Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

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 matters raised in its previous direct request, which read as follows:

I. The Committee notes with regret that the Government's report does not contain a reply to its previous comments. It hopes that the next report will contain full information on the following matters raised in its previous direct request:

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48, of the Convention. The Committee notes that the Government's report does not contain the statistical information that it requested previously concerning the scope of each of the above contingencies, which is necessary so that it can assess the manner in which the Convention is applied in practice. It therefore requests the Government to supply the statistical information requested in the report form under Title I of Article 76, with an indication, for example, of the number of employees actually covered by the social security scheme in relation to the total number of employees.

2. Part II (Medical care). (a) Article 10, paragraph 2. The Committee requests the Government to supply the text of the legal provisions determining the nature of the medical care which is provided in the event of illness and to indicate whether it includes hospitalization where necessary.

(b) Article 11. The Committee once again requests the Government to indicate whether a qualifying period is required for entitlement to medical care and, if so, its duration and the rules used to calculate it, taking into account the provisions of section 35 of Act No. 13 of 1980.

(c) Article 12. The Committee once again requests the Government to supply the texts of the regulations issued under sections 12(b) and 30 of Act No. 13 of 1980.

3. Part VIII (Maternity benefit). The Committee requests the Government to indicate whether a qualifying period is required for entitlement to medical care in the event of maternity and, if so, its duration and the rules used for calculating it, taking into account the provisions of section 35 of Act No. 13 of 1980.

4. Part XIII (Common provisions). (a) Article 71, paragraphs 1 and 2. The Committee once again requests the Government to provide the information requested in the report form for this Article of the Convention, with an indication, for each of the Parts of the Convention which have been accepted, of the total resources allocated to the protection of employees, their wives and children, and the total of the insurance contributions borne by the employees protected.

(b) Article 71, paragraph 3, and Article 72, paragraph 2. The Committee requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are carried out periodically and, if so, to forward the results of these studies.

II. Part VIII (Maternity benefit), Article 50. With reference to its previous comments, the Committee notes with regret that the Government's report only repeats the information that was provided in June 1995 and still does not provide the statistical data requested, nor does it state whether recourse is made to Article 65 or Article 66 for the calculation of maternity benefit. However, the Government confirms that the above benefits are calculated on the basis of the overall monthly income taken into account for the calculation of contributions, which includes not only basic pay but also housing, family and other allowances and indemnities subject to insurance contributions. In this situation, the Committee requests the Government once again to indicate whether a ceiling is prescribed for the amount of the overall monthly income taken into account for the calculation of the benefit and to supply the texts of the applicable provisions. Please also provide the statistical information requested under Article 65 of the Convention, with an indication, if a ceiling is prescribed for the income taken into account for the calculation of maternity benefit, or for the level of the benefit itself, of the wage of a skilled manual male employee selected in accordance with paragraphs 6 and 7 of Article 65.