Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

Convention (n° 138) sur l'âge minimum, 1973 - Libye (Ratification: 1975)

Article 3 of the Convention. With reference to its previous comments on this provision, the Committee notes the recommendation made by a committee responsible for examining international labour Conventions and Recommendations, proposing the amendment of section 92 of the Labour Code so that it is expressly provided that the age of admission to ordinary work is 15 years and that the minimum age for dangerous work is 18 years. The Committee wishes to draw the Government's attention to the fact that section 92 of the Labour Code already provides that a Ministry of Labour Order shall determine the work and branches of economic activity in which young people of under 18 years may not be employed; the jobs and branches of economic activity are defined in the Order of 18 October 1972, which does not include any job or activity likely to jeopardise morals. In its previous comments, the Committee requested the Government to establish a minimum age of 18 years for certain jobs which might be prejudicial to the morals of young people. The Committee hopes that the next report will contain information on this subject.

2. The Committee notes that the report contains no information in reply to the following questions which it already raised in its previous direct request:

Article 2, paragraph 1. 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 to self-employed young persons. Since section 1 of the Code stipulates 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 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 provided no 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 Government will be able to provide the information requested on these points.