Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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. For a number of years, the Committee has asked the Government to provide information on how the public sector unified wage system, introduced by Act No. 15 of 1981, ensures the application of the principle set out in Article 2 of the Convention. In this regard, the Committee notes the legislation provided by the Government, in particular the Wages Act No. 15 of 1981 and the Decision of the People’s Congress, No. 164 of 1985 on the Employment of Arab Libyan Women which primarily regulates the conditions of women under the part-time work system. While noting that the Government replies to some points raised in the Committee’s previous comments, most of the information is of a very general nature and does not enable the Committee to assess the manner in which the unified wage system ensures equal remuneration for men and women workers for work of equal value in the public service. The Committee asks the Government once again to supply detailed information on the application of the principle set out in Article 2 of the Convention in the public service, and trusts that the Government’s next report will include the statistics requested, disaggregated by sex.

2. The Committee notes that the Decision of the People’s Congress, No. 164 of 1985 primarily regulates the conditions, including remuneration and promotion, of women working under the part-time system and provides for childcare facilities in care houses or at enterprise level for mothers working in administrative, service and production services. While appreciating that the provisions of part-time work for women may contribute to improving the conditions of employment of these and to promoting equality of opportunity and treatment in general, the Committee, nevertheless, wishes to point out that in situations where part-time workers are mostly women, a generally lower level of remuneration for part-timers may have an adverse impact on the overall wage gap between men and women. The Committee would be grateful if the Government could indicate whether the part-time system also applies to male workers, and to provide updated statistical information on the extent to which male and female employees are hired on a part-time basis in the various economic sectors as well as on their levels of remuneration as compared to full-time employees.

3. With regard to the situation of foreign workers, the Committee notes the Decision of the General People’s Congress No. 628 of 1988 on the promulgation of regulations on the employment of non-national employees in enterprises and public undertakings. It notes that pursuant to section 12 of this Decision a foreign worker is entitled to a travel allowance and annual home leave for "himself, his wife and his children ...". The Committee asks the Government to indicate whether this provision also applies to foreign women workers and whether any action is being taken or contemplated, including the possible amendment of section 12, to ensure that foreign women workers and their families are not discriminated against in respect of such employment-related benefits. The Committee notes that the information provided by the Government on the wages paid to foreign workers according to their years of experience, educational and skills levels is not disaggregated by sex. It refers to its general observation of 1998 and hopes that the Government will be in a position to provide such disaggregated statistics in its next report.

4. With regard to the amendment of section 1 of the Labour Code (Act No. 58 of 1970) concerning persons involved in pastoral and agricultural activities, the Committee notes the Government’s statement that a copy of the revised Code will be sent to the Office as soon as it is promulgated.