Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Repetition

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Government indicates in its report that fee-charging employment agencies conducted with a view to profit do not exist in Libya. It recalls that Decision No. 77 of 2002, which includes provisions on the placement of jobseekers through the establishment of companies and cooperatives, regulates the question of fees, permits, and permit renewal procedures. In its previous comments, the Committee drew the Government’s attention to the fact that the provisions regarding private employment agencies contained in the 2002 Decision do not give effect to the obligations set out in the provisions of the Convention that have been accepted by Libya. In particular, the Committee notes that section 3 of the 2002 Decision provides that companies and cooperatives are allowed to provide, against payment, work opportunities for national and migrant workers. Referring to Decision No. 77 of 2002, the Government indicates that these companies and cooperatives were not created due to the fact that jobseekers prefer to obtain employment services free of charge, from the 85 employment offices situated in the various municipalities. As the Committee noted in its previous comments, Members which have ratified the Convention and which, like Libya, accepted Part II of the Convention, are required to progressively abolish fee-charging employment agencies conducted with a view to profit. The Committee requests the Government to continue to provide updated information on the national legislation giving effect to Part II of the Convention, as well as on the manner in which the Convention is applied in practice. It also requests the Government to repeal Decision No. 77 of 2002 or amend its provisions to bring it into compliance with Part II of the Convention.

Revision of Convention No. 96. The Committee recalls that the Governing Body, at its 273rd Session in November 1998, invited the States parties to the Convention to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181) (document GB.273/LILS/4 (Rev.1)). Such ratification would entail the immediate denunciation of the Convention. Consequently, as long as Convention No. 181 has not been ratified by Libya, the Convention remains in force in the country and the Committee will continue to examine its application. The Committee therefore invites the Government to provide information on any developments which may occur in this regard in consultation with the social partners.