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

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

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

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

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