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

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos. 102 (Social Security (Minimum Standards)), 121 (Employment Injury Benefits), and 128 (Invalidity, Old-Age and Survivors’ Benefits) together.

Article 65, 66 or 67, of Convention No. 102, Article 19 or 20 of Convention No. 121, Article 26, 27 or 28 of Convention No. 128. Review of the level of social security benefits. Since 2004, the Committee has been requesting the Government to take measures to give full effect to the provisions of the above-mentioned Conventions, in law and in practice. In this regard, the Committee takes note of the indication by the Government in its report that the level of social security benefits provided in Libya in accordance with Law No. 16 of 1985 must not be less than the minimum wage, currently set in 450 dinars per month, and that pursuant to a Council of Ministers Decision No. 1 of 2021, a study is being conducted to evaluate the possibility of increasing the level of social security benefits up to a maximum of 800 dinars per month for low-income families. The Government also indicate its intent to request ILO’s technical assistance in this regard. The Committee requests the Government to: (i) indicate which are the benefits concerned by this evaluation; (ii) provide information on the findings and recommendations of the study; and (iii) supply information on any measure taken or envisaged to increase the level of benefits provided in application of Conventions Nos 102, 121 or 128, as the case may be, together with the statistical information necessary for the Committee to assess the conformity of the benefit levels with the requirements of the Conventions concerned. The Committee strongly encourages the Government to avail itself of ILO technical assistance.

Application of Conventions Nos 102, 121, 128 and 130 in law and in practice. Since 2004, the Committee has been requesting the Government to provide information on developments in respect of measures taken to give full effect to the provisions of the above-mentioned Conventions, including statistical data as to the coverage and adequacy of benefits provided by the Social Security Fund. In order to be able to resumethe examination of the pending technical issues under the abovementioned Conventions, the Committee requests the Government to supply, without further delay, detailed statistical data and information in the manner provided by the report forms, particularly concerning information in conformity with Title I of Article 76 of the report form for Convention No. 102, Title V of Article 12 of the report form of Convention No. 118, Titles I to V of the Articles 13, 14, and 18, and Article 21 of the report form of Convention No. 121, and Titles under Parts V and VII of the report form of Convention No. 128.

Article 3(1) of Convention No. 118. Equality of treatment. For over 20 years, the Committee has found that several provisions of the national legislation are not in conformity with Article 3(1) of the Convention, since they establish different conditions and requirements for the entitlement of non-Libyan workers to social security benefits. The Committee recalls that this concerns, in particular:

• (i)Section 38 of Social Security Act No. 13 of 1980 and Regulations 28–33 of the Social Pensions Regulations of 1981, which provide that non-Libyan workers receive a lump sum for premature termination of work, while nationals are guaranteed the maintenance of their wages or remuneration;
• (ii)Sections 5(c) and 8(b) of the Social Security Act that, which do not provide for the compulsory affiliation of self-employed non-Libyan workers or those working in the public administration to the social security scheme;
• (iii)Regulation 16(2) and (3) and Regulation 95(3) of the Social Pensions Regulations, under which non-Libyan nationals who have not completed the minimum period of ten years of contributions to the social security scheme are not entitled to an old-age pension or to a pension for total incapacity due to a non-occupational injury, while Libyan workers are;
• (iv)Regulation 174(2) of the Social Pensions Regulations, under which the minimum qualifying period of ten years of contributions is also required for benefits due to survivors of a non-Libyan national, as opposed to Libyan nationals.

The Committee recalls that Article 3(1) of the Convention requires Member States for whom the Convention is in force to grant within their territory to the nationals of any other Member for which the Convention is in force equality of treatment under its legislation with its own nationals, both as regards coverage and as regards the right to benefits, in respect of every branch of social security for which it has accepted the obligations of the Convention. Consequently, it urges the Government to make the necessary amendments to its national legislation, and in particular to the provisions mentioned above to ensure the full application, in law and in practice, of this Article.

Articles 5 and 10 of Convention No. 118. Payment of benefits abroad. The Committee notes that section 161 of the Social Pensions Regulations of 1981 expressly provides that pensions or other cash benefits may be transferred to beneficiaries resident abroad only where that is envisaged by agreements to which Libya is a party. The Committee recalls once more that, in accordance with Article 5 of the Convention (read in conjunction with Article 10), each Member which has ratified the Convention must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, as well as to refugees and stateless persons, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors’ benefits, death grants and employment injury pensions. The Committee requests the Government to take the necessary measures to give effect to Articles 5 and 10 of the Convention by ensuring that pensions and cash benefits can be paid to workers and their survivors, including refugees and stateless persons, residing abroad regardless of the existence of bilateral agreements between Libya and the other Member State in which they reside.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee takes note of the reports supplied by the Government in 2012 and 2013 on the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128), and the Medical Care and Sickness Benefits Convention, 1969 (No. 130), in which the Government refers to the adoption of new legislation having an impact on the application of ratified social security Conventions, including Act No. 12 of 2010, promulgating the new Labour Relations Law, and Act No. 20 of 2010 on health insurance. The Committee notes, in particular, that the Government reiterates that the Social Security Fund is still in the process of carrying out an actuarial study as required by section 34 of the Social Security Law No. 13 of 1980 with a view to undertaking a comprehensive review of periodical payments provided by the social security system, considering the number of participants as well as the monetary and in-kind benefits which will be provided, and the value of contributions for the persons insured in the future. The Government also reiterates its willingness to request the technical assistance of the ILO in this respect.

Conscious of the difficult situation which prevails currently in Libya, the Committee commends the Government’s decision to undertake an actuarial analysis before making major parametrical decisions aimed at reforming the national social security system, in line with Article 71(3) of the Convention which establishes the general responsibility of the State for the due provision of benefits, including through actuarial studies before any change in benefits, the rate of insurance contributions or the taxes allocated to covering the contingencies in question.

The Committee hopes that the Government will soon be in a position to provide information about new developments in this respect and will resume the examination of the pending technical issues under the abovementioned Conventions.

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

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the reports supplied by the Government in 2012 and 2013 on the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128), and the Medical Care and Sickness Benefits Convention, 1969 (No. 130), in which the Government refers to the adoption of new legislation having an impact on the application of ratified social security Conventions, including Act No. 12 of 2010, promulgating the new Labour Relations Law, and Act No. 20 of 2010 on health insurance. The Committee notes, in particular, that the Government reiterates that the Social Security Fund is still in the process of carrying out an actuarial study as required by section 34 of the Social Security Law No. 13 of 1980 with a view to undertaking a comprehensive review of periodical payments provided by the social security system, considering the number of participants as well as the monetary and in-kind benefits which will be provided, and the value of contributions for the persons insured in the future. The Government also reiterates its willingness to request the technical assistance of the ILO in this respect.

Conscious of the difficult situation which prevails currently in Libya, the Committee commends the Government’s decision to undertake an actuarial analysis before making major parametrical decisions aimed at reforming the national social security system, in line with Article 71(3) of the Convention which establishes the general responsibility of the State for the due provision of benefits, including through actuarial studies before any change in benefits, the rate of insurance contributions or the taxes allocated to covering the contingencies in question.

The Committee hopes that the Government will soon be in a position to provide information about new developments in this respect and will resume the examination of the pending technical issues under the abovementioned Conventions with the regular reporting cycle, that is in 2016.

Direct Request (CEACR) - adopted 2010, published th ILC session ()

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:

Part II (Medical care), Article 9 of the Convention, and Part VIII (Maternity benefit), Article 48. With reference to its previous comments, the Committee notes the statistical information provided on the number of workplaces (195,942) and the total number of insured persons (15,125,562) registered in 2006, distributed per category. The Committee hopes that the Government will be able, with the help of the ILO, to provide statistical information with its next report on the scope of each of the above contingencies, as requested by the report form under Article 76, Title I, of the Convention, with an indication of the number of employees protected by the social security scheme in relation to the total number of employees in the country.

Part XIII (Common provisions), Article 71(3) and Article 72(2). The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund had to be examined by one or more actuaries every three years. It requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. The Committee notes the Government’s indication that the actuarial study is still being carried out. The study is intended to allow the Social Security Fund to appraise the number of participants as well as the monetary and in-kind benefits which will be provided, as well as the value of contributions for the persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.

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

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:

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

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

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

Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48 of the Convention. With reference to its previous comments, the Committee notes the statistical information provided on the number of workplaces (195,942) and the total number of insured persons (15,125,562) registered in 2006, distributed per category. The Committee hopes that the Government will be able, with the help of the ILO, to provide statistical information with its next report on the scope of each of the above contingencies, as requested by the report form under Article 76, Title I, of the Convention, with an indication of the number of employees protected by the social security scheme in relation to the total number of employees in the country.

Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund had to be examined by one or more actuaries every three years. It requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. The Committee notes the Government’s indication that the actuarial study is still being carried out. The study is intended to allow the Social Security Fund to appraise the number of participants as well as the monetary and in-kind benefits which will be provided, as well as the value of contributions for the persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.

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

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

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

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

The Committee notes the information communicated by the Government in its report. It hopes that, with the technical assistance of the ILO, the Government will take the necessary measures to give full effect in law and practice to other 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 II (Medical care), Article 9, and Part VIII (Maternity benefit),
Article 48 of the Convention. With reference to its previous comments, the Committee notes the statistical information provided on the number of workplaces (195,942) and the total number of insured persons (15,125,562) registered in 2006, distributed per category. The Committee hopes that the Government will be able, with the help of the ILO, to provide statistical information with its next report on the scope of each of the above contingencies, as requested by the report form under Article 76, Title I, of the Convention, with an indication of the number of employees protected by the social security scheme in relation to the total number of employees in the country.

Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund had to be examined by one or more actuaries every three years. It requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. The Committee notes the Government’s indication that the actuarial study is still being carried out. The study is intended to allow the Social Security Fund to appraise the number of participants as well as the monetary and in-kind benefits which will be provided, as well as the value of contributions for the persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.

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

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.]

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

The Committee notes the information provided by the Government in its report. It also notes with interest the mission carried out by the Office in July 2005, and the information provided to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomes the mission and provides assurances of its commitment to comply with the obligations deriving from the Convention. The Committee notes with interest 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, into conformity with the 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.

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48 of the Convention. With reference to its previous comments the Committee notes that the statistical information available with regard to the right to medical care for categories covered by the social security system is provided for the years 1999 to 2002. Work is currently being undertaken to provide comprehensive information as soon as actuarial accounts are finalized for the number of employees insured by the social security system in relation to the overall number of employees in the country. The Committee hopes that the Government will therefore be able, with the help of the ILO, to provide statistical information with its next report on the scope of each of the above contingencies, as requested by the report form under Article 76, Title I, of the Convention, with an indication of the number of employees protected by the social security scheme in relation to the total number of employees in the country.

2. Part II (Medical care), Article 10, paragraph 1. In its previous comments, the Committee noted the information provided by the Government on the basis of which it understood that, in addition to the specialist care provided by the secretariat for social security under the social security legislation, basic care, including hospitalization when necessary, is provided by the health secretariat in exchange for the payment of the compulsory social security contribution of 2.5 per cent, as envisaged by section 29(d)(2) of Social Security Act No. 13 of 1980. The nature and type of specialist care are determined by rules made under sections 12(b) and 30 of Act No. 13, while the nature and type of basic care are determined by Health Act No. 106 of 1972 and its implementing regulations. The Committee takes note of the content of the above section 29. It notes however that this provision does not specify the types of medical care envisaged in Article 10, paragraph 2, of the Convention. It therefore requests the Government to provide the text of the legislation according to which such medical care is provided.

3. Part VIII (Maternity benefit), Article 50. In its previous comments, the Committee requested the Government to indicate whether a ceiling is prescribed for the overall monthly income taken into account for the calculation of maternity benefit or for the level of the benefit itself, and to provide copies of the applicable provisions. It notes in this regard that the minimum and maximum rates of income granting entitlement to benefits are set at 150 dinars as a minimum rate and 600 dinars as a maximum rate.

In view of this information, the Committee requests the Government to indicate whether these minimum and maximum rates are applicable for all categories of workers or only special categories, e.g. self-employed persons.

4. Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund had to be examined by one or more actuaries every three years. It requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. The Committee notes the Government’s indication that discussions with the ILO were held on the need to carry out an actuarial study so as to allow the Social Security Fund to appraise the number of participants as well as the cash and in-kind benefits which will be provided as well as the value of contributions for the persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.

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

The Committee notes the information provided by the Government in its report. It also notes with interest the mission carried out by the Office in July 2005, and the information provided to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomed the mission and provided assurances of its commitment to comply with the obligations deriving from the Convention. The Committee notes with interest 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 the ILO’s 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.

1. Part IV of the Convention. Unemployment benefit. With reference to its previous comments, the Committee notes the Government’s statement according to which it reiterates the information provided in its previous report on the application of Part IV of the Convention, especially after an actuarial study was undertaken by an ILO social security specialist, and that it will seek contributions relating to unemployment benefit. The Committee therefore 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 regulations 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.

2. 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 the provisions of the Civil Service Act No. 55 of 1976, and amendments made thereto and its executive regulations shall apply to employees who are non-nationals who are contract holders. Other regulations shall also apply to them in accordance with section 18 of the regulations on employees who have contracts as non-nationals who are entitled to family benefits in the same way as their national counterparts. The Committee notes this information. It hopes that the Government will provide copies of the administrative regulations with its next report.

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

With reference to its observation, the Committee notes the information provided by the Government in its report. It also notes the mission carried out by the Office in October 2004 and the information provided to it by the technical committee responsible for reports. It hopes that as a result of the technical assistance that it has requested, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which the Committee has commented and that it will provide information in its next report on the following points.

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48 of the Convention. The Committee notes the Government’s indication that all employees without exception are entitled to medical care. It hopes that the Government will provide statistical information with its next report on the scope of each of the above contingencies, as requested by the report form under Article 76, Title I, of the Convention, with an indication of the number of employees protected by the social security scheme in relation to the total number of employees in the country.

2. Part II (Medical care), Article 10, paragraph 2. In its previous comments, the Committee noted the information provided by the Government on the basis of which it understood that, in addition to the specialist care provided by the secretariat for social security under the social security legislation, basic care, including hospitalization when necessary, is provided by the health secretariat in exchange for the payment of the compulsory social security contribution of 2.5 per cent, as envisaged by section 29(d)(2) of Social Security Act No. 13 of 1980. The nature and type of specialist care are determined by rules made under sections 12(b) and 30 of Act No. 13, while the nature and type of basic care are determined by Health Act No. 106 of 1972 and its implementing regulations. The Committee once again hopes that the Government will provide copies of this legislation, with an indication of the provisions guaranteeing the types of medical care envisaged in Article 10, paragraph 2, of the Convention.

3. Part VIII (Maternity benefit), Article 50. In its previous comments, the Committee requested the Government to indicate whether a ceiling is prescribed for the overall monthly income taken into account for the calculation of maternity benefit or for the level of the benefit itself, and to provide copies of the applicable provisions. It notes the Government’s indication that no ceiling is prescribed, either for overall income, which is taken into account to the level of 100 per cent, nor for the amount of the benefit itself. It further notes section 25 of the Social Security Act No. 13 of 1980 and its amendments, referred to by the Government, which provides for a benefit equivalent to 100 per cent of the assumed income for a period of three months.

The Committee also requested the Government to provide the statistical data requested under Article 65 of the Convention, with an indication of the wage of a skilled manual male employee selected in accordance with paragraphs 6 and 7 of Article 65. The statistics provided by the Government do not contain the information requested. The Committee once again requests the Government to provide with its next report the statistical information requested under this provision.

4. Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. The Committee notes that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund has to be examined by one or more actuaries every three years. In previous comments, it requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. It notes the Government’s indication that the ILO has submitted a technical assistance project to the Social Security Fund in Libya in this field. The Committee hopes that the Government will provide information on the progress achieved in this respect.

[The Government is asked to report in detail in 2005.]

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

The Committee notes the information provided by the Government in its report. It also notes the mission carried out by the Office in October 2004, and the information provided to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomes the mission and provides assurances of its commitment to comply with the obligations deriving from the Convention. The Committee notes with interest the Government’s request to provide it with technical assistance to follow up the comments of the Committee and that this assistance will be provided during the course of 2005. 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 recalls that, under the terms of section 38 of the Social Security Act, No. 13 of 1980, and Decision No. 303 of 1988 establishing rules governing the provision of cash unemployment benefits, in cases where a contract of work is terminated without the insured person being entitled to a pension, the insured person continues to receive the previous wage from the employer for a maximum period of six months or until he or she finds another job. Upon completion of this period, the competent people’s committee of the public service takes over responsibility until the insured person is assigned to a suitable job. In relation to the minimum standards of protection set out in the Convention, which authorizes the limitation of unemployment benefit to 13 weeks at a replacement rate of 45 per cent, the Libyan system guarantees the protection during the whole period of unemployment with a replacement rate of 100 per cent. In the Government’s opinion, these provisions of the national legislation are adequate to ensure effective protection against unemployment, which is the essential purpose of the Convention.

The Committee considers that, while the Libyan system may prove to be effective in the current national context in which there is practically no unemployment, with the result that the financial burden borne respectively by employers and local budgets remains under control, its effectiveness could rapidly become inadequate where, in the context of greater openness of the national economy to global markets, unemployment and production costs in the country were to rise. The Committee therefore wishes 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 will be able to reconsider the question in the light of its position as expressed in its 1995 report, in which it indicated that it would endeavour 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. In this respect, the Committee notes that the technical committee is of the opinion that provisions should be introduced into the national social security system to cover unemployment benefit with a view to giving effect to Part IV of the Convention, and that the submission to amend section 38 of Act No. 13 and Decision No. 303, referred to above, has been forwarded to the Social Security Fund with a view to bringing these provisions into conformity with the Convention. The Committee also notes the indication of the technical committee that it will ascertain whether the Social Security Fund has made progress in this respect and will provide information as soon as possible.

2. 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 employers or residents. In reply, the Government indicated in its previous report that the family benefit for the various categories of employees is covered by the legislation respecting labour and the public service and that the purpose of the Convention to provide family benefit to all employees without exception is fully attained. The Committee notes the decision of the People’s Committee of 24 April 1978, a copy of which was provided by the Government, which provides in section 1 that "Libyan employees, in both the public sector and the private sector, shall receive in addition to their wage and other indemnities, a family allowance ...". The Committee recalls that the Convention also covers employees who are not nationals. It hopes that the Government will provide copies with its next report of the provisions which also ensure that non-nationals are entitled to benefit from family allowances.

[The Government is requested to report in detail in 2005.]

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

With reference to its observation, the Committee notes the information concerning the application of Convention No. 102 and Part II (Medical care) of Convention No. 130, provided by the technical committee responsible for preparing the necessary replies to the comments of the Committee of Experts, which were forwarded by the Government in May 2000. It notes in particular the information concerning the application of Articles 11, 51 and 71, paragraphs 1 and 2, of the Convention, on which it had commented previously. With regard to other issues that it has been raising for several years, the Committee hopes that the Government will provide full particulars for examination at its next session, particularly on the following points.

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48, of the Convention. Please supply statistics relating to the scope of each of the above contingencies, as requested by the report form under Article 76, Title I, of the Convention, with an indication of the number of employees protected by the social security scheme in relation to the total number of employees in the country.

2. Part II (Medical care), Article 10, paragraph 2. According to the information provided by the Government, the Committee understands that, in addition to the specialist care provided by the secretariat for social security under the social security legislation, basic care, including hospitalization when necessary, is provided by the health secretariat in exchange for the payment of the compulsory social security contribution of 2.5 per cent envisaged by section 29(d)(2) of the Social Security Act No. 13 of 1980. The nature and type of specialist care are determined by rules made under sections 12(b) and 30 of Act No. 13, while the nature and type of basic care are determined by the Health Act No. 106 of 1972 and its implementing regulations. The Committee would therefore be grateful if the Government would provide copies of this legislation, with an indication of the provisions guaranteeing the types of medical care envisaged in Article 10, paragraph 2, of the Convention.

3. Part VIII (Maternity benefit), Article 50. With reference to its previous comments, the Committee once again requests the Government to indicate whether a ceiling is prescribed for the overall monthly income taken into account for the calculation of maternity benefit or for the level of the benefit itself, and to provide copies of the applicable provisions. Please also provide the statistics requested under Article 65 of the Convention and indicate the wage of a skilled manual male employee selected in accordance with paragraphs 6 and 7 of Article 65.

4. Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. The Committee notes that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund has to be examined by one or more actuaries every three years. The Government is therefore requested to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security have been carried out recently and, if so, to provide the results of these studies.

[The Government is asked to report in detail in 2003.]

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

I. With reference to the comments that it has been making for many years on Conventions Nos. 102, 118, 121, 128 and 130, the Committee notes that the Government provided information in May 2000 prepared by the technical committee responsible for preparing the necessary replies to the comments of the Committee of Experts. The Committee notes with regret that most of the questions raised in its previous comments received no reply, despite the reminders sent to the Government in July 2000. This concerns in particular all the requests for the statistical information required by the report forms adopted by the Governing Body on the above Conventions. Furthermore, the detailed reports on the application of Conventions Nos. 102, 118 and 128, which the Government should have submitted in 2001, have not been received. In these conditions, the Committee is bound to take up once again certain matters raised in its previous comments in the hope that reports and detailed replies will be sent by the Government for examination at its next session in November-December 2003. The Committee recalls that, if the Government is experiencing difficulties of an administrative or technical nature in the compilation of statistical data in the field of social security, in preparing reports or amending the relevant legislation, it could always have recourse to the technical assistance of the International Labour Office in this field.

II. With regard more particularly to Convention No. 102, the Government has supplied, in addition to the information from the above technical committee, the report for the period ending 30 June 2001, which only contains replies to the observation of 1999, but not to the questions raised by the Committee in its direct request of the same year. The Committee has therefore been bound to take up once again certain of these matters in a new request addressed directly to the Government. Finally, with regard to the matters raised in its previous observation, it hopes that full particulars will be provided by the Government on the following points.

1. Part IV (Unemployment benefit) of the Convention. With reference to its previous comments, the Committee recalls that, under the terms of section 38 of the Social Security Act, No. 13 of 1980, and Decision No. 303 of 1988 establishing rules governing the provision of cash unemployment benefits, where a contract of work or service is terminated without the insured person being entitled to a pension, the contributor continues to receive the previous wage from the employer for a maximum period of six months or until he or she finds another job and, upon completion of this period, from the competent people’s committee of the public service until the contributor is assigned to a suitable job. In relation to the minimum standards set out in the Convention, which authorizes the limitation of unemployment benefit to 13 weeks at a replacement rate of 45 per cent, the Libyan system extends the protection during the whole period of unemployment with a replacement rate of 100 per cent. In the Government’s opinion, as expressed in the past and endorsed in its last report, these provisions of the national legislation are adequate to ensure effective protection against unemployment, which is the essential purpose of the Convention.

The Committee considers that, while the Libyan system may prove to be effective in the current national context in which there is practically no unemployment, with the result that the financial burden borne respectively by employers and local budgets remains under control, its effectiveness could rapidly become inadequate where, in the context of greater openness of the national economy to global markets, unemployment and production costs in the country were to rise. The Committee therefore wishes to draw the Government’s attention to the fact that, although the Convention is intended to afford effective protection against unemployment, it envisages doing so 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 will reconsider the question in the light of its position as expressed in its 1995 report, in which it indicated that it would endeavour to adopt the necessary rules to permit the Social Security Fund to receive contributions and to pay unemployment benefit, thereby giving effect to Part IVof the Convention by means of the social security system and taking into account more fully the principles of organization and financing set out in Articles 71 and 72. In this respect, the Committee notes that the technical committee is of the opinion that provisions should be introduced in the national social security system to cover unemployment benefit with a view to giving effect in practice to Part IV of the Convention, and that it indicates that the submission to amend section 38 of Act No. 13 and Decision No. 303, referred to above, has been forwarded to the Social Security Fund with a view to bringing these provisions into conformity with the Convention. The Committee would be grateful if the Government would indicate the progress achieved in this respect in its next report.

2. 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 reply, the Government indicates that the family benefit for the various categories of employees is covered by the legislation respecting labour and the public service and that the purpose of the Convention of providing family benefit to all employees without exception is fully attained. The Committee notes this information with interest and hopes to receive copies of the legislative provisions in question with the Government’s next report.

[The Government is asked to report in detail in 2003.]

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

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.

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

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

1. Part IV (Unemployment benefit) of the Convention. The Committee notes with regret that the Government's report received in 1997 only reproduces the information provided previously and adds no new element allowing it to assess developments in the situation. In these circumstances, the Committee wishes to recall that the unemployment benefit paid by the employer cannot be considered as sufficient to give effect to Part IV of the Convention, which has to be implemented by a system of social security organized and financed in accordance with Articles 71 and 72 of the Convention. The Committee therefore hopes that the Government will not fail to re-examine the situation and to take all the necessary measures, in both law and in practice, to establish an unemployment protection system in accordance with the Convention. 2. Part VII (Family benefit). The Committee notes with regret that the Government's report contains no new information on this subject in reply to its previous observation. It is therefore bound to recall that section 24 of the Social Security Act provides for the provision of family allowances to pensioners only whereas, in accordance with Article 41 of the Convention, the persons protected shall comprise: (a) prescribed classes of employees, constituting not less than 50 per cent of employees; or (b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or (c) all residents whose means during the contingency do not exceed prescribed limits. The Committee once again hopes that the Government will be able to re-examine the situation so as to include in the Libyan social security scheme measures relating to family benefit in order to ensure that full effect is given to Part VII of the Convention.

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

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Part IV (Unemployment benefit) of the Convention. The Committee notes with regret that the Government's report received in 1997 only reproduces the information provided previously and adds no new element allowing it to assess developments in the situation. In these circumstances, the Committee wishes to recall that the unemployment benefit paid by the employer cannot be considered as sufficient to give effect to Part IV of the Convention, which has to be implemented by a system of social security organized and financed in accordance with Articles 71 and 72 of the Convention. The Committee therefore hopes that the Government will not fail to re-examine the situation and to take all the necessary measures, in both law and in practice, to establish an unemployment protection system in accordance with the Convention.

2. Part VII (Family benefit). The Committee notes with regret that the Government's report contains no new information on this subject in reply to its previous observation. It is therefore bound to recall that section 24 of the Social Security Act provides for the provision of family allowances to pensioners only whereas, in accordance with Article 41 of the Convention, the persons protected shall comprise: (a) prescribed classes of employees, constituting not less than 50 per cent of employees; or (b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or (c) all residents whose means during the contingency do not exceed prescribed limits. The Committee once again hopes that the Government will be able to re-examine the situation so as to include in the Libyan social security scheme measures relating to family benefit in order to ensure that full effect is given to Part VII of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

I. 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. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48 of the Convention. In reply to the Committee's previous comments concerning the determination of the scope of each of the above contingencies, the Government states that social security covers all workers, trainees and self-employed workers in all economic activities. The Committee takes due note of this information. However, it notes that the Government's report does not contain the statistical information which it requested previously and which is necessary to assess the manner in which the Convention is applied in practice. It therefore requests it to supply the statistics relating to the scope of its application 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 1. In reply to the Committee's previous comments, the Government states that specialist care is provided free of charge in the event of accidents and serious illnesses. It adds that home visits are envisaged with minimal fees and that medicaments are provided free of charge. The Committee notes this information with interest. It requests the Government to supply the text of the legal provisions which are applicable and to state whether medical care includes hospitalization where necessary.

(b) Article 11. With reference to its previous comments, the Committee notes the information supplied by the Government concerning the qualifying period for entitlement to cash benefits. It once again requests the Government to indicate whether a qualifying period is also required for entitlement to medical care and, if so, its duration and the rules used to calculate it, particular account being taken of the provisions of section 35 of Act No. 13 of 1980.

(c) Article 12. The Committee notes with interest that medical care is provided without any limits on its duration until the patient is cured. It once again requests the Government to supply the text of the regulations issued under sections 12(b) and 30 of Act No. 13 of 1980.

3. Part VIII (Maternity benefit). With reference to its previous comments, the Committee notes that maternity cash benefits are subject to a qualifying period of four months of contributions during the six months prior to the contingency. It requests the Government to state whether a qualifying period is also required for entitlement to medical benefits in the event of maternity and, if so, its duration and the rules used for calculating it, particular account being taken of the provisions of section 35 of Act No. 13 of 1980.

4. Part XIII (Common provisions). (a) Article 71, paragraphs 1 and 2. With reference to its previous comments, the Committee notes the information supplied by the Government and particularly Act No. 1 of 1991 to establish certain social security measures. It once again requests the Government to supply the information requested in the report form on this Article of the Convention, with an indication, for each of the Parts of the Convention for which the provisions have been accepted, of the total resources allocated to the protection of employees, their wives and their children, and the total insurance contributions borne by the employees protected.

(b) Article 71, paragraph 3, and Article 72, paragraph 2. With reference to its previous comments, the Committee notes Decision No. 1109 of 1990 of the People's General Committee concerning the organization of the social security fund. It requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are made 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 that the Government's reply communicated in June 1995 still does not contain the statistics requested, nor does it state whether recourse is made to Article 65 or Article 66 of the Convention for the calculation of maternity benefit. The Government confirms however 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 to indicate the rules which are used for calculating this overall monthly income, with an indication of whether a ceiling has been established. Please supply the text of the applicable provisions.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

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

With regard to Part IV (Unemployment benefit) of the Convention, the Committee notes the information supplied by the Government in June 1995 in reply to its previous observation. Referring to section 38 of the Social Security Act of 1980 and Decision No. 303 of 1988, which set out rules governing the provision of cash unemployment benefits, the Government confirms that where a contributor's work or service is terminated without him being entitled to a pension, he shall continue to receive his previous salary until he finds another job, subject to such limits and in accordance with such conditions and rules as may be prescribed for this purpose. It further states that the Social Security Fund has not paid unemployment benefits up to now because it has not yet imposed the contributions to cover unemployment, such a measure requiring amendment of the insurance legislation currently in force. The Government adds that there is virtually no unemployment in the country, but that it is endeavouring to establish the necessary rules to apply Part IV of the Convention. The Committee wishes to recall in this respect that the unemployment benefits which are payable by the employer cannot be considered as sufficient to give effect to Part IV of the Convention, which has to be implemented by a system of social security organized and financed in accordance with Articles 71 and 72 of the Convention. It therefore hopes that the Government will be able to take the necessary measures, in law and in practice, in order to establish an unemployment social security scheme in accordance with the Convention. It asks the Government to indicate the progress made in this respect in its next report.

With regard to Part VII (Family benefit), the Committee recalls that section 24 of the Social Security Act only covers the provision of family allowances to pensioners whereas, according to Article 41 of the Convention, the persons protected shall comprise: (a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or (b) prescribed classes of all the economically active population, constituting not less than 20 per cent of all residents; or (c) all residents whose means during the contingency do not exceed prescribed limits. It once again hopes that the Government will be able to re-examine the situation so as to include in the Libyan social security scheme measures relating to family allowances in order to ensure that full effect is given to Part VII of the Convention.

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

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48 of the Convention. In reply to the Committee's previous comments concerning the determination of the scope of each of the above contingencies, the Government states that social security covers all workers, trainees and self-employed workers in all economic activities. The Committee takes due note of this information. However, it notes that the Government's report does not contain the statistical information which it requested previously and which is necessary to assess the manner in which the Convention is applied in practice. It therefore requests it to supply the statistics relating to the scope of its application 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 1. In reply to the Committee's previous comments, the Government states that specialist care is provided free of charge in the event of accidents and serious illnesses. It adds that home visits are envisaged with minimal fees and that medicaments are provided free of charge. The Committee notes this information with interest. It requests the Government to supply the text of the legal provisions which are applicable and to state whether medical care includes hospitalization where necessary.

(b) Article 11. With reference to its previous comments, the Committee notes the information supplied by the Government concerning the qualifying period for entitlement to cash benefits. It once again requests the Government to indicate whether a qualifying period is also required for entitlement to medical care and, if so, its duration and the rules used to calculate it, particular account being taken of the provisions of section 35 of Act No. 13 of 1980.

(c) Article 12. The Committee notes with interest that medical care is provided without any limits on its duration until the patient is cured. It once again requests the Government to supply the text of the regulations issued under sections 12(b) and 30 of Act No. 13 of 1980.

3. Part VIII (Maternity benefit). (a) Article 50. With reference to its previous comments, the Committee notes that the Government has not supplied the statistics requested, nor does it state whether it has recourse to Article 65 or Article 66 for the calculation of maternity benefit. However, since, according to the Government's report, the above benefits are calculated on the basis of the overall monthly income taken into account for the calculation of contributions, the Committee requests the Government to indicate the rules which are used for calculating this overall monthly income, with an indication of whether a ceiling has been established. Please supply the text of the applicable provisions.

(b) With reference to its previous comments, the Committee notes that maternity cash benefits are subject to a qualifying period of four months of contributions during the six months prior to the contingency. It requests the Government to state whether a qualifying period is also required for entitlement to medical benefits in the event of maternity and, if so, its duration and the rules used for calculating it, particular account being taken of the provisions of section 35 of Act No. 13 of 1980.

(c) With reference to its previous comments, the Committee notes Decision No. 408 of 1982 of the People's General Committee to establish rules governing short-term allowances for self-employed workers, of which section 8 fixes the duration of maternity benefits at three months.

4. Part XIII (Common provisions). (a) Article 71, paragraphs 1 and 2. With reference to its previous comments, the Committee notes the information supplied by the Government and particularly Act No. 1 of 1991 to establish certain social security measures. It once again requests the Government to supply the information requested in the report form on this Article of the Convention, with an indication, for each of the Parts of the Convention for which the provisions have been accepted, of the total resources allocated to the protection of employees, their wives and their children, and the total insurance contributions borne by the employees protected.

(b) Article 71, paragraph 3, and Article 72, paragraph 2. With reference to its previous comments, the Committee notes Decision No. 1109 of 1990 of the People's General Committee concerning the organization of the social security fund. It requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are made periodically and, if so, to forward the results of these studies.

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

In its previous report, the Government stated that the National Committee for the Examination of International Labour Conventions and Recommendations, established by Decision No. 72 of 1985, as amended, recommended the introduction of provisions concerning Part IV (Unemployment benefit) and Part VII (Family benefit) of the Convention into the national social security scheme, unless the decision was taken to denounce the above Parts of the Convention.

With regard to Part IV, the Government states that section 38 of the Social Security Act of 1980 and Decision No. 303 of 1988 of the People's General Committee to set forth the rules governing the cash benefits provided in the event of unemployment, cover the provisions of the Convention. Having examined the text of the above Decision, the Committee notes that the unemployment benefits which are provided in certain circumstances are payable by the employer and cannot therefore give effect to Part IV of the Convention, which has to be implemented by a system of social security organized and financed in accordance with Articles 71 and 72 of the Convention. The Committee draws the Government's attention in particular to Article 71, paragraph 1, which provides that the cost of the benefits provided in compliance with this Convention and the cost of the administration of such benefits shall be borne collectively by way of insurance contributions or taxation or both.

With regard to Part VII, the Government refers to section 24 of the Social Security Act and certain provisions issued thereunder. The Committee recalls in this respect that section 24 of the Social Security Act only covers the provision of family allowances to pensioners whereas, according to Article 41 of the Convention, the persons protected shall comprise: (a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or (b) prescribed classes of all the economically active population, constituting not less than 20 per cent of all residents; or (c) all residents whose means during the contingency do not exceed prescribed limits.

The Committee hopes that the Government will be able to re-examine the situation in view of the above comments and to state in its next report the measures which have been taken or are envisaged to include in the Libyan social security scheme measures relating to unemployment benefit and family allowances in order to ensure that full effect is given to Part IV (Unemployment benefit) and Part VII (Family benefit), in accordance with the recommendations of the National Committee for the Examination of International Labour Conventions and Recommendations. It requests the Government to indicate in its next report the progress achieved in this respect.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its observation, the Committee wishes to draw the Government's attention and to receive additional information on the following points:

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48 of the Convention. The Committee requests the Government: (a) to indicate which one of the formulas contained in the various paragraphs of the above Articles of the Convention is used to determine the scope of each of the above contingencies, and (b) to supply the corresponding statistics requested in the report form adopted by the Governing Body of the ILO for this Convention under Article 76 (Titles I, II and III, according to the clause which is used).

2. Part II (Medical care). (a) Article 10, paragraph 1. Please describe in detail the different types of medical care listed in section 30 of Act No. 13 of 1980 concerning social security, particularly in respect of sickness and maternity.

(b) Article 11. Please indicate whether any qualifying period is required of insured persons for entitlement to benefit and, if so, please state its duration and the manner in which it is calculated, particular account being taken of the provisions of section 35 of the above Act.

(c) Article 12. Please indicate whether a limit has been set for the period during which the various kinds of medical benefit are granted and, if so, please specify this limit.

(d) Please supply the text of any regulations adopted under sections 12(b) and 30 of Act No. 13 of 1980.

3. Part VIII (Maternity benefit). (a) Article 50. Please indicate whether Article 65 or Article 66 of the Convention is used for the calculation of maternity benefit and please supply the statistics requested in the report form adopted by the Governing Body for this Convention under Titles I and V of the Article selected (particularly the wage of a skilled male manual worker, in the case of Article 65, or the wage of an ordinary adult male labourer, in the case of Article 66).

(b) Please indicate whether any qualifying period is required for entitlement to benefit and, if so, please state its duration and the manner in which it is calculated, particular account being taken of the provisions of section 35 of Act No. 13 of 1980.

(c) Please supply the texts of the regulations issued under section 25, paragraph 2 (other contributors), of Act No. 13 of 1980.

4. Part XIII (Common provisions). (a) Article 71, paragraphs 1 and 2. Please state how effect is given to these provisions of the Convention concerning the financing of benefits, providing, in particular, the information required by the report form under this Article of the Convention.

5. (b) Article 71, paragraph 3, and Article 72, paragraph 2. Please provide information on the organisation and operation, in practice, of the Libyan social security system, and, in particular, on the measures taken, if any, to ensure the co-ordination and supervision of the activities of the local people's social security committees set up under section 5 of Act No. 13 of 1980 respecting social security.

6. Please supply the texts of regulations and decisions adopted under section 35 of Act No. 13 of 1980.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes from the information supplied by the Government in its report that the National Committee for the Study of International Labour Conventions and Recommendations, established by Decision No. 72 of 1985 as amended, recommends the introduction of provisions concerning Part IV (Unemployment benefit) and Part VII (Family benefit) of the Convention into the social security scheme unless the decision is taken to denounce the above-mentioned Parts in accordance with Article 82, with the consequent disadvantages.

The Committee takes note of this statement. It ventures to remind the Government of the possibility of requesting the technical cooperation of the ILO to assist it in resolving the difficulties encountered. It therefore hopes that the Government will be in a position to take the necessary measures to introduce into the Libyan social security scheme provisions concerning unemployment benefit and family benefit so as to ensure the application of Part IV (Unemployment benefit) and Part VII (Family benefit). It asks the Government to indicate in its next report the progress made in that respect.

In addition the Committee again draws the Government's attention to a number of points which it is raising in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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

I. In its previous comments, the Committee raised a number of questions concerning in particular Part II (Medical care) and Part VIII (Maternity benefit). Since the Government's report contains no reply to the questions that the Committee has been raising since 1982, the Committee trusts that the Government will not fail to provide information on the following points with its next report:

1. Part II (Medical Care), Article 9 of the Convention and Part VIII (Maternity benefit), Article 48. The Committee requests the Government: (a) to indicate which one of the formulas contained in the various paragraphs of the above Articles of the Convention is used to determine the scope of each of the above contingencies, and (b) to supply the corresponding statistics requested in the report form adopted by the Governing Body of the ILO for this Convention under Article 76 (Titles I, II and III, according to the clause which is used).

2. Part II (Medical care). (a) Article 10, paragraph 1. Please describe in detail the different types of medical care listed in section 30 of Act No. 13 of 1980 concerning social security, particularly in respect of sickness and maternity.

(b) Article 11. Please indicate whether any qualifying period is required of insured persons for entitlement to benefit and, if so, please state its duration and the manner in which it is calculated, particular account being taken of the provisions of section 35 of the above Act.

(c) Article 12. Please indicate whether a limit has been set for the period during which the various kinds of medical benefit are granted and, if so, please specify this limit.

(d) Please supply the text of any regulations adopted under sections 12(b) and 30 of Act No. 13 of 1980.

3. Part VIII (Maternity benefit). (a) Article 50. Please indicate whether Article 65 or Article 66 of the Convention is used for the calculation of maternity benefit and please supply the statistics requested in the report form adopted by the Governing Body for this Convention under Titles I and V of the Article selected (particularly the wage of a skilled male manual worker, in the case of Article 65, or the wage of an ordinary adult male labourer, in the case of Article 66.

(b) Please indicate whether any qualifying period is required for entitlement to benefit and, if so, please state its duration and the manner in which it is calculated, particular account being taken of the provisions of section 35 of Act No. 13 of 1980.

(c) Please supply the texts of the regulations issued under section 25, paragraph 2 (other contributors), of Act No. 13 of 1980.

4. Please supply the texts of regulations and decisions adopted under section 35 of Act No. 13 of 1980.

II. The Committee would also be grateful if the Government would provide information on the following points:

1. Part XIII (Common provisions), Article 71, paragraphs 1 and 2. Please state how effect is given to these provisions of the Convention concerning the financing of benefits, providing, in particular, the information required by the report form under this Article of the Convention.

2. Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. Please provide information on the organisation and operation, in practice, of the Libyan social security system, and, in particular, on the measures taken, if any, to ensure the co-ordination and supervision of the activities of the local people's social security committees set up under section 5 of Act No. 13 of 1980 respecting social security.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

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

In reply to the Committee's previous comments, the Government indicates that the tripartite committee responsible for examining international conventions and recommendations, established by Decision No. 72 of 1985 as amended, proposes that provisions on unemployment and family allowances be introduced into the social security system. It adds that the competent legal authorities, before taking a final decision, have submitted the recommendations of the above committee to the legal department for an opinion. The Committee notes this information with interest. It hopes that it will be possible for provisions on unemployment and family allowances to be introduced shortly into the Libyan social security system and that they will enable full effect to be given to Part IV (Unemployment benefit) and Part VII (Family benefit) of the Convention, and asks the Government to indicate the progress made in this respect in its next report. The Committee would also be grateful if the Government would supply the text of the new provisions on unemployment and family allowances as soon as they are adopted, and to provide detailed information on the implementation of the above-mentioned Parts IV and VII of the Convention, in accordance with the report form adopted by the Governing Body. The Committee also draws the Government's attention to a number of points raised in a request addressed directly to the Government.

TEXT

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

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

I. In its previous comments, the Committee raised a number of questions concerning in particular Part II (Medical care) and Part VIII (Maternity benefit). Since the Government's report contains no reply to the questions that the Committee has been raising since 1982, the Committee trusts that the Government will not fail to provide information on the following points with its next report:

1. Part II (Medical Care), Article 9 of the Convention and Part VIII (Maternity benefit), Article 48. The Committee requests the Government: (a) to indicate which one of the formulas contained in the various paragraphs of the above Articles of the Convention is used to determine the scope of each of the above contingencies, and (b) to supply the corresponding statistics requested in the report form adopted by the Governing Body of the ILO for this Convention under Article 76 (Titles I, II and III, according to the clause which is used).

2. Part II (Medical care). (a) Article 10, paragraph 1. Please describe in detail the different types of medical care listed in section 30 of Act No. 13 of 1980 concerning social security, particularly in respect of sickness and maternity.

(b) Article 11. Please indicate whether any qualifying period is required of insured persons for entitlement to benefit and, if so, please state its duration and the manner in which it is calculated, particular account being taken of the provisions of section 35 of the above Act.

(c) Article 12. Please indicate whether a limit has been set for the period during which the various kinds of medical benefit are granted and, if so, please specify this limit.

(d) Please supply the text of any regulations adopted under sections 12(b) and 30 of Act No. 13 of 1980.

3. Part VIII (Maternity benefit). (a) Article 50. Please indicate whether Article 65 or Article 66 of the Convention is used for the calculation of maternity benefit and please supply the statistics requested in the report form adopted by the Governing Body for this Convention under Titles I and V of the Article selected (particularly the wage of a skilled male manual worker, in the case of Article 65, or the wage of an ordinary adult male labourer, in the case of Article 66.

(b) Please indicate whether any qualifying period is required for entitlement to benefit and, if so, please state its duration and the manner in which it is calculated, particular account being taken of the provisions of section 35 of Act No. 13 of 1980.

(c) Please supply the texts of the regulations issued under section 25, paragraph 2 (other contributors), of Act No. 13 of 1980.

4. Please supply the texts of regulations and decisions adopted under section 35 of Act No. 13 of 1980.

II. The Committee would also be grateful if the Government would provide information on the following points:

1. Part XIII (Common provisions), Article 71, paragraphs 1 and 2. Please state how effect is given to these provisions of the Convention concerning the financing of benefits, providing, in particular, the information required by the report form under this Article of the Convention.

2. Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. Please provide information on the organisation and operation, in practice, of the Libyan social security system, and, in particular, on the measures taken, if any, to ensure the co-ordination and supervision of the activities of the local people's social security committees set up under section 5 of Act No. 13 of 1980 respecting social security. [The Government is asked to report in detail for the period ending 30 June 1990.]

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

1. In reply to the Committee's previous comments, the Government indicates that the tripartite committee responsible for examining international conventions and recommendations, established by Decision No. 72 of 1985 as amended, proposes that provisions on unemployment and family allowances be introduced into the social security system. It adds that the competent legal authorities, before taking a final decision, have submitted the recommendations of the above committee to the legal department for an opinion.

The Committee notes this information with interest. It hopes that it will be possible for provisions on unemployment and family allowances to be introduced shortly into the Libyan social security system and that they will enable full effect to be given to Part IV (Unemployment benefit) and Part VII (Family benefit) of the Convention, and asks the Government to indicate the progress made in this respect in its next report. The Committee would also be grateful if the Government would supply the text of the new provisions on unemployment and family allowances as soon as they are adopted, and to provide detailed information on the implementation of the above-mentioned Parts IV and VII of the Convention, in accordance with the report form adopted by the Governing Body.

The Committee also draws the Government's attention to a number of points raised in a request addressed directly to the Government. [The Government is asked to report in detail for the period ending 30 June 1990.]