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

Equal Remuneration Convention, 1951 (No. 100) - Libya (Ratification: 1962)

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Article 2 of the Convention. Application in practice of the principle of equal remuneration for women and men for work of equal value. The Committee notes the Government’s indication, in its report, that there is no difference in the salaries that women and men receive in ministries and public institutions. By a decision of the Council of Ministers, salaries are set based on qualification and experience, irrespective of gender. However, the Committee notes that, once again, the Government has not provided the statistical data requested on the number of women and men employed in the public and private sectors at the various wage levels and grades, nor on any other information demonstrating how the principle of the Convention is applied in practice. In this regard, the Committee recalls that an analysis of the position and pay of women and men in all job categories, within and between sectors, is required to address fully the continuing remuneration gap between women and men and that the collection of appropriate statistics are needed in order to undertake an assessment of the nature and extent of the pay gap (see the General Survey of 2012 on the Fundamental Conventions, paragraph 888). In order to be able to assess the manner in which the principle of the Convention is applied in practice, the Committee requests the Government to: (i) provide information on any measures taken or envisaged to collect statistical data on the number of women and men employed in the public and private sectors at the various wage levels and grades; and (ii) share the statistical data collected, once available.

Application of the principle of equal remuneration to part-time work. The Committee notes the absence of information regarding its previous comments. It recalls that the part-time work system regulated by the Decision of the People’s Congress No. 164 of 1985 applies only to women and that, in situations where part-time workers are mostly or exclusively women, a generally lower level of remuneration for part-timers may have an adverse impact on the overall wage gap between women and men. The Committee once again requests the Government to: (i) indicate whether Decision No. 164 of 1985 is still in force and, if so, to indicate the measures taken to ensure that part-time employment is not under-remunerated in relation to full-time employment; (ii) provide information on the measures taken or envisaged to collect updated statistical information on the levels of remuneration of women working part time in the various economic sectors in comparison with full-time women and men employees in the same sectors; and (iii) share the statistical data collected, once available.

Application of the principle to foreign workers. The Committee notes, from the publication of the International Organization for Migrations (IOM) Libya Migrant Report Round 41 (February–April 2022), that over two in five migrants interviewed between February and April 2022 were employed in elementary occupations, such as in construction, farming and manufacturing work (unskilled labourers) as well as cleaners (43 per cent). A minority (14 per cent) were working in the craft and related trade sector, as car mechanics, tailors, blacksmiths or carpenters, for example. A total of 12 per cent of migrants were employed as technicians or in associate professions, in occupations including construction, mine and manufacturing skilled labourers. Other sectors such as service and sales, agriculture and forestry (skilled labourers), plant and machine operations, and management accounted for 32 per cent of employment. Once again noting that the Government’s report does not contain any information in reply to its previous requests, the Committee find itself obliged to reiterate its requests that the Government: (i) provide information on the measures taken or envisaged to collect statistics disaggregated by gender on the grades and wages of non-nationals in the various occupational categories; and (ii) share the statistical data collected, once available.