Night Work (Women) Convention (Revised), 1948 (No. 89) - 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 3 of the Convention. Prohibition of night work for women. The Committee understands that a new draft Labour Code is under preparation, with ILO technical assistance, that no longer contains a general prohibition against the night work of women in industry. The Committee notes that removing that prohibition is consonant with the current trend favouring the review of all gender specific protective legislation with a view to gradually eliminating all provisions contrary to the principle of gender equality and non-discrimination – except those connected with maternity protection – while taking due account of national circumstances.Welcoming every effort to improve employment opportunities for women and to ease the constraints hindering their employment, the Committee hopes that the new Labour Code once promulgated will lift the ban on women’s night work. The Committee also hopes that the Government will give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171), which sets out up-to-date standards for the protection of all night workers irrespective of gender, and requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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 3 of the Convention. Prohibition of night work for women. The Committee understands that a new draft Labour Code is under preparation, with ILO technical assistance, that no longer contains a general prohibition against the night work of women in industry. The Committee notes that removing that prohibition is consonant with the current trend favouring the review of all gender specific protective legislation with a view to gradually eliminating all provisions contrary to the principle of gender equality and non-discrimination – except those connected with maternity protection – while taking due account of national circumstances. Welcoming every effort to improve employment opportunities for women and to ease the constraints hindering their employment, the Committee hopes that the new Labour Code once promulgated will lift the ban on women’s night work. The Committee also hopes that the Government will give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171), which sets out up-to-date standards for the protection of all night workers irrespective of gender, and requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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

Article 3 of the Convention. Prohibition of night work for women. The Committee understands that a new draft Labour Code is under preparation, with ILO technical assistance, that no longer contains a general prohibition against the night work of women in industry. The Committee notes that removing that prohibition is consonant with the current trend favouring the review of all gender specific protective legislation with a view to gradually eliminating all provisions contrary to the principle of gender equality and non-discrimination – except those connected with maternity protection – while taking due account of national circumstances. Welcoming every effort to improve employment opportunities for women and to ease the constraints hindering their employment, the Committee hopes that the new Labour Code once promulgated will lift the ban on women’s night work. The Committee also hopes that the Government will give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171), which sets out up-to-date standards for the protection of all night workers irrespective of gender, and requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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

Article 3 of the Convention. Prohibition of night work of women. Further to its previous comment, the Committee notes the Government’s statement that it is making every effort to improve employment opportunities for women and to ease the constraints hindering their employment. The Government adds that a thorough study of the 1990 Protocol to Convention No. 89 will be carried out in the light of prevailing social conditions before any decision about its possible ratification is taken.

In this connection, the Committee wishes to draw once more the Government’s attention to the fact that member States are increasingly required to initiate a review process of their protective legislation aiming at the elimination of any provisions contrary to the principle of equal treatment between men and women, except those connected with maternity protection, and with due account being taken of national circumstances. This trend reflects also the growing expectation that the same standards of protection should apply to men and women alike in accordance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and also the widely ratified UN Convention on the Elimination of All Forms of Discrimination Against Women (to which, parenthetically, the Libyan Arab Jamahiriya acceded in 1989).

In the light of these observations, the Committee hopes that the Government will give favourable consideration to the possibility of ratifying the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all night workers in all branches and occupations. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report according to which section 96 of Act No. 58-2970 of 1 May 1970 establishing the Labour Code continues to give effect to the Convention.

The Committee takes this opportunity to refer to paragraphs 191-202 of its 2001 General Survey on the night work of women in industry, in which it observed that the present trend is no doubt to move away from a blanket prohibition against women’s night work and to give the social partners the responsibility for determining the extent of the permitted exemptions. It also noted that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and strengthening non-discrimination. The Committee further recalled that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (to which parenthetically the Libyan Arab Jamahiriya acceded in 1989), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.

More concretely, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers, but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. It also suggested that greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify the new Night Work Convention, 1990 (No. 171), to realize the advantages of modernizing their legislation in line with the provisions of the Protocol. Therefore, the Committee invites once more the Government to give favourable consideration to the ratification of the 1990 Protocol which affords greater flexibility in the application of the Convention while remaining focused on the protection of female workers. The Committee asks the Government to keep the Office informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report.

The Committee notes that section 96 of Act No. 58-2970 of 1 May 1970 establishing the Labour Code appears to allow for much broader exceptions to the prohibition of night work for women than those permitted under the Convention since it provides that the Minister of Labour and Social Affairs may authorize exceptions to the prohibition of night work for women in such cases, circumstances and occupations as he may determine by Order.

The Committee trusts that the necessary measures will be adopted in the near future to ensure that any exceptions to the night work prohibition are strictly limited to the cases specified in Articles 4 (force majeure and perishable goods), 5 (national interest) and 8 (managerial and technical posts and health services) of the Convention. The Committee requests the Government to keep it informed of any progress achieved in this regard.

The Committee also notes the Government’s indication that a new draft Labour Relations Code has been prepared and is currently under consideration by different parties including employers’ and workers’ organizations. The Committee requests the Government to communicate the text of the new legislation as soon as it is adopted.

Finally, recalling the conclusions of this year’s General Survey on the night work of women in industry (paragraphs 191-202), the Committee wishes to invite the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171), or the Protocol of 1990 to Convention No. 89. The Committee requests the Government to report on any decisions taken in this matter.