Libya - 2011

Population: 6,400,000
Capital: Tripoli
There were no improvements in Libya where there is a still a single, government controlled national union centre. Migrant workers, who have no trade union rights, continue to be badly treated. When Nepalese workers went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike to demand to be paid the full amount they were promised, the construction company where they were employed padlocked them into their residence.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)

reported violations - 2011

Murders: none reported
Attempted Murders: none reported
Threats: none reported
Injuries: none reported
Arrests: none reported
Imprisonments: none reported
Dismissals: none reported
Documented violations - actual number of cases may be higher

Background

The government continued to clamp down on freedom of expression during the year. In January it blocked access to at least seven independent and opposition Libyan websites based abroad. In February security officers briefly arrested four journalists from the radio station Good Evening Benghazi and, in November, Internal Security officers arrested 20 journalists from the Libya Press agency for three days and suspended the publication of Oea. The United Nations High Commissioner for Refugees (UNHCR) was ordered to close down its office and leave the country in June, with no explanation.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 6,400,000
Capital: Tripoli

reported violations- 2011

Documented violations - actual number of cases may be higher

Trade union rights in law

The Constitution does not recognise trade union rights, which are regulated by the 1970 Labour Code. However, there is no real freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework , as workers are automatically members of the government-linked General Trade Union Federation of Workers (GTUFW), although they can opt out. Independent trade unions are banned, and union membership is limited to workers of Libyan nationality. Furthermore, Directorate General of Labour or an official from the Directorate can be present at every trade union general meeting.

Collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
is seriously hampered by a provision in the Labour Code that requires the clauses of collective agreements to be in conformity with the national economic interest. The government also has the right to set salaries unilaterally. Section 150 of the Labour Code stipulates that all conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.

See arbitration, mediation and arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation procedures must be exhausted before a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike can be called. Compulsory arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation is possible at the request of one of the parties or at the discretion of the public authorities, making it possible to prohibit almost all strikes or end them quickly. The 1975 Trade Unions Act does not sufficiently protect workers against acts of anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

 .

Additional information regarding the legislation
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 6,400,000
Capital: Tripoli

reported violations - 2011

Documented violations - actual number of cases may be higher

In practice

Role of the national centre: Despite the General Trade Union Federation of Workers’ (GTUFW) claims in recent years to be more independent, it is still very much a part of the official Jamahiriya (State of the Masses) system, and as such is under government control. The leadership of the union centre has adopted several amendments to its constitution to bring it more in line with the principles of free and democratic trade unionism, but these changes have to be submitted for “legalisation” to the Congress of People’s Committees. The GTUFW has not reported any changes in the structures of the organisation so far.
Collective bargaining: The government has the right to set salaries unilaterally and even to cut them, as it has done repeatedly in the recent past, for instance with the national airline. So in practice, there is no real collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
at either the national or sectoral level. In the event of a dispute, the union centre approaches the management to find solutions and concludes an individual agreement with the company.
Migrant workers excluded from unions: Libya’s business boom has led to increasing reliance from the Maghreb, sub-Saharan Africa and Asia. It is estimated that over one fifth of the workforce are expatriates. Those from the Maghreb tend to be fairly well treated while migrant workers from sub-Sharan Africa and increasingly Asia often do menial jobs. During the year hundreds of Nepalese and Indian workers had to be repatriated by their governments as they were not being paid at all, while about 200 Bangladeshi workers went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike for two weeks over non-payment of wages and beatings by management. Migrant workers cannot form their own unions, nor can they hold union office, and the official trade unions appear to be doing nothing to support or organise them.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 6,400,000
Capital: Tripoli

reported violations - 2011

Documented violations - actual number of cases may be higher

Violations

Migrants held hostage in pay strike: Nepali workers were held hostage on 21 October after asking for a pay rise. The 67 workers were employed at a real estate and construction company and had been on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike for 18 days when company officials locked them into their residence, padlocking the main gate. They had been paid less than they were promised when they came from Nepal in April. When they went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike the company asked them to leave, at their own cost. In August 108 Nepali workers, who had not been paid for a year, were held hostage by their employer and had to be rescued by the Nepalese authorities with the help of the International Organisation for Migration (IOM).
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 6,400,000
Capital: Tripoli

reported violations - 2011

Documented violations - actual number of cases may be higher
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