Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Further to its previous comments, the Committee notes the Office report following the mission to the Libyan Arab Jamahiriya undertaken from 1 to 6 July 2007. The mission was scheduled as a follow-up to the discussion concerning the application of the Protection of Wages Convention, 1949 (No. 95) that took place in the Conference Committee on the Application of Standards in June 2006. The Committee notes, in particular, that even though the main purpose of the ILO mission was to assess the current situation with respect to the treatment of foreign workers in the light of the requirements of Conventions Nos 95 and 111 and to obtain information on any concrete measures taken in this regard, clarifications were also sought and explanations were given on the application of Convention No. 131 and the functioning of the minimum wage fixing machinery.

According to the information provided by the Government, the Wages Board referred to in section 108 of the Labour Code was established in August 2006 for the purpose of preparing a proposal on the amount of the minimum wage based on the cost of living and other relevant data. Upon receiving the recommendation of the Wages Board, the General People’s Committee, by Decision No. 2/2007, set the national minimum wage at 250 dinars (approximately US$206) per month. Regarding the composition of the Wages Board, the Government provided a copy of the Decision of the Secretary of the General People’s Committee for Manpower, Training and Employment No. 613/2006, concerning the organization of the functioning of the Consultative Council for fixing wages, constituted by virtue of the Decision of the General People’s Committee No. 105/2006, concerning the establishment of the Consultative Council for fixing wages. The Committee notes that the membership of the Wages Board includes representatives from the General People’s Committees of Manpower and Economy, the Social Security Fund as well as the General Federation of Producers and the Chamber of Commerce. It also notes that the Board’s mandate is to establish the general rules for determining wage levels in accordance with economic and social criteria and in line with the principles of justice and equity in order to increase productivity and set a sufficient level of wages that meets the basic workers’ needs. The Committee further notes that provision is made for regular meetings of the Board once every three months and that the procedure for the revision of the minimum wage may be initiated whenever the Board considers it necessary. According to the Government’s estimates, approximately 230,000 workers are presently remunerated at the minimum wage rate.

The Committee notes with interest the latest developments regarding the establishment of the Wages Board and the determination of the national minimum wage and trusts that the Government will continue to provide detailed information on the operation of the Wages Board, the periodic review and adjustment of the national minimum wage and the implementation and enforcement of the minimum wage legislation in practice.