Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Libya

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1962)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 1971)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 131 (minimum wage) and 95 (protection of wages) together.

Minimum wage

Article 4 of Convention No. 131. Minimum wage-fixing machinery. The Committee notes that in reply to its previous comment, the Government indicates in its report that the Consultative Council for Wages to be appointed under section 19 of the Labour Relation Act (No. 12 of 2010) has not yet been established but that a committee on wages has been established to prepare a draft law on wages. Recalling that minimum wages were last adjusted in the country in 2011, the Committee urges the Government to take all necessary measures to ensure that full consultation with the employers’ and workers’ representatives is held in connection with the fixing and adjustment of the minimum wage level, and to provide information in this regard. The Committee also requests the Government to provide information on: (i) the composition, functioning and work of the committee on wages; and (ii) the progress made in the adoption of any draft law on wages.

Protection of wages

Article 12 of Convention No. 95. Regular payment of wages and final settlement of wages due. Further to its previous comments, the Committee notes the Government’s indication in its report that a wages release committee has been established within the Ministry of Civil Service Affairs to address the challenges that prevent the payment of wages by ailing firms and foreign companies that have withdrawn from the country. Moreover, the Committee notes that the Government does not communicate information on the implementation of Decision No. 20/2007, concerning the organization, import and employment of foreign labour, and Decision No. 56/2006, concerning the establishment of a multi-stakeholder committee to examine wage claims of migrant workers who had been expelled from the country as illegal immigrants. The Committee requests the Government to take the necessary measures to ensure that any situation of wage arrears or other difficulties experienced in the payment of wages to workers, including migrant and public sector workers, are effectively addressed, and to provide information in this regard. It also requests the Government to provide information on the mandate, composition and functioning of the wages release committee and on the implementation of Decisions Nos 20/2007 and 56/2006.

The Committee is raising other matters in a request addressed directly to the Government.