Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Equal Remuneration Convention, 1951 (No. 100) - Libya (Ratification: 1962)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its previous comments, the Committee noted that Act No. 15 of 1981 established a unified wage system applied to workers employed in public services and in state enterprises, institutions and bodies. Under section 1 of the Act the principle of equality of remuneration is to be applied as a function of equal work and responsibilities, while taking into account the fundamental needs of the persons concerned, and wage rates will be determined on the basis of productivity rates, in accordance with the general rules set out in the regulations issued under the Act. The Committee requested the Government to supply detailed information on the practical effect given to section 1 of the Act and to indicate in particular, (a) if the wages appearing in the various tables annexed to Act No. 15 of 1981 were established following an objective appraisal of jobs on the basis of the work to be performed and, (b) the number and nature of jobs filled by women in the public services and in the enterprises and bodies covered by the Act. The Committee requested the Government to indicate how practical effect is given to the principle of equality of remuneration in cases where men and women perform work of a different character but of equal value. It also asked the Government to supply a copy of the regulations issued under the Act.

The Committee notes the Government's statement that a certain number of performance criteria were established in several sectors such as education, health and commerce, and that in other activities, criteria will also be fixed.

The Committee requests the Government to provide detailed information on the performance criteria used in the education, health and commercial sectors and, on any criteria fixed to establish wage levels in other activities. It again requests the Government to indicate the number and nature of jobs filled by women in the public service and in enterprises and bodies covered by the Act, and to provide a copy of the regulations passed under the Act.

2. In its previous direct request, the Committee noted that Act No. 15 of 1981 establishing a unified wage system for workers employed in public services and in state enterprises, institutions and bodies applies only to nationals; it asked the Government to indicate whether foreign workers (men and women) can be employed in state enterprises, and if so, to supply information on the legal provisions applicable to them, particularly with regard to equality of remuneration between men and women for work of equal value.

The Committee notes the Government's indication that although the rules relating to the employment of civil servants provide for regular periodic review of remuneration, the salaries and indemnities of foreign labourers remain higher than those of national workers provided for in Law No. 15 of 1981. The Committee must point out that the principle of the Convention applies to all remuneration paid by the employer to the worker, including any amounts paid in excess of legal rates. The Committee accordingly again requests the Government to indicate how equality of remuneration between foreign men and women workers for work of equal value is promoted or (in the case of persons employed by state enterprises) ensured.

3. The Committee again requests the Government to supply information on measures taken to promote the implementation of the principle of equality of remuneration in production sectors, and particularly the agricultural sector which is not covered by the Labour Code of 1970.

4. The Committee again requests the Government to provide information on the way in which the principle of equality of remuneration for work of equal value is promoted with regard to workers in domestic service, who are also excluded from the scope of the Labour Code.