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Hours of Work (Industry) Convention, 1919 (No. 1) - Libya (RATIFICATION: 1971)

Other comments on C001

Observation
  1. 2009

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Article 6 of the Convention. The Committee takes note of the information supplied by the Government in its last report. It notes in particular that a tripartite committee has been set up to examine the comments that are still outstanding and has recommended that section 87 of the Labour Code, No. 58 of 1970, be amended to bring its provisions into conformity with those of Articles 2 and 6. The Committee recalls that to employ a worker for three additional hours per day, or on his weekly rest day, without prescribing any other restrictions (e.g. a monthly or annual limit) exceeds by far the exceptions authorised by the Convention and is definitely contrary to the spirit in which the Convention was drafted. It trusts that sections 87 and 88 will be amended to take account of the foregoing in the very near future and that regulations made by public authority will determine the circumstances in which recourse may be had to overtime, and the maximum number of additional hours, in accordance with Article 6, paragraph 2. It requests the Government to keep the International Labour Office informed of any developments in this respect.

The Committee also notes that the communication of 21 July 1981, whereby the General People's Committee ordered all public administrations and enterprises to stop providing compensation for additional work, applies to all the public establishments covered by the Convention and deals essentially with the additional work covered by section 87 of the Code. The Committee recalls that Article 6, paragraph 2, prescribes that the rate of pay for overtime shall not be less that one and one-quarter times the regular rate, and trusts that the situation in public establishments will be brought into conformity with Article 6 and that the above-mentioned provisions of the Labour Code will be amended.

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