Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Protection of Wages Convention, 1949 (No. 95) - Libya (Ratification: 1962)

The Committee recalls its previous observations concerning the recurrent incidents surrounding the massive expulsion of foreign undocumented workers and the alleged non-payment of wages owed to those workers. The Committee notes the Government’s report as well as the report of the technical assistance mission to the Libyan Arab Jamahiriya undertaken by the Office in July 2007. The five-day mission was scheduled as a follow-up to the discussion that took place in the Conference Committee on the Application of Standards in June 2006. The purpose of the technical assistance mission was principally to assess the current situation with respect to the treatment of irregular foreign workers in the light of the requirements of Conventions Nos 95 and 111, and to obtain information on any concrete measures the Government might have taken in this regard. The mission was also to address broader issues concerning the application of ratified Conventions in the light of the Committee’s pending comments and to evaluate the need for technical assistance in order to formulate initial proposals for targeted initiatives.

Having duly examined the Office report, the Committee is satisfied that a series of open and constructive discussions with government officials, public institutions and employers’ and workers’ organizations – characterized by a high level of cooperation on the part of the Libyan authorities – permitted the clarification of a number of issues and a direct dialogue on certain recent legislative developments affecting the application of Convention No. 95. The Committee notes with interest, in particular, the adoption of a Ministerial decision for the regularization of foreign workers and the contractual arrangements put in place to prevent the recurrence of past incidents as well as the establishment of a multi-ministerial committee with the participation of the workers’ organization to resolve any claims illegal immigrants might have before deportation orders can be issued.

More concretely, the Committee notes that according to Decision No. 20/2007 of the General People’s Committee for Manpower, Training and Employment on some provisions concerning the organization, import and employment of foreign labour, anyone wishing to enter the country for work would hereafter be obliged to conclude an employment contract in advance and have that contract endorsed by the Libyan authorities in the country of origin whilst all foreign workers currently present in the country would have until 31 July 2007 to regularize their situation by undergoing a medical examination and obtaining a valid employment contract. Moreover, by Decision No. 56/2006 of the Council of Ministers, a multi-stakeholder committee – composed of members of the security forces, immigration services, consular services, the Ministries of Manpower and Foreign Affairs and also workers’ representatives – was set up with a view to examining any claims irregular foreign workers might have before being expelled from the country. According to the new arrangement, undocumented foreign workers who have wage-related claims could not be expelled until such claims are reviewed and they sign a document certifying that all outstanding payments have been settled. The Committee welcomes these developments and will be interested to learn of their effectiveness in preventing the recurrence of events such as those which occurred in three distinct periods in the past. It recalls, in this connection, that Convention No. 95 covers regular and irregular workers alike in so far as the payment of wages on time and in full is concerned, and therefore matters such as immigration policy or administrative measures against clandestine workers should not impact on its application. The Committee therefore requests the Government to provide detailed information, including all available statistics, on the practical implementation of the new measures concerning the regularization of foreign workers and the setting up of the standing committee to review claims of irregular workers facing expulsion.

In addition, the Committee notes that according to the information provided by the Government in its last report, the total number of workers from neighbouring countries who have been deported so far is 9,424 while the amount of US$1.88 million has been paid to them in the form of pocket money before their departure. As it is not clear to which period the above statistical information refers, the Committee would be grateful if the Government would provide additional explanations in this respect.

As regards the application of Articles 2, 4, 7 and 8 of the Convention, the Committee notes the explanations given by the Government to the technical assistance mission concerning the provisions of existing legislation and the commitment to amend the relevant provisions of the Labour Code concerning the coverage of agricultural workers and the setting of an overall limit to the permissible amount of payment in kind. In this respect, the Committee understands that a copy of the draft Labour Relations Act in its current reading has been submitted to the Office for technical comments. It also understands that the new draft legislation, which is now before the General People’s Congress for review, is a consolidated text composed of three parts, one on the employment relationship and labour conditions, one on the public service, and one on industrial relations. The Committee asks the Government to keep it informed of any developments regarding the finalization and adoption of the new Labour Relations Act, in particular, any legislative changes following up on the recommendations of the ILO technical assistance mission.