Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Libye (Ratification: 1962)

Article 1 of the Convention. Protection against acts of anti-union discrimination. In its previous comments, the Committee requested the Government to indicate the sanctions provided by the Labour Relations Act of 2010 against acts of anti-union discrimination. In the absence of a reply in its report, the Committee requests the Government to confirm whether sanctions provided for under section 121, paragraph 3 (fine of not less than 200 and not more than 500 Libyan dinars), of the Labour Relations Act are applicable to acts of anti-union discrimination prohibited by section 3 (favouritism or discrimination on the grounds of trade union membership, among others, shall be prohibited) and section 77 (worker’s contract may not be terminated for a reason linked to his or her trade union membership, or because of his or her participation in a trade union activity) of the Act, and to indicate any other regulation providing for sanctions against anti-union discrimination.

Article 4. Collective bargaining in the public sector. While noting the current process of drafting of a new Labour Code and a new Act on Trade Unions, the Committee hopes that the Government will soon be in a position to specify the legislative text applicable to public servants not engaged in the administration of the State with regard to their collective bargaining rights.