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

Forced Labour Convention, 1930 (No. 29) - Libya (Ratification: 1961)

Other comments on C029

Observation

Direct Request

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Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. In its earlier comments, the Committee pointed out the incompatibility with the Convention of certain provisions restricting the freedom of public servants and members of the armed forces to leave their employment, particularly section 71 of Act No. 40 of 1974 regarding service in the armed forces, and section 108 of Act No. 55 of 1976 regarding the public service. The Committee noted the Government’s indication that section 71 of Act No. 40 of 1974 regarding service in the armed forces had been amended by Act No. 7 of 2007, and the new text of this section provides that the resignation of members of the armed forces shall be accepted without any financial implications for them, before they have completed the legal period provided for in the contract. The Committee requested the Government to supply a copy of the full updated text of this Act. Noting the absence of information on this issue, the Committee once again requests the Government to supply, with its next report, a copy of the full updated text of Act No. 40 of 1974 regarding service in the armed forces.

2. Freedom of civil servants to leave their service. The Committee notes the Government’s indication in its report of 2010 that section 173 of Labour Relations Law No. 12 of 2010 provides that an employee may submit his resignation in writing, and the administrative unit shall take a decision on the matter within 60 days of the submission, provided that it is deemed to be acceptable. However, if the resignation is subject to a condition or a restriction, the employee’s service may end only when a favourable response is given to the application. The Committee requests the Government to describe the nature of the conditions or restrictions to which resignation may be linked, so that it may ascertain whether they are consistent with the Convention.

Moreover, the Committee notes that in the most recent draft Labour Law of 2013, state employees are not covered under the Labour Law, but under a specific text or agreement (section 2(3)). The Committee requests the Government to indicate whether a specific text regulating the status of this category of persons will be adopted, and to supply a copy in its next report, as well as a copy of the draft Labour Law of 2013, once adopted.

3. Freedom of domestic workers to leave their employment. In its earlier comments, the Committee noted the Government’s indication, with regard to the regulations applicable to domestic workers pursuant to section 1(b) of the Labour Code No. 58 of 1970, that this clause was to be amended by the draft Labour Relations Law. It requested the Government to ensure that the Labour Relations Law applies to domestic workers.

The Committee notes with interest that the Labour Relations Law of 2010 includes this category of workers under chapter III, from sections 85 to 100. Domestic workers therefore enjoy the same rights as other workers, such as social protection, employment contracts, social security, the right to join a trade union, age of admission to employment, maternity protection and other rights and benefits.

However, the Committee notes that the most recent draft Labour Law of 2013 excludes domestic workers from its scope, stipulating that they are subject to a special legislation (section 2(2)). The Committee points out the importance of taking effective action to ensure that the system of employment of domestic workers, does not place the workers concerned in a situation of increased vulnerability, particularly when they are excluded from the protection of the Labour Law. The Committee therefore expresses the firm hope that the draft Labour Law of 2013 will apply to domestic workers, as is the case of the Labour Relations Law of 2010, so that they enjoy the same rights as other workers.