Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Repetition

Following the political changes which have occurred in the country, the Committee considers it useful to recall the main points on which the national legislation does not give effect to the Convention, and the Committee requests that the Government indicate in its next report the measures that it envisages taking in this respect.

Article 3(1) of the Convention . (a) Amending section 38(b) of Social Security Act No. 13 of 1980 and Regulations 28–33 of the Pensions Regulations of 1981, which provide that non-Libyan residents receive only a lump sum in the event of premature termination of work, while nationals are guaranteed, under section 38(a) of Act No. 13, the maintenance of their wages or remuneration.

(b) Amending sections 5(c) and 8(b) of the Social Security Act to ensure that foreign workers engaged in public administration and non-Libyan self-employed workers may be affiliated on a compulsory basis to the social security scheme, even in the absence of an agreement with their country of origin, in accordance with the principle of equality of treatment set out in the Convention.

(c) Amending Regulation 16(2) and (3) and Regulation 95(3) of the Pensions Regulations of 1981, under which (without prejudice to special social security agreements), non-nationals who have not completed the minimum period of ten years of contributions to the social security scheme (years which may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are not entitled, unlike Libyan nationals, to an old-age pension or to a pension for total incapacity due to a non-occupational injury.

(d) Amending Regulation 174(2) of the 1981 Pensions Regulations, under which the minimum qualifying period of ten years of contributions is also required for pensions and allowances due to survivors of a deceased non-Libyan national under Title IV of the Regulations, where death is due to a non-occupational disease or accident, while this requirement does not apply to Libyan nationals.

Article 5. Payment of benefits abroad . (e) Amending Regulation 161 of the 1981 Pensions Regulations, under the terms of which pensions or other cash benefits may be transferred to beneficiaries resident abroad where that is envisaged by agreements to which Libya is a party, whereas Article 5 of the Convention (read in conjunction with Article 10) requires the provision of invalidity, old-age and survivors’ benefits and death grants, and employment injury pensions, even in the absence of bilateral agreements.