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Libyan Arab Jamahirya - Minimum Wages - 2011


LAST UPDATE

1 December 2011

SOURCES


Name of Act

Labour Relations Act 2010, Act No. 12 of 1378 (after the death of the Messenger, coinciding with AD 2010) promulgating the Labour Relations Act. Translated 9 November 2011. Published by ILO’s NATLEX Database at http://www.ilo.org/dyn/natlex and accessed 1 December 2011.
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Other source used

Libya Country Report - BTI 2010. Bertelsmann Stiftung, BTI 2010 - Libya Country Report. Gütersloh: Bertelsmann Stiftung, 2009, joint project of the Bertelsmann Stiftung and the Center for Applied Policy Research (CAP) at Munich University.

LEGAL DEFINITIONS


Employee/worker

Worker means any natural person who undertakes to make an effort under the supervision and control of an employer in return for a wage either in the form of a production share or a sum of money.

Employee means any person occupying a post in the staff of an administrative unit.
Labour Relations Act 2010 §5

Employer

Employer means any natural or moral entity, public or private, employing one worker or more against remuneration.
Labour Relations Act 2010 §5

Wage

Salary is the basic salary (as defined) plus the various allowances, benefits, incentives, bonuses and other financial increments stipulated by the legislation in force and which are paid directly or indirectly by the employer.

Remuneration is compensation received by a worker in return for his work, as a share of production or service or a sum of money and in addition to other allowances, bonuses and other benefits due to him under the legislation in force.
Labour Relations Act 2010 §5

Minimum wage

Basic salary is monetary compensation paid, according to the salary scale in force, for the post occupied by an employee in an administrative unit and which is commensurate with the effort provided in the accomplishment of the duties and responsibilities of the task.
Labour Relations Act 2010 §5

MINIMUM WAGE FIXING


Procedure


Government decides after tripartite or bipartite body discussions/recommendations

The General People’s Committee may set or amend by decision the minimum remuneration for work on the basis of a proposal from the competent government authority and a recommendation of the Consultative Council for Remuneration for Work.

The Consultative Council for Remuneration for Work shall be established by decision of the General People’s Committee and mandated to propose the general policy for remuneration for work and determine its levels.

The Council shall be composed of a delegate of the competent authority as president, and of representatives of the trade union organizations, employers and workers as members.
Labour Relations Act 2010 §§19, 20

Criteria


Needs of workers and their families

In its recommendations, the Consultative Council for Remuneration at Work shall aim at guaranteeing wage in order to fulfil the basic needs of workers.
Labour Relations Act 2010 §19

Economic development

In its recommendations, the Consultative Council for Remuneration at Work shall always be inspired by the general social and economic situation.
Labour Relations Act 2010 §19

Productivity

In its recommendations, the Consultative Council for Remuneration at Work shall aim at increasing production.
Labour Relations Act 2010 §19

Other provisions

In its recommendations, the Consultative Council for Remuneration at Work shall always be inspired by custom and justice.
Labour Relations Act 2010 §19

Coverage


Scope

The Labour Relations Act 2010 indicates that the minimum remuneration for work is to apply generally, including domestic workers.
Labour Relations Act 2010 §§5, 20, 99
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Excluded categories


» Sectors

The Labour Relations Act 2010 provides for separate regulations to be issued by the General People’s Committee, on the basis of a proposal of the competent authority, setting out the remuneration and other terms of appointment applicable to certain functional posts of the public service. No such regulations have been identified.
Labour Relations Act 2010 §127
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Level


Minimum wage level(s) in national currency

250 Libyan dinars
BTI 2010 - Libya Country Report p16
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Last minimum wage update

January 2007
BTI 2010 - Libya Country Report p16

In-kind allowances

An employer shall undertake to provide workers employed in remote locations, far from built up areas, as well as in mines, oil prospecting, drilling and exploitation or investment plants, with:
(i) transport to their place of work;
(ii) housing facilities; and
(iii) 3 meals a day served in special premises prepared for the purpose.

The General People’s Committee shall set the conditions and specifications for the housing and types and quantity of food, plus the share of the expenses relating to each which shall be borne by the worker.

No worker may waive his right to meals in return for a cash payment.
Labour Relations Act 2010 §23

Rate of payment


» Other

Remuneration due to a worker or employee may not be distrained (attached) by more than one quarter, priority being granted to alimony debts.
Labour Relations Act 2010 §50

Scheduled frequency of adjustment

No statutory provision stipulating the frequency of adjustment identified. Rather, the programme of work and meetings of the Consultative Council shall be set by decision of the competent authority. Such a decision is likely to affect the frequency at which the minimum wage is revised.
Labour Relations Act 2010 §19
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Enforcement mechanisms


Labour inspection

Authorised inspection officials shall be entitled to inspect places of work goverened by the Labour Relations Act with a view to controling the implementation of the Act, providing information and technical advice in that regard, advising competent authorities of any shortcomings in the Act, determining cases of infringements and submitting periodic reports regarding tours of inspection.

For such purposes, labour inspectors shall have the right to enter, during working hours by day or night, any place of work to freely undertake their duties and without prior notification. They shall inspect, investigate, review ledgers or any other work or worker related document. They shall be entitled to make copies and request data and information within the purview of their mandate.

All employers are required to provide inspectors with all facilities required to perform their work and shall cooperate and furnish all data and information requested. Further, employers of domestic workers shall allow labour inspectors to be acquainted with working and living conditions in order to ensure his compliance with labour acts and regulations.
Labour Relations Act 2010 §§100, 110, 111, 112

Fines in national currency for non-respect of legislation

Any person infringing Part 1 (which includes the minimum wage and payment of wages provisions) or Part 3 (which expressly stipulates the application of the minimum wage rates to domestic workers) of the Labour Relations Act, or the regulations and decisions promulgated for its implementation, shall be liable to a fine of bewteen 200 - 500 Libyan Dinars. In all cases, the fines shall apply as many time as the offenders.
Labour Relations Act 2010 §121(3)

Results generated on: 01st August 2014 at 03:43:24.
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