Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 81) sur l'inspection du travail, 1947 - Libye (Ratification: 1971)

Autre commentaire sur C081

Observation

Demande directe

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Legislation. The Committee welcomes the submission by the Government of a copy of Law No. 12 of 2010 on labour relations with its report. It also notes the Government’s indication that it is developing a new draft Labour Code. The Committee encourages the Government to take into consideration the Committee’s comments on the application of the Convention during the process of revising its labour legislation.

Articles 1, 4, 6 and 7 of the Convention. Organization of the labour inspection system, status and conditions of service of labour inspectors and their recruitment and training. The Committee notes that section 114 of Law No. 12 of 2010 on labour relations states that the competent authority shall issue an order setting out the system of inspection and the criteria for the selection of inspectors, as well as their training, duties, salaries and the forms used in their work. The Committee requests that the Government indicate whether an order has been issued pursuant to section 114 of Law No. 12 of 2010 regarding the organization of the system of labour inspection, the recruitment and training of labour inspectors, and their status and conditions of service and, if so, to provide a copy with its next report.

Articles 3(2) and 5(a). Additional functions of labour inspectors and cooperation between the inspection services and other government services. The Committee previously noted the Government’s indication that the inspection services cooperate with the passports bureau for the legalization of work visas and the repatriation of illegal workers who are working in violation of the legislation regulating labour and employment. The Committee notes the Government’s statement that collaboration between the labour inspectorate and the passports bureau is restricted to the granting of entry and residence visas, intended for foreign workers who are authorized to work in the country by the offices of the Ministry of Labour and Capacity Building. This collaboration ensures that non-Libyan workers, regardless of their status, obtain their rights prior to repatriation, as it obliges the labour office to settle all of the workers’ entitlements relating to wages, overtime and other benefits for the period that they were employed. The Government indicates that, to this end, labour inspectors prepare a report which is then signed by both parties. The Committee requests that the Government provide further information on the activities of labour inspectors related to the enforcement of employers’ obligations with regard to the statutory rights of migrant workers, including in cases where such workers are liable to expulsion or have already been expelled by the immigration authorities.

Article 12(1)(a). Scope of the right of free entry of inspectors into workplaces liable to inspection. The Committee notes that, pursuant to section 112 of Law No. 12 of 2010, labour inspectors shall have the right to enter workplaces, during working hours, by day or night, in order to perform their duties freely and without prior notification. In this regard, the Committee draws the Government’s attention to paragraph 270 of its 2006 General Survey on labour inspection, where it explained that the protection of workers and the technical requirements of inspection should be the primary criteria for determining the appropriate timing of visits, and that this may warrant inspections outside of working hours. In this respect, the Committee requests that the Government provide information on any measures taken or envisaged to ensure that the powers of entry of labour inspectors are extended to any hour of the day or night regardless of the working hours in the workplaces liable to inspection, in line with Article 12(1)(a).

Article 16. Frequency and thoroughness of inspections. The Committee notes the Government’s statement that between 2010 and 2013 the work of the labour inspectorate was restricted to receiving complaints concerning the non-payment of wages from employees of foreign companies that had withdrawn from Libya due to the situation in the country. Taking note of the difficult situation in the country, the Committee requests that the Government provide information on the measures taken or envisaged to ensure that the Occupational Safety and Labour Inspection Department undertakes inspections of workplaces as often and as thoroughly as necessary to secure the effective application of the legal provisions covered by the Convention, in accordance with Article 16.

Articles 20 and 21. Publication and content of the annual report. The Committee notes the Government’s indication that the Occupational Safety and Labour Inspection Department published a quarterly report in 2013. The Government also indicates that section 111 of Law No. 12 of 2010 requires labour inspectors of the Occupational Safety and Labour Inspection Department to submit periodic reports on inspections, based on the forms prepared for this purpose. The Government indicates that it will submit any new reports published by the Department as soon as the situation in the country improves. The Committee encourages the Government to continue to make efforts to ensure that an annual labour inspection report, containing information on all the points covered by Article 21, is prepared, published and sent to the ILO.