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

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

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

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