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

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

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48 of the Convention. In reply to the Committee's previous comments concerning the determination of the scope of each of the above contingencies, the Government states that social security covers all workers, trainees and self-employed workers in all economic activities. The Committee takes due note of this information. However, it notes that the Government's report does not contain the statistical information which it requested previously and which is necessary to assess the manner in which the Convention is applied in practice. It therefore requests it to supply the statistics relating to the scope of its application requested in the report form under Title I of Article 76, with an indication, for example, of the number of employees actually covered by the social security scheme in relation to the total number of employees.

2. Part II (Medical care). (a) Article 10, paragraph 1. In reply to the Committee's previous comments, the Government states that specialist care is provided free of charge in the event of accidents and serious illnesses. It adds that home visits are envisaged with minimal fees and that medicaments are provided free of charge. The Committee notes this information with interest. It requests the Government to supply the text of the legal provisions which are applicable and to state whether medical care includes hospitalization where necessary.

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

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

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

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

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

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

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