Solicitud directa (CEACR) - Adopción: 1989, Publicación: 76ª reunión CIT (1989)

Convenio sobre la edad mínima, 1973 (núm. 138) - Libia (Ratificación : 1975)

1. Article 3 of the Convention. The Committee notes, from the Government's reply to its previous direct request, that a recommendation has been made to the competent authorities to amend section 92 of the Labour Code so as to provide clearly that the minimum age for admission to normal work is 15 years and the minimum age for dangerous work 18 years. The Committee would point out that section 92 of the Labour Code already provides that an order of the Ministry of Labour shall determine the jobs and branches of economic activity in which it shall be prohibited to occupy young persons under 18 years of age; such jobs and branches of economic activity are defined in the Order of 18 October 1972, which nevertheless do not include any job or activity likely to jeopardise morality. In its previous comments, the Committee had requested the Government to consider fixing a minimum age of 18 years also for certain jobs which may be prejudicial to the morals of young persons. The Committee hopes that the next report will contain information in this regard.

2. The Committee notes that the report does not contain any information in reply to the following points, which were raised in its previous direct request:

Article 2, paragraph 1, of the Convention.

- The Committee notes the Government's statement in reply to its previous comments that section 92 of the Labour Code also applies to the various types of work performed outside an employment relationship and self-employed young persons. Since section 1 of the Code provides that the provisions of the Code "shall apply to all persons who are employed under a contract of employment", the Committee would be grateful if the Government would indicate in its next report the legal provisions or regulations which prohibit the work of young persons of less than 15 years of age on their own account, or to supply the text of any administrative circular or court judgement interpreting section 92 of the Labour Code in the manner mentioned by the Government.

- The Committee had indicated that section 1(a) to (e) of the Labour Code excludes from its scope certain categories of workers which are covered by the Convention, and requested the Government to take the necessary steps to provide them with the protection required by the Convention. Since the Government has not provided any information on this point in its last report, the Committee again requests it to indicate in its next report the measures taken or envisaged to apply the legislative provision on minimum age to those categories of workers.

Point V of the report form. The Committee notes the Government's assurances that it will supply in the near future the information required by point V of the report form on the manner in which the Convention is applied in practice. It hopes that this information will be contained in the next report.

The Committee trusts that the next report will contain the information requested.