Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

In its previous comments, the Committee noted the information supplied by the Government on the report of the National Commission entrusted to examine the international labour Conventions and Recommendations.

The Committee notes that, according to the Government’s report, the comments it made previously have been examined by the technical commission established to prepare replies to the comments of the Committee of Experts. It notes that measures were adopted to make the necessary amendments to national legislation to bring it into conformity with the provisions of the Convention. The Committee requests the Government to inform it of progress made to this end and reminds it of its comments on the application of certain provisions of the Convention.

Article 2 of the Convention.  The Committee recalls that, according to previous information supplied by the Government, agricultural workers are not covered by the legislation on the protection of wages. The National Commission recommended either amending section 1, paragraph (c), of the Labour Code of 1 May 1970 to extend the scope of the Code to agricultural workers, or the adoption of regulations governing agricultural workers. According to the Government’s latest report, the technical commission affirms that section 3 of the draft Code on Labour and Employment provides for application of its provisions to all persons performing work, including domestic workers. The Committee requests the Government to inform it of any progress made toward the adoption of this draft Labour Code in order to remedy the existing shortcomings in legislation, particularly in regard to workers in the agricultural sector, and to supply a copy of the relevant legislation once it has been adopted.

Article 4, paragraph 1.  The Committee recalls that the National Commission recommended the adoption of a legislative text establishing the proportion of wages that may be paid in kind at 50 per cent and, consequently, either the amendment of section 100 of the Labour Code so as to fix the percentage to be paid by the worker in exchange for the supplies provided by the employer or the adoption of a decision of the Secretary of the People’s General Committee of the Public Service under the abovementioned section 100. According to the Government’s latest report, the technical commission indicates that sections 42 and 43 of the draft Labour Code provide that employers who recruit workers to undertake work in isolated regions must facilitate access to their workplace, accommodation and daily meals. These sections provide also that certain details of these obligations will be decided on the basis of a decree of the public body responsible for labour force matters. The Committee requests the Government to inform it of any progress made in adopting the draft Labour Code in order to give effect to this Article of the Convention and to supply a copy of the relevant legislation once it has been adopted.

Article 8.  The Committee recalls that the National Commission recommended the adoption of a legislative text providing that deductions from wages should not exceed 25 per cent of the wage, priority being given to payment of alimony and to family entitlements. According to the Government’s latest report, section 38 of the new draft Code on Labour and Employment prohibits seizure of wages except in regard to recovery of alimony or other family obligations, as well as prohibiting deductions from wages in order to reimburse loans made by the employer. The Committee requests the Government to inform it of the measures that will be taken to bring national legislation into conformity with this provision of the Convention.

The Committee emphasizes the lack of information from the Government concerning Article 7(2) of the Convention. The Committee once again requests the Government to take appropriate measures so as to ensure that the commodities and services provided by employers are sold or supplied at fair and reasonable prices and that works’ stores and services are not operated for the purpose of securing a profit.

Article 12(2).  Further to its observation, the Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) according to which the Libyan Government suggests to the workers concerned to claim from their own government the missing part of their salary. The Committee reminds the Government that, according to this Article of the Convention, upon the termination of a contract of employment a final settlement of all wages has to be effected, in accordance with national laws, collective agreements and arbitration awards or, where appropriate, by any other arrangement which may have been made to ensure the payment of wages. The Committee points out that the abovementioned obligation is incumbent upon the employer(s) concerned. Consequently, the Government cannot ask the workers to address their requests concerning the final settlement of the salaries to their governments. The Committee requests the Government to indicate the measures taken in order to ensure that the wages due to the workers expelled from the country will be duly paid in full.

[The Government is asked to report in detail in 2001.]