Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Libya (Ratification: 2000)

Other comments on C087

Direct Request

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Legislative issues. In its previous direct request, the Committee noted the Government’s indication that the new Labour Code and the new Law on Trade Unions had been finalized and would be enacted after the adoption of the new Constitution. It noted however that under sections 3 and 9 of the draft Law on Trade Unions, non-Libyan workers without a legal residence, independent workers and workers in the informal economy would be excluded from the scope of the new Law. The Committee therefore requested the Government to indicate how it intended to ensure that these categories of workers will enjoy, under the new Labour Code, the new Law on Trade Unions, or other legislation, the rights afforded by the Convention. The Committee notes that the Government states that the new Labour Code and the new Law on Trade Unions have yet to be promulgated due to the difficult circumstances facing the country but that it looks forward to their promulgation. The Committee further notes the Government’s indication that amendments will be made to the above-mentioned texts to ensure that independent workers and workers in the informal economy are able to engage in trade union activity. Noting that the Government does not provide any information with respect to workers without a residence permit, the Committee recalls that migrant workers have the right, under the same conditions as nationals, to benefit from the fundamental rights deriving from freedom of association (see the 2012 General Survey on the fundamental Conventions, paragraph 79). The Committee trusts that the new Labour Code and the new Law on Trade Unions will be adopted shortly and will ensure that independent workers and workers in the informal economy benefit from the rights provided in the Convention. It also reiterates its request that the Government indicate how it intends to ensure that workers without a residence permit will enjoy, under the above-mentioned laws or other legislation, the rights afforded by the Convention. The Committee requests the Government to provide information on any developments in this regard and to transmit copies of the new Labour Code, the new Law on Trade Unions, or other applicable legislation once adopted.