Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
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Libya

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Libya’s overall score is 64 out of 100. The overall score for Libya is lower than the regional average observed across Middle East and North Africa (64). Within the Middle East and North Africa region, the highest score is observed for Morocco (77).

Libya ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 2000 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1962.

Labour Rights Index 2024

64/100

LRI Country Score

0/100

Freedom of Association Indicator

. %

Trade union density rate (%)

. %

Collective bargaining coverage rate (%)

6.49

SDG indicator 8.8.2

5+

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

No

0

§14 & 15, Constitution 2011; §99, Labour Relations Law; Trade Unions Law, 1985; §120 of the Labour Law, 1970; ITUC Global Rights Index 2024 (Libya Profile); USDOS CRHRP 2023 (Libya)

A,C,D

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

CEACR, C98, DR 2021; USDOS CRHRP 2023 (Libya)

B

Does the law provide for the right to strike?

No

0

USDOS CRHRP 2023 (Libya)

D

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§150, 151, 176 & 177 of the Labour Law, 1970; ITUC Global Rights Index 2024 (Libya Profile); USDOS CRHRP 2023 (Libya)

A,C,D

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §14 & 15, Constitution 2011; §99, Labour Relations Law; Trade Unions Law, 1985; §120 of the Labour Law, 1970; ITUC Global Rights Index 2024 (Libya Profile); USDOS CRHRP 2023 (Libya)

A : National Law

National Labour Legislation

"Art 120 Registration requests shall be submitted to the Ministry of Labour and Social Affairs on the form prepared for such, with two copies of the syndicate’s by-laws attached along with two copies of the list of the members’ names, provided there are not less than one hundred, and the trade, age, ID number, residence, and signature of each member."

C : ITUC

ITUC Global Rights Index (country legal profile)

"According to the Labour Code, a trade union must obtain approval from the Minister of Labour and Social Affairs in order to establish branch unions in the provinces. A trade union must have at least 100 members to be registered. A trade union may establish a trade union committee in each establishment where it has at least 50 members among employees. Trade unions are not allowed to have any connection with foreign trade union organisations. Only workers with Libyan nationality can join a union. "

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law does not provide for the right of workers to form and join independent unions. It provides for the right of workers to bargain collectively and conduct legal strikes, with significant restrictions. The law neither prohibits antiunion discrimination nor requires the reinstatement of workers for union activity. By law workers in the formal sector are automatically members of the General Trade Union Federation of Workers, although they may elect to withdraw from the union. Only citizens may be union members, and regulations do not permit foreign workers to organize. "

Information

Source: CEACR, C98, DR 2021; USDOS CRHRP 2023 (Libya)

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Articles 4 and 6. Scope of the Convention. Right of collective bargaining of public servants not engaged in the administration of the State. The Committee previously requested the Government to indicate how it intends to ensure that public servants not engaged in the administration of the State will enjoy their collective bargaining rights, under the new Labour Code, the new Act on Trade Unions or other legislation. The Committee notes the Government’s indication that: (i) the right to collective bargaining is safeguarded by section 112 of the new Labour Code, which stipulates that “collective bargaining takes place at all levels: at the level of individual projects, factories and enterprises, at the level of activities, professions and industries, and at the sector and national levels”; and (ii) this provision is applicable to all public sector and non-public sector workers. The Committee trusts that the new Labour Code will be adopted promptly and will guarantee the right to collective bargaining of all public servants not engaged in the administration of the State, in accordance with the Convention. It requests the Government to provide information on any development in this respect."

Information

Source: USDOS CRHRP 2023 (Libya)

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law did not provide for the right of workers to form and join independent unions. It provided for the right of workers to bargain collectively and conduct legal strikes, with significant restrictions. Workers could call strikes only after exhausting all conciliation and arbitration procedures. The government or one of the parties could demand compulsory arbitration, thus severely restricting strikes."

Information

Source: §150, 151, 176 & 177 of the Labour Law, 1970; ITUC Global Rights Index 2024 (Libya Profile); USDOS CRHRP 2023 (Libya)

A : National Law

National Labour Legislation

"Article (150) Workers shall be prohibited from going on strike or refraining from working, whether fully or partially, and employers shall be prohibited from suspending work, whether fully or partially, before all conciliation and arbitration procedures set out in this Part are completed. Article (151) Workers may go on strike and employers may suspend work, fully or partially, if a final ruling or decision is issued by the arbitration panel or if the conciliation board’s report ends the dispute and the other party refrains from implementing it within a week from the date they were served notice thereof. One of the parties must notify both the other party and the General Director of Labour of the intent to go on strike or suspend work in a registered letter at least two weeks prior to the date set for the start of the strike or suspension. Article (176) Violation of Article (150) shall be punishable with imprisonment for a period of not more than one month, a fine of not more than fifty Libyan dinars, or one of the two penalties. Article (177) Any worker who strikes or supports a strike that takes place in violation of Article (151) shall be punishable with a fine of not less than ten Libyan dinars. Employers who suspend work in violation of said Article shall be subject to a fine of not less than one hundred Libyan dinars."

C : ITUC

ITUC Global Rights Index (country legal profile)

"Section 176 imposes imprisonment or a fine on anyone who contravenes Section 150 of the Labor Code, according to which the only condition for carrying out a legal strike is that all available conciliation and arbitration procedures have been exhausted first. "

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law neither prohibited antiunion discrimination nor required reinstatement of workers fired for union activity. The government did not effectively enforce laws protecting freedom of association, collective bargaining, and the right to strike for workers."