Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Minimum Age Convention, 1973 (No. 138) - Libya (Ratification: 1975)

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted the Government’s statement that section 92 of the Labour Code also applies to the various types of work performed outside an employment relationship and to self-employed young persons. It had noted, however, that section 1 of the Labour Code stipulates that, the provisions of the Code apply "to all persons who are employed under a contract of employment". The Committee had asked the Government to indicate the laws or regulations which prohibit the work of self-employed persons of less than 15 years of age. The Committee notes the Government’s information that, with regard to children who are self-employed, section 15 of the executive regulations putting into effect Act. No. 21 of 2001, specifies the conditions for undertaking individual economic activities. In particular, the person asking for the permit to carry out an individual economic activity should have attained 18 years of age. The Committee takes due note of this information.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee had previously noted that section 29 of Act No. 20 of 1991 on the promotion of freedom prohibits the engagement of children in work not adapted to their capacities, which would prejudice their morals or health. It had also noted that the Order by the Ministry of Labour of 18 October 1973 lists hazardous occupations in which it is forbidden to employ persons under 18 years of age, but it does not include occupations likely to jeopardize the morals of children. It had accordingly asked the Government to indicate whether any laws or regulations have determined the jobs that would be prejudicial to the morals of children. The Committee notes the Government’s statement in this regard that the Penal Code (and amendments made thereto by virtue of Act No. 48 of 1956) includes provisions to protect children from degrading work to which they are exposed and which threaten their morals. The penalties are doubled if violations of such provisions (such as abduction or incitement to prostitution) are committed against girls between 14 and 18 years of age. The Committee takes note of this information.