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

Libya

Holidays with Pay Convention, 1936 (No. 52) (Ratification: 1962)
Night Work (Women) Convention (Revised), 1948 (No. 89) (Ratification: 1962)

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.