Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Libya (Ratification: 1962)

Legislative issues. The Committee notes the Government’s indication that the new Labour Code and the new Law on Trade Unions have been finalized, through consultation with the social partners, and that both texts will be enacted once the new Constitution is adopted. The Committee welcomes the Government’s indication that the new draft laws comply with international labour standards and include, as requested by the supervisory bodies, specific provisions on collective barging, collective agreements and social dialogue. The Committee trusts that the new Labour Code and the new Law on Trade Unions will be adopted in the very new future and that all issues it has raised will be taken into account. The Committee requests the Government to provide a copy of the new Labour Code and Law on Trade Unions once adopted.

Article 1 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee had previously requested the Government to indicate whether fines between 200 and 500 Libyan dinars (LYD) (US$142.74–$356.86) provided for under section 121(3) of the Labour Relations Act (2010) were applicable to acts of anti-union discrimination prohibited by section 3 (favouritism or discrimination on the grounds of trade union membership) and section 77 (termination of employment due to trade union membership or participation in a trade union activity) of the Labour Relations Act and to indicate any other regulations providing for sanctions against anti-union discrimination. The Committee notes the Government’s indication that section 30 of the new draft Law on Trade Unions establishes pecuniary sanctions for impeding the exercise of trade union activities and that section 62 provides protection against acts of interference on the part of employers (hindering or suspending the exercise of trade union activities and forcing workers to join a trade union or withdraw from it) as well as protection against anti-union discrimination, due to their trade union membership or activities. Noting that the Government did not provide information on whether, under the current legislation, the sanctions provided for under section 121(3) of the Labour Relations Act were applicable to acts of anti-union discrimination and termination of employment (sections 3 and 77 of the Labour Relations Act), the Committee reiterates its previous request. It further requests the Government to provide information on the number of complaints filed with the competent authorities with regard to cases of interference and anti-union discrimination and the outcome of investigations and court proceedings. Taking due note of the information provided by the Government regarding the protection afforded by the new Law on Trade Unions, the Committee requests the Government to provide detailed information on the sanctions provided for in future legislation.

Articles 4 and 6. Scope of the Convention. Right of collective bargaining of public servants not engaged in the administration of the State. In its previous comments, while noting the forthcoming adoption of the new Labour Code and the new Law on Trade Unions, the Committee requested the Government to specify whether both legislative texts will be applicable to public servants not engaged in the administration of the State with regard to their collective bargaining rights. The Committee observes that the Government does not provide specific information in this respect. Recalling that only public servants engaged in the administration of the State may be excluded from the scope of the Convention and that the determination of this category of workers is to be made on a case-by-case basis, in light of criteria relating to the prerogatives of the public authorities, the Committee therefore requests the Government to indicate how it intends to ensure that public servants not engaged in the administration of the State will enjoy, under the new Labour Code, the new Law on Trade Unions, or other legislation, their collective bargaining rights.