Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 3(b) of the Convention. Period of sickness not to be counted in annual leave. The Committee notes the Government’s reply that section 38 of the Labour Code provides expressly that a period during which the capacity of the worker is affected by sickness or by injury must not be included in his/her holiday with pay, and that in practice, the worker submits to his/her employer a certificate of leave prepared by his/her physician, hospital or sanatorium. The Committee recalls in this connection its previous comments and the Government’s replies referring to the forthcoming adoption of a legislative reform which, in particular, would include explicitly in the Labour Code the exclusion of a period of sickness from annual leave. Based on the Government’s last report, the Committee understands that no progress has been made in this regard. Accordingly, the Committee reiterates its hope that the reform will be concluded shortly to give full effect to this Article of the Convention, and requests the Government to keep the Office informed of any new developments on this matter.

Finally, while noting the Government’s statement that it will consider in the light of the legislation in force the ratification of the Holiday with Pay Convention (Revised), 1970 (No. 132), the Committee wishes to observe that the ratification of Convention No. 132 would be all the more appropriate as the legislation of the Libyan Arab Jamahiriya – which provides for 30 days of annual leave, and even 45 days for those aged at least 50 or with 20 years of service – appears to be in substantial conformity with the requirements of that Convention.