Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

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

The Committee notes the observations made by the Palestine Trade Unions' Federation, and by the International Confederation of Free Trade Unions, which were subsequently received and transmitted to the Government for comments in October 1995.

In their observations, both these organizations express concern at the situation in which hundreds, or even thousands, of Palestinian workers are recently being forced to leave Libya without receiving payment of all the entitlements due to them. The Committee recalls that Article 12, paragraph 2, of the Convention requires a final settlement of all wages due to be effected.

The Government indicates in response to these observations that it adopted since the beginning of 1995 regulatory measures to register and control the presence of foreign workers in the country, including the expulsion of illegal immigrants and that information on these measures was disseminated through media as well as diplomatic channels. The Government states that the Palestinian workers, who had no homeland, used to enjoy special benefits, for example, the access to certain posts of employment reserved normally for Libyan nationals, that, since the conclusion of the latest agreement between the Israeli authorities in occupied territories and the PLO and the declaration of setting up a Palestinian State, this special treatment was abolished, that Palestinians are now treated in a similar manner to other nationalities in employment procedures and that expiring contracts have not been renewed. The Government adds that all the entitlements of Palestinians working with employment permits and formal contracts are respected at the expiry of their contract, including the entitlements arising both from employment and from the social security.

The Committee takes due note of the information. It recalls that by virtue of Article 2(1) of the Convention, it applies to all persons to whom wages are paid or payable, and that the term "wages" is defined in Article 1 as "remuneration or earnings, however designated or calculated, ... which are payable in virtue of a written or unwritten contract of employment ... for work done or to be done or for service rendered or to be rendered". Noting that the Government's above assurance of the final settlement of wages at the expiry of a contract (in accordance with Article 12(2)) relates only to a part of the scope of the Convention (workers with employment permits and formal contracts), the Committee requests the Government to supply further information on the final settlement of wages of workers other than those mentioned above, and any measures taken to ensure such final settlement.

The Committee is also addressing a direct request to the Government on certain other points.

[The Government is asked to supply full particulars to the Conference at its 83rd Session.)]