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

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

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

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

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