Labour Inspection Convention, 1947 (No. 81) - Libya (Ratification: 1971)

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

The Government has supplied the following information:

Referring to Article 20 of the Convention, the Government emphasised the changes in the powers of the Secretariat of the Popular Committee for Vocational Training. In 1989 this Secretariat had been entrusted with the supervision of foreign manpower and its employment. In 1990 the powers of the Secretariat were extended to cover national manpower and the Committee has given special attention to labour inspection. The Committee's Secretariat appoints labour inspectors in each of the seven municipalities of the country and gives them the status and competence of members of the judicial police. As a result, the training and manpower offices in the municipalities have been reorganised. At the beginning of 1991, the Government organised a general inspection drive in which 30 employment inspectors participated in six working groups. Two hundred and fifty-four places of work were inspected in the different regions. During such visits the inspectors informed employers and workers on occupational safety and health. Violations were noted and many cases were brought before the courts. The inspection machinery is currently undergoing reorganisation and new inspectors will be named after a period of training.

In addition, a Government representative indicated that the observation of the Committee of Experts was based on a labour inspection report for 1987 and 1988, by the Department of Labour in Tripoli. He reiterated written information provided to the Conference Committee and referred to the programme of inspection for 1991, giving the number of inspections carried out and violations recorded.

The Employers' members believed that a small step forward had been made inasmuch as the Government had just submitted its first annual report under Articles 20 and 21 of the Convention which was ratified 21 years ago. It would be for the Experts to decide initially if the report was complete. In any event, it was appropriate to expect that such reports would be submitted regularly in future, so that the Government would be in compliance with the obligations arising from the Convention.

The Workers' members did not entirely share the optimism of the Employers' members. In the previous year when the identical case had been discussed, the Government had undertaken to submit without delay a report on the Convention, and the same thing had occured in 1988. Up to the present time these undertakings had not been honoured. In the case of the Libyan Arab Jamahiriya, it was not possible to accept arguments of an economic or administrative nature. It was regrettable to note that this country was one those which usually submitted its reports after the Committee of Experts had finished its work and before the Conference began. It would be desirable to adopt firm conclusions, and to emphasise that the Government should change its attitude respecting the obligations arising from the Convention.

The Government representative stated that the delay in submitting the reports could be explained by the difficulties in the procedures necessary for their compilation but were also due to the sanctions imposed on his country. Similarly it would be desirable to have received the observations of the Committee of Experts in Arabic without the delays which had occured in that year.

The Committee noted the information submitted by the Government. It also noted that the Government had in the meantime submitted a detailed report to the ILO. It regretted that the report had not been sent within the prescribed time-limit and that it had thus not been in a position to discuss the contents of the said report during the present meeting. The Committee hoped to be in a position to do this at one of its next meetings.

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

A Government representative explained that the reasons for failing to send a report under this Convention were due to administrative difficulties caused by the transitional period required for the redistribution of responsibilities between two secretariats. Now all the necessary information had been collected and the Government had the intention to fulfil its obligations under the Convention and to supply the report within the prescribed time-limits.

The Workers' members emphasised the importance of supplying complete inspection reports as provided for under the Convention, which would permit checking whether the Convention and the national legislation were complied with in practice. Noting the fact that this case had been already previously discussed, in particular in 1988, and that the Government nevertheless had not complied with its reporting obligations and had not replied to the Committee of Experts' comments, the Workers' members considered that the Committee should adopt firm conclusions on the subject.

The Employers' members, recalling the previous discussions of this case, and noting that in the absence of the report of the Committee of Experts had to repeat its previous comments, stated that since the ratification of the Convention the Government had not supplied the information requested. These considerable shortcomings should be reflected in the conclusions.

The Government representative took note of the comments made by the Employers' and Workers' members.

The Committee took note of the report of the Committee of Experts and of the information supplied by the Government representative. Recalling its 1988 conclusions, the Committee noted with great concern that the Government for several years had not sent in the annual inspection reports in accordance with Article 21 of the Convention. It expressed the firm hope that in the future the Government would fully comply with the obligations arising out of the Convention.

Individual Case (CAS) - Discussion: 1988, Publication: 75th ILC session (1988)

The Government has communicated the following information:

In response to the comments of the Committee of Experts, the Government indicates that the decision of the Secretary of the General Peoples Committee of the Public Service No. 163 of 1985 deals with all questions which have been raised by the Committee of Experts in comments during previous years. The Government is currently gathering information on the subject of application of legislation currently in force. It will communicate to the Office, in the near future, a report as required by Articles 20 and 21 of the Convention.

In addition a Government representative referring to the observations made by the Committee of Experts on the non-receipt of the Government's report, stated that it had been sent to the ILO after the meeting of the Committee of Experts. Amendments had been made to national legislation in June 1985 which corresponded to the spirit of the Convention. Labour inspection was carried out with the aid of several bodies although this activity fell within the competence of the popular committees for public service at the municipal level through their sections for inspection. As the Government had indicated in its reports, competent people in the Social Security Fund regularly inspected workplaces, and in urgent cases checked working conditions in regard to the health and safety of workers. A technical committee had been set up which carried out regular inspections in factories and was responsible for working conditions and the implementation of health and safety programmes in industrial enterprises. This Committee submitted reports and made observations and recommendations. In future reports the Government would communicate detailed information on the application of the Convention with particular regard to Articles 20 and 21. The Government representative thanked the ILO and the Committee of Experts for their efforts and assistance.

The Workers' members noted the information provided by the Government on their efforts to make labour inspection more efficient and to apply the Convention fully. Technical assistance in this matter had been welcome. This was not the first time that the question of non-submitted reports in accordance with Articles 20 and 21 of the Convention was dealt with. They emphasised the importance of these reports which should contain statistics and information on the subjects listed in Article 21. In agreement with the Committee of Experts, the Workers' members considered that the communication of these reports was important as a means of assessing the practical results of labour inspection activities. They regretted that reports on labour inspection activities had not been sent, and insisted that these reports be sent in the future.

The Employers' members also emphasised the important function of labour inspection. They noted that no report on these activities had been sent for 17 years and hoped that the Government would provide these reports shortly.

The Government representative said that reports had been sent in previous years but these had not followed the model required by the ILO, though they did contain a large amount of detailed information. Reports would be sent in time for the next meeting of the Committee which would include reports on labour inspection in factories and industrial enterprises.

The Committee noted the written and oral information provided by the Government, in particular the explanation on the difficulties in the elaboration and despatch of the reports. The Committee noted that the yearly reports on labour inspection had not been submitted since the ratification of the Convention. The Committee hoped that the Government would comply completely with its obligations arising out of the present Convention.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

While recognizing the difficult situation in the country, the Committee notes that the Government report contains no information in response to its previous comments on Articles 3(2) and 5(a) (additional functions of labour inspectors and cooperation between the inspection services and other government services), Article12(1)(a) (scope of the right of free entry of inspectors into workplaces liable to inspection) and Article 16 (frequency and thoroughness of inspections). The Committee is therefore bound to repeat its previous requests concerning these Articles, including for information regarding specific measures taken or envisaged to ensure effective application of these Articles.

Legislation. The Committee notes that the Government indicates in its report that the Ministry of Labour and Rehabilitation has prepared a new bill updating Law No. 12 of 2010 on labour relations. The Government indicates that this draft law has not yet been promulgated. The Committee requests the Government to provide information on any progress made in the legislative reform process and encourages it to ensure that such reform takes into account the issues addressed below, with a view to ensuring conformity of the legal framework with the Convention. The Committee also requests the Government to submit a copy of Decision No. 116 of 2021 of the Minister of Labour and Rehabilitation, which promulgates the Occupational Health and Safety Regulations.

Articles 1, 4, 6 and 7 of the Convention. Organization of the labour inspection system, status and conditions of service of labour inspectors and their recruitment and training. The Committee notes the Government’s indication that the new bill updating Law No. 12 of 2010 provides that: (i) it shall be observed in the appointment of inspectors that they hold academic qualifications appropriate to the work that they perform, and that they display impartiality, objectivity, honesty and dedication in their work (section 221(1)); (ii) the Legal Directorate and the Directorate of Human Resources are authorized to verify such qualifications (section 221(1)); and, (iii) the Ministry of Labour and Rehabilitation shall prepare training programmes for inspectors, which shall be developed in order to enhance their theoretical, scientific and practical capacities (section 223). While taking note of this information, the Committee notes the absence of information relating to its previous comments and therefore once again requests the Government to indicate whether an order has been issued pursuant to section 114 of Law No. 12 of 2010 regarding the organization of the system of labour inspection, the recruitment and training of labour inspectors, and their status and conditions of service and, if so, to provide a copy with its next report.

Articles 20 and 21. Publication and content of the annual report. With regard to its previous comments on the preparation, publication and submission to the ILO of annual labour inspection reports, the Committee notes the Government’s indication that: (i) reports prepared by labour inspectors at the various labour offices are collected by the Directorate General of Labour Inspections; and (ii) a detailed annual report supported by disaggregated statistical data is issued on the basis of those reports. The Committee requests the Government to submit copies of the annual reports drawn up on the basis of the information collected by the Directorate General of Labour Inspections from the reports prepared by the inspectors.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. The Committee welcomes the submission by the Government of a copy of Law No. 12 of 2010 on labour relations with its report. It also notes the Government’s indication that it is developing a new draft Labour Code. The Committee encourages the Government to take into consideration the Committee’s comments on the application of the Convention during the process of revising its labour legislation.

Articles 1, 4, 6 and 7 of the Convention. Organization of the labour inspection system, status and conditions of service of labour inspectors and their recruitment and training. The Committee notes that section 114 of Law No. 12 of 2010 on labour relations states that the competent authority shall issue an order setting out the system of inspection and the criteria for the selection of inspectors, as well as their training, duties, salaries and the forms used in their work. The Committee requests that the Government indicate whether an order has been issued pursuant to section 114 of Law No. 12 of 2010 regarding the organization of the system of labour inspection, the recruitment and training of labour inspectors, and their status and conditions of service and, if so, to provide a copy with its next report.

Articles 3(2) and 5(a). Additional functions of labour inspectors and cooperation between the inspection services and other government services. The Committee previously noted the Government’s indication that the inspection services cooperate with the passports bureau for the legalization of work visas and the repatriation of illegal workers who are working in violation of the legislation regulating labour and employment. The Committee notes the Government’s statement that collaboration between the labour inspectorate and the passports bureau is restricted to the granting of entry and residence visas, intended for foreign workers who are authorized to work in the country by the offices of the Ministry of Labour and Capacity Building. This collaboration ensures that non-Libyan workers, regardless of their status, obtain their rights prior to repatriation, as it obliges the labour office to settle all of the workers’ entitlements relating to wages, overtime and other benefits for the period that they were employed. The Government indicates that, to this end, labour inspectors prepare a report which is then signed by both parties. The Committee requests that the Government provide further information on the activities of labour inspectors related to the enforcement of employers’ obligations with regard to the statutory rights of migrant workers, including in cases where such workers are liable to expulsion or have already been expelled by the immigration authorities.

Article 12(1)(a). Scope of the right of free entry of inspectors into workplaces liable to inspection. The Committee notes that, pursuant to section 112 of Law No. 12 of 2010, labour inspectors shall have the right to enter workplaces, during working hours, by day or night, in order to perform their duties freely and without prior notification. In this regard, the Committee draws the Government’s attention to paragraph 270 of its 2006 General Survey on labour inspection, where it explained that the protection of workers and the technical requirements of inspection should be the primary criteria for determining the appropriate timing of visits, and that this may warrant inspections outside of working hours. In this respect, the Committee requests that the Government provide information on any measures taken or envisaged to ensure that the powers of entry of labour inspectors are extended to any hour of the day or night regardless of the working hours in the workplaces liable to inspection, in line with Article 12(1)(a).

Article 16. Frequency and thoroughness of inspections. The Committee notes the Government’s statement that between 2010 and 2013 the work of the labour inspectorate was restricted to receiving complaints concerning the non-payment of wages from employees of foreign companies that had withdrawn from Libya due to the situation in the country. Taking note of the difficult situation in the country, the Committee requests that the Government provide information on the measures taken or envisaged to ensure that the Occupational Safety and Labour Inspection Department undertakes inspections of workplaces as often and as thoroughly as necessary to secure the effective application of the legal provisions covered by the Convention, in accordance with Article 16.

Articles 20 and 21. Publication and content of the annual report. The Committee notes the Government’s indication that the Occupational Safety and Labour Inspection Department published a quarterly report in 2013. The Government also indicates that section 111 of Law No. 12 of 2010 requires labour inspectors of the Occupational Safety and Labour Inspection Department to submit periodic reports on inspections, based on the forms prepared for this purpose. The Government indicates that it will submit any new reports published by the Department as soon as the situation in the country improves. The Committee encourages the Government to continue to make efforts to ensure that an annual labour inspection report, containing information on all the points covered by Article 21, is prepared, published and sent to the ILO.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. The Committee notes that the Government’s report only refers to legal provisions in relation to the application of Articles 2(2) and 14 of the Convention. The Committee asks the Government to provide further information on the specific provisions of the relevant legislation giving effect to the various Articles of the Convention, and to communicate copies of the relevant texts, if possible in one of the ILO’s working languages.

Articles 3(2) and 5(a) of the Convention. Additional functions of labour inspectors. Cooperation between the inspection services and other government services. The Committee notes the information from the Government’s report that the inspection services cooperate with the passports bureau for the legalization of work visas and the repatriation of illegal workers who are working in violation of the legislation regulating labour and employment. The Committee reminds the Government that the aim of the cooperation referred to in Article 5(a) is to strengthen the means available to inspectors to enforce the legal provisions on working conditions and the protection of workers (Articles 2 and 3(1)). Referring to paragraph 161 of its 2006 General Survey on labour inspection, the Committee also reminds the Government that cooperation with immigration authorities should be carried out cautiously, keeping in mind that the main objective of the labour inspection system is to protect the rights and interests of all workers and to improve their working conditions. The Committee requests the Government to provide information on the conditions and modalities under which the labour inspection collaborates with the passports bureau and on the impact of this collaboration in relation to the protection of workers regardless of their status. It also requests the Government to indicate the manner in which the labour inspectorate ensures the discharge of employers’ obligations (notably payment of wages and other benefits owed for work done during the period of the effective employment relationship) with regard to undocumented workers in an irregular situation from the point of view of residence status, including in cases where such workers are liable to expulsion or have already been expelled by the immigration authorities.

Articles 19, 20 and 21. Publication and content of the annual report. The Committee notes that, according to the Government, measures taken for the preparation of reports include, inter alia, the preparation of forms and tables related to statistics on inspection units in the regions; and the use of computers to enter information related to daily inspection work for reference in the preparation of periodic reports. The Committee requests the Government to continue to make efforts to ensure that effect is given, at the earliest possible date, to Articles 19, 20 and 21 of the Convention through the publication and communication to the Office of an annual inspection report containing the information set out in Article 21(a)–(g).

Observation (CEACR) - adopted 2010, published th ILC session ()

Articles 20 and 21 of the Convention. Annual report on labour inspection activities. Further to its previous observation, the Committee notes the information provided by the Government concerning the legal texts on the prosecution of reported violations in respect of conditions of work and the protection of workers. However, it notes with regret that the Government has still not taken measures to give effect to Articles 20 and 21 of the Convention, which establish the obligation for the central authority to publish an annual report on the work of the inspection services under its control and to provide a copy of it to the ILO. In these circumstances, the Committee does not have the necessary means to assess the operation of the labour inspection system and to evaluate the extent to which the Convention is applied in law and practice. Noting the Government’s commitment to provide the ILO at the end of 2010 with a report containing the data and statistics covered by Article 21 and observing that such a report has not been provided, the Committee requests the Government to do so in the very near future, and also to ensure that the report is published, and to provide information on the measures adopted for this purpose, the results achieved and the difficulties encountered.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3, paragraphs 1 and 2, and Article 5(a) of the Convention. Cooperation between the labour inspection services and judicial bodies with a view to improving the implementation of the legislation covered by the Convention. The Committee notes that, according to the Government, labour inspectors periodically file their reports of offences at the police station responsible for their area, which forwards them to the Public Prosecutor of the Republic. The latter refers them to the competent court for processing and a decision. According to the Government, this procedure illustrates the close cooperation that exists between labour inspectors, the police services, the public prosecutor and the courts. The Committee nonetheless notes that the statistics of offences reported in 2007 in the course of inspection visits and the action taken on them show no judicial follow-up. Furthermore, the 2007 annual inspection report contains information on a large-scale inspection campaign targeting filling stations, restaurants, shops, hotels and other commercial establishments and focusing on the detection of work permit infringements and breaches of the legislation on foreign labour, and indicates that legal procedures have been set up to regularize the situation of the persons concerned in coordination with the Prosecutor General and the provincial prosecutors with a view to investigating and settling cases referred by the labour inspectorate. The Committee notes first that these controls focused not on conditions of work (hours of work, wages, leave, weekly rest, employment of women and young persons, etc.) and the protection of workers in the exercise of their occupation (freedom of association, social security, etc.), but on enforcement of the legislation on foreign labour and work permits, and secondly that no information has been supplied indicating that judicial proceedings were initiated or concluded. The Committee would be grateful if the Government would send copies of the legislative or regulatory provisions that constitute the basis in law for the cooperation between the labour inspectorate and judicial bodies, together with information on the number and the subjects of the judicial decisions handed down following reports of contraventions submitted directly or indirectly by the labour inspectorate.

Articles 20 and 21. Reporting obligations on the activities of the labour inspectorate. The Committee notes that, as is the case with the statistics so far sent by the Government, the annual labour inspection report for 2007 is not in the form of a publication, as required by Article 20. The purpose of this obligation is to inform any authority that may be interested or concerned, and particularly employers and workers and their respective organizations, concerning the way in which the labour inspectorate functions, so that they may make any comments they deem fit or any proposals for improvement.

Furthermore, while the report contains detailed information on the composition and geographical distribution and by sex of the inspection staff (Articles 8, 10 and 21(b)), the data on inspection visits Article 21(d) are too scant and imprecise to allow an assessment of their frequency and quality or to determine the legal provisions covered by inspections. Table No. 3 on inspection visits in the hydrocarbons sector shows that, between 3 and 12 March 2007, 15 worksites and 80 enterprises were visited and 180 infringements were noted. The figures contained in table No. 4 are 6,704 restaurants and cafes, 1,346 pastry shops and bakeries, 40,676 commercial establishments, that is a total of 48,726 workplaces, in which 49,315 Libyan and 25,909 foreign workers were employed. These figures would appear to relate to an inspection programme covering these categories of establishments with a view to regularizing the situation of the persons that they employ. The Committee regrets that it has to emphasize that this information cannot serve as a basis for any evaluation of the mandate of the labour inspectorate or its coverage (Article 21(c) and (d)).

The statistics set out in two other tables (Nos 5 and 9) are completely identical. One purports to show inspections in the area of occupational safety and health and the other inspections with no specification as to the legal aspects covered. Their results are set out under the titles “measures taken”, “measures already taken”, “time limits set” and “files opened”. Such data cannot serve as a basis for any form of evaluation of the application of the Convention. Furthermore, no information is supplied on any sanctions that may have been imposed on offenders (Article 21(e)), or on occupational accidents (Article 21(f)) or cases of occupational disease (Article 21(g)). The Committee however noted in its previous comments the existence of legal provisions requiring the notification of statistics of occupational accidents and cases of occupational disease and the powers of labour inspectors in this respect. The Committee is therefore bound once again to emphasize to the Government how essential the annual report prescribed by the Convention is as an instrument for attaining the twofold objective assigned to it at both the national and international levels. The Committee invites the Government to refer to paragraphs 320 et seq. of the General Survey of 2006 on labour inspection, and to ensure that effect is given, at the earliest possible date, in both law and in practice, to Articles 20 and 21 of the Convention through the publication and communication to the Office of an annual report on the work of the inspectorate containing the information set out in Article 21(a)–(g). The Committee once again reminds the Government of the valuable guidance provided in the Labour Inspection Recommendation, 1947 (No. 81), regarding the presentation and appropriate level of detail of the information to be included so as to allow an accurate evaluation of how the labour inspection system functions and the determination of the resources needed for its gradual improvement.

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

Referring also to its observation, the Committee notes the Government’s concise report containing partial information in reply to its repeated previous comments concerning the application of Articles 14, 20 and 21 of the Convention and the documents attached thereto. It notes with interest that the Government sent Directive No. 5 of 1427 (2006), under which employers are required to communicate to the geographically competent employment offices quarterly statistics relating to industrial accidents and also, within 48 hours, to notify them of industrial accidents causing the death or disability of workers. The Committee notes that employers are also required to keep a register of accidents and cases of occupational disease, labour inspectors being responsible for a quarterly inspection of this register. The Committee would be grateful if the Government would send a copy of extracts from such registers, supply information on industrial accidents and cases of occupational disease disaggregated by the different branches of activity covered by the inspection system and indicate the follow-up action taken with regard to the information on industrial accidents and occupational diseases with a view to undertaking activities to establish a culture of prevention in high-risk establishments.

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

Articles 20 and 21 of the Convention. Obligation to publish and send an annual report on the work of the labour inspection services to the ILO. The Committee notes that, despite its repeated requests for many years, effect has still not been given to Article 20  concerning the central labour inspection authority’s obligation to publish and send an annual report on inspection activities to the ILO and to Article 21 concerning the information that such a report should contain with respect to the subjects covered in clauses (a) to (g). The various statistical tables on industrial accidents and workers in receipt of compensation or a pension contain no analysis enabling the Committee to evaluate the resources and results of labour inspection in terms of the prevention of occupational risks during the six-year period covered. No information is available concerning the number of workplaces liable to inspection, the number of workers occupied in them, the violations reported and the penalties imposed on those responsible for them, so that the data concerning the numbers of labour inspectors sent in each of these reports by the Government shed no light to enable an evaluation of the extent to which human resources are matched to the protection needs of workers in the country who should be covered by inspection services under the terms of the Convention. The Committee urges the Government to adopt measures to give full effect to the abovementioned Articles of the Convention on the basis of the developments described in its 2006 General Survey on labour inspection with regard to the usefulness at national and international level of the publication of an annual inspection report and its regular transmission to the ILO (paragraphs 320–345). It would be grateful if the Government would also refer to the valuable guidance contained in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), with regard to the drawing up of an annual report, which would help to achieve a true evaluation of the functioning of the labour inspection system and ongoing improvements to it.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee once again requests the Government to provide information on the measures taken to ensure, in accordance with Article 20 of the Convention, the publication and transmission to the ILO by the central inspection authority of an annual inspection report containing information on each of the items set forth in Article 21. The Committee reminds the Government that ILO technical assistance may be requested to facilitate the implementation of these provisions.

The Committee once again requests the Government to provide a copy of Order No. 3 of 1995 establishing the post of general supervisor of inspection, and Order No. 174 of 1995 issuing provisions pertaining to labour inspection, both of which were mentioned in a previous report.

Recalling that, in accordance with Article 14 of the Convention, the labour inspectorate shall be notified of industrial accidents and cases of occupational disease, and noting that the Labour Directive No. 2 of 1425 (Hegira) prescribes that they must be notified to the sole social insurance scheme, the Committee requests the Government to take measures to ensure that effect is given to this provision of the Convention and to inform the ILO of any progress in this matter.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s detailed report and the documents attached thereto. The Committee considers, however, that the information and legal texts provided do not allow an assessment of the extent to which the Convention is applied. It accordingly requests the Government once again to provide information on the measures taken to ensure, in accordance with Article 20 of the Convention, the publication and transmission to the ILO by the central inspection authority, as required by Article 4, of an annual inspection report containing information on each of the items set forth in Article 21. The Committee reminds the Government that ILO technical assistance may be requested to facilitate the implementation of these provisions.

The Committee once again requests the Government to provide a copy of Order No. 3 of 1995 establishing the post of general supervisor of inspection, and Order No. 174 of 1995 issuing provisions pertaining to labour inspection, both of which were mentioned in a previous report.

Recalling that, in accordance with Article 14 of the Convention, the labour inspectorate shall be notified of industrial accidents and cases of occupational disease, and noting that the Labour Directive No. 2 of 1425 (Hegira) prescribes that they must be notified to the sole social insurance scheme, the Committee requests the Government to take measures to ensure that effect is given to this provision of the Convention and to inform the ILO of any progress in this matter.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report containing general information on the application of provisions of the Convention. It also notes that the Government has not responded to its comments of 1999 and 2000, despite its indication that it would do so through the appointment of an ad hoc technical commission.

1. Status of inspection staff; qualification and powers. The Committee again requests the Government to transmit copies of texts mentioned or cited in its previous reports, including Order No. 3 of 1995 providing for a new post of supervisor general of inspection, Order No. 174 of 1995 regarding labour inspection, and any legislation regarding the status of each category of staff carrying out labour inspection functions, the conditions of recruitment of such staff, and their powers.

2. Central authority and annual general report. According to information gathered by an ILO mission from 4 to 9 November 2001, labour inspection from now on operates in a decentralized fashion so that the production of an annual general report as stipulated in Articles 20 and 21 of the Convention cannot be envisaged. The Committee reminds the Government in this regard that, according to Article 4, paragraph 1, labour inspection should be placed under the supervision and control of a central authority responsible for the publication and transmission to the ILO of an annual general report on labour inspection whose contents should address matters defined in paragraphs (a)-(g) of Article 21. The Committee would be grateful if the Government took the necessary measures to give effect to each of the abovementioned provisions of the Convention and to keep the Office informed of any progress in this regard.

3. Protection of workers affected by serious illnesses. The Committee takes note of information according to which annual medical examinations of all workers is one of the principal obligations of the employer and that the treatment of workers affected by serious illnesses is paid by the employer until the illness is cured. It would be grateful to the Government if it would transmit the relevant texts.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government has not supplied the report in reply to the previous repeated comments but that the information requested would be provided by the ad hoc technical commission. It also notes that the annual report on the work of the labour inspection service provides some of the information requested under Article 21 of the Convention and does not appear to have been published as required by Article 20. The Committee also notes that no information has been supplied making it possible to ensure that employers’ and workers’ organizations have been informed of the data given in the annual inspection report in order to be able to give their opinion on the manner in which the Convention is or should be applied as provided in Part V of the report form. The Committee therefore requests the Government to supply, as soon as possible, a detailed report on the application of the Convention as well as replies to the Committee’s previous comments.

Noting in point 16 of the annual general report of the labour, health and safety at work inspection services that the inspectors have undertaken a vast inspection operation in order to ensure that a certificate of non-contamination by the AIDS virus is supplied by each worker and placed in his personal file. The Committee also requests the Government to indicate in what way infected workers are guaranteed application of the provisions relating to the protection of workers while engaged in their work as laid down in Article 2 of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's report and the annual labour inspection report for 1997 that was sent subsequently. With reference to its previous comments, the Committee would ask the Government to provide information on the following points.

1. Article 4 of the Convention. The Government refers to the creation by Order No. 3 of 1995 of a new post for a supervisor general of inspection, a provision in Order No. 174 of 1995 providing for the appointment of 10 inspection supervisors for the central authority under the direct control of the supervisor general of inspection, and two labour inspection directives setting out the procedure for monitoring by the various competent bodies. The Committee would be grateful if the Government would supplement this information by providing with its next report copies of the aforementioned texts and by giving indications as to any progress resulting from efforts made with a view to strengthening the organization of the inspection system and establishing a centralized system for gathering and processing labour inspection data. The Committee hopes that these efforts will also result in improved presentation and more regular publication and transmission to the ILO of the annual labour inspection report referred to in Article 20 of the Convention.

2. Article 21. Noting the information contained in the annual inspection report for 1997, the Committee emphasizes once again that, under the terms of this provision, information on all the subjects listed under points (a) to (g) and on any other relevant subjects should be given in the annual report in so far as they are under the control of the central inspection authority. With reference in particular to its general observation with regard to the frequent absence of statistical information on industrial accidents and occupational diseases (subparagraphs (f) and (g)), the Committee emphasizes the need for statistics on these matters to allow the development of an effective strategy of prevention of occupational hazards and requests the Government to include such information in its future annual inspection reports, where necessary following the guidelines given in Part IV of Recommendation No. 81, which supplements the Convention.

3. Status and conditions of recruitment and service of labour inspection staff. With reference to its previous comments in which the Committee asked the Government for further information on the difference in status between labour inspectors, employment inspectors and municipal inspectors, the Committee takes note of the information according to which a basic qualification required of inspectors is a degree and often a specialist qualification in law. The Committee also notes the information that, since the creation of the central labour authority in 1992, 227 inspectors have undergone intensive training and refresher courses on employment legislation, the civil service, social security and occupational safety and health. The Committee would be grateful if the Government would supplement this information by providing copies of all the legislative texts concerning the status and conditions of employment and recruitment of labour inspectors, the means used to determine their qualifications and the texts under the terms of which they are regarded as judicial officers.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report and the annual labour inspection report for 1997 that was sent subsequently. With reference to its previous comments, the Committee would ask the Government to provide information on the following points.

1. Article 4 of the Convention. The Government refers to the creation by Order No. 3 of 1995 of a new post for a supervisor general of inspection, a provision in Order No. 174 of 1995 providing for the appointment of 10 inspection supervisors for the central authority under the direct control of the supervisor general of inspection, and two labour inspection directives setting out the procedure for monitoring by the various competent bodies. The Committee would be grateful if the Government would supplement this information by providing with its next report copies of the aforementioned texts and by giving indications as to any progress resulting from efforts made with a view to strengthening the organization of the inspection system and establishing a centralized system for gathering and processing labour inspection data. The Committee hopes that these efforts will also result in improved presentation and more regular publication and transmission to the ILO of the annual labour inspection report referred to in Article 20 of the Convention.

2. Article 21. Noting the information contained in the annual inspection report for 1997, the Committee emphasizes once again that, under the terms of this provision, information on all the subjects listed under points (a) to (g) and on any other relevant subjects should be given in the annual report in so far as they are under the control of the central inspection authority. With reference in particular to its general observation with regard to the frequent absence of statistical information on industrial accidents and occupational diseases (subparagraphs (f) and (g)), the Committee emphasizes the need for statistics on these matters to allow the development of an effective strategy of prevention of occupational hazards and requests the Government to include such information in its future annual inspection reports, where necessary following the guidelines given in Part IV of Recommendation No. 81, which supplements the Convention.

3. Status and conditions of recruitment and service of labour inspection staff. With reference to its previous comments in which the Committee asked the Government for further information on the difference in status between labour inspectors, employment inspectors and municipal inspectors, the Committee takes note of the information according to which a basic qualification required of inspectors is a degree and often a specialist qualification in law. The Committee also notes the information that, since the creation of the central labour authority in 1992, 227 inspectors have undergone intensive training and refresher courses on employment legislation, the civil service, social security and occupational safety and health. The Committee would be grateful if the Government would supplement this information by providing copies of all the legislative texts concerning the status and conditions of employment and recruitment of labour inspectors, the means used to determine their qualifications and the texts under the terms of which they are regarded as judicial officers.

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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls the discussion which took place in the Conference in 1992 and the Government's report in which indications were given that the inspection machinery was undergoing reorganization and that new inspectors would be named after a period of training. It further notes the general information provided with respect to the number of inspections carried out and violations recorded in 1991 which were neither published (as required by Article 20 of the Convention) nor do they contain all the information required (by Article 21). It trusts measures will be taken shortly to ensure that the Convention is fully observed, and that annual labour inspection reports containing information on the work of the labour inspection services, including statistics on the subjects listed under Article 21, will be published and transmitted within the time-limits as required by Article 20. The Committee further notes that the Government's report refers variously to labour inspectors, employment inspectors and municipal inspectors. The Committee would be grateful if the Government would indicate what are the status, conditions of service and of recruitment, the means used to establish the qualifications as well as any arrangements made to ensure the initial and subsequent training of these inspectors.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls the discussion which took place in the Conference in 1992 and the Government's report in which indications were given that the inspection machinery was undergoing reorganization and that new inspectors would be named after a period of training. It further notes the general information provided with respect to the number of inspections carried out and violations recorded in 1991 which were neither published (as required by Article 20 of the Convention) nor do they contain all the information required (by Article 21). It trusts measures will be taken shortly to ensure that the Convention is fully observed, and that annual labour inspection reports containing information on the work of the labour inspection services, including statistics on the subjects listed under Article 21, will be published and transmitted within the time-limits as required by Article 20. The Committee further notes that the Government's report refers variously to labour inspectors, employment inspectors and municipal inspectors. The Committee would be grateful if the Government would indicate what are the status, conditions of service and of recruitment, the means used to establish the qualifications as well as any arrangements made to ensure the initial and subsequent training of these inspectors.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee recalls the discussion which took place in the Conference in 1992 and the Government's report in which indications were given that the inspection machinery was undergoing reorganization and that new inspectors would be named after a period of training. It further notes the general information provided with respect to the number of inspections carried out and violations recorded in 1991 which were neither published (as required by Article 20 of the Convention) nor do they contain all the information required (by Article 21). It trusts measures will be taken shortly to ensure that the Convention is fully observed, and that annual labour inspection reports containing information on the work of the labour inspection services, including statistics on the subjects listed under Article 21, will be published and transmitted within the time-limits as required by Article 20.

The Committee further notes that the Government's report refers variously to labour inspectors, employment inspectors and municipal inspectors. The Committee would be grateful if the Government would indicate what are the status, conditions of service and of recruitment, the means used to establish the qualifications as well as any arrangements made to ensure the initial and subsequent training of these inspectors.

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

Articles 20 and 21 of the Convention. The Committee notes the discussion which took place in the Conference Committee in 1991. The Government representative referred to administrative difficulties, but said that the necessary information had been collected: its intention was to report within the prescribed time-limits. The Conference Committee expressed great concern that for several years the Government had not sent annual inspection reports as required by the Convention.

The Committee notes once more that the Government's reports on the activities of the labour inspection services have not been received. In the absence also of a report in the form approved by the Governing Body on the Convention, the Committee is unable to appreciate the manner in which the Convention is applied. The Committee once more expresses the hope that the Government will ensure that the Convention is fully observed, and that annual inspection reports containing information on the work of the labour inspection services, including statistics on the subjects listed under Article 21, will be published and transmitted in accordance with Article 20.

[The Government is asked to supply full particulars to the Conference at its 79th Session.]

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 20 and 21 of the Convention. Having examined the brief report on the activities of the labour inspection department of the Public Service Secretariat for the Municipality of Tripoli for 1986-87 and 1988 transmitted by the Government, the Committee notes that it contains none of the information required by Article 21 of the Convention. Recalling the comments it has been making for many years and the assurances given by the Government at the Conference in 1988, the Committee expresses the hope that the Government will take the necessary steps to ensure that, in future, the obligations deriving from these Articles of the Convention are fully respected. It trusts that annual inspection reports covering the whole national territory and containing information on the work of the labour inspection services, including statistics on the subjects listed under Article 21, will be published and transmitted to the International Labour Office within the time established by Article 20.

REQUESTS

The Government is asked to supply full particulars to the Conference at its 78th Session. #CONFERENCE_SESSION:78

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 20 and 21 of the Convention. Having examined the brief report on the activities of the labour inspection department of the Public Service Secretariat for the Municipality of Tripoli for 1986-87 and 1988 transmitted by the Government, the Committee notes that it contains none of the information required by Article 21 of the Convention. Recalling the comments it has been making for many years and the assurances given by the Government at the Conference in 1988, the Committee expresses the hope that the Government will take the necessary steps to ensure that, in future, the obligations deriving from these Articles of the Convention are fully respected. It therefore trusts that annual inspection reports covering the whole national territory and containing information on the work of the labour inspection services, including the statistics on the subjects listed under Article 21, will be published and transmitted to the International Labour Office within the time-limits established by Article 20. [The Government is asked to supply full particulars to the Conference at its 77th Session.]