Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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

Referring to its previous direct requests, the Committee notes the information contained in the Government's report.

1. With reference to the practical application of the public sector unified wage system, introduced by Act No. 15 of 1981, the Committee notes the Government's statement that it was introduced following the objective evaluation of jobs and using scientific criteria and after much study and research. Noting that the Government has still not provided a copy of the regulations issued under the Act and provides merely general statistics on the workforce participation of women (17 per cent in 1990), the Committee again asks the Government to provide information on how the public sector wage system ensures the application of the principle set out in Article 2 of the Convention.

2. Regarding the application of the principle of the Convention to foreign male and female workers who are not covered by Act No. 15 of 1981, the Committee notes that, according to the Government, the regulations covering them are in the process of being revised so as to adapt to changes in the standard of living and scientific developments. Noting that the Government undertakes to send a copy of the revised regulations once adopted, the Committee looks forward to receiving these texts with its next report.

3. As regards the situation of workers in the agricultural sector and domestic service who are not covered by the 1970 Labour Code, the Committee notes that, according to the Government, the agricultural sector is covered by the legislation and there is no discrimination between the sexes, taking into consideration the special nature of women and their capacity for work. The Committee also notes the Government's statement that domestic workers employed through a company of domestic service are covered by Act No. 15 and thus no distinction is made between men and women.

The Committee must point out to the Government that section 1 of the 1970 Code excludes from its coverage persons occupied in pastoral and agricultural activities, and that the Committee has been seeking information on how the principle of equal remuneration is thus applied to them for over 20 years. In view of the Government's current statement, the Committee asks it to supply up-to-date information on the wages paid to men and women in the agricultural and pastoral sector, through minimum wage-fixing machinery, and the actual earnings above that minimum. The Committee refers the Government in this connection to paragraph 253 of its 1986 General Survey on Equal Remuneration, where it states that "It is hard to accept statements suggesting that the application of the Convention has not given rise to difficulties or that full effect is given to the Convention, without further details being provided".