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

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Libya (Ratification: 1975)

The Committee notes the information communicated by the Government in its report. It notes with interest the information provided on the application of Part II (Medical care), Article 10, paragraph 1, and of Part VIII (Maternity benefit), Article 50 of the Convention. It further notes the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation as well as the decisions taken by the Government in conformity with ILO social security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting and that it will provide information in its next report on the following points.

Part IV of the Convention. Unemployment benefit. With reference to its previous comments, the Committee notes the adoption of Decision No. 109 of 2006 (1374 H) on the establishment of an employment fund aimed at contributing to economic and social development through the provision of decent and productive job opportunities to specific categories of jobseekers. It also notes that section 15 of the Decision lays down the granting of a monetary benefit worth 60 dinars a month for jobseekers of specific categories. The Committee would like the Government to indicate whether these categories cover all persons protected, both from private and public sectors, who have lost employment involuntarily and who are unable to obtain suitable employment and are capable of, and available for, work. It would also like the Government to indicate the net and gross wage of the ordinary adult male labourer determined in accordance with Article 66 of the Convention, and to indicate whether the 60 dinars are net or gross benefit, its duration, the qualifying conditions (length of employment, etc.), if any. It would also like the Government to communicate the text of Decision No. 109.

The Committee wishes again to draw the Government’s attention to the fact that the Convention is intended to afford effective protection against unemployment by means of a system of social security which makes it possible to finance unemployment benefit through collective contributions from all those concerned, thereby avoiding the situation in which they are payable directly by employers, which may become too burdensome if the level of unemployment in the country rises. The Committee therefore hopes that the Government would endeavour, with the help of the ILO, to adopt the necessary rules to permit the Social Security Fund to receive contributions and to pay unemployment benefit, thereby giving effect to Part IV of the Convention through a system of social security and taking into account more fully the principles of organization and financing set out in Articles 71 and 72.

Part VII. Family benefit. In its previous comments, the Committee noted that section 24 of Act No. 13 of 1980 only provided for the granting of family allowances to pensioners under the social security system, whereas Article 41 of the Convention covers other categories of employees or residents. In its report, the Government indicates that section 18 of the Order taken by the Council of Ministers, which relates to the regulations of employees with contracts, promulgated on 14 December 1971 specifies that the provisions of the Civil Service Act No. 55 of 1976 and the regulations issued thereof, shall apply to employees hired with contracts. The provisions of other laws and regulations also apply to them, in accordance with section 18 of the regulations on employees who have contracts as non-nationals, who become entitled to family benefits such as their national counterparts. The Committee notes this information. It would like the Government to communicate in its next report information on the application in practice of the above legislation, providing detailed statistics on the different categories of workers protected and the benefits provided, covering both the public and the private sectors, in accordance with Article 44 of the Convention.

The Committee is addressing a request directly to the Government on other points.

[The Government is asked to report in detail in 2009.]