persons to whom wages are paid or payable, including clandestine migrant workers, should enjoy the protection of the Convention and therefore no matter the legal formalities for the deportation of illegal immigrants, any outstanding wage debts for work already performed or services already rendered should be fully honoured. The Committee asks the Government to keep it informed of any further development, especially claims for unpaid wages owed to foreign workers. The Committee would be grateful to be informed of the manner by which foreign workers have been or will be advised that they may recover wages due to them and to be provided with information in respect of any claims that may have received from undocumented foreign workers, or trade unions acting on their behalf, for wages unpaid at the time those workers were deported from the Libyan Arab Jamahiriya. 

As regards the application of Articles 2, 4, 7 and 8 of the Convention, the Committee notes that for some of these provisions the Government refers once more to a new draft labour code which is expected to bring the national legislation into closer conformity with the requirements of the Convention, while for some others it reproduces information which has already been examined and commented upon by the Committee on numerous occasions. The Committee expresses the hope that the Government will avail itself of the forthcoming technical assistance mission of the International Labour Office with a view to clarifying any persistent doubts on the scope and content of the Convention and finally giving full effect to its provisions. The Committee asks the Government to provide full particulars on the measures taken or envisaged following the technical assistance received from the Office with a view to better implementing the Convention. It also asks the Government to forward a copy of the draft labour code in its current form and to keep it informed of any progress made regarding its adoption.

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

Further to its previous observations, the Committee regrets that the Government is still not in a position to provide concrete information, as requested, concerning the alleged non-payment of wages to thousands of foreign workers who have been expelled from the country in recent years. The Government confines itself to asserting that no regular migrant workers have been forced to leave the country whereas migrants in irregular status have been deported in coordination with the embassies of their home countries. Despite the Committee’s persistent requests for specific information on the circumstances surrounding the deportation of migrants in irregular status, the number of workers affected, the total amount of any outstanding payments, the Government has shown little interest in communicating detailed particulars on how these situations were handled and what measures were taken to effectively enable the workers concerned to recover all sums due to them.

Under the circumstances, the Committee is obliged to draw the Government’s attention once more to two important obligations arising out of Article 12, paragraph 2, of the Convention; first, the Government is bound to extend the protective coverage of the Convention to all persons to whom wages are paid or payable, irrespective of the existence of a valid employment permit or formal contract. Secondly, the Government bears the overall responsibility for ensuring that wages are paid regularly and in full and that any claims in respect of existing wage debts are promptly settled.

In the interest of maintaining a meaningful dialogue with the supervisory organs of the ILO, the Committee urges the Government to transmit in its next report documented information showing the nature and extent of any problems of deferred payment or non-payment of wages the country may have experienced in the past decade with relation to foreign workers, as well as the measures taken in response and the results obtained.

As regards the Government’s explanations concerning the application of Articles 2, 4, 7 and 8 of the Convention, on which the Committee has been commenting for more than 25 years, the Committee notes with regret that the situation has barely evolved and that the national legislation continues to give little or no effect to the basic requirements of the Convention, such as: (i) the application of the Convention to all persons to whom wages are paid, including agricultural workers; (ii) the strictly partial character of the payment of wages in kind; (iii) the regulation of the operation of works stores for the workers’ benefit; and (iv) the limitation of wage deductions to the extent necessary for the maintenance of the worker and his/her family. The Committee further notes the Government’s indication that the promulgation of the new Labour Code will require some time to allow an in-depth study by all stakeholders and the social partners. The Committee is therefore bound to observe that the Government’s repeated reassurances to the effect that legislative action would be undertaken to ensure strict compliance with the provisions of the Convention have so far remained without any practical result. It therefore strongly insists that the Government take appropriate steps without delay in order to bring its legislation into full conformity with the Convention and recalls that the technical assistance of the Office, if necessary, remains at its disposal.

[The Government is asked to supply full particulars to the Conference at its 95th Session and to reply in detail to the present comments in 2006.]

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

The Committee notes the Government’s succinct report and wishes to draw once again its attention to the following points.

Article 12, paragraph 2, of the Convention. The Committee recalls its previous comments concerning the situation of thousands of sub-Saharan migrant workers who were allegedly expelled from the Libyan Arab Jamahiriya in 2000 without receiving the wages owed to them. These comments were related to some earlier observations concerning the final settlement of wages due to Palestinian workers who had also been forced to leave the country in 1995. In addition, the question of the settlement of wage entitlements of Palestinian workers was discussed by the Conference Committee in June 1996, while in 1985 a representation was filed (which was finally withdrawn in 1991 after an agreement was reached between the parties concerned) under article 24 of the Constitution alleging non-observance of the Convention by the Libyan Arab Jamahiriya following the expulsion of many thousands of workers of Tunisian and Egyptian nationality.

In following these developments, the Committee has been consistently drawing attention to the following principles: (i) the obligation arising out of Article 12, paragraph 2, of the Convention is incumbent upon the employer(s) concerned and therefore the Government may not ask foreign workers to claim from their own governments the unpaid salaries; (ii) the Convention applies to all persons to whom wages are paid or payable, irrespective of the existence of a valid employment permit or formal contract; (iii) regardless of the reasons that may have prompted the deportation of foreign workers considered to be illegal immigrants, the Government is responsible for establishing whether any amounts are due to the workers concerned and ensuring that any existing wage debts are fully paid. As the Committee emphasized in paragraph 398 of its 2003 General Survey on the protection of wages, the principle of the regular payment of wages, as set out in Article 12 of the Convention, finds its full expression not only in the periodicity of wage payments, as may be regulated by national laws and regulations or collective agreements, but also in the complementary obligation to settle swiftly and in full all outstanding payments upon the termination of the contract of employment.

While dismissing the latest allegations as unfounded and grossly exaggerated, the Government confined itself to making conflicting statements. In fact, whereas the Government initially referred to the displacement of African illegal immigrants undertaken in full coordination with their respective home countries, in its last two reports it affirmed that no African or other citizen was forced to leave the country. Moreover, the Government has failed to provide specific information, as requested, concerning the circumstances surrounding the deportation of illegal immigrants, the number of workers affected, the total amount of wage claims settled or any outstanding payments. In light of the preceding observations, the Committee again asks the Government to communicate detailed particulars on the manner in which the situations described above have been handled and the measures taken to enable the workers concerned to recover all sums due to them.

Articles 2, 4, 7 and 8. The Committee recalls that it has been commenting for more than 25 years on the application of the above provisions, particularly as regards: (i) the coverage of agricultural workers by the Labour Code of 1970; (ii) the limits within which wages may be paid in kind; (iii) the conditions of operation of works stores; and (iv) the overall amount of permissible wage deductions. The Committee has indicated that these matters did not appear to be regulated in the terms required by the Convention and has repeatedly asked the Government to consider the adoption of appropriate legislation to give full effect to the relevant Articles of the Convention.

In earlier reports, the Government had referred to a commission set up in 1985 to advise on appropriate action with regard to the Committee’s comments, and subsequently to another national commission entrusted to examine outstanding questions related to International Labour Conventions and Recommendations, but no information was provided on any concrete measures taken following the recommendations of these commissions. In some other reports, the Government had indicated that Act No. 15 of 1981 on wages covered most of the issues raised by the Committee but no copy of that legislation was ever communicated to the Office. More recently, the Government stated that a new Labour and Employment Code was being drafted to remedy the existing shortcomings in legislation but no such text has as yet been adopted. The Committee is obliged to conclude that despite its persistent comments, the Government has been unable to provide any tangible sign of progress in aligning its legislation with the requirements of the Convention. The Committee therefore urges the Government to take at last the necessary action and to supply the long-awaited information respecting the measures taken to ensure strict compliance with the provisions of the Convention.

[The Government is asked to reply in detail to the present comments in 2005.]

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which will be examined together with the reply to its observations. This direct request read as follows:

Article 2 of the Convention. Further to its previous comments, the Committee notes the Government’s reference to section 3 of the new draft Labour and Employment Code according to which the provisions of the Code would apply to all workplaces without exception, including family undertakings, and also to domestic workers. The Committee asks the Government to specify whether the scope of the draft Code would also be extended to agricultural workers. It again requests the Government to report on any progress made towards the adoption of the draft Labour and Employment Code and to transmit a copy of the new legislation as soon as it is adopted.

Article 4(1). In the absence of any concrete response regarding the determination of the proportion of wages which may be paid in kind, the Committee is bound to reiterate its request for information on any measures taken or envisaged to give effect to this Articleof the Convention.

Article 7(2). The Committee notes the information supplied by the Government in its report that producers may obtain commodities and services at cost prices from consumer cooperatives which are to be found at all workplaces provided that they are members of such cooperatives. The Committee asks the Government to provide additional information on those consumer cooperatives and transmit a copy of any legal text regulating their operation.

Article 8. The Committee notes that the Government in its report again refers to sections 34 and 35 of the Labour Code which relate to the attachment or assignment of wages and not to wage deductions. It is therefore obliged to request the Government to specify whether any limit has been set, or is envisaged to be set, on the overall amount of authorized deductions in order to give effect to the requirements of the Convention in this respect.

[The Government is asked to reply in detail to the present comments in 2003.]

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

The Committee notes that the Government’s report does not fully reply to its previous comments. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s report and the explanations given in response to the comments made in October 2000 by the International Confederation of Free Trade Unions (ICFTU) concerning the situation of sub-Saharan migrant workers in Libya.

The Committee recalls that, according to the allegations of the ICFTU, thousands of workers from different African countries have been forced to leave the country without receiving the wages owed to them. In its reply, the Government dismisses the allegation that all Africans have been expelled from the country regardless of their situation and states that there are at present thousands of foreign workers, African and others, with valid work authorizations and residence permits in the country. The Government adds that the displacement of some African illegal immigrants was undertaken in full coordination with their respective home countries and that Libya covered all the costs of their repatriation. Moreover, the Government indicates that no complaint has so far been received from any citizen or trade union organization in connection to those allegations and that it would be ready to hear any such complaint and eventually make full restitution in accordance with national laws applicable in this matter. As regards the violent incidents reported in the communication of the ICFTU, the Government considers the news accounts on those events to be grossly exaggerated and in any event unrelated to labour matters.

The Committee notes this information. It hopes that the Government will take all measures with a view to establishing whether any amounts are due to the workers who were expelled, and eventually settling such outstanding payments. The Committee would appreciate receiving further details on the circumstances surrounding the deportation of the foreign workers considered to be illegal immigrants, in particular the levying of money, if any, by the Libyan immigration authorities. In addition, the Committee requests the Government once again to supply full information on the measures taken to ensure the final settlement of wages for the Palestinian workers, other than those with employment permits and formal contracts, on which the Committee has been commenting for many years.

In addition, a request regarding other points is being addressed directly to the Government.

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

[The Government is asked to reply in detail to the present comments in 2003.]

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

Article 2 of the Convention. Further to its previous comments, the Committee notes the Government’s reference to section 3 of the new draft Labour and Employment Code according to which the provisions of the Code would apply to all workplaces without exception, including family undertakings, and also to domestic workers. The Committee asks the Government to specify whether the scope of the draft Code would also be extended to agricultural workers. It again requests the Government to report on any progress made towards the adoption of the draft Labour and Employment Code and to transmit a copy of the new legislation as soon as it is adopted.

Article 4(1). In the absence of any concrete response regarding the determination of the proportion of wages which may be paid in kind, the Committee is bound to reiterate its request for information on any measures taken or envisaged to give effect to this Articleof the Convention.

Article 7(2). The Committee notes the information supplied by the Government in its report that producers may obtain commodities and services at cost prices from consumer cooperatives which are to be found at all workplaces provided that they are members of such cooperatives. The Committee asks the Government to provide additional information on those consumer cooperatives and transmit a copy of any legal text regulating their operation.

Article 8. The Committee notes that the Government in its report again refers to sections 34 and 35 of the Labour Code which relate to the attachment or assignment of wages and not to wage deductions. It is therefore obliged to request the Government to specify whether any limit has been set, or is envisaged to be set, on the overall amount of authorized deductions in order to give effect to the requirements of the Convention in this respect.

[The Government is asked to report in detail in 2002.]

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

The Committee notes the Government’s report and the explanations given in response to the comments made in October 2000 by the International Confederation of Free Trade Unions (ICFTU) concerning the situation of sub Saharan migrant workers in Libya.

The Committee recalls that, according to the allegations of the ICFTU, thousands of workers from different African countries have been forced to leave the country without receiving the wages owed to them. In its reply, the Government dismisses the allegation that all Africans have been expelled from the country regardless of their situation and states that there are at present thousands of foreign workers, African and others, with valid work authorizations and residence permits in the country. The Government adds that the displacement of some African illegal immigrants was undertaken in full coordination with their respective home countries and that Libya covered all the costs of their repatriation. Moreover, the Government indicates that no complaint has so far been received from any citizen or trade union organization in connection to those allegations and that it would be ready to hear any such complaint and eventually make full restitution in accordance with national laws applicable in this matter. As regards the violent incidents reported in the communication of the ICFTU, the Government considers the news accounts on those events to be grossly exaggerated and in any event unrelated to labour matters.

The Committee notes this information. It hopes that the Government will take all measures with a view to establishing whether any amounts are due to the workers who were expelled, and eventually settling such outstanding payments. The Committee would appreciate receiving further details on the circumstances surrounding the deportation of the foreign workers considered to be illegal immigrants, in particular the levying of money, if any, by the Libyan immigration authorities. In addition, the Committee requests the Government once again to supply full information on the measures taken to ensure the final settlement of wages for the Palestinian workers, other than those with employment permits and formal contracts, on which the Committee has been commenting for many years.

In addition, a request regarding other points is being addressed directly to the Government.

[The Government is asked to report in detail in 2002.]

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

In its previous comments, the Committee noted the information supplied by the Government on the report of the National Commission entrusted to examine the international labour Conventions and Recommendations.

The Committee notes that, according to the Government’s report, the comments it made previously have been examined by the technical commission established to prepare replies to the comments of the Committee of Experts. It notes that measures were adopted to make the necessary amendments to national legislation to bring it into conformity with the provisions of the Convention. The Committee requests the Government to inform it of progress made to this end and reminds it of its comments on the application of certain provisions of the Convention.

Article 2 of the Convention.  The Committee recalls that, according to previous information supplied by the Government, agricultural workers are not covered by the legislation on the protection of wages. The National Commission recommended either amending section 1, paragraph (c), of the Labour Code of 1 May 1970 to extend the scope of the Code to agricultural workers, or the adoption of regulations governing agricultural workers. According to the Government’s latest report, the technical commission affirms that section 3 of the draft Code on Labour and Employment provides for application of its provisions to all persons performing work, including domestic workers. The Committee requests the Government to inform it of any progress made toward the adoption of this draft Labour Code in order to remedy the existing shortcomings in legislation, particularly in regard to workers in the agricultural sector, and to supply a copy of the relevant legislation once it has been adopted.

Article 4, paragraph 1.  The Committee recalls that the National Commission recommended the adoption of a legislative text establishing the proportion of wages that may be paid in kind at 50 per cent and, consequently, either the amendment of section 100 of the Labour Code so as to fix the percentage to be paid by the worker in exchange for the supplies provided by the employer or the adoption of a decision of the Secretary of the People’s General Committee of the Public Service under the abovementioned section 100. According to the Government’s latest report, the technical commission indicates that sections 42 and 43 of the draft Labour Code provide that employers who recruit workers to undertake work in isolated regions must facilitate access to their workplace, accommodation and daily meals. These sections provide also that certain details of these obligations will be decided on the basis of a decree of the public body responsible for labour force matters. The Committee requests the Government to inform it of any progress made in adopting the draft Labour Code in order to give effect to this Article of the Convention and to supply a copy of the relevant legislation once it has been adopted.

Article 8.  The Committee recalls that the National Commission recommended the adoption of a legislative text providing that deductions from wages should not exceed 25 per cent of the wage, priority being given to payment of alimony and to family entitlements. According to the Government’s latest report, section 38 of the new draft Code on Labour and Employment prohibits seizure of wages except in regard to recovery of alimony or other family obligations, as well as prohibiting deductions from wages in order to reimburse loans made by the employer. The Committee requests the Government to inform it of the measures that will be taken to bring national legislation into conformity with this provision of the Convention.

The Committee emphasizes the lack of information from the Government concerning Article 7(2) of the Convention. The Committee once again requests the Government to take appropriate measures so as to ensure that the commodities and services provided by employers are sold or supplied at fair and reasonable prices and that works’ stores and services are not operated for the purpose of securing a profit.

Article 12(2).  Further to its observation, the Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) according to which the Libyan Government suggests to the workers concerned to claim from their own government the missing part of their salary. The Committee reminds the Government that, according to this Article of the Convention, upon the termination of a contract of employment a final settlement of all wages has to be effected, in accordance with national laws, collective agreements and arbitration awards or, where appropriate, by any other arrangement which may have been made to ensure the payment of wages. The Committee points out that the abovementioned obligation is incumbent upon the employer(s) concerned. Consequently, the Government cannot ask the workers to address their requests concerning the final settlement of the salaries to their governments. The Committee requests the Government to indicate the measures taken in order to ensure that the wages due to the workers expelled from the country will be duly paid in full.

[The Government is asked to report in detail in 2001.]

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

The Committee notes the recent comments communicated by the International Confederation of Free Trade Unions (ICFTU) referring to nationals from Nigeria, Ghana, Niger, Chad, Gambia and Sudan. It notes that thousands of workers from Ghana and Nigeria have been forced to leave the Libyan Arab Jamahiriya, including 10,000 workers from Nigeria who were expelled without receiving the whole, or even half, of the wages owed to them. The Committee also notes that, according to ICFTU, the Government of the Libyan Arab Jamahiriya told these workers to reclaim the part of their wages still outstanding from their own Government.

In its previous observations, the Committee noted the comments communicated in 1995 by the Palestine Trade Union Federation and the International Confederation of Free Trade Unions referring to hundreds, or even thousands, of Palestinian workers forced to leave the Libyan Arab Jamahiriya without receiving the wages due to them. The Government replied that in 1995 it adopted regulations for registering and controlling foreign workers in the country and for expelling illegal immigrants. The Government also stated that, since the conclusion of the latest agreement between the Israeli authorities in the Occupied Territories and the PLO and the declaration of the establishment of a Palestinian State, Palestinians were treated in a similar manner to other nationalities in employment procedures and that contracts were not renewed on expiry. It added that all the entitlements of Palestinians working with employment permits and formal contracts were respected on expiry of their contracts, including the entitlements arising both from employment and from social security. The Committee noted, in fact, that final payments of wages concerned only workers having employment permits and formal contracts.

The Committee noted the decision made in the Conference Committee in June 1996 on the final settlement of wages due to Palestinian workers who had left the Libyan Arab Jamahiriya. The Government confirmed that, in 95 per cent of cases, all the entitlements of Palestinians working with employment permits and formal contracts had been respected on expiry of their contracts, including the entitlements arising both from employment and from social security. It added that no complaint concerning the rights of Palestinian workers had been received by the employment offices. The Government also indicated that at their 1996 meeting in Tripoli, the Palestinian Trade Union Federation, the General Federation of Producers Trade Unions and the International Confederation of Arab Trade Unions had agreed to look into the claims of Palestinian workers and make a friendly settlement. The Committee also noted the Government’s intention to take all measures with a view to settling the entitlements of any worker who could show the existence of unpaid benefits.

The Committee notes with regret that once again the Government does not provide a reply to its previous comments on the measures taken to ensure the final settlement of wages on expiry of a contract, in accordance with Article 12(2) of the Convention, for the Palestinian workers other than those with employment permits and formal contracts. The Committee recalls once again that the Convention applies to all persons to whom wages are paid or payable, irrespective of the characteristics of their contract. It therefore requests the Government once again to inform it in its next report of all measures taken with a view to complying with the requirements of this Article of the Convention.

The Committee asks the Government to supply a precise reply to the point raised by the ICFTU.

In addition, a request regarding other points is being addressed directly to the Government.

[The Government is asked to report in detail in 2001.]

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 reads as follows:

The Committee noted in its earlier comments the information supplied by the Government on the report of the National Commission entrusted to examine the International Labour Conventions and Recommendations concerning the following points:

Article 2 of the Convention. The National Commission recommended to modify section 1, paragraph (c), of the Labour Code of 1 May 1970 to extend the scope of the Code to agricultural workers, or to adopt regulations governing agricultural workers.

Article 4, paragraph 1. The National Commission recommended to adopt a text of law to establish the proportion of wages that may be paid in kind at 50 per cent, and either to modify section 100 of the Labour Code so as to fix the percentage to be paid by the worker in exchange with the supplies provided by the employer or to adopt a decision of the Secretary of the People's General Committee of the Public Service under the said section 100.

Article 8, paragraph 1. The National Commission recommended the adoption of a legislative text providing that deductions from wages shall not exceed 25 per cent of the wage, priority being given to payment of alimony and to the rights of the family.

The Committee notes that, according to the last report of the Government, the technical committee established to prepare replies to the comments of the Committee of Experts confirms the above recommendations by the National Commission, but that the report contains no further information on the progress of actions in pursuance of these recommendations. The Committee recalls that they were already transmitted to different state organs in 1988 for examination. It hopes that concrete actions will soon be taken in this respect, and requests the Government to report any progress made in line with these proposed modifications and to provide copies of relevant legislation, when adopted.

Noting that no information has been provided by the Government regarding Article 7, paragraph 2, of the Convention, the Committee again requests the Government to take appropriate measures so as to ensure that the commodities and services provided by employers are sold or supplied at fair and reasonable prices and that the works stores and services are not operated for securing a profit.

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 point:

The Committee noted the discussion which took place at the Conference Committee in June 1996 on the final settlement of wages due to Palestinian workers who had recently left the Libyan Arab Jamahiriya. The Government confirmed at the Conference Committee that it was ready to take all the necessary measures to settle the entitlements of any worker who could prove the existence of outstanding entitlements. Recalling that the Convention applies to all persons to whom wages are paid or payable, irrespective of the characteristics of their contracts, formal or non-formal, it requests the Government to provide information on all measures taken to ensure the final settlement of wages at the expiry of a contract, in accordance with Article 12(2) of the Convention, for the Palestinian workers other than those with employment permits and formal contracts.

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

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

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 following matters raised in its previous direct request:

The Committee noted in its earlier comments the information supplied by the Government on the report of the National Commission entrusted to examine the International Labour Conventions and Recommendations concerning the following points:

Article 2 of the Convention. The National Commission recommended to modify section 1, paragraph (c), of the Labour Code of 1 May 1970 to extend the scope of the Code to agricultural workers, or to adopt regulations governing agricultural workers.

Article 4, paragraph 1. The National Commission recommended to adopt a text of law to establish the proportion of wages that may be paid in kind at 50 per cent, and either to modify section 100 of the Labour Code so as to fix the percentage to be paid by the worker in exchange with the supplies provided by the employer or to adopt a decision of the Secretary of the People's General Committee of the Public Service under the said section 100.

Article 8, paragraph 1. The National Commission recommended the adoption of a legislative text providing that deductions from wages shall not exceed 25 per cent of the wage, priority being given to payment of alimony and to the rights of the family.

The Committee notes that, according to the last report of the Government, the technical committee established to prepare replies to the comments of the Committee of Experts confirms the above recommendations by the National Commission, but that the report contains no further information on the progress of actions in pursuance of these recommendations. The Committee recalls that they were already transmitted to different state organs in 1988 for examination. It hopes that concrete actions will soon be taken in this respect, and requests the Government to report any progress made in line with these proposed modifications and to provide copies of relevant legislation, when adopted.

Noting that no information has been provided by the Government regarding Article 7, paragraph 2, of the Convention, the Committee again requests the Government to take appropriate measures so as to ensure that the commodities and services provided by employers are sold or supplied at fair and reasonable prices and that the works stores and services are not operated for securing a profit.

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

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

The Committee noted the discussion which took place at the Conference Committee in June 1996 on the final settlement of wages due to Palestinian workers who had recently left the Libyan Arab Jamahiriya. The Government confirmed at the Conference Committee its earlier statement that all the entitlements of Palestinians working with employment permits and formal contracts had been respected at the expiry of their contract, including the entitlements arising both from employment and from social security, and this was the case for 95 per cent of the Palestinian workers. It added that the employment agencies of the Public Office for the Labour Force had not received any complaints to that date concerning the entitlements of a Palestinian worker. The Government further stated that, parallel with a meeting of the Council of the ICFTU for the Arab Trade Unions, a meeting was held in Tripoli in March 1996, attended by the Palestinian Trade Union Federation, the General Federation of the Producers' Trade Unions and the International Confederation of Arab Trade Unions, where it was agreed to look into the claims of Palestinian workers and to settle them in an amicable way and on a bilateral basis between the two federations and under the auspices of the International Confederation of Arab Trade Unions. The Government emphasized that it was ready to take all the necessary measures to settle the entitlements of any worker who could prove the existence of outstanding entitlements. Recalling that the Convention applies to all persons to whom wages are paid or payable, irrespective of the characteristics of their contracts, formal or non-formal, it requests the Government to provide information on all measures taken to ensure the final settlement of wages at the expiry of a contract, in accordance with Article 12(2) of the Convention, for the Palestinian workers other than those with employment permits and formal contracts.

END OF REPETITION

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

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

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 following matters raised in its previous direct request:

The Committee noted in its earlier comments the information supplied by the Government on the report of the National Commission entrusted to examine the International Labour Conventions and Recommendations concerning the following points:

Article 2 of the Convention. The National Commission recommended to modify section 1, paragraph (c), of the Labour Code of 1 May 1970 to extend the scope of the Code to agricultural workers, or to adopt regulations governing agricultural workers;

Article 4, paragraph 1. The National Commission recommended to adopt a text of law to establish the proportion of wages that may be paid in kind at 50 per cent, and either to modify section 100 of the Labour Code so as to fix the percentage to be paid by the worker in exchange with the supplies provided by the employer or to adopt a decision of the Secretary of the People's General Committee of the Public Service under the said section 100,

Article 8, paragraph 1. The National Commission recommended the adoption of a legislative text providing that deductions from wages shall not exceed 25 per cent of the wage, priority being given to payment of alimony and to the rights of the family.

The Committee notes that, according to the last report of the Government, the technical committee established to prepare replies to the comments of the Committee of Experts confirms the above recommendations by the National Commission, but that the report contains no further information on the progress of actions in pursuance of these recommendations. The Committee recalls that they were already transmitted to different state organs in 1988 for examination. It hopes that concrete actions will soon be taken in this respect, and requests the Government to report any progress made in line with these proposed modifications and to provide copies of relevant legislation, when adopted.

Noting that no information has been provided by the Government regarding Article 7, paragraph 2, of the Convention, the Committee again requests the Government to take appropriate measures so as to ensure that the commodities and services provided by employers are sold or supplied at fair and reasonable prices and that the works stores and services are not operated for securing a profit.

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

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

The Committee noted the discussion which took place at the Conference Committee in June 1996 on the final settlement of wages due to Palestinian workers who had recently left the Libyan Arab Jamahiriya. The Government confirmed at the Conference Committee its earlier statement that all the entitlements of Palestinians working with employment permits and formal contracts had been respected at the expiry of their contract, including the entitlements arising both from employment and from social security, and this was the case for 95 per cent of the Palestinian workers. It added that the employment agencies of the Public Office for the Labour Force had not received any complaints to that date concerning the entitlements of a Palestinian worker. The Government further stated that, parallel with a meeting of the Council of the ICFTU for the Arab Trade Unions, a meeting was held in Tripoli in March 1996, attended by the Palestinian Trade Union Federation, the General Federation of the Producers' Trade Unions and the International Confederation of Arab Trade Unions, where it was agreed to look into the claims of Palestinian workers and to settle them in an amicable way and on a bilateral basis between the two federations and under the auspices of the International Confederation of Arab Trade Unions. The Government emphasized that it was ready to take all the necessary measures to settle the entitlements of any worker who could prove the existence of outstanding entitlements. Recalling that the Convention applies to all persons to whom wages are paid or payable, irrespective of the characteristics of their contracts, formal or non-formal, it requests the Government to provide information on all measures taken to ensure the final settlement of wages at the expiry of a contract, in accordance with Article 12(2) of the Convention, for the Palestinian workers other than those with employment permits and formal contracts.

END OF REPETITION

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

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee noted in its earlier comments the information supplied by the Government on the report of the National Commission entrusted to examine the International Labour Conventions and Recommendations concerning the following points:

Article 2 of the Convention. The National Commission recommended to modify section 1, paragraph (c), of the Labour Code of 1 May 1970 to extend the scope of the Code to agricultural workers, or to adopt regulations governing agricultural workers;

Article 4, paragraph 1. The National Commission recommended to adopt a text of law to establish the proportion of wages that may be paid in kind at 50 per cent, and either to modify section 100 of the Labour Code so as to fix the percentage to be paid by the worker in exchange with the supplies provided by the employer or to adopt a decision of the Secretary of the People's General Committee of the Public Service under the said section 100,

Article 8, paragraph 1. The National Commission recommended the adoption of a legislative text providing that deductions from wages shall not exceed 25 per cent of the wage, priority being given to payment of alimony and to the rights of the family.

The Committee notes that, according to the last report of the Government, the technical committee established to prepare replies to the comments of the Committee of Experts confirms the above recommendations by the National Commission, but that the report contains no further information on the progress of actions in pursuance of these recommendations. The Committee recalls that they were already transmitted to different state organs in 1988 for examination. It hopes that concrete actions will soon be taken in this respect, and requests the Government to report any progress made in line with these proposed modifications and to provide copies of relevant legislation, when adopted.

Noting that no information has been provided by the Government regarding Article 7, paragraph 2, of the Convention, the Committee again requests the Government to take appropriate measures so as to ensure that the commodities and services provided by employers are sold or supplied at fair and reasonable prices and that the works stores and services are not operated for securing a profit.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Further to its previous observation, the Committee notes the discussion which took place at the Conference Committee in June 1996 on the final settlement of wages due to Palestinian workers who had recently left the Libyan Arab Jamahiriya.

The Government confirmed at the Conference Committee its earlier statement that all the entitlements of Palestinians working with employment permits and formal contracts had been respected at the expiry of their contract, including the entitlements arising both from employment and from social security, and this was the case for 95 per cent of the Palestinian workers. It added that the employment agencies of the Public Office for the Labour Force had not received any complaints to that date concerning the entitlements of a Palestinian worker. The Government further stated that, parallel with a meeting of the Council of the ICFTU for the Arab Trade Unions, a meeting was held in Tripoli in March 1996, attended by the Palestinian Trade Union Federation, the General Federation of the Producers' Trade Unions and the International Confederation of Arab Trade Unions, where it was agreed to look into the claims of Palestinian workers and to settle them in an amicable way and on a bilateral basis between the two federations and under the auspices of the International Confederation of Arab Trade Unions. The Government emphasized that it was ready to take all the necessary measures to settle the entitlements of any worker who could prove the existence of outstanding entitlements.

The Committee takes due note of this information. Recalling that the Convention applies to all persons to whom wages are paid or payable, irrespective of the characteristics of their contracts, formal or non-formal, it requests the Government to provide information on all measures taken to ensure the final settlement of wages at the expiry of a contract, in accordance with Article 12(2) of the Convention, for the Palestinian workers other than those with employment permits and formal contracts.

[The Government is asked to report in detail in 1997.]

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

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 following matters raised in its previous direct request.

The Committee noted the information supplied earlier by the Government, in particular, the report of the National Commission entrusted to examine the International Labour Conventions and Recommendations concerning the following points:

Article 2 of the Convention. The National Commission recommends to modify section 1, paragraph (c) of the Labour Code of 1 May 1970 to extend the scope of the Code to agricultural workers, or to adopt regulations governing agricultural workers.

Article 4, paragraph 1. The National Commission recommends to adopt a text of law to establish the proportion of wages that may be paid in kind at 50 per cent, and either to modify section 100 of the Labour Code so as to fix the percentage to be paid by the worker in exchange with the supplies provided by the employer or to adopt a decision of the Secretary of the People's General Committee of the Public Service under the said section 100.

Article 8, paragraph 1. The National Commission recommends the adoption of a legislative text providing that deductions from wages shall not exceed 25@per cent of the wage, priority being given to payment of alimony and to the rights of the family.

The Committee notes that the report of this National Commission was transmitted to the Executive Organ of the People's Committee in March 1988 and that the latter Organ requested in April 1988 the Secretary of the People's General Committee of the Public Service to communicate a copy of this report to the legislative administration in order to study the proposed modifications. It requests the Government to report any progress made towards the adoption of these modifications and to provide copies of relevant legislation, when adopted.

Noting that no information has been provided by the Government regarding Article 7, paragraph 2, of the Convention, the Committee again requests the Government to take appropriate measures so as to ensure that the commodities and services provided by employers are sold or supplied at fair and reasonable prices and that the works stores and services are not operated for securing a profit.

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

The Committee noted in its earlier comments the information supplied by the Government on the report of the National Commission entrusted to examine the International Labour Conventions and Recommendations concerning the following points:

Article 2 of the Convention. The National Commission recommended to modify section 1, paragraph (c) of the Labour Code of 1 May 1970 to extend the scope of the Code to agricultural workers, or to adopt regulations governing agricultural workers;

Article 4, paragraph 1. The National Commission recommended to adopt a text of law to establish the proportion of wages that may be paid in kind at 50 per cent, and either to modify section 100 of the Labour Code so as to fix the percentage to be paid by the worker in exchange with the supplies provided by the employer or to adopt a decision of the Secretary of the People's General Committee of the Public Service under the said section 100;

Article 8, paragraph 1. The National Commission recommended the adoption of a legislative text providing that deductions from wages shall not exceed 25 per cent of the wage, priority being given to payment of alimony and to the rights of the family.

The Committee notes that, according to the latest report of the Government, the technical committee established to prepare replies to the comments of the Committee of Experts confirms the above recommendations by the National Commission, but that the report contains no further information on the progress of actions in pursuance of these recommendations. The Committee recalls that they were already transmitted to different state organs in 1988 for examination. It hopes that concrete actions will soon be taken in this respect, and requests the Government to report any progress made in line with these proposed modifications and to provide copies of relevant legislation, when adopted.

Noting that no information has been provided by the Government regarding Article 7, paragraph 2, of the Convention, the Committee again requests the Government to take appropriate measures so as to ensure that the commodities and services provided by employers are sold or supplied at fair and reasonable prices and that the works stores and services are not operated for securing a profit.

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

The Committee notes the observations made by the Palestine Trade Unions' Federation, and by the International Confederation of Free Trade Unions, which were subsequently received and transmitted to the Government for comments in October 1995.

In their observations, both these organizations express concern at the situation in which hundreds, or even thousands, of Palestinian workers are recently being forced to leave Libya without receiving payment of all the entitlements due to them. The Committee recalls that Article 12, paragraph 2, of the Convention requires a final settlement of all wages due to be effected.

The Government indicates in response to these observations that it adopted since the beginning of 1995 regulatory measures to register and control the presence of foreign workers in the country, including the expulsion of illegal immigrants and that information on these measures was disseminated through media as well as diplomatic channels. The Government states that the Palestinian workers, who had no homeland, used to enjoy special benefits, for example, the access to certain posts of employment reserved normally for Libyan nationals, that, since the conclusion of the latest agreement between the Israeli authorities in occupied territories and the PLO and the declaration of setting up a Palestinian State, this special treatment was abolished, that Palestinians are now treated in a similar manner to other nationalities in employment procedures and that expiring contracts have not been renewed. The Government adds that all the entitlements of Palestinians working with employment permits and formal contracts are respected at the expiry of their contract, including the entitlements arising both from employment and from the social security.

The Committee takes due note of the information. It recalls that by virtue of Article 2(1) of the Convention, it applies to all persons to whom wages are paid or payable, and that the term "wages" is defined in Article 1 as "remuneration or earnings, however designated or calculated, ... which are payable in virtue of a written or unwritten contract of employment ... for work done or to be done or for service rendered or to be rendered". Noting that the Government's above assurance of the final settlement of wages at the expiry of a contract (in accordance with Article 12(2)) relates only to a part of the scope of the Convention (workers with employment permits and formal contracts), the Committee requests the Government to supply further information on the final settlement of wages of workers other than those mentioned above, and any measures taken to ensure such final settlement.

The Committee is also addressing a direct request to the Government on certain other points.

[The Government is asked to supply full particulars to the Conference at its 83rd Session.)]

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

The Committee notes the information supplied by the Government, in particular, the report of the National Commission entrusted to examine the International Labour Conventions and Recommendations concerning the following points:

Article 2 of the Convention. The National Commission recommends to modify section 1, paragraph (c) of the Labour Code of 1 May 1970 to extend the scope of the Code to agricultural workers, or to adopt regulations governing agricultural workers.

Article 4, paragraph 1. The National Commission recommends to adopt a text of law to establish the proportion of wages that may be paid in kind at 50 per cent, and either to modify section 100 of the Labour Code so as to fix the percentage to be paid by the worker in exchange with the supplies provided by the employer or to adopt a decision of the Secretary of the People's General Committee of the Public Service under the said section 100.

Article 8, paragraph 1. The National Commission recommends the adoption of a legislative text providing that deductions from wages shall not exceed 25 per cent of the wage, priority being given to payment of alimony and to the rights of the family.

The Committee notes that the report of this National Commission was transmitted to the Executive Organ of the People's Committee in March 1988 and that the latter Organ requested in April 1988 the Secretary of the People's General Committee of the Public Service to communicate a copy of this report to the legislative administration in order to study the proposed modifications. It requests the Government to report any progress made towards the adoption of these modifications and to provide copies of relevant legislation, when adopted.

Noting that no information has been provided by the Government regarding Article 7, paragraph 2 of the Convention, the Committee again requests the Government to take appropriate measures so as to ensure that the commodities and services provided by employers are sold or supplied at fair and reasonable prices and that the works stores and services are not operated for securing a profit.

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

Further to its previous observation, the Committee notes with interest that the representation submitted by the Federation of Egyptian Trade Unions under article 24 of the Constitution alleging non-observance by the Libyan Arab Jamahiriya of the Protection of Wages Convention, 1949 (No. 95) and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) has been withdrawn after an agreement has been reached between the parties concerned.

The Committee is also addressing a direct request to the Government regarding certain 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:

The Committee notes that the tripartite commission set up to examine the representation submitted by the Federation of Egyptian Trade Unions under article 24 of the Constitution alleging non-observance by the Libyan Arab Jamahiriya of the Protection of Wages Convention, 1949 (No. 95), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Equality of Treatment (Social Security) Convention, 1962 (No. 118) is continuing its work. The Committee notes, from the Government's report, that its previous comments have been examined by the People's General Committee of the Public Service, which made observations on the following points: Article 2 of the Convention. The Committee of Experts noted in its previous comments that agricultural workers are not covered by the legislation governing the protection of wages. The Committee notes that the People's General Committee of the Public Service recommended that either the first section of the Labour Code, of 1 May 1970, be amended to extend the scope of the Code to agricultural workers, or that regulations be adopted governing agricultural workers. The Committee hopes that the Government will take the necessary measures for the competent authorities to adopt a decision in this respect and fill the gap that exists in the legislation. Article 4, paragraph 1. The Committee notes that, while the People's Committee considers that payment in kind does not exist in practice, it has recommended the adoption of a text to establish at 50 per cent the proportion of wages that could be paid in kind. The Committee of Experts therefore requests the Government to ensure that the above proportion is reasonable. Furthermore, the Committee notes that the People's Committee is of the opinion that section 100 of the Labour Code which provides, among other provisions, that the cost of housing and meals provided by the employer in "remote areas" shall be determined by order of the Minister of Labour and Social Affairs, should be amended in order to bring it into conformity with the provisions of the Convention or that the question should be settled through a decision by the Secretary of the People's General Committee of the Public Service. The Committee requests the Government to indicate the decision that is adopted in order to give effect to this Article of the Convention. Article 7, paragraph 2. With reference to its previous comments, the Committee recalls that section 35 of the Labour Code provides that the employer shall not compel the worker to purchase food or other commodities manufactured by him, nor to purchase provisions from any designated store. The Committee requests the Government to indicate the provisions that have been adopted or are envisaged in order to ensure that the commodities and services provided by employers are sold or supplied at fair and reasonable prices and that the stores established and services operated by the employer are not operated for the purpose of securing a profit. Article 8, paragraph 1. The Committee notes that the People's General Committee of the Public Service has recommended the adoption of a legislative text which would provide that deductions from wages shall not exceed 25 per cent of the wage. The Committee hopes that, when this text is adopted, the Government will take into consideration the fact that Article 8 concerns deductions made by employers other than attachments or assignments. Furthermore, the provisions to be adopted should forbid any deduction that is not formally authorised by the law and these provisions should also provide for a limit to the total deductions authorised (taking into account, in particular, the fact that sections 35, 36 and 78 of the Labour Code authorise deductions which may in total amount to nearly 50 per cent of the worker's wage). The Committee requests the Government to supply the text adopted to give effect to this Article of the Convention.

TEXT

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 that the tripartite commission set up to examine the representation submitted by the Federation of Egyptian Trade Unions under article 24 of the Constitution alleging non-observance by the Libyan Arab Jamahiriya of the Protection of Wages Convention, 1949 (No. 95), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Equality of Treatment (Social Security) Convention, 1962 (No. 118) is continuing its work.

The Committee notes, from the Government's report, that its previous comments have been examined by the People's General Committee of the Public Service, which made observations on the following points:

Article 2 of the Convention. The Committee of Experts noted in its previous comments that agricultural workers are not covered by the legislation governing the protection of wages.

The Committee notes that the People's General Committee of the Public Service recommended that either the first section of the Labour Code, of 1 May 1970, be amended to extend the scope of the Code to agricultural workers, or that regulations be adopted governing agricultural workers. The Committee hopes that the Government will take the necessary measures for the competent authorities to adopt a decision in this respect and fill the gap that exists in the legislation.

Article 4, paragraph 1. The Committee notes that, while the People's Committee considers that payment in kind does not exist in practice, it has recommended the adoption of a text to establish at 50 per cent the proportion of wages that could be paid in kind. The Committee of Experts therefore requests the Government to ensure that the above proportion is reasonable. Furthermore, the Committee notes that the People's Committee is of the opinion that section 100 of the Labour Code which provides, among other provisions, that the cost of housing and meals provided by the employer in "remote areas" shall be determined by order of the Minister of Labour and Social Affairs, should be amended in order to bring it into conformity with the provisions of the Convention or that the question should be settled through a decision by the Secretary of the People's General Committee of the Public Service.

The Committee requests the Government to indicate the decision that is adopted in order to give effect to this Article of the Convention.

Article 7, paragraph 2. With reference to its previous comments, the Committee recalls that section 35 of the Labour Code provides that the employer shall not compel the worker to purchase food or other commodities manufactured by him, nor to purchase provisions from any designated store. The Committee requests the Government to indicate the provisions that have been adopted or are envisaged in order to ensure that the commodities and services provided by employers are sold or supplied at fair and reasonable prices and that the stores established and services operated by the employer are not operated for the purpose of securing a profit.

Article 8, paragraph 1. The Committee notes that the People's General Committee of the Public Service has recommended the adoption of a legislative text which would provide that deductions from wages shall not exceed 25 per cent of the wage. The Committee hopes that, when this text is adopted, the Government will take into consideration the fact that Article 8 concerns deductions made by employers other than attachments or assignments. Furthermore, the provisions to be adopted should forbid any deduction that is not formally authorised by the law and these provisions should also provide for a limit to the total deductions authorised (taking into account, in particular, the fact that sections 35, 36 and 78 of the Labour Code authorise deductions which may in total amount to nearly 50 per cent of the worker's wage). The Committee requests the Government to supply the text adopted to give effect to this Article of the Convention.