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

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - 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).

Part II of the Convention. Progressive abolition of fee-charging employment agencies.  The Committee had previously requested the Government to provide updated information on the national legislation giving effect to Part II of the Convention and to repeal Decision No. 77 of 2002 or amend its provisions to bring it into compliance with Part II of the Convention. The Committee notes the Government’s indication in its report that fee-charging employment agencies conducted with a view to profit have not been established. The employment offices affiliated to the Ministry of Labour and Rehabilitation, which are specified in the Labour Relations Act No. 12 of 2010, are the sole body responsible in this regard. The Government indicates that Chapter 1, section 6 of the Labour Relations Act provides that: “Employment offices may not receive any remuneration from jobseekers for the services that they provide.” It further states that the technical committee responsible for preparing replies established by the Council of Ministers recommended, in the minutes of its eighth meeting, held in 2020, that former General People’s Committee Decision No. 77 of 2002 concerning provisions relating to the placement of job seekers should be repealed. The Committee requests the Government to continue to provide updated information on the national legislation giving effect to Part II of the Convention, as well as on the manner in which the Convention is applied in practice. It also requests the Government to provide information on any developments concerning the repeal of Decision No. 77 of 2002.

The Committee recalls that the Governing Body, at its 273rd Session in November 1998, invited the States parties to the Convention to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181) (document GB.273/LILS/4 (Rev.1)). Such ratification would entail the immediate denunciation of the Convention. Consequently, as long as Convention No. 181 has not been ratified by Libya, the Convention remains in force in the country and the Committee will continue to examine its application. The Committee notes the Government’s indication that the technical committee responsible for preparing replies established by the Council of Ministers recommended that the Government set up a committee to examine the Private Employment Agencies Convention, 1997 (No. 181). The Committee requests the Government to provide updated information on the outcome of any consultations with the social partners concerning the possible ratification of the Private Employment Agencies Convention, 1997 (No. 181)

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.