Holidays with Pay Convention, 1936 (No. 52) - Libya (Ratification: 1962)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Convention No. 52 (Holidays with pay) and Convention No. 89 (Night work of women) together.

Holidays with pay

Article 2(3) of Convention No. 52.Public holidays and periods of sickness not to be counted in annual leave. The Committee notes that in response to its previous comments regarding the absence of provisions in the Labour Relations Act No. 12 of 2010 (hereinafter Labour Code) excluding official holidays and sickness periods from the counting of holidays with pay, the Government indicates that Section 182 of a new draft Labour Code stipulates that official holidays and periods of illness shall not be counted among the days of leave, provided that a certificate from an accredited medical centre proves this. The Committee requests the Government to continue to indicate measures taken or envisaged to ensure that public and customary holidays and interruptions of attendance at work due to sickness are not included in the calculation of the annual holiday with pay, as requested by Article 2(3) of the Convention. In particular, it requests the Government to communicate information regarding the status of the draft labour law and its adoption process.

Article 3.Remuneration. The Committee notes that the Labour Code seems to contain no provisions on the usual remuneration during holidays with pay. The Committee recalls that according to Article 3 of the Convention, every person taking a holiday in virtue of Article 2 of this Convention shall receive in respect of the full period of the holiday either: (i) his usual remuneration, calculated in a manner which shall be prescribed by national laws or regulations, including the cash equivalent of his remuneration in kind, if any; or (ii) the remuneration determined by collective agreement. The Committee requests the Government to indicate the manner in which it gives effect to this provision of the Convention.

Article 4. Right to paid annual leave. Relinquishment. The Committee notes that under section 30 of the Labour Code, workers shall not waive their leave entitlements, be prevented from taking leave, postpone it or have it interrupted unless the interests of work so requires or they so wish. In all cases, workers shall be entitled to an annual period of 15 days of continuous leave. The Committee recalls that Article 4 of the Convention provides that any agreement to relinquish the right to an annual holiday with pay, or to forgo such a holiday, shall be void. The Committee requests the Government to take the necessary measures to bring section 30 of the Labour Code in line with this Article of the Convention.

Night work of women

Article 3 of Convention No. 89. Prohibition of night work for women. The Committee observes that section 24 of the Labour Code stipulates that women workers shall not be employed in types of work that are unsuited to their nature as women, to be defined in regulations issued by the General People’s Committee. In its previous comment, the Committee noted that a new draft Labour Code that was under preparation with ILO technical assistance, no longer contained a general prohibition against the night work of women in industry. The Committee also notes the Government’s indication in its report that the Night Work Convention No. 171 of 1990 was submitted to the Technical Committee responsible for the preparation of replies and that a specialized team was set up to study these prior to their referral to the competent authority for ratification. Recalling that protective measures applicable to women’s employment at night which go beyond maternity protection are based on stereotyped perceptions regarding women’s professional abilities and role in society and violate the principle of equality of opportunity and treatment between men and women (General Survey of 2018 on working time instruments, paragraph 545), the Committee requests the Government to clarify to what extent women in industry are forbidden in law and/or in practice to work at night.The Committee also requests the Government, when working on its draft labour legislation, to examine section 24 of the Labour Code in light of the principle of equality of opportunity and treatment between men and women, in consultation with the social partners. It recalls that the denunciation window for the Convention is open between 27 February 2031 and 27 February 2032.

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

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(3) of the Convention. Public holidays and periods of sickness not to be counted in annual leave. The Committee notes that, contrary to the Government’s indications, the Labour Code No. 12 of 2010 contains no explicit provision excluding public holidays and interruptions of attendance at work due to sickness from the calculation of annual holidays with pay. The Committee understands, however, that a new draft Labour Code is currently under preparation with the technical assistance of the International Labour Office, and that section 181 of the draft text expressly provides that public holidays that fall during a period of leave and sick days, provided that a supporting medical certificate is submitted, are not counted as part of the worker’s leave.The Committee hopes that this draft provision, which gives full effect to the requirement of Article 2(3) of the Convention, will be adopted without change, and requests the Government to keep the Office informed of any progress made with regard to the finalization of the new Labour Code.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(3) of the Convention. Public holidays and periods of sickness not to be counted in annual leave. The Committee notes that, contrary to the Government’s indications, the Labour Code No. 12 of 2010 contains no explicit provision excluding public holidays and interruptions of attendance at work due to sickness from the calculation of annual holidays with pay. The Committee understands, however, that a new draft Labour Code is currently under preparation with the technical assistance of the International Labour Office, and that section 181 of the draft text expressly provides that public holidays that fall during a period of leave and sick days, provided that a supporting medical certificate is submitted, are not counted as part of the worker’s leave. The Committee hopes that this draft provision, which gives full effect to the requirement of Article 2(3) of the Convention, will be adopted without change, and requests the Government to keep the Office informed of any progress made with regard to the finalization of the new Labour Code.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 2(3) of the Convention. Public holidays and periods of sickness not to be counted in annual leave. The Committee notes that, contrary to the Government’s indications, the Labour Code No. 12 of 2010 contains no explicit provision excluding public holidays and interruptions of attendance at work due to sickness from the calculation of annual holidays with pay. The Committee understands, however, that a new draft Labour Code is currently under preparation with the technical assistance of the International Labour Office, and that section 181 of the draft text expressly provides that public holidays that fall during a period of leave and sick days, provided that a supporting medical certificate is submitted, are not counted as part of the worker’s leave. The Committee hopes that this draft provision, which gives full effect to the requirement of Article 2(3) of the Convention, will be adopted without change, and requests the Government to keep the Office informed of any progress made with regard to the finalization of the new Labour Code.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 3(b) of the Convention. Period of sickness not to be counted in annual leave. The Committee notes the Government’s reply that section 38 of the Labour Code provides expressly that a period during which the capacity of the worker is affected by sickness or by injury must not be included in his/her holiday with pay, and that in practice, the worker submits to his/her employer a certificate of leave prepared by his/her physician, hospital or sanatorium. The Committee recalls in this connection its previous comments and the Government’s replies referring to the forthcoming adoption of a legislative reform which, in particular, would include explicitly in the Labour Code the exclusion of a period of sickness from annual leave. Based on the Government’s last report, the Committee understands that no progress has been made in this regard. Accordingly, the Committee reiterates its hope that the reform will be concluded shortly to give full effect to this Article of the Convention, and requests the Government to keep the Office informed of any new developments on this matter.

Finally, while noting the Government’s statement that it will consider in the light of the legislation in force the ratification of the Holiday with Pay Convention (Revised), 1970 (No. 132), the Committee wishes to observe that the ratification of Convention No. 132 would be all the more appropriate as the legislation of the Libyan Arab Jamahiriya – which provides for 30 days of annual leave, and even 45 days for those aged at least 50 or with 20 years of service – appears to be in substantial conformity with the requirements of that Convention.

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

Article 2, paragraph 3(b), of the Convention. Interruptions of work due to sickness. The Committee notes that the Industrial Relations Bill, which provides that periods of incapacity for work due to sickness or an accident shall not be included in the annual holidays, is still under examination. The Committee recalls that it has been requesting for over 30 years that section 38 of the current Labour Code, which does not explicitly provide for such exclusion, should be supplemented so as to secure its full conformity with this provision of the Convention. It trusts that the new Industrial Relations Act will be adopted in the very near future.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services indicating the number and nature of the infringements reported, statistical information on the number of workers (classified into adults and young persons under 16 years of age, including apprentices) who are covered by the legislation on holidays with pay, etc.

The Committee also takes this opportunity to recall that, on the proposal of the Working Party on Policy regarding the Revision of Standards, the Governing Body of the ILO considered that Convention No. 52 was out of date and invited the States parties to this Convention to contemplate the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not considered to be fully up to date, but remains relevant in certain respects (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). The acceptance of the obligations of Convention No. 132, for persons employed in economic sectors other than agriculture, by a State party to Convention No. 52 ipso jure involves the immediate denunciation of the latter. The Committee requests the Government to keep the Office informed of any decision that it may take in this respect.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 3(b), of the Convention. The Committee notes that the draft law of labour and employment relations amending section 38 of Labour Code No. 58 of 1970, to the effect that periods of incapacity for work due to sickness or accident shall not be counted as part of the annual holidays with pay, has not yet been adopted. It reiterates its hope that this will be the case in the near future and that the Government will supply a copy of the relevant text as soon as it becomes available.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information supplied by the Government in reply to its previous comments.

Article 2, paragraph 3(b), of the Convention. The Committee notes that the draft law of labour and employment relations amending section 38 of Labour Code No. 58 of 1970, to the effect that periods of incapacity for work due to sickness or accident shall not be counted as part of the annual holidays with pay, has not yet been adopted. It reiterates its hope that this will be the case in the near future and that the Government will supply a copy of the relevant text as soon as it becomes available.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes once again with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its direct request of 1992 which read as follows:

Article 2, paragraph 3(b) of the Convention. The Committee has been drawing the Government's attention for many years to the need to amend section 38 of the Labour Code of 1980, which does not explicitly exclude from paid and annual leave interruptions of work due to sickness, as required by the Convention. The Committee notes the information communicated by the Government and, in particular, that the national committee charged with examination of Conventions and Recommendations made a draft amendment to section 38. The Committee hopes that the Government will soon be able to report that this draft has been adopted.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that, for the fifth year in succession, the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 3(b), of the Convention. The Committee has been drawing the Government's attention for many years to the need to amend section 38 of the Labour Code of 1980, which does not explicitly exclude from paid annual leave interruptions of work due to sickness, as required by the Convention. The Committee notes the information communicated by the Government and, in particular, that the national committee charged with examination of Conventions and Recommendations made a draft amendment to section 38. The Committee hopes that the Government will soon be able to report that this draft has been adopted.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 3(b), of the Convention. The Committee has been drawing the Government's attention for many years to the need to amend section 38 of the Labour Code of 1980, which does not explicitly exclude from paid annual leave interruptions of work due to sickness, as required by the Convention. The Committee notes the information communicated by the Government and, in particular, that the national committee charged with examination of Conventions and Recommendations made a draft amendment to section 38. The Committee hopes that the Government will soon be able to report that this draft has been adopted.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 3(b), of the Convention. The Committee has been drawing the Government's attention for many years to the need to amend section 38 of the Labour Code of 1980, which does not explicitly exclude from paid annual leave interruptions of work due to sickness, as required by the Convention. The Committee notes the information communicated by the Government and, in particular, that the national committee charged with examination of Conventions and Recommendations made a draft amendment to section 38. The Committee hopes that the Government will soon be able to report that this draft has been adopted.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

Article 2, paragraph 3(b), of the Convention. The Committee has been drawing the Government's attention for many years to the need to amend section 38 of the Labour Code of 1980, which does not explicitly exclude from paid annual leave interruptions of work due to sickness, as required by the Convention. The Committee notes the information communicated by the Government and, in particular, that the national committee charged with examination of Conventions and Recommendations made a draft amendment to section 38. The Committee hopes that the Government will soon be able to report that this draft has been adopted.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 3(b), of the Convention. The Committee has been drawing the Government's attention for many years to the need to amend section 38 of the Labour Code of 1980, which does not explicitly exclude from paid annual leave interruptions of work due to sickness, as required by the Convention. The Committee notes the information communicated by the Government and, in particular, that the national committee charged with examination of Conventions and Recommendations made a draft amendment to section 38. The Committee hopes that the Government will soon be able to report that this draft has been adopted.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 2, paragraph 3(b) of the Convention. The Committee has been drawing the Government's attention for many years to the need to amend section 38 of the Labour Code of 1980, which does not explicitly exclude from paid annual leave interruptions of work due to sickness, as required by the Convention. The Committee notes the information communicated by the Government and, in particular, that the national committee charged with examination of Conventions and Recommendations made a draft amendment to section 38. The Committee hopes that the Government will soon be able to report that this draft has been adopted.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2, paragraph 3, of the Convention. For many years, the Committee has been drawing the Government's attention to the need to amend section 38 of the Labour Code of 1980, which does not explicitly exclude from paid annual leave interruptions of work due to sickness, as required by this provision of the Convention. The Government has stated several times that it intends to take the necessary measures: it stated that the Committee responsible for examining international labour Conventions, established by decision of the Secretary of the People's General Committee of the Public Service, recommended that the competent authorities should amend section 38 of the Labour Code in order to bring it into conformity with this provision of the Convention. The Committee trusts that this amendment will be adopted very shortly.

Observation (CEACR) - adopted 1988, published 75th ILC session (1988)

Article 2, paragraph 3, of the Convention. For many years, the Committee has been drawing the Government's attention to the need to amend section 38 of the Labour Code of 1980 which does not explicitly exclude from paid annual leave the interruptions of work due to sickness, as required by this provision of the Convention. The Government has stated several times that it intends to take the necessary measures. In its last report, it states that the Committee responsible for examining international labour Conventions, established by decision of the Secretary of the People's General Committee of the Public Service, recommended that the competent authorities should amend section 38 of the Labour Code in order to bring it into conformity with this provision of the Convention. The Committee trusts that this amendment will be adopted very shortly.