Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Minimum Wage Fixing Convention, 1970 (No. 131) - Libya (Ratification: 1971)

The Committee notes that the information provided by the Government does not provide a response to the questions raised in the previous direct request. The Committee is thus obliged to repeat the questions raised in the previous comments, having updated them. It trusts that the Government will ensure that the necessary clarifications are provided together with, where necessary, copies of the documents requested.

1. The Committee notes that, according to the Government, the provisions of the Wages Act No. 15 (1981) do not apply to contracts concluded with organizations, companies, natural persons or other administrative employers, and that it is the responsibility of the general assemblies of these employers to determine the rules for fixing their wages. In addition, the Government points out that the situation of the workers currently working in the entities in question is governed by this Act with effect from the beginning of the financial year following its entry into force. The Committee again requests the Government to specify whether certain sections of the Wages Act and of the Regulations adopted pursuant to the Labour Code have been amended following consultations between the competent authority and the representative organizations and, if so, to provide the texts of the amendments in question. The Government is also requested to provide a copy of the texts of the Wages Act No. 31 (1994) and the Wages Act No. 15 (1981), together with all the other provisions in force relating to minimum wages.

2. The Committee once again requests the Government to provide information on the machinery for fixing minimum wages applicable to all categories of workers, or on the elements taken into consideration in determining the level of minimum wages, as set out in Article 3 of the Convention.

3. The Committee once again requests the Government to indicate whether the machinery for fixing minimum wages also provides for them to be adjusted from time to time, and whether representative organizations of workers and employers participate in the operation of this machinery, in accordance with Article 4.

4. Finally, in accordance with Article 5 and Part V of the report form, the Committee requests the Government to provide information on the effective application of the provisions relating to the activities of labour inspection services with a view to ensuring that minimum wage levels are respected (number of infringements recorded, penalties imposed and so on).