Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - 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 with the regular reporting cycle.

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 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:

Article 8 of the Convention. Occupational diseases. In its previous comments, the Committee noted that the list of occupational diseases contained in Annex A to the 1981 Regulations on Social Security Pensions was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the National Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 of Schedule 1 of the Convention, which also covers the above disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the National Schedule covers diseases and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule to the Convention is drawn up in general terms and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the National Schedule regarding anthrax infection does not refer, among the activities involving exposure to the risks in question, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcasses infected by anthrax, contrary to the right-hand column of item 15 of the Schedule to the Convention. The Committee notes that the Schedule of Occupational Diseases annexed to the Regulations on Insurance Benefits No. 669 of 1981 are currently being amended. The Committee requests the Government to keep it informed of any progress made in this regard.

Article 10. Sharing of insured persons in the cost of medical care. The Committee recalled in its previous comments the Government’s statement in 1992 that prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the sharing of insured persons in the cost of medical care, the Committee requested the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point. The Committee notes the information provided by the Government, according to which the indicated percentage relates to the rate paid by insured persons for medical care provided by hospitals and health centres, which is comprehensive care that includes accommodation and surgery. With regard to prosthetic appliances, the share of insured persons is 1 per cent of their cost. In view of the fact that this provision of the Convention does not provide for the sharing of insured persons in the cost of medical care, the Committee requested the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

Articles 13, 14 and 18 (in conjunction with Articles 19 or 20). Calculation of benefits. The Committee notes that the Government’s report contains no reply to its previous comments. The Committee therefore hopes that the Government will provide the information requested under the report form on the calculation of an employment injury pension for a standard beneficiary who worked in salaried employment when the contingency occurred. The Committee would also like the Government to provide up to date information on the wage of a skilled manual male employee determined in accordance with Article 19(6) of the Convention, under Titles I–V, and on the wage of an ordinary adult male labourer determined in accordance with Article 20(4), under Titles I–V. It would also like the Government to communicate information on the average wage of all protected persons.

Article 21. Review of periodical payments. With reference to its previous comments, the Committee reiterates that the actuarial studies have not been finalized yet. In light of these studies, it will be possible to increase cash benefits envisaged in the above section. In view of the importance that it attaches to this provision of the Convention, which establishes that the rates of employment injury benefit must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government will accordingly review the rate of benefit and that its next report will contain information in this regard.

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

The Committee refers the Government to its observation and notes the information provided in its report. It notes with interest the information on the application of Article 22(e) of the Convention. It also 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 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.

Article 8 of the Convention. In its previous comments, the Committee noted that the list of occupational diseases contained in Annex A to the 1981 Regulations on Social Security Pensions was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the National Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 of Schedule 1 of the Convention, which also covers the above disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the National Schedule covers diseases and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule to the Convention is drawn up in general terms and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the National Schedule regarding anthrax infection does not refer, among the activities involving exposure to the risks in question, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcasses infected by anthrax, contrary to the right-hand column of
item 15 of the Schedule to the Convention. The Committee notes that the Schedule of Occupational Diseases annexed to the Regulations on Insurance Benefits No. 669 of 1981 are currently being amended. The Committee requests the Government to keep it informed of any progress made in this regard.

Article 10. The Committee recalled in its previous comments the Government’s statement in 1992 that prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the sharing of insured persons in the cost of medical care, the Committee requested the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point. The Committee notes the information provided by the Government, according to which the indicated percentage relates to the rate paid by insured persons for medical care provided by hospitals and health centres, which is comprehensive care that includes accommodation and surgery. With regard to prosthetic appliances, the share of insured persons is 1 per cent of their cost. In view of the fact that this provision of the Convention does not provide for the sharing of insured persons in the cost of medical care, the Committee requested the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

Articles 13, 14 and 18 (in conjunction with Articles 19 or 20). The Committee notes that the Government’s report contains no reply to its previous comments. The Committee therefore hopes that the Government will provide the information requested under the report form on the calculation of an employment injury pension for a standard beneficiary who worked in salaried employment when the contingency occurred. The Committee would also like the Government to provide up to date information on the wage of a skilled manual male employee determined in accordance with paragraph 6 of Article 19 of the Convention, under Titles I–V, and on the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of Article 20, under Titles I–V. It would also like the Government to communicate information on the average wage of all protected persons.

Article 21. With reference to its previous comments, the Committee reiterates that the actuarial studies have not been finalized yet. In light of these studies, it will be possible to increase cash benefits envisaged in the above section. In view of the importance that it attaches to this provision of the Convention, which establishes that the rates of employment injury benefit must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government will accordingly review the rate of benefit and that its next report will contain information in this regard.

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

The Committee refers the Government to its direct request and notes the information provided in its report. It 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 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.

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 refers the Government to its observation and notes the information provided in its report. It 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 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.

Article 8 of the Convention. In its previous comments, the Committee noted that the list of occupational diseases contained in Annex A to the 1981 Regulations on Social Security Pensions was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the National Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 of Schedule 1 of the Convention, which also covers disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the National Schedule covers diseases and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule to the Convention is drawn up in general terms and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the National Schedule regarding anthrax infection does not refer, among the activities involving exposure to the risks in question, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcasses infected by anthrax, contrary to the right-hand column of item 15 of the Schedule to the Convention. The Committee notes with interest that Regulations on Insurance Benefits No. 669 of 1981 will be revised so as to be in conformity with the Schedule of Occupational Diseases annexed to the Convention. The Committee requests the Government to keep it informed on any progress made in this regard.

Article 10. The Committee recalled in its previous comments the Government’s statement in 1992 that prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requested the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point. The Committee notes the information provided by the Government, according to which medical services are provided by hospitals and health centres provided insured persons participate by paying 2.5 per cent. It would like the Government to specify whether the indicated percentage relates to the rate of contributions to be paid by insured persons or whether it relates to the cost of the prosthetic appliances.

Articles 13, 14 and 18 (in conjunction with Articles 19 or 20). With reference to its previous comments, the Committee notes the information provided by the Government on the calculation of benefits for a self-employed person. The Committee would therefore like the Government to provide the information requested under the report form on the calculation of an employment injury pension for a standard beneficiary who worked in salaried employment when the contingency occurred. The Committee would also like the Government to provide up-to-date information on the wage of a skilled manual male employee determined in accordance with paragraph 6 of Article 19 of the Convention, under Titles I-V, and on the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of Article 20, under Titles I-V. It would also like the Government to communicate information on the average wage of all protected persons.

Article 21. With reference to its previous comments, the Committee notes the Government’s indication, according to which in the framework of cooperation with the ILO, the Government shall undertake a study to indicate the financial status for the evaluation of benefits in accordance with section 28 of the Social Security Act (No. 13 of 1980). In light of the study, it would be possible to increase cash benefits envisaged in the above section. In view of the importance that it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government will accordingly review the rate of benefits and that its next report will contain information in this regard.

Article 22(e). With reference to its previous comments, the Committee recalled that sections 38(5), 39(1)(b) and (c), 40 and 59 of the 1981 Regulations on Social Security Pensions are worded so as to allow the suspension of employment injury benefit in cases where the injury is caused by the wilful conduct of the person concerned, which is fully in conformity with this provision of the Convention, or in the event of serious misconduct of the person concerned, which is not authorized by the Convention unless the misconduct is wilful. In its report the Government indicates that in the event of serious misconduct of the person concerned, the suspension of an employment injury benefit is subject to verification of such cases through different investigations which are carried out with respect to an accident, and which determine whether an action is appropriate or not. The Committee takes note of this information. It hopes that the Government will examine the possibility of amending the Regulations on Social Security Pensions so as to ensure that the suspension of benefits is only authorized where the employment injury has been caused by the wilful misconduct of the person concerned.

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 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’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.

The Committee is raising a number of issues in a direct request and hopes that the Government will provide the information requested for examination at its next session.

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

Referring to its observation, the Committee notes the information provided by the Government in its report. It also notes the mission undertaken by the Office in October 2004 and the information supplied to it by the technical committee responsible for reports. It hopes that, further to the assistance requested, the Government will take the necessary measures to give full effect in law and in practice to the provisions of the Convention which are the subject of the comments and will provide information in its next report on the following points.

Article 8 of the Convention. In its previous comments, the Committee noted that the list of occupational diseases contained in Annex A to the 1981 Regulations on Social Security Pensions was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the National Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 of Schedule 1 of the Convention, which also covers disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the National Schedule covers diseases and pathological symptoms provoked by radium, radioactive substances or x-rays, whereas item 13 of the Schedule to the Convention is drawn up in general terms and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the National Schedule regarding anthrax infection does not refer, among the activities involving exposure to the risks in question, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcasses infected by anthrax, contrary to the right-hand column of item 15 of the Schedule to the Convention. The Committee therefore once again hopes that the Government will take measures to supplement, in accordance with the Convention, the Schedule of occupational diseases contained in Annex A to the 1981 Regulations on Social Security Pensions with provisions explicitly mentioning all the diseases and activities referred to above.

Article 10. The Committee recalls the Government’s statement in 1992 that prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee again requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

Articles 13, 14 and 18 (in conjunction with Articles 19 or 20). The Committee again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of comparing the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

Article 21. The Committee notes with regret that the Government’s report still does not contain statistical information on the review of current periodical payments for long-term benefits resulting from substantial changes in the cost of living or in wage levels, as envisaged in sections 28 and 34 of the Social Security Act (No. 13 of 1980). It once again trusts that the Government will make every effort to include such data in its next report in the manner required by the report form adopted by the Governing Body.

Article 22(e). With reference to its previous comments, the Committee notes with regret that the replies and examples given by the abovementioned technical committee merely reproduce the information previously provided in 1992. It recalls that sections 38(5), 39(1)(b) and (c), 40 and 59 of the 1981 Regulations on Social Security Pensions are worded so as to allow the suspension of employment injury benefit in cases where the injury is caused by the wilful conduct of the person concerned, which is fully in conformity with this provision of the Convention, or in the event of serious misconduct of the person concerned, which is not authorized by the Convention unless the misconduct is wilful. The Committee therefore trusts that the Government will amend, at the appropriate time, the above sections of the Regulations or to further specify their content in any other manner that accords with national practice, so as to ensure that the suspension of employment injury benefit is only authorized where the employment injury has been caused by the misconduct of the person concerned which is both serious and wilful.

[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 undertaken by the Office in October 2004 and the information supplied to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomed the mission and undertook to respect its obligations arising from the Convention. The Committee notes with interest the Government’s request for technical assistance in order to respond to the Committee’s comments and notes that this assistance will be provided during 2005. It hopes that, further to this assistance, the Government will take the necessary measures to give full effect in law and in practice to the provisions of the Convention which are the subject of the comments.

The Committee raises a number of issues in a direct request and hopes that the Government will provide the information requested for examination at its next session.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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:

With reference to its observation, the Committee notes the information from the technical committee responsible for preparing the necessary replies to the comments of the Committee of Experts, forwarded by the Government in May 2000. It notes in particular the information concerning the application of Article 7, paragraph 1, of the Convention, which was the subject of its previous comments. With regard to the other matters that it has been raising for several years, the Committee hopes that full particulars will be provided by the Government for examination at its next session, and particularly on the following points.

Article 8 of the Convention. In its previous comments, the Committee noted that the list of occupational diseases contained in Schedule A to the Regulations on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 of Schedule 1 of the Convention, which also covers disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the national Schedule covers diseases and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule to the Convention is drawn up in general terms and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national Schedule regarding anthrax infection does not refer among the activities involving exposure to the risk to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcasses infected by anthrax, contrary to the right-hand column of item 15 of the Schedule to the Convention. In its reply in 1992, the Government stated that both the above diseases and types of work are covered by the national legislation. The Committee therefore once again hopes that the Government will take measures to supplement, in accordance with the Convention, the Schedule of occupational diseases contained in Annex A to the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

Article 10. The Committee recalls the Government’s statement in 1992 that prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

Articles 13, 14 and 18 (in relation with Articles 19 or 20). The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of comparing of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

Article 21. The Committee notes with regret that the Government’s report still does not contain statistical information on the review of current periodical payments for long-term benefits resulting from substantial changes in the cost of living or in wage levels, as envisaged in sections 28 and 34 of the Social Security Act (No. 13 of 1980). It once again trusts that the Government will make every effort to include such data in its next report in the manner required by the report form adopted by the Governing Body.

Article 22(e). With reference to its previous comments, the Committee regrets to note that the replies and examples furnished by the above technical committee merely reproduce the information previously provided in 1992. It recalls that sections 38(5), 39(1)(b) and (c), 40 and 59 of the Regulations on Social Security Pensions of 1981 are worded so as to allow the suspension of employment injury benefit in cases where the injury is caused by the wilful conduct of the person concerned, which is fully in conformity with this provision of the Convention, or in the event of serious misconduct of the person concerned, which is not authorized by the Convention unless the misconduct is wilful. The Committee therefore trusts that the Government will not fail to amend, at the appropriate time, the above sections of the Regulations or to further specify their content in any other manner that accords with national practice, so as to ensure that the suspension of employment injury benefit is only authorized where the employment injury has been caused by the misconduct of the person concerned which is both serious and wilful.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

With reference to the comments that it has been making for several years on Conventions Nos. 102, 118, 121, 128 and 130, ratified by the Libyan Arab Jamahiriya, the Committee draws the Government’s attention to Part I of its observation concerning Convention No. 102.

With regard to Convention No. 121, the Committee regrets to note once again that the information provided by the technical committee responsible for preparing the necessary responses to the comments of the Committee of Experts, in the same way as the information provided by the Government in 1992, only gives partial responses and does not contain the statistical data required by the report form adopted by the Governing Body. The Committee is therefore bound to raise these matters once again in a new direct request in the hope that the Government will not fail to provide the information requested for examination at its next session.

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

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

With reference to its observation, the Committee notes the information from the technical committee responsible for preparing the necessary replies to the comments of the Committee of Experts, forwarded by the Government in May 2000. It notes in particular the information concerning the application of Article 7, paragraph 1, of the Convention, which was the subject of its previous comments. With regard to the other matters that it has been raising for several years, the Committee hopes that full particulars will be provided by the Government for examination at its next session, and particularly on the following points.

Article 8 of the Convention. In its previous comments, the Committee noted that the list of occupational diseases contained in Schedule A to the Regulations on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 of Schedule 1 of the Convention, which also covers disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the national Schedule covers diseases and pathological symptoms provoked by radium, radioactive substances or x-rays, whereas item 13 of the Schedule to the Convention is drawn up in general terms and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national Schedule regarding anthrax infection does not refer among the activities involving exposure to the risk to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcasses infected by anthrax, contrary to the right-hand column of item 15 of the Schedule to the Convention. In its reply in 1992, the Government stated that both the above diseases and types of work are covered by the national legislation. The Committee therefore once again hopes that the Government will take measures to supplement, in accordance with the Convention, the Schedule of occupational diseases contained in Annex A to the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

Article 10. The Committee recalls the Government’s statement in 1992 that prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

Articles 13, 14 and 18 (in relation with Articles 19 or 20). The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of comparing of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

Article 21. The Committee notes with regret that the Government’s report still does not contain statistical information on the review of current periodical payments for long-term benefits resulting from substantial changes in the cost of living or in wage levels, as envisaged in sections 28 and 34 of the Social Security Act (No. 13 of 1980). It once again trusts that the Government will make every effort to include such data in its next report in the manner required by the report form adopted by the Governing Body.

Article 22(e). With reference to its previous comments, the Committee regrets to note that the replies and examples furnished by the above technical committee merely reproduce the information previously provided in 1992. It recalls that sections 38(5), 39(1)(b) and (c), 40 and 59 of the Regulations on Social Security Pensions of 1981 are worded so as to allow the suspension of employment injury benefit in cases where the injury is caused by the wilful conduct of the person concerned, which is fully in conformity with this provision of the Convention, or in the event of serious misconduct of the person concerned, which is not authorized by the Convention unless the misconduct is wilful. The Committee therefore trusts that the Government will not fail to amend, at the appropriate time, the above sections of the Regulations or to further specify their content in any other manner that accords with national practice, so as to ensure that the suspension of employment injury benefit is only authorized where the employment injury has been caused by the misconduct of the person concerned which is both serious and wilful.

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

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

With reference to the comments that it has been making for several years on Conventions Nos. 102, 118, 121, 128 and 130, ratified by the Libyan Arab Jamahiriya, the Committee draws the Government’s attention to Part I of its observation concerning Convention No. 102.

With regard to Convention No. 121, the Committee regrets to note once again that the information provided by the technical committee responsible for preparing the necessary responses to the comments of the Committee of Experts, in the same way as the information provided by the Government in 1992, only gives partial responses and does not contain the statistical data required by the report form adopted by the Governing Body. The Committee is therefore bound to raise these matters once again in a new direct request in the hope that the Government will not fail to provide the information requested for examination at its next session.

[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 for the sixth consecutive time. It hopes that a report will be supplied for examination by the Committee at it next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 7, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that, under section 38(3) of the Regulations on Social Security Pensions, it is necessary in order for commuting accidents to be recognized as industrial accidents that there was no stopping, delay or deviation of the normal, habitual route. It therefore requested the Government to state whether this condition also applied to the insured person in the cases where the stoppage, delay or deviation from the route was involuntary. In its reply, the Government states that changes to the habitual route which are due to reasons beyond the will of the insured person do not constitute a personal fault. The Committee notes this statement with interest. It therefore hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary measures to supplement section 38(3) above by a provision explicitly providing that commuting accidents shall be considered as industrial accidents even in the event of stoppages, delays or deviations from the route if they are involuntary.

2. Article 8. In its previous comments, the Committee noted that the list of occupational diseases contained in schedule A of the Regulations on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of Occupational Diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule 1 of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resulting incapacity or death, (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule of the Convention is drawn up in a general way and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risks, to the loading and unloading or transport of merchandise which have been contaminated by animals or animal carcasses infected with anthrax, contrary to the right-hand column of item 15 of the Schedule of the Convention. In its reply, the Government states that both the above diseases and types of work are covered by the national legislation The Committee notes this statement. It therefore hopes that the Government will have no difficulty in supplementing, in accordance with the Convention, the list of occupational disease contained in Annex A of the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

3. Article 10. With reference to its previous comments, the Committee notes with interest the information supplied by the Government concerning the type of health care provided in accordance with paragraph 1 of this provision of the Convention. It requests the Government to supply the text of the legal provisions which are applicable.

Furthermore, the Committee notes from the report that, inter alia, prosthetic appliances are at the expense of the patient. in view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

4. Articles 13, 14 and 18 (in relation with Articles 19 or 20). (a) The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) With reference to its previous comment, the Committee notes with interest that the minimum level of the full disability pension due to employment injury is guaranteed for all workers fulfilling the conditions laid down in section 17 of Act No. 13 of 1980, irrespective of the resources and nationality of the beneficiary.

5. Article 22(e). The Committee notes the information contained in the Government's report concerning the application of this provision of the Convention. It also notes the examples provided of the effect given in practice to section 39(b) and (c) of the Regulations on Social Security Pensions, which are provided by the Government. The Committee therefore hopes that the Government will have no difficulty in amending sections 39, 40 and 59 of the above Regulations, so as to provide for the suspension of benefits for employment injury only in cases where the injury has been caused by the serious and wilful misconduct of the person concerned.

6. The Committee once again requests the Government to supply the text of the Regulations prescribing short-term benefits for employees, issued under section 25 of the social security Act, No. 13 of 1980, and the decision of the People's General Committee respecting Social Security to determine the conditions under which an injury caused by exceptional strain or hard efforts due to work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

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

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

Article 21 of the Convention. With reference to its previous comments, the Committee notes the Government's statement that, in accordance with sections 28 and 34 of the Social Security Act, No. 13 of 1980, the level of cash benefits currently payable for long-term benefits is reviewed following substantial changes in the cost of living or wage levels. It notes, however, that the Government's report does not contain the statistics requested in order to assess the manner in which this Article of the Convention is applied in practice. It therefore once again requests the Government to supply the statistics called for in the report form under this Article of the Convention.

The Committee hopes that the Government's next report will also contain a detailed reply to the questions which it has been raising for many years and which it is recalling in a request addressed directly to the Government. 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)

The Committee notes with regret that the Government's report has not been received for the fifth consecutive time. It hopes that a report will be supplied for examination by the Committee at it next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 7, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that, under section 38(3) of the Regulations on Social Security Pensions, it is necessary in order for commuting accidents to be recognized as industrial accidents that there was no stopping, delay or deviation of the normal, habitual route. It therefore requested the Government to state whether this condition also applied to the insured person in the cases where the stoppage, delay or deviation from the route was involuntary. In its reply, the Government states that changes to the habitual route which are due to reasons beyond the will of the insured person do not constitute a personal fault. The Committee notes this statement with interest. It therefore hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary measures to supplement section 38(3) above by a provision explicitly providing that commuting accidents shall be considered as industrial accidents even in the event of stoppages, delays or deviations from the route if they are involuntary.

2. Article 8. In its previous comments, the Committee noted that the list of occupational diseases contained in schedule A of the Regulations on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of Occupational Diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule 1 of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resulting incapacity or death, (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule of the Convention is drawn up in a general way and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risks, to the loading and unloading or transport of merchandise which have been contaminated by animals or animal carcasses infected with anthrax, contrary to the right-hand column of item 15 of the Schedule of the Convention. In its reply, the Government states that both the above diseases and types of work are covered by the national legislation The Committee notes this statement. It therefore hopes that the Government will have no difficulty in supplementing, in accordance with the Convention, the list of occupational disease contained in Annex A of the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

3. Article 10. With reference to its previous comments, the Committee notes with interest the information supplied by the Government concerning the type of health care provided in accordance with paragraph 1 of this provision of the Convention. It requests the Government to supply the text of the legal provisions which are applicable.

Furthermore, the Committee notes from the report that, inter alia, prosthetic appliances are at the expense of the patient. in view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

4. Articles 13, 14 and 18 (in relation with Articles 19 or 20). (a) The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) With reference to its previous comment, the Committee notes with interest that the minimum level of the full disability pension due to employment injury is guaranteed for all workers fulfilling the conditions laid down in section 17 of Act No. 13 of 1980, irrespective of the resources and nationality of the beneficiary.

5. Article 22(e). The Committee notes the information contained in the Government's report concerning the application of this provision of the Convention. It also notes the examples provided of the effect given in practice to section 39(b) and (c) of the Regulations on Social Security Pensions, which are provided by the Government. The Committee therefore hopes that the Government will have no difficulty in amending sections 39, 40 and 59 of the above Regulations, so as to provide for the suspension of benefits for employment injury only in cases where the injury has been caused by the serious and wilful misconduct of the person concerned.

6. The Committee once again requests the Government to supply the text of the Regulations prescribing short-term benefits for employees, issued under section 25 of the social security Act, No. 13 of 1980, and the decision of the People's General Committee respecting Social Security to determine the conditions under which an injury caused by exceptional strain or hard efforts due to work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

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

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

Article 21 of the Convention. With reference to its previous comments, the Committee notes the Government's statement that, in accordance with sections 28 and 34 of the Social Security Act, No. 13 of 1980, the level of cash benefits currently payable for long-term benefits is reviewed following substantial changes in the cost of living or wage levels. It notes, however, that the Government's report does not contain the statistics requested in order to assess the manner in which this Article of the Convention is applied in practice. It therefore once again requests the Government to supply the statistics called for in the report form under this Article 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 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received for the fourth consecutive time. It hopes that a report will be supplied for examination by the Committee at it next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 7, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that, under section 38(3) of the Regulations on Social Security Pensions, it is necessary in order for commuting accidents to be recognized as industrial accidents that there was no stopping, delay or deviation of the normal, habitual route. It therefore requested the Government to state whether this condition also applied to the insured person in the cases where the stoppage, delay or deviation from the route was involuntary. In its reply, the Government states that changes to the habitual route which are due to reasons beyond the will of the insured person do not constitute a personal fault. The Committee notes this statement with interest. It therefore hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary measures to supplement section 38(3) above by a provision explicitly providing that commuting accidents shall be considered as industrial accidents even in the event of stoppages, delays or deviations from the route if they are involuntary.

2. Article 8. In its previous comments, the Committee noted that the list of occupational diseases contained in schedule A of the Regulations on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of Occupational Diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule 1 of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resulting incapacity or death, (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule of the Convention is drawn up in a general way and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risks, to the loading and unloading or transport of merchandise which have been contaminated by animals or animal carcasses infected with anthrax, contrary to the right-hand column of item 15 of the Schedule of the Convention. In its reply, the Government states that both the above diseases and types of work are covered by the national legislation The Committee notes this statement. It therefore hopes that the Government will have no difficulty in supplementing, in accordance with the Convention, the list of occupational disease contained in Annex A of the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

3. Article 10. With reference to its previous comments, the Committee notes with interest the information supplied by the Government concerning the type of health care provided in accordance with paragraph 1 of this provision of the Convention. It requests the Government to supply the text of the legal provisions which are applicable.

Furthermore, the Committee notes from the report that, inter alia, prosthetic appliances are at the expense of the patient. in view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

4. Articles 13, 14 and 18 (in relation with Articles 19 or 20). (a) The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) With reference to its previous comment, the Committee notes with interest that the minimum level of the full disability pension due to employment injury is guaranteed for all workers fulfilling the conditions laid down in section 17 of Act No. 13 of 1980, irrespective of the resources and nationality of the beneficiary.

5. Article 22(e). The Committee notes the information contained in the Government's report concerning the application of this provision of the Convention. It also notes the examples provided of the effect given in practice to section 39(b) and (c) of the Regulations on Social Security Pensions, which are provided by the Government. The Committee therefore hopes that the Government will have no difficulty in amending sections 39, 40 and 59 of the above Regulations, so as to provide for the suspension of benefits for employment injury only in cases where the injury has been caused by the serious and wilful misconduct of the person concerned.

6. The Committee once again requests the Government to supply the text of the Regulations prescribing short-term benefits for employees, issued under section 25 of the social security Act, No. 13 of 1980, and the decision of the People's General Committee respecting Social Security to determine the conditions under which an injury caused by exceptional strain or hard efforts due to work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

Article 21 of the Convention. With reference to its previous comments, the Committee notes the Government's statement that, in accordance with sections 28 and 34 of the Social Security Act, No. 13 of 1980, the level of cash benefits currently payable for long-term benefits is reviewed following substantial changes in the cost of living or wage levels. It notes, however, that the Government's report does not contain the statistics requested in order to assess the manner in which this Article of the Convention is applied in practice. It therefore once again requests the Government to supply the statistics called for in the report form under this Article 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 1996, published 85th ILC session (1997)

The Committee notes with regret that the Government's report has not been received for the third consecutive time. It hopes that a report will be supplied for examination by the Committee at it next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 7, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that, under section 38(3) of the Regulations on Social Security Pensions, it is necessary in order for commuting accidents to be recognized as industrial accidents that there was no stopping, delay or deviation of the normal, habitual route. It therefore requested the Government to state whether this condition also applied to the insured person in the cases where the stoppage, delay or deviation from the route was involuntary. In its reply, the Government states that changes to the habitual route which are due to reasons beyond the will of the insured person do not constitute a personal fault. The Committee notes this statement with interest. It therefore hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary measures to supplement section 38(3) above by a provision explicitly providing that commuting accidents shall be considered as industrial accidents even in the event of stoppages, delays or deviations from the route if they are involuntary.

2. Article 8. In its previous comments, the Committee noted that the list of occupational diseases contained in schedule A of the Regulations on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of Occupational Diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule 1 of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resulting incapacity or death, (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule of the Convention is drawn up in a general way and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risks, to the loading and unloading or transport of merchandise which have been contaminated by animals or animal carcasses infected with anthrax, contrary to the right-hand column of item 15 of the Schedule of the Convention. In its reply, the Government states that both the above diseases and types of work are covered by the national legislation The Committee notes this statement. It therefore hopes that the Government will have no difficulty in supplementing, in accordance with the Convention, the list of occupational disease contained in Annex A of the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

3. Article 10. With reference to its previous comments, the Committee notes with interest the information supplied by the Government concerning the type of health care provided in accordance with paragraph 1 of this provision of the Convention. It requests the Government to supply the text of the legal provisions which are applicable.

Furthermore, the Committee notes from the report that, inter alia, prosthetic appliances are at the expense of the patient. in view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

4. Articles 13, 14 and 18 (in relation with Articles 19 or 20). (a) The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) With reference to its previous comment, the Committee notes with interest that the minimum level of the full disability pension due to employment injury is guaranteed for all workers fulfilling the conditions laid down in section 17 of Act No. 13 of 1980, irrespective of the resources and nationality of the beneficiary.

5. Article 22(e). The Committee notes the information contained in the Government's report concerning the application of this provision of the Convention. It also notes the examples provided of the effect given in practice to section 39(b) and (c) of the Regulations on Social Security Pensions, which are provided by the Government. The Committee therefore hopes that the Government will have no difficulty in amending sections 39, 40 and 59 of the above Regulations, so as to provide for the suspension of benefits for employment injury only in cases where the injury has been caused by the serious and wilful misconduct of the person concerned.

6. The Committee once again requests the Government to supply the text of the Regulations prescribing short-term benefits for employees, issued under section 25 of the social security Act, No. 13 of 1980, and the decision of the People's General Committee respecting Social Security to determine the conditions under which an injury caused by exceptional strain or hard efforts due to work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

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

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

Article 21 of the Convention. With reference to its previous comments, the Committee notes the Government's statement that, in accordance with sections 28 and 34 of the Social Security Act, No. 13 of 1980, the level of cash benefits currently payable for long-term benefits is reviewed following substantial changes in the cost of living or wage levels. It notes, however, that the Government's report does not contain the statistics requested in order to assess the manner in which this Article of the Convention is applied in practice. It therefore once again requests the Government to supply the statistics called for in the report form under this Article 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 1995, published 82nd ILC session (1995)

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:

1. Article 7, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that, under section 38(3) of the Regulations on Social Security Pensions, it is necessary in order for commuting accidents to be recognized as industrial accidents that there was no stopping, delay or deviation of the normal, habitual route. It therefore requested the Government to state whether this condition also applied to the insured person in the cases where the stoppage, delay or deviation from the route was involuntary. In its reply, the Government states that changes to the habitual route which are due to reasons beyond the will of the insured person do not constitute a personal fault. The Committee notes this statement with interest. It therefore hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary measures to supplement section 38(3) above by a provision explicitly providing that commuting accidents shall be considered as industrial accidents even in the event of stoppages, delays or deviations from the route if they are involuntary.

2. Article 8. In its previous comments, the Committee noted that the list of occupational diseases contained in schedule A of the Regulation on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of Occupational Diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule 1 of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule of the Convention is drawn up in a general way and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risks, to the loading and unloading or transport of merchandise which have been contaminated by animals or animal carcasses infected with anthrax, contrary to the right-hand column of item 15 of the Schedule of the Convention. In its reply, the Government states that both the above diseases and types of work are covered by the national legislation. The Committee notes this statement. It therefore hopes that the Government will have no difficulty in supplementing, in accordance with the Convention, the list of occupational diseases contained in Annex A of the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

3. Article 10. With reference to its previous comments, the Committee notes with interest the information supplied by the Government concerning the type of health care provided in accordance with paragraph 1 of this provision of the Convention. It requests the Government to supply the text of the legal provisions which are applicable.

Furthermore, the Committee notes from the report that, inter alia, prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

4. Articles 13, 14 and 18 (in relation with Articles 19 or 20). (a) The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article) or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) With reference to its previous comments, the Committee notes with interest that the minimum level of the full disability pension due to employment injury is guaranteed for all workers fulfilling the conditions laid down in section 17 of Act No. 13 of 1980, irrespective of the resources and nationality of the beneficiary.

5. Article 22(e). The Committee notes the information contained in the Government's report concerning the application of this provision of the Convention. It also notes the examples provided of the effect given in practice to section 39(b) and (c) of the Regulations on Social Security Pensions, which were provided by the Government. The Committee therefore hopes that the Government will have no difficulty in amending sections 39, 40 and 59 of the above Regulations, so as to provide for the suspension of benefits for employment injury only in cases where the injury has been caused by the serious and wilful misconduct of the person concerned.

6. The Committee once again requests the Government to supply the text of the Regulations prescribing short-term benefits for employees, issued under section 25 of the Social Security Act, No. 13 of 1980, and the decision of the People's General Committee respecting social security to determine the conditions under which an injury caused by exceptional strain or hard efforts due to work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received for the second consecutive time. It hopes that a report will be supplied for examination by the Committee at it next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 7, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that, under section 38(3) of the Regulations on Social Security Pensions, it is necessary in order for commuting accidents to be recognized as industrial accidents that there was no stopping, delay or deviation of the normal, habitual route. It therefore requested the Government to state whether this condition also applied to the insured person in the cases where the stoppage, delay or deviation from the route was involuntary. In its reply, the Government states that changes to the habitual route which are due to reasons beyond the will of the insured person do not constitute a personal fault. The Committee notes this statement with interest. It therefore hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary measures to supplement section 38(3) above by a provision explicitly providing that commuting accidents shall be considered as industrial accidents even in the event of stoppages, delays or deviations from the route if they are involuntary.

2. Article 8. In its previous comments, the Committee noted that the list of occupational diseases contained in schedule A of the Regulations on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of Occupational Diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule 1 of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resulting incapacity or death, (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule of the Convention is drawn up in a general way and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risks, to the loading and unloading or transport of merchandise which have been contaminated by animals or animal carcasses infected with anthrax, contrary to the right-hand column of item 15 of the Schedule of the Convention. In its reply, the Government states that both the above diseases and types of work are covered by the national legislation The Committee notes this statement. It therefore hopes that the Government will have no difficulty in supplementing, in accordance with the Convention, the list of occupational disease contained in Annex A of the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

3. Article 10. With reference to its previous comments, the Committee notes with interest the information supplied by the Government concerning the type of health care provided in accordance with paragraph 1 of this provision of the Convention. It requests the Government to supply the text of the legal provisions which are applicable.

Furthermore, the Committee notes from the report that, inter alia, prosthetic appliances are at the expense of the patient. in view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

4. Articles 13, 14 and 18 (in relation with Articles 19 or 20). (a) The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) With reference to its previous comment, the Committee notes with interest that the minimum level of the full disability pension due to employment injury is guaranteed for all workers fulfilling the conditions laid down in section 17 of Act No. 13 of 1980, irrespective of the resources and nationality of the beneficiary.

5. Article 22(e). The Committee notes the information contained in the Government's report concerning the application of this provision of the Convention. It also notes the examples provided of the effect given in practice to section 39(b) and (c) of the Regulations on Social Security Pensions, which are provided by the Government. The Committee therefore hopes that the Government will have no difficulty in amending sections 39, 40 and 59 of the above Regulations, so as to provide for the suspension of benefits for employment injury only in cases where the injury has been caused by the serious and wilful misconduct of the person concerned.

6. The Committee once again requests the Government to supply the text of the Regulations prescribing short-term benefits for employees, issued under section 25 of the social security Act, No. 13 of 1980, and the decision of the People's General Committee respecting Social Security to determine the conditions under which an injury caused by exceptional strain or hard efforts due to work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

Article 21 of the Convention. With reference to its previous comments, the Committee notes the Government's statement that, in accordance with sections 28 and 34 of the Social Security Act, No. 13 of 1980, the level of cash benefits currently payable for long-term benefits is reviewed following substantial changes in the cost of living or wage levels. It notes, however, that the Government's report does not contain the statistics requested in order to assess the manner in which this Article of the Convention is applied in practice. It therefore once again requests the Government to supply the statistics called for in the report form under this Article 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 1994, published 81st ILC session (1994)

1. Article 7, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that, under section 38(3) of the Regulations on Social Security Pensions, it is necessary in order for commuting accidents to be recognized as industrial accidents that there was no stopping, delay or deviation of the normal, habitual route. It therefore requested the Government to state whether this condition also applied to the insured person in the cases where the stoppage, delay or deviation from the route was involuntary. In its reply, the Government states that changes to the habitual route which are due to reasons beyond the will of the insured person do not constitute a personal fault. The Committee notes this statement with interest. It therefore hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary measures to supplement section 38(3) above by a provision explicitly providing that commuting accidents shall be considered as industrial accidents even in the event of stoppages, delays or deviations from the route if they are involuntary.

2. Article 8. In its previous comments, the Committee noted that the list of occupational diseases contained in schedule A of the Regulation on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of Occupational Diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule 1 of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule of the Convention is drawn up in a general way and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risks, to the loading and unloading or transport of merchandise which have been contaminated by animals or animal carcasses infected with anthrax, contrary to the right-hand column of item 15 of the Schedule of the Convention. In its reply, the Government states that both the above diseases and types of work are covered by the national legislation. The Committee notes this statement. It therefore hopes that the Government will have no difficulty in supplementing, in accordance with the Convention, the list of occupational diseases contained in Annex A of the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

3. Article 10. With reference to its previous comments, the Committee notes with interest the information supplied by the Government concerning the type of health care provided in accordance with paragraph 1 of this provision of the Convention. It requests the Government to supply the text of the legal provisions which are applicable.

Furthermore, the Committee notes from the report that, inter alia, prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

4. Articles 13, 14 and 18 (in relation with Articles 19 or 20). (a) The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article) or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) With reference to its previous comments, the Committee notes with interest that the minimum level of the full disability pension due to employment injury is guaranteed for all workers fulfilling the conditions laid down in section 17 of Act No. 13 of 1980, irrespective of the resources and nationality of the beneficiary.

5. Article 22(e). The Committee notes the information contained in the Government's report concerning the application of this provision of the Convention. It also notes the examples provided of the effect given in practice to section 39(b) and (c) of the Regulations on Social Security Pensions, which were provided by the Government. The Committee therefore hopes that the Government will have no difficulty in amending sections 39, 40 and 59 of the above Regulations, so as to provide for the suspension of benefits for employment injury only in cases where the injury has been caused by the serious and wilful misconduct of the person concerned.

6. The Committee once again requests the Government to supply the text of the Regulations prescribing short-term benefits for employees, issued under section 25 of the Social Security Act, No. 13 of 1980, and the decision of the People's General Committee respecting social security to determine the conditions under which an injury caused by exceptional strain or hard efforts due to work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

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

Article 21 of the Convention. With reference to its previous comments, the Committee notes with interest the Government's statement that, in accordance with sections 28 and 34 of the Social Security Act, No. 13 of 1980, the level of cash benefits currently payable for long-term benefits is reviewed following substantial changes in the cost of living or wage levels. It notes, however, that the Government's report does not contain the statistics requested in order to assess the manner in which this Article of the Convention is applied in practice. It therefore once again requests the Government to supply the statistics called for in the report form under this Article of the Convention.

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

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

1. Article 7, paragraph 1. Under section 38, paragraph 3, of the Regulations on Social Security Pensions, it is necessary in order that commuting accidents be recognised as industrial accidents, that there is no stopping, delay or deviation of the normal, habitual route. Please indicate whether this condition also applies to the insured in cases where the stopping, delay or deviation from the route is involuntary.

2. Article 8. The Committee notes that the list of occupational diseases contained in Schedule A of the Regulation on Social Security Pensions of 1981 is not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule I of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resultant incapacity or death; (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or by X-rays, whereas item 13 of the Schedule in the Convention is drawn up in a general way and covers diseases caused by ionising radiations of whatever form; (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risk, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcases infected with anthrax, contrary to what is provided in the right-hand column of item 15 of the Schedule of the Convention.

The Committee hopes that the Government will be able to take the necessary measures to complete the national list of occupational diseases annexed in Schedule A of the 1981 Regulation on Social Security Pensions, as indicated above. It also requests the Government to indicate, regarding anthrax infection, whether a worker suffering from this infection who is employed in work involving the handling of animal carcasses, in order to qualify for entitlement to the benefits envisaged under the Law on Social Security in the event of occupational diseases, has to provide proof that the carcasses were infected.

3. Article 10. The Committee notes from certain information received previously that basic medical care is provided by the Health Secretariat, which provides medical care in its general and overall sense to the insured and to members of his family. The Committee requests the Government to indicate the type of medical care granted in accordance with paragraph 1 of this provision of the Convention, particularly in respect of: (a) general practitioner and specialist in-patient and out-patient care, including domiciliary visiting; (b) dental care; (c) dental, pharmaceutical and other medical or surgical supplies; (d) the care provided by members of other professions legally recognised as allied to the medical profession.

4. Articles 13, 14 and 18 (in conjunction with Article 19 or 20). (a) Please provide the statistics called for in the report form adopted by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article) or under Titles I to V of Article 20 (including the wage of an ordinary adult labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) The Committee notes that under section 17 of Law No. 13 of 1980 on Social Security the full disability pension due to employment injury cannot be less than the basic pension, to which shall be added half of the most recent income or wage on the basis of which the contributions due were fixed. The Committee requests the Government to indicate whether this minimum amount is guaranteed for all workers fulfiling the conditions laid down under section 17 of the Law on Social Security and under the relevant provisions of the Regulations on Social Security Pensions, irrespective of the resources and nationality of the beneficiary.

5. Article 21. Please indicate the manner in which and the provisions under which effect is given to this provision of the Convention, which provides that the amounts of cash benefits currently payable shall, for long-term benefits, be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. Please also supply the statistics called for in the report form under this Article.

6. Article 22(e). Sections 39, 40 and 59 of the 1981 Regulations on Social Security Pensions provide, inter alia, that, should an employment injury be due to deliberate or serious misconduct by the insured, unless the accident results in the contributor's death or his total and permanent disability, the insured shall not be entitled to the cash benefits provided for under the legislation for occupational injury. Under section 39 of the above Regulations, deliberate or serious misconduct by the insured is considered to be: (a) injuries caused by willful drunkenness; (b) injuries arising out of clear violation, either intentional or serious, of instructions concerning occupational safety and health which are openly displayed in prominent places at the workplace or service site; (c) any other injuries provoked by a serious fault of the insured. The Committee considers that these provisions, with the exception of section 39, paragraph (a), go beyond what is authorised by Article 22(e) of the Convention which allows the suspension of benefits in cases where the employment injury has been caused by voluntary intoxication or by the serious and willful misconduct of the person concerned. The Committee would be grateful if the Government would supply with its next report examples of the practical application of the provisions set out in paragraphs (b) and (c) of section 39 of the Regulations (taken in conjunction with sections 40 and 59).

7. Please supply a copy of the Regulations prescribing short-term benefits for employees, issued under section 25 of Law No. 13 on Social Security of 1980, as well as a copy of the Decision of the Peoples' General Committee for Social Security establishing the conditions under which an injury caused by execution of exceptional strain or hard efforts in the course of performing work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

[The Government is asked to report in detail for the period ending 30 June 1992.]

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

The Committee takes note of the Government's report. It notes with regret that the Government confines itself to indicating that the Committee of Experts has not made any observation requiring amendment of the laws in force. The Committee points out that it has for many years been drawing the Government's attention to the need to take measures to ensure the application of certain parts of the Convention and to supply additional information on a number of points so as to enable it to assess how the Convention is being applied both in law and in practice. It consequently trusts that the Government's next report will contain detailed information on the points it is raising again in a request addressed directly to the Government.

The Committee ventures to draw the Government's attention to the possibility of requesting the technical assistance of the ILO.

[The Government is asked to report in detail for the period ending 30 June 1992.]

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

The Committee notes with regret that for the second consecutive year 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:

The Committee notes the information supplied by the Government and particularly the information regarding Article 4 and Article 18 (concerning beneficiaries of survivors' benefit) of the Convention. It also notes the various texts issued under Law No. 13 of 1980 on Social Security that were transmitted by the Government, including the Regulations on Registration, Contributions and Inspection of 1980, the Regulations on Social Security Pensions of 1981, and the Regulations on Disability Assessment of 1981. Furthermore, from the information supplied by the Government regarding Conventions Nos. 102 and 118, the Committee notes the establishment by Order No. 72 of 1985, of a commission to examine the International Labour Conventions and Recommendations, whose functions include responsibility for examining the comments of the Committee of Experts. The Committee accordingly hopes that following the examination of the question by the above Commission the Government will be in a position to supply with its next report information concerning the following points:

1. Article 7, paragraph 1. Under section 38, paragraph 3, of the Regulations on Social Security Pensions, it is necessary in order that commuting accidents be recognised as industrial accidents, that there is no stopping, delay or deviation of the normal, habitual route. Please indicate whether this condition also applies to the insured in cases where the stopping, delay or deviation from the route is involuntary.

2. Article 8. The Committee notes that the list of occupational diseases contained in Schedule A of the Regulation on Social Security Pensions of 1981 is not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule I of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resultant incapacity or death; (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or by X-rays, whereas item 13 of the Schedule in the Convention is drawn up in a general way and covers diseases caused by ionising radiations of whatever form; (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risk, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcases infected with anthrax, contrary to what is provided in the right-hand column of item 15 of the Schedule of the Convention.

The Committee hopes that the Government will be able to take the necessary measures to complete the national list of occupational diseases annexed in Schedule A of the 1981 Regulation on Social Security Pensions, as indicated above. It also requests the Government to indicate, regarding anthrax infection, whether a worker suffering from this infection who is employed in work involving the handling of animal carcasses, in order to qualify for entitlement to the benefits envisaged under the Law on Social Security in the event of occupational diseases, has to provide proof that the carcasses were infected.

3. Article 10. The Committee notes from the Government's reply to its previous comments that basic medical care is provided by the Health Secretariat, which provides medical care in its general and overall sense to the insured and to members of his family. The Committee requests the Government to indicate the type of medical care granted in accordance with paragraph 1 of this provision of the Convention, particularly in respect of: (a) general practitioner and specialist in-patient and out-patient care, including domiciliary visiting; (b) dental care; (c) dental, pharmaceutical and other medical or surgical supplies; (d) the care provided by members of other professions legally recognised as allied to the medical profession.

4. Articles 13, 14 and 18 (in conjunction with Article 19 or 20). (a) Please provide the statistics called for in the report form adopted by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article) or under Titles I to V of Article 20 (including the wage of an ordinary adult labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) The Committee notes that under section 17 of Law No. 13 of 1980 on Social Security the full disability pension due to employment injury cannot be less than the basic pension, to which shall be added half of the most recent income or wage on the basis of which the contributions due were fixed. The Committee requests the Government to indicate whether this minimum amount is guaranteed for all workers fulfiling the conditions laid down under section 17 of the Law on Social Security and under the relevant provisions of the Regulations on Social Security Pensions, irrespective of the resources and nationality of the beneficiary.

5. Article 21. Please indicate the manner in which and the provisions under which effect is given to this provision of the Convention, which provides that the amounts of cash benefits currently payable shall, for long-term benefits, be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. Please also supply the statistics called for in the report form under this Article of the Convention.

6. Article 22(e). Sections 39, 40 and 59 of the 1981 Regulations on Social Security Pensions provide, inter alia, that, should an employment injury be due to deliberate or serious misconduct by the insured, unless the accident results in the contributor's death or his total and permanent disability, the insured shall not be entitled to the cash benefits provided for under the legislation for occupational injury. Under section 39 of the above Regulations, deliberate or serious misconduct by the insured is considered to be: (a) injuries caused by willful drunkenness; (b) injuries arising out of clear violation, either intentional or serious, of instructions concerning occupational safety and health which are openly displayed in prominent places at the workplace or service site; (c) any other injuries provoked by a serious fault of the insured. The Committee considers that these provisions, with the exception of section 39, paragraph (a), go beyond what is authorised by Article 22(e) of the Convention which allows the suspension of benefits in cases where the employment injury has been caused by voluntary intoxication or by the serious and willful misconduct of the person concerned. The Committee would be grateful if the Government would supply with its next report examples of the practical application of the provisions set out in paragraphs (b) and (c) of section 39 of the Regulations (taken in conjunction with sections 40 and 59).

7. Please supply a copy of the Regulations prescribing short-term benefits for employees, issued under section 25 of Law No. 13 on Social Security of 1980, as well as a copy of the Decision of the Peoples' General Committee for Social Security establishing the conditions under which an injury caused by execution of exceptional strain or hard efforts in the course of performing work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

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

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:

The Committee notes the information supplied by the Government and particularly the information regarding Article 4 and Article 18 (concerning beneficiaries of survivors' benefit) of the Convention. It also notes the various texts issued under Law No. 13 of 1980 on Social Security that were transmitted by the Government, including the Regulations on Registration, Contributions and Inspection of 1980, the Regulations on Social Security Pensions of 1981, and the Regulations on Disability Assessment of 1981. Furthermore, from the information supplied by the Government regarding Conventions Nos. 102 and 118, the Committee notes the establishment by Order No. 72 of 1985, of a commission to examine the International Labour Conventions and Recommendations, whose functions include responsibility for examining the comments of the Committee of Experts. The Committee accordingly hopes that following the examination of the question by the above Commission the Government will be in a position to supply with its next report information concerning the following points:

1. Article 7, paragraph 1. Under section 38, paragraph 3, of the Regulations on Social Security Pensions, it is necessary in order that commuting accidents be recognised as industrial accidents, that there is no stopping, delay or deviation of the normal, habitual route. Please indicate whether this condition also applies to the insured in cases where the stopping, delay or deviation from the route is involuntary.

2. Article 8. The Committee notes that the list of occupational diseases contained in Schedule A of the Regulation on Social Security Pensions of 1981 is not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule I of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resultant incapacity or death; (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or by X-rays, whereas item 13 of the Schedule in the Convention is drawn up in a general way and covers diseases caused by ionising radiations of whatever form; (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risk, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcases infected with anthrax, contrary to what is provided in the right-hand column of item 15 of the Schedule of the Convention.

The Committee hopes that the Government will be able to take the necessary measures to complete the national list of occupational diseases annexed in Schedule A of the 1981 Regulation on Social Security Pensions, as indicated above. It also requests the Government to indicate, regarding anthrax infection, whether a worker suffering from this infection who is employed in work involving the handling of animal carcasses, in order to qualify for entitlement to the benefits envisaged under the Law on Social Security in the event of occupational diseases, has to provide proof that the carcasses were infected.

3. Article 10. The Committee notes from the Government's reply to its previous comments that basic medical care is provided by the Health Secretariat, which provides medical care in its general and overall sense to the insured and to members of his family. The Committee requests the Government to indicate the type of medical care granted in accordance with paragraph 1 of this provision of the Convention, particularly in respect of: (a) general practitioner and specialist in-patient and out-patient care, including domiciliary visiting; (b) dental care; (c) dental, pharmaceutical and other medical or surgical supplies; (d) the care provided by members of other professions legally recognised as allied to the medical profession.

4. Articles 13, 14 and 18 (in conjunction with Article 19 or 20). (a) Please provide the statistics called for in the report form adopted by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article) or under Titles I to V of Article 20 (including the wage of an ordinary adult labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) The Committee notes that under section 17 of Law No. 13 of 1980 on Social Security the full disability pension due to employment injury cannot be less than the basic pension, to which shall be added half of the most recent income or wage on the basis of which the contributions due were fixed. The Committee requests the Government to indicate whether this minimum amount is guaranteed for all workers fulfiling the conditions laid down under section 17 of the Law on Social Security and under the relevant provisions of the Regulations on Social Security Pensions, irrespective of the resources and nationality of the beneficiary.

5. Article 21. Please indicate the manner in which and the provisions under which effect is given to this provision of the Convention, which provides that the amounts of cash benefits currently payable shall, for long-term benefits, be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. Please also supply the statistics called for in the report form under this Article of the Convention.

6. Article 22(e). Sections 39, 40 and 59 of the 1981 Regulations on Social Security Pensions provide, inter alia, that, should an employment injury be due to deliberate or serious misconduct by the insured, unless the accident results in the contributor's death or his total and permanent disability, the insured shall not be entitled to the cash benefits provided for under the legislation for occupational injury. Under section 39 of the above Regulations, deliberate or serious misconduct by the insured is considered to be: (a) injuries caused by willful drunkenness; (b) injuries arising out of clear violation, either intentional or serious, of instructions concerning occupational safety and health which are openly displayed in prominent places at the workplace or service site; (c) any other injuries provoked by a serious fault of the insured. The Committee considers that these provisions, with the exception of section 39, paragraph (a), go beyond what is authorised by Article 22(e) of the Convention which allows the suspension of benefits in cases where the employment injury has been caused by voluntary intoxication or by the serious and willful misconduct of the person concerned. The Committee would be grateful if the Government would supply with its next report examples of the practical application of the provisions set out in paragraphs (b) and (c) of section 39 of the Regulations (taken in conjunction with sections 40 and 59).

7. Please supply a copy of the Regulations prescribing short-term benefits for employees, issued under section 25 of Law No. 13 on Social Security of 1980, as well as a copy of the Decision of the Peoples' General Committee for Social Security establishing the conditions under which an injury caused by execution of exceptional strain or hard efforts in the course of performing work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.