Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Employment Service Convention, 1948 (No. 88) - Libya (Ratification: 1962)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the information received this year, as well as on the basis of the information available to it in 2019.

Articles 1, 3 and 6 of the Convention. Activities of the employment service and contribution to employment promotion.  The Committee notes the information provided by the Government in its report concerning the activities carried out by the Ministry of Labour and Rehabilitation for the organization of the labour market and the implementation of the national employment strategy. It notes in particular the measures taken to update the labour market system database and to strengthen the role of the Ministry in human resource development, especially through partnerships between the public and the private sectors aimed at increasing employment rates and reducing poverty. The Committee had previously noted that the Public Services Department and the Employment Department were responsible for appointments to public service vacancies and other vacancies, respectively. The Committee notes that no further information was provided by the Government in its latest report concerning the role and activities of these departments. The Committee requests the Government to continue to provide information on the activities carried out by the Ministry of Labour and Rehabilitation and any other competent departments, in order to ensure “the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources”. The Government is requested in particular to provide information on the measures taken to update the labour market system database and to indicate the steps taken to anticipate future labour market needs to reduce skills mismatches and promote full and productive employment.

Articles 4 and 5. Participation of social partners.  The Committee had previously noted that, pursuant to section 18 of the Labour Relations Act No. 12 of 2010, a tripartite advisory committee was to be established at the central level and that the Ministry of Labour and Rehabilitation would determine the number of such committees to be established at the local and national level. The Committee notes the Government’s indication that the tripartite advisory committee has not yet been established. The Committee recalls that, pursuant to Article 4 of the Convention, arrangements should be made “through advisory committees for the cooperation of representatives of employers and workers in the organisation and operation of the employment service and in the development of employment service policy”, and that these arrangements should provide for one or more national advisory committees and, where necessary, for regional and local committees. The Committee requests the Government to keep the Office informed of developments in relation to the appointment of the tripartite advisory committee provided for in section 18 of the Labour Relations Act No. 12 of 2010, as well as to provide information on the procedure adopted for the appointment of employers’ and workers’ representatives to the advisory committee.

Article 7. Particular categories of applicants for employment. The Committee requests the Government to provide information, including up-to-date statistics, disaggregated by sex and age, on the impact of measures taken to meet the employment needs of particular categories of jobseekers, particularly young persons (who experience high rates of unemployment), women, the long-term unemployed, persons with disabilities and other groups in vulnerable situations. The Committee also requests the Government to provide specific information on the impact of measures taken to facilitate specialization by occupation or by industry in the various employment offices.

Article 9. Training of employment service staff. The Committee notes the information provided by the Government in its report concerning the requirements and the procedure for admission to public service, including the requirement that applicants possess the adequate academic and skills qualifications for the post and to pass the prescribed examinations. The Committee notes that no information is provided in the report concerning the status, conditions of service, or the training provided to employment service staff. The Committee recalls that Article 9 requires that the employment service be composed of public officials whose status and conditions of service ensure their independence of changes of government or of improper external influences and that staff be adequately trained for the performance of their duties. The Committee requests the Government to provide more specific information on the status of employment service staff, as well as on measures taken or envisaged to ensure them adequate training, both when entering service and during the course of their career, including training to enable them to meet the needs of particular categories of applicants for employment that face difficulties in accessing the labour market, such as young persons, women, the long-term unemployed and persons with disabilities. The Government is also requested to provide statistical data disaggregated by sex and age concerning the employment service staff as well as detailed information on measures aimed at promoting the hiring of female employment service staff. While acknowledging the complexity of the situation prevailing on the ground, the Committee once again trusts that the Government will make all efforts to bring its law and practice into conformity with the Convention.