Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

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

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

1. For many years, the Committee has been pointing out that certain provisions of the national legislation do not sufficiently implement or are not in conformity with the Convention, namely:

- section 34 of Act No. 107 of 1975 concerning trade unions, which provides protection against acts of discrimination for trade union activities during the employment relationship, but not at the time of the recruitment of a worker (Article 1 of the Convention);

- sections 63, 64, 65 and 67 of the Labour Code, which require the clauses of collective agreements to be in conformity with the economic interest (Article 4), whereas, in the Committee's opinion, rather than subjecting the validity of collective agreements to government approval, steps should be taken to persuade the parties to collective bargaining to have regard voluntarily to major economic and social policy considerations of general interest invoked by the Government (see paragraph 318 of the 1983 General Survey on Freedom of Association and Collective Bargaining);

- the absence of provisions ensuring adequate protection against acts of anti-union discrimination and granting the right of collective bargaining to public servants not engaged in the administration of the State, to agricultural workers and to seafarers.

The Committee notes that the National Commission that has been given the task of examining international labour Conventions has recommended that sections 4(d) and 34 of the Act of 1975, and sections 63, 64, 65 and 67 of the Labour Code be repealed or amended.

The Committee emphasises the necessity of adopting measures to guarantee protection against acts of anti-union discrimination and to secure the right to bargain collectively for public servants not engaged in the administration of the State, agricultural workers and seafarers.

It hopes that the Government will make every effort to take the necessary measures in the very near future and that it will supply information in its next report on any progress that has been achieved on these various points.