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

Protection of Wages Convention, 1949 (No. 95) - Libya (Ratification: 1962)

Further to its previous observations, the Committee regrets that the Government is still not in a position to provide concrete information, as requested, concerning the alleged non-payment of wages to thousands of foreign workers who have been expelled from the country in recent years. The Government confines itself to asserting that no regular migrant workers have been forced to leave the country whereas migrants in irregular status have been deported in coordination with the embassies of their home countries. Despite the Committee’s persistent requests for specific information on the circumstances surrounding the deportation of migrants in irregular status, the number of workers affected, the total amount of any outstanding payments, the Government has shown little interest in communicating detailed particulars on how these situations were handled and what measures were taken to effectively enable the workers concerned to recover all sums due to them.

Under the circumstances, the Committee is obliged to draw the Government’s attention once more to two important obligations arising out of Article 12, paragraph 2, of the Convention; first, the Government is bound to extend the protective coverage of the Convention to all persons to whom wages are paid or payable, irrespective of the existence of a valid employment permit or formal contract. Secondly, the Government bears the overall responsibility for ensuring that wages are paid regularly and in full and that any claims in respect of existing wage debts are promptly settled.

In the interest of maintaining a meaningful dialogue with the supervisory organs of the ILO, the Committee urges the Government to transmit in its next report documented information showing the nature and extent of any problems of deferred payment or non-payment of wages the country may have experienced in the past decade with relation to foreign workers, as well as the measures taken in response and the results obtained.

As regards the Government’s explanations concerning the application of Articles 2, 4, 7 and 8 of the Convention, on which the Committee has been commenting for more than 25 years, the Committee notes with regret that the situation has barely evolved and that the national legislation continues to give little or no effect to the basic requirements of the Convention, such as: (i) the application of the Convention to all persons to whom wages are paid, including agricultural workers; (ii) the strictly partial character of the payment of wages in kind; (iii) the regulation of the operation of works stores for the workers’ benefit; and (iv) the limitation of wage deductions to the extent necessary for the maintenance of the worker and his/her family. The Committee further notes the Government’s indication that the promulgation of the new Labour Code will require some time to allow an in-depth study by all stakeholders and the social partners. The Committee is therefore bound to observe that the Government’s repeated reassurances to the effect that legislative action would be undertaken to ensure strict compliance with the provisions of the Convention have so far remained without any practical result. It therefore strongly insists that the Government take appropriate steps without delay in order to bring its legislation into full conformity with the Convention and recalls that the technical assistance of the Office, if necessary, remains at its disposal.

[The Government is asked to supply full particulars to the Conference at its 95th Session and to reply in detail to the present comments in 2006.]