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Weekly Rest (Industry) Convention, 1921 (No. 14) - Libya (RATIFICATION: 1971)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in the industry) and 14 (weekly rest in the industry) together.

Hours of work (industry)

Article 2 of Convention No. 1. Daily and weekly limits on normal hours of work. In previous comments, the Committee noted that under section 13 of the Labour Relations Act (No. 12 of 2010), hours of work may not exceed 48 hours a week and ten hours a day. The Committee notes that under section 17 of the same Act, daily hours of work include prayer, rest and meal times of not more than one hour. Noting the Government’s indication that in drafting the revised Labour Relations Act, consideration is being given to the requirements of the Convention, the Committee requests the Government to indicate the measures taken or envisaged, including the reform of current legislation, to ensure that daily and weekly limits to normal hours of effective work in public or private industrial undertakings do not exceed eight in the day and 48 in the week, as established by Article 2 of the Convention.

Article 6(1)(a) and 6(2). Permanent exceptions. Limits to additional hours and compensation for overtime. The Committee notes that under section 15 of the Labour Relations Act, cleaning staff at the workplace and watchmen are exempted from the normal hours of work foreseen under section 13. The Committee also notes that no provision of the Act seems to fix a limit to additional hours nor a rate of pay for overtime for these categories of workers. The Committee recalls that the permanent exceptions allowed by the Convention are of a limited nature and only relate to cases where attendance at the workplace must necessarily exceed normal hours (2018 General Survey concerning working-time instruments, paragraph 96). It requests the Government to indicate how it ensures that limits to additional hours and a rate of pay for overtime not less than one and one-quarter times the regular rate are foreseen for these categories of workers, as required by Article 6(2) of the Convention.

Weekly rest (industry)

Articles 4 and 5 of Convention No. 14. Total or partial exceptions to the principle of weekly rest. Compensatory rest. In its previous comments, the Committee noted that sections 14 (excessive deferral of weekly rest), 15 (exceptions to weekly rest for which no compensatory rest is foreseen) and 16 (possibility of monetary compensation instead of compensatory rest) are not in conformity with the requirements of the Convention. The Committee notes that the Government does not provide any relevant information on this issue. Recalling that Article 5 of the Conventionrequires workers who are deprived of their weekly rest to be granted compensatory rest irrespective of any monetary compensation, the Committee requests the Government to indicate the measures taken or envisaged to ensure that compensatory rest is granted to workers who are required to work on their weekly rest day and to provide information on any progress made in this respect.

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Articles 1 and 2 of the Convention. Scope of application – Entitlement to weekly rest. The Committee notes that under section 15 of the new Labour Code No. 12 of 2010, which reproduces section 89 of the previous Labour Code of 1970, shift workers, cleaners, watchmen and persons working to meet public need are excluded from provisions respecting the entitlement to weekly rest. The Committee requests the Government to indicate if any special regulations have been issued concerning these categories of workers and to provide a copy of any relevant text that may have been adopted in this respect.

Article 5. Compensatory rest periods. The Committee notes that under section 16 of the Labour Code, if an employee has worked on his/her weekly rest day, he or she shall be entitled either to an another rest day within the next three days or to cash payment for the hours worked at double the ordinary wage rate. The Committee wishes to recall that under Article 5 of the Convention, when workers are required to perform work on their day of rest, they should receive, as far as possible, compensatory rest regardless of any cash compensation, with a view to protecting their health and well-being. Moreover, the Committee notes that section 14 of the Labour Code, which reproduces section 88 of the previous Labour Code of 1970, allows workers employed in remote locations or far from built-up areas, or workers employed in work which by its nature or circumstances requires continuous presence, to accumulate their weekly rest over a period that does not exceed eight weeks. The Committee wishes to recall, in this respect, that according to the spirit of the Convention workers should enjoy a minimum period of rest and leisure at reasonably short intervals. In this connection, it refers to Paragraph 3 of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which indicates that persons to whom special weekly rest schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. Noting that a new draft Labour Code is currently under preparation, the Committee requests the Government to consider appropriate steps in order to ensure that the national legislation is fully aligned with the requirements of the Convention.

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Articles 1 and 2 of the Convention. Scope of application. Duration of the weekly rest period. Further to its previous comment concerning the weekly rest period for cleaning and security staff in enterprises, who are excluded from the provisions respecting the weekly rest period by section 89 of the Labour Code, the Committee notes the Government’s indication that no regulations have yet been adopted on this subject by the Minister of Labour. It further notes that these types of work are generally covered by internal rules in each enterprise, which provide for two systems of shift work: the first involving eight-hour shifts, and the second lasting 12 hours, followed by a period of 24 hours of weekly rest. The Committee requests the Government to keep the Office informed of any developments relating to the adoption of the above ministerial regulations and to provide a copy of any texts that are adopted in the meantime.

Furthermore, with regard to workers in supervisory or administrative posts, confidential positions or special posts, the Committee notes the indication that the regulations adopted in accordance with section 90 of the Labour Code, namely regulations to exclude the above workers from the provisions respecting hours of work and rest periods, are issued by enterprises themselves to regulate the work of their employees. In this respect, the Committee requests the Government to provide further information on the types of establishments that have already adopted such regulations and to describe the weekly rest schemes applicable in these establishments. The Committee notes the Government’s indications in this respect relating to the weekly rest scheme applicable to certain workers in the oil sector under which the weekly rest days are accumulated, that is after two months of continuous work a rest period of two weeks is granted to workers to be with their families. While understanding the intention of providing workers employed on distant or remote locations an opportunity to be with their families less often, but for longer periods, the Committee recalls in this regard that, in accordance with the spirit of the Convention, workers have to benefit from a minimum period of rest and relaxation each week, and in any case at reasonably short intervals. The Committee therefore requests the Government to re-examine whether it is appropriate to grant accumulated weekly rest once every two months and to envisage the possibility of amending the respective provision of the labour legislation accordingly.

Article 5. Compensatory rest periods. The Committee notes the Government’s indication that its observations have been taken into account in the draft amendment to section 88 of the Labour Code, which will grant a compensatory rest period to workers required to work on their day of weekly rest, regardless of any financial compensation. The Committee requests the Government to keep the Office informed of any developments in this respect and to provide a copy of the above amendments once they have been adopted.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for instance, extracts from reports of the labour inspection services indicating the number of contraventions reported in relation to the weekly rest period, the number of workers covered by the legislation, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to envisage ratifying Convention No. 106 and to keep the Office informed of any decision adopted or envisaged in this respect.

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Article 2 of the Convention. Length and scope of weekly rest. The Committee notes with interest that on 13 December 2005 the People’s General Committee adopted Decision No. 489 extending to 48 hours weekly rest in the public service other than schools, hospitals and police and customs services.

The Committee notes that, according to section 89 of the Labour Code, the provisions on weekly rest do not apply to the cleaning and security staff of the enterprise, and that such staff must be the subject of regulations issued by the Minister of Labour and Social Affairs. The Committee requests the Government to indicate whether such regulations have been adopted and, if so, to provide a copy of them. It further notes that, according to section 90 of the Labour Code, regulations may specify that some or all of its provisions on working time, including weekly rest, shall not apply to workers in supervisory or administrative posts, confidential positions or special posts, provided that these regulations establish the maximum authorized hours of work. The Committee requests the Government to indicate whether such regulations have been adopted and, if so, to provide a copy of them.

Article 5. Compensation for suspensions or diminutions in weekly rest. The Committee notes that, in 1988, the national committee responsible for examining international labour Conventions and Recommendations recommended that section 88 of the Labour Code be amended to ban the replacement of compensatory rest by monetary compensation in the event of work on the weekly rest day. The Committee also notes that, in an earlier report, the Government announced its intention of amending the Labour Code to allow workers required to work on the weekly rest day to be given compensatory rest, regardless of any compensatory pay, in accordance with Article 5 of the Convention. The Committee requests the Government to indicate whether measures have been taken or envisaged to this end.

Part V of the report form. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for example, extracts of inspection reports and, if possible, statistical data on the number of workers protected by the legislation and the number and nature of the infringements reported.