Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Articles 3 and 4 of the Convention. Review and adjustment of the minimum wage. The Committee has been raising questions in recent years concerning the operation of the minimum wage fixing machinery, the periodicity of adjustment of the minimum wage and the criteria used for such adjustment. Following the establishment of the Wages Board in 2006 and the Decision of the General People’s Committee in 2007 to set the national minimum wage at 250 dinars (approximately US$208 per month, the Committee has requested the Government to provide more detailed information on the operation of the Wages Board, the eventual revision of the national minimum wage as well as the enforcement of the minimum wage legislation in practice. In its last report, the Government makes renewed reference to the ILO technical assistance mission that visited the country in July 2007 and emphasizes its willingness to improve conditions of workers in order to achieve full employment and social welfare. The Committee trusts that the Government will provide in its next report full particulars on the effect given to the requirements of Articles 3 and 4 of the Convention, especially the manner in which the basic needs of workers and their families are taken into account in fixing the minimum wage level, including any surveys or studies of national economic conditions. Moreover, recalling that under Decision No. 613/2006 of the Secretary of the General People’s Committee for Manpower, Training and Employment, the Wages Board holds regular meetings once every three months and may initiate the procedure for the revision of the minimum wage whenever it considers it necessary, the Committee asks the Government to provide all available information on the Board’s most recent meetings and any decision taken or envisaged concerning the review of the minimum wage rate currently in force. Finally, the Committee would be grateful if the Government would provide in its next report up to date information on measures to ensure compliance with the national minimum wage or any difficulties experienced in this respect, in particular, the number of labour inspection visits carried out and violations reported, with special reference to migrant workers who constitute half of the total workforce.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Further to its previous comments, the Committee notes the Office report following the mission to the Libyan Arab Jamahiriya undertaken from 1 to 6 July 2007. The mission was scheduled as a follow-up to the discussion concerning the application of the Protection of Wages Convention, 1949 (No. 95) that took place in the Conference Committee on the Application of Standards in June 2006. The Committee notes, in particular, that even though the main purpose of the ILO mission was to assess the current situation with respect to the treatment of foreign workers in the light of the requirements of Conventions Nos 95 and 111 and to obtain information on any concrete measures taken in this regard, clarifications were also sought and explanations were given on the application of Convention No. 131 and the functioning of the minimum wage fixing machinery.

According to the information provided by the Government, the Wages Board referred to in section 108 of the Labour Code was established in August 2006 for the purpose of preparing a proposal on the amount of the minimum wage based on the cost of living and other relevant data. Upon receiving the recommendation of the Wages Board, the General People’s Committee, by Decision No. 2/2007, set the national minimum wage at 250 dinars (approximately US$206) per month. Regarding the composition of the Wages Board, the Government provided a copy of the Decision of the Secretary of the General People’s Committee for Manpower, Training and Employment No. 613/2006, concerning the organization of the functioning of the Consultative Council for fixing wages, constituted by virtue of the Decision of the General People’s Committee No. 105/2006, concerning the establishment of the Consultative Council for fixing wages. The Committee notes that the membership of the Wages Board includes representatives from the General People’s Committees of Manpower and Economy, the Social Security Fund as well as the General Federation of Producers and the Chamber of Commerce. It also notes that the Board’s mandate is to establish the general rules for determining wage levels in accordance with economic and social criteria and in line with the principles of justice and equity in order to increase productivity and set a sufficient level of wages that meets the basic workers’ needs. The Committee further notes that provision is made for regular meetings of the Board once every three months and that the procedure for the revision of the minimum wage may be initiated whenever the Board considers it necessary. According to the Government’s estimates, approximately 230,000 workers are presently remunerated at the minimum wage rate.

The Committee notes with interest the latest developments regarding the establishment of the Wages Board and the determination of the national minimum wage and trusts that the Government will continue to provide detailed information on the operation of the Wages Board, the periodic review and adjustment of the national minimum wage and the implementation and enforcement of the minimum wage legislation in practice.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee has been requesting the Government for a number of years to provide concrete information on the operation of the minimum wage fixing machinery, especially as regards the participation of the social partners, the periodicity of adjustment of minimum wages and the criteria used for such adjustment. The Committee regrets that the information, which has so far been received in response, is not always clear or relevant. It therefore urges the Government to indicate in its next report the measures taken to give full effect both in law and practice to the provisions of the Convention.

Article 3 of the Convention. The Committee notes that, according to the Government’s report, the level of minimum wages is determined on the basis of regular studies relating to the standard of living which are undertaken by the General Authority of Information, Certification and Communication. The Government indicates that the needs of the workers and their families are duly taken into account and refers to the subsidizing of food products, the granting of a housing allowance, and the free education and medical care, as being factors which are also considered in the process of minimum wage fixing. The Committee requests the Government to specify the legal provisions setting out the social and economic parameters according to which minimum wage rates are periodically adjusted. Moreover, the Committee requests the Government to provide additional information on the composition of the General Authority of Information, Certification and Communication and its mandate in matters related to minimum wage fixing, and also to communicate a copy of its most recent study which served for the last revision of the minimum wage.

Article 4. The Committee notes the Government’s general reference to the Wages Advisory Board and its terms of reference, as laid down in section 108 of the Labour Code of 1970. The Committee asks the Government to indicate whether the Wages Advisory Board has effectively been set up and functioning and, if so, to communicate a copy of the ministerial order which prescribes the functions and procedure of the Board, the periodicity of its meetings, the method of adopting recommendations, the method of appointment and number of workers’ and employers’ members and the duration of the members’ term of office. Moreover, the Committee would be interested in eventually receiving documented information on the Board’s current composition and its most recent recommendations in matters related to wage policy and minimum wage levels.

Article 5 and Part V of the report form. The Committee notes that, according to the Government’s report, many cases of violations of the minimum wage have been detected in a number of workplaces and corrective action has been undertaken. The Committee requests the Government to provide up-to-date information concerning the practical application of the Convention, including the approximate number of workers earning the minimum wage, extracts from inspection reports showing the number of infringements observed and penalties imposed, etc. Finally, the Committee asks the Government to specify whether the minimum wage currently in force is of general application or whether minimum wage rates vary according to geographical region or occupation and to transmit copies of all relevant texts.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes that Act No. 31 of 1994 respecting the public service, employment and the labour force, permitting recruitment under an employment contract in the public service and the private sector, was repealed in 1999 and that all the parties engaged in work are therefore governed by the provisions of the Wages Act No. 15 of 1981. The Government states in its report that this Act applies to all national workers, whether they are employed in the public service or in public companies and enterprises and that the minimum wages increase in accordance with the provisions of the above Act.

Article 3 of the Convention. Section 1 of Act No. 15 of 1981 provides that the wage system for national workers "shall establish the principle of equal wages for equal work and equal responsibilities, while being designed to respond to the fundamental needs of workers covered by the system and to grant an annual increase according to the level of output and production. The wage shall be a function of the established output rates, all of which shall be in conformity with the general principles and rules which shall be determined in the regulations issued under the present Act". In view of this provision, the Committee has been requesting the Government for many years to provide information on the elements taken into consideration to determine the level of minimum wages applicable to the workers covered by Act No. 15 of 1981. It therefore requests the Government to provide this information and copies of any regulations adopted under section 1 of the above Act.

Article 4. With regard to the determination of minimum wages, the Committee notes that section 4 of Act No. 15 of 1981 provides that the "wages of all national workers in bodies governed by the provisions of this Act are established in Schedule 1, supplemented by any increments, benefits and other financial emoluments due by virtue of the present Act and the regulations and orders issued under this Act". In section 7, the Act provides that "without prejudice to the provisions of section 4, the People’s General Committee shall issue regulations and decisions respecting wages and schedules determining these wages for workers in bodies, institutions, services, societies, public establishments and similar units covered by the provisions of the present Act". The Committee has also been requesting the Government for several years to indicate whether the machinery for the determination of minimum wages which is in force provides for a method for the adjustment of wages from time to time and the participation in this machinery of the representative organizations of workers and employers. The Committee therefore hopes that the Government will provide information on the frequency with which minimum wage rates are adjusted and on the participation of organizations of employers and workers in wage-fixing machinery.

Article 5 and Part V of the report form. The Committee notes that the technical commission will transmit the executive decisions respecting the new administrative structure, in accordance with the decision of the People’s General Congress, which were adopted in March 2000. In addition to this information, the Committee hopes that the Government will provide information concerning the adoption of the necessary measures to ensure observance of the provisions of the Convention, with an indication of the minimum wage rates in force and extracts of the reports of the inspection services on the application and observance of minimum wage rates.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes that Act No. 31 of 1994 respecting the public service, employment and the labour force, permitting recruitment under an employment contract in the public service and the private sector, was repealed in 1999 and that all the parties engaged in work are therefore governed by the provisions of the Wages Act No. 15 of 1981. The Government states in its report that this Act applies to all national workers, whether they are employed in the public service or in public companies and enterprises and that the minimum wages increase in accordance with the provisions of the above Act.

Article 3 of the Convention. Section 1 of Act No. 15 of 1981 provides that the wage system for national workers "shall establish the principle of equal wages for equal work and equal responsibilities, while being designed to respond to the fundamental needs of workers covered by the system and to grant an annual increase according to the level of output and production. The wage shall be a function of the established output rates, all of which shall be in conformity with the general principles and rules which shall be determined in the regulations issued under the present Act". In view of this provision, the Committee has been requesting the Government for many years to provide information on the elements taken into consideration to determine the level of minimum wages applicable to the workers covered by Act No. 15 of 1981. It therefore requests the Government to provide this information and copies of any regulations adopted under section 1 of the above Act.

Article 4. With regard to the determination of minimum wages, the Committee notes that section 4 of Act No. 15 of 1981 provides that the "wages of all national workers in bodies governed by the provisions of this Act are established in Schedule 1, supplemented by any increments, benefits and other financial emoluments due by virtue of the present Act and the regulations and orders issued under this Act". In section 7, the Act provides that "without prejudice to the provisions of section 4, the People’s General Committee shall issue regulations and decisions respecting wages and schedules determining these wages for workers in bodies, institutions, services, societies, public establishments and similar units covered by the provisions of the present Act". The Committee has also been requesting the Government for several years to indicate whether the machinery for the determination of minimum wages which is in force provides for a method for the adjustment of wages from time to time and the participation in this machinery of the representative organizations of workers and employers. The Committee therefore hopes that the Government will provide information on the frequency with which minimum wage rates are adjusted and on the participation of organizations of employers and workers in wage-fixing machinery.

Article 5 and Part V of the report form. The Committee notes that the technical commission will transmit the executive decisions respecting the new administrative structure, in accordance with the decision of the People’s General Congress, which were adopted in March 2000. In addition to this information, the Committee hopes that the Government will provide information concerning the adoption of the necessary measures to ensure observance of the provisions of the Convention, with an indication of the minimum wage rates in force and extracts of the reports of the inspection services on the application and observance of minimum wage rates.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes that Act No. 31 of 1994 respecting the public service, employment and the labour force, permitting recruitment under an employment contract in the public service and the private sector, was repealed in 1999 and that all the parties engaged in work are therefore governed by the provisions of the Wages Act No. 15 of 1981. The Government states in its report that this Act applies to all national workers, whether they are employed in the public service or in public companies and enterprises and that the minimum wages increase in accordance with the provisions of the above Act.

Article 3 of the Convention. Section 1 of Act No. 15 of 1981 provides that the wage system for national workers "shall establish the principle of equal wages for equal work and equal responsibilities, while being designed to respond to the fundamental needs of workers covered by the system and to grant an annual increase according to the level of output and production. The wage shall be a function of the established output rates, all of which shall be in conformity with the general principles and rules which shall be determined in the regulations issued under the present Act". In view of this provision, the Committee has been requesting the Government for many years to provide information on the elements taken into consideration to determine the level of minimum wages applicable to the workers covered by Act No. 15 of 1981. It therefore requests the Government to provide this information and copies of any regulations adopted under section 1 of the above Act.

Article 4. With regard to the determination of minimum wages, the Committee notes that section 4 of Act No. 15 of 1981 provides that the "wages of all national workers in bodies governed by the provisions of this Act are established in Schedule 1, supplemented by any increments, benefits and other financial emoluments due by virtue of the present Act and the regulations and orders issued under this Act". In section 7, the Act provides that "without prejudice to the provisions of section 4, the People’s General Committee shall issue regulations and decisions respecting wages and schedules determining these wages for workers in bodies, institutions, services, societies, public establishments and similar units covered by the provisions of the present Act". The Committee has also been requesting the Government for several years to indicate whether the machinery for the determination of minimum wages which is in force provides for a method for the adjustment of wages from time to time and the participation in this machinery of the representative organizations of workers and employers. The Committee therefore hopes that the Government will provide information on the frequency with which minimum wage rates are adjusted and on the participation of organizations of employers and workers in wage-fixing machinery.

Article 5 and Part V of the report form. The Committee notes that the technical commission will transmit the executive decisions respecting the new administrative structure, in accordance with the decision of the People’s General Congress, which were adopted in March 2000. In addition to this information, the Committee hopes that the Government will provide information concerning the adoption of the necessary measures to ensure observance of the provisions of the Convention, with an indication of the minimum wage rates in force and extracts of the reports of the inspection services on the application and observance of minimum wage rates.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in reply to the issues raised in its previous direct request.

The Committee notes that Act No. 31 of 1994 respecting the public service, employment and the labour force, permitting recruitment under an employment contract in the public service and the private sector, was repealed in 1999 and that all the parties engaged in work are therefore governed by the provisions of the Wages Act No. 15 of 1981. The Government states in its report that this Act applies to all national workers, whether they are employed in the public service or in public companies and enterprises and that the minimum wages increase in accordance with the provisions of the above Act.

Article 3 of the Convention.  Section 1 of Act No. 15 of 1981 provides that the wage system for national workers "shall establish the principle of equal wages for equal work and equal responsibilities, while being designed to respond to the fundamental needs of workers covered by the system and to grant an annual increase according to the level of output and production. The wage shall be a function of the established output rates, all of which shall be in conformity with the general principles and rules which shall be determined in the regulations issued under the present Act". In view of this provision, the Committee has been requesting the Government for many years to provide information on the elements taken into consideration to determine the level of minimum wages applicable to the workers covered by Act No. 15 of 1981. It therefore requests the Government to provide this information and copies of any regulations adopted under section 1 of the above Act.

Article 4.  With regard to the determination of minimum wages, the Committee notes that section 4 of Act No. 15 of 1981 provides that the "wages of all national workers in bodies governed by the provisions of this Act are established in Schedule 1, supplemented by any increments, benefits and other financial emoluments due by virtue of the present Act and the regulations and orders issued under this Act". In section 7, the Act provides that "without prejudice to the provisions of section 4, the People’s General Committee shall issue regulations and decisions respecting wages and schedules determining these wages for workers in bodies, institutions, services, societies, public establishments and similar units covered by the provisions of the present Act". The Committee has also been requesting the Government for several years to indicate whether the machinery for the determination of minimum wages which is in force provides for a method for the adjustment of wages from time to time and the participation in this machinery of the representative organizations of workers and employers. The Committee therefore hopes that the Government will provide information on the frequency with which minimum wage rates are adjusted and on the participation of organizations of employers and workers in wage-fixing machinery.

Article 5 and Part V of the report form. The Committee notes that the technical commission will transmit the executive decisions respecting the new administrative structure, in accordance with the decision of the People’s General Congress, which were adopted in March 2000. In addition to this information, the Committee hopes that the Government will provide information concerning the adoption of the necessary measures to ensure observance of the provisions of the Convention, with an indication of the minimum wage rates in force and extracts of the reports of the inspection services on the application and observance of minimum wage rates.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the information provided by the Government does not provide a response to the questions raised in the previous direct request. The Committee is thus obliged to repeat the questions raised in the previous comments, having updated them. It trusts that the Government will ensure that the necessary clarifications are provided together with, where necessary, copies of the documents requested.

1. The Committee notes that, according to the Government, the provisions of the Wages Act No. 15 (1981) do not apply to contracts concluded with organizations, companies, natural persons or other administrative employers, and that it is the responsibility of the general assemblies of these employers to determine the rules for fixing their wages. In addition, the Government points out that the situation of the workers currently working in the entities in question is governed by this Act with effect from the beginning of the financial year following its entry into force. The Committee again requests the Government to specify whether certain sections of the Wages Act and of the Regulations adopted pursuant to the Labour Code have been amended following consultations between the competent authority and the representative organizations and, if so, to provide the texts of the amendments in question. The Government is also requested to provide a copy of the texts of the Wages Act No. 31 (1994) and the Wages Act No. 15 (1981), together with all the other provisions in force relating to minimum wages.

2. The Committee once again requests the Government to provide information on the machinery for fixing minimum wages applicable to all categories of workers, or on the elements taken into consideration in determining the level of minimum wages, as set out in Article 3 of the Convention.

3. The Committee once again requests the Government to indicate whether the machinery for fixing minimum wages also provides for them to be adjusted from time to time, and whether representative organizations of workers and employers participate in the operation of this machinery, in accordance with Article 4.

4. Finally, in accordance with Article 5 and Part V of the report form, the Committee requests the Government to provide information on the effective application of the provisions relating to the activities of labour inspection services with a view to ensuring that minimum wage levels are respected (number of infringements recorded, penalties imposed and so on).

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee noted that the Government was planning to amend certain sections of the Wages Act (No. 15 of 1981) and of the regulations issued under the Labour Code, and that these texts were currently the subject of discussions between the authorities and the organizations concerned. The Committee requested the Government to supply copies of these new texts when they are adopted.

2. The Committee noted that the Government had not supplied information concerning the machinery for determining the minimum wages that are applicable to all categories of workers, or concerning the elements to be taken into consideration in determining the level of minimum wages as set out in Article 3 of the Convention. The Committee hoped that the Government would not fail to supply this information.

3. The Committee also requested the Government to indicate whether the machinery for determining minimum wages also provides for them to be adjusted from time to time and whether the occupational organizations concerned are also able to participate in the application of the above machinery, in accordance with Article 4.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes that according to the Government the provisions of the Wages Act, No. 15 of 1981, should not apply to contracts concluded by administrative units, companies and individuals and that the general assemblies of such units or companies are entrusted with the task of setting the rules governing their wages. The Government further states that the status of the workers currently working in the said companies and establishments is governed by this Act, with effect from the beginning of the financial year following its entry into force. However, the Committee again requests the Government to specify whether certain sections of the Wages Act and of the regulations issued under the Labour Code have been amended as results of discussions between the authorities and the organizations concerned and, if so, to provide the texts of these amendments.

2. The Committee again requests the Government to supply information concerning the machinery for determining the minimum wages applicable to all categories of workers, or concerning the elements to be taken into consideration in determining the level of minimum wages as set out in Article 3 of the Convention. The Committee again hopes that the Government will not fail to supply this information.

3. The Committee also requests the Government to indicate whether the machinery for determining minimum wages also provides for them to be adjusted from time to time and whether the workers' and employers' organizations concerned are also able to participate in the operation of the above machinery, in accordance with Article 4. The Committee again hopes that the Government will provide information in this respect.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee noted that the Government was planning to amend certain sections of the Wages Act (No. 15 of 1981) and of the regulations issued under the Labour Code, and that these texts were currently the subject of discussions between the authorities and the organizations concerned. The Committee requested the Government to supply copies of these new texts when they are adopted.

2. The Committee noted that the Government had not supplied information concerning the machinery for determining the minimum wages that are applicable to all categories of workers, or concerning the elements to be taken into consideration in determining the level of minimum wages as set out in Article 3 of the Convention. The Committee hoped that the Government would not fail to supply this information.

3. The Committee also requested the Government to indicate whether the machinery for determining minimum wages also provides for them to be adjusted from time to time and whether the occupational organizations concerned are also able to participate in the application of the above machinery, in accordance with Article 4.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information communicated by the Government, and in particular the report of the national commission entrusted to examine the international labour Conventions and Recommendations, according to which, as regards this Convention, the modification of the legislation in force is not required.

The Committee notes that the above information does not provide a reply to the following questions raised in its previous direct request:

1. The Committee noted that the Government was planning to amend certain sections of the Wages Act (No. 15 of 1981) and of the regulations issued under the Labour Code, and that these texts were currently the subject of discussions between the authorities and the organizations concerned. The Committee requested the Government to supply copies of these new texts when they are adopted.

2. The Committee noted that the Government had not supplied information concerning the machinery for determining the minimum wages that are applicable to all categories of workers, or concerning the elements to be taken into consideration in determining the level of minimum wages as set out in Article 3 of the Convention. The Committee hoped that the Government would not fail to supply this information.

3. The Committee also requested the Government to indicate whether the machinery for determining minimum wages also provides for them to be adjusted from time to time and whether the occupational organizations concerned are also able to participate in the application of the above machinery, in accordance with Article 4.

The Committee therefore requests the Government to supply in its next report full information on the above-mentioned matters.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the information supplied by the Government in its report in reply to its previous comments and notes with interest that the organisations of employers and workers (respectively "associates" and "producers") participated actively in the formulation of the Wages Act (No. 15 of 1981). The Committee also notes that the Government is planning to amend certain sections of this Act and of the regulations issued under the Labour Code, and that these texts are currently the subject of discussions between the authorities and the organisations concerned. The Committee requests the Government to supply copies of these new texts when they are adopted.

2. The Committee notes, however, that the Government has not supplied the requested information concerning the machinery for determining the minimum wages that are applicable to all categories of workers and the elements to be taken into consideration in determining the level of minimum wages that are applicable to these workers, as set out in Article 3 of the Convention. The Committee hopes that the Government will not fail to supply this information.

3. The Committee also requests the Government to indicate whether the machinery for determining minimum wages also provides for them to be adjusted from time to time and whether the occupational organisations concerned are also able to participate in the application of the above machinery, in accordance with Article 4.