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

Labour Inspection Convention, 1947 (No. 81) - Libya (Ratification: 1971)

While recognizing the difficult situation in the country, the Committee notes that the Government report contains no information in response to its previous comments on Articles 3(2) and 5(a) (additional functions of labour inspectors and cooperation between the inspection services and other government services), Article12(1)(a) (scope of the right of free entry of inspectors into workplaces liable to inspection) and Article 16 (frequency and thoroughness of inspections). The Committee is therefore bound to repeat its previous requests concerning these Articles, including for information regarding specific measures taken or envisaged to ensure effective application of these Articles.

Legislation. The Committee notes that the Government indicates in its report that the Ministry of Labour and Rehabilitation has prepared a new bill updating Law No. 12 of 2010 on labour relations. The Government indicates that this draft law has not yet been promulgated. The Committee requests the Government to provide information on any progress made in the legislative reform process and encourages it to ensure that such reform takes into account the issues addressed below, with a view to ensuring conformity of the legal framework with the Convention. The Committee also requests the Government to submit a copy of Decision No. 116 of 2021 of the Minister of Labour and Rehabilitation, which promulgates the Occupational Health and Safety Regulations.

Articles 1, 4, 6 and 7 of the Convention. Organization of the labour inspection system, status and conditions of service of labour inspectors and their recruitment and training. The Committee notes the Government’s indication that the new bill updating Law No. 12 of 2010 provides that: (i) it shall be observed in the appointment of inspectors that they hold academic qualifications appropriate to the work that they perform, and that they display impartiality, objectivity, honesty and dedication in their work (section 221(1)); (ii) the Legal Directorate and the Directorate of Human Resources are authorized to verify such qualifications (section 221(1)); and, (iii) the Ministry of Labour and Rehabilitation shall prepare training programmes for inspectors, which shall be developed in order to enhance their theoretical, scientific and practical capacities (section 223). While taking note of this information, the Committee notes the absence of information relating to its previous comments and therefore once again requests the Government to indicate whether an order has been issued pursuant to section 114 of Law No. 12 of 2010 regarding the organization of the system of labour inspection, the recruitment and training of labour inspectors, and their status and conditions of service and, if so, to provide a copy with its next report.

Articles 20 and 21. Publication and content of the annual report. With regard to its previous comments on the preparation, publication and submission to the ILO of annual labour inspection reports, the Committee notes the Government’s indication that: (i) reports prepared by labour inspectors at the various labour offices are collected by the Directorate General of Labour Inspections; and (ii) a detailed annual report supported by disaggregated statistical data is issued on the basis of those reports. The Committee requests the Government to submit copies of the annual reports drawn up on the basis of the information collected by the Directorate General of Labour Inspections from the reports prepared by the inspectors.