Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Other comments on C098

Observation

Direct Request

2021
2018
2017
2015

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 1 of the Convention. Protection against acts of anti-union discrimination. In its previous comments, the Committee requested the Government to indicate the sanctions provided by the Labour Relations Act of 2010 against acts of anti-union discrimination. In the absence of a reply in its report, the Committee requests the Government to confirm whether sanctions provided for under section 121, paragraph 3 (fine of not less than 200 and not more than 500 Libyan dinars), of the Labour Relations Act are applicable to acts of anti union discrimination prohibited by section 3 (favouritism or discrimination on the grounds of trade union membership, among others, shall be prohibited) and section 77 (worker’s contract may not be terminated for a reason linked to his or her trade union membership, or because of his or her participation in a trade union activity) of the Act, and to indicate any other regulation providing for sanctions against anti-union discrimination.

Article 4. Collective bargaining in the public sector. While noting the current process of drafting of a new Labour Code and a new Act on Trade Unions, the Committee hopes that the Government will soon be in a position to specify the legislative text applicable to public servants not engaged in the administration of the State with regard to their collective bargaining rights.