Observation (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

Convention (n° 95) sur la protection du salaire, 1949 - Libye (Ratification: 1962)

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.