Comments adopted by the CEACR: Lebanon

Repetition

Article 6 and 7 of the Convention. List of exceptions. The Committee notes the Government’s report, which indicates that it will forward the previous comments of the Committee to the Law Review Commission, especially those concerning permanent and temporary exceptions allowed under Article 6 of the Convention and Article 7 of the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30). Furthermore, the Committee had previously noted that section 42(2)(c) of the draft amendment to the Labour Code provides for the possibility of exceeding the maximum hours of work in specific processes which, due to their nature, must be carried on continuously by a succession of shifts, subject to the condition that the working hours shall not exceed 56 per week on average. In this regard, it recalls that, according to Article 7 of the Convention, the Government has to provide a list of the processes which are classified as being necessarily continuous in character. The Committee once again requests the Government to provide this list. It also requests the Government to keep it informed of any progress made with regard to the amendments to the draft Labour Code, which the Government has been referring to for over 15 years.

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on workmen’s compensation, the Committee considers it appropriate to examine Convention No. 17 (accidents) and No. 19 (equality of treatment) together.

Convention No. 17. Application of the Convention in practice. In its previous comments, the Committee hoped that the Government would make every effort to complete the reforms required to guarantee the protection afforded by the Convention to injured workers. The Committee notes the information provided by the Government in its report according to which, issues in the application of the Convention were due to the delayed implementation of the Occupational Accidents and Occupational Diseases Branch, established by the Social Security Code (Decree No. 13955 of 1963) but not yet established in practice. The Committee notes with concern that compensation in case of work-related accidents is still regulated by Legislative Decree No. 136 of 1983, which it has previously found not to be in compliance with the requirements of the Convention in many respects: Article 2 – the necessity to make the above Legislative Decree applicable to apprentices; Article 5 – the necessity to provide in the event of employment injury that the compensation shall be paid in the form of periodical payments to the injured worker or his or her dependants, provided that it may only be paid in the form of a lump sum where there are guarantees that it will be properly utilized; Article 6 – the payments of compensation in case of temporary incapacity from the fifth day following the accident at the latest and throughout the duration of the invalidity, that is until the worker is cured, or up to the date of the commencement of the periodical payments for permanent incapacity; Article 7 – necessity to provide additional compensation where the worker requires the constant help of another person; Article 8 – provision for review of the periodical payments either automatically or at the request of the beneficiary in the event of a change in the condition of the worker; and Article 11 – making provision for guarantees in the event of the insolvency of the insurer, inter alia. The Committee observes that, despite the comments it has been making for many years, the measures necessary to bring the national legislation into conformity with the Convention have still not been taken. The Committee once again requests the Government to report on measures envisaged or taken with a view to giving full effect to the Convention, including measures related to the amendment of Legislative Decree No. 136 of 1983 and the implementation of the Occupational Accidents and Occupational Diseases branch of the Social Security Code.

Article 1(1) and (2) of Convention No. 19. Equality of treatment for survivors. In its previous comments, the Committee recalled that, for many years, it has been drawing the Government’s attention to the issue of the right of survivors of foreign workers, originating from a country party to Convention No. 19, to receive a pension even if they did not reside in Lebanon at the time of the accident causing the death of their breadwinner, and hoped that the new Labour Code would guarantee this right in law and practice and would not forestall the corresponding amendment of the legislation governing compensation for employment injuries, namely section 10 of Legislative Decree No. 136 of 1983 and sections 9(3), subparagraphs (2) and (4) of the Social Security Code. The Committee notes the Government’s indication that it would be necessary to amend the relevant provisions in the Social Security Code once the Occupational Accidents and Occupational Diseases Branch is enacted to give effect to the Convention. Recalling that the Convention guarantees equality of treatment between the dependants of nationals and those of foreign workers from a country which has ratified the Convention without any requirement as to residence and irrespective of any reciprocity condition, the Committee once again requests the Government to take necessary measures to bring the national legislation in conformity with the Convention.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 102 and 121 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying Conventions Nos 102 (Part VI) or 121 as the most up-to-date instruments in this subject area. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the application in practice of Act No. 164 of 2011, punishing the crime of trafficking in persons.

The Committee notes the Government’s indication in its report that, during the period of 2014–15, 42 persons were identified as victims of trafficking in persons and a certain number of criminal cases were opened under Act No. 164 of 2011 against 67 traffickers for purposes of sexual and labour exploitation, and their trial is still ongoing. The Committee requests the Government to continue to provide information on the application in practice of Act No. 164 of 2011, including the prosecutions and convictions related to trafficking in persons, both for purposes of sexual or labour exploitation, as well as the specific penalties applied to those convicted. The Committee also requests the Government to provide information on any measures adopted in order to prevent trafficking in persons, as well as measures taken to ensure that victims of trafficking are provided with appropriate protection and services.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee noted that according to section 59 of Decree No. 14310/K of 11 February 1949 on prison regulations, persons sentenced to detention or to imprisonment may be required to work outside the prison only for activities of public utility and with their consent. The Committee requested the Government to provide further clarification on work performed by prisoners for the benefit of private entities. The Committee also sought information on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (section 87 of the Penal Code).

The Committee notes the Government’s indication that it referred the question to the Penitentiary Directorate which could not provide any relevant information in this regard. The Committee recalls that, according to Article 2(2)(c) of the Convention, work by prisoners for private entities can be held compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned accept such work voluntarily, without being subjected to pressure or the menace of any penalty, and that the conditions of such work approximate those of a free labour relationship. The Committee once again requests the Government to provide information on the work performed by prisoners under section 59 of the 1949 Decree, indicating whether such work may be for the benefit of private entities, and the guarantees provided for in such a case. Referring to section 87 of the Penal Code, the Committee requests the Government to indicate the conditions under which prisoners work for private entities when placed in the system of probationary release.

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2018 and requests the Government to provide its comments in this respect.

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant domestic workers to conditions of forced labour. In its earlier comments, the Committee noted the observation of 2013 from the International Trade Union Confederation (ITUC), indicating that there are an estimated 200,000 migrant domestic workers employed in Lebanon. These workers are excluded from the protection of the Labour Law, have a legal status tied to a particular employer under the kafala (sponsorship) system, and legal redress is inaccessible to them. Moreover, they are subjected to various situations of exploitation, including delayed payment of wages, verbal, and sexual abuse. The Committee also requested the Government to take the necessary measures to ensure that the Bill regulating the working conditions of domestic workers, as well as the Standard Unified Contract (SUC) regulating their work are adopted in the very near future.

The Committee notes the Government’s indication in its report that, the Bill regulating the working conditions of domestic workers was drafted in conformity with Domestic Workers Convention, 2011 (No. 189), and the Bill has been submitted to the Council of Ministers for discussion. The Bill will provide a certain number of safeguards, including social security coverage; decent accommodation; the timely payment of wages through bank transfer; hours of work (eight hours per day); sick leave; and a day of rest. The Government also indicates that a Steering Committee has been established under the Ministry of Labour in order to deal with issues related to migrant domestic workers and is composed of relevant Ministerial Departments, representatives of the private recruitment agencies, NGOs, certain international organizations, as well as representatives of certain embassies. A representative from the ILO Decent Work Technical Support Team in Beirut is also participating in the Steering Committee.

Moreover, the Government indicates that the Ministry of Interior and the Ministry of Labour have taken a series of preventive measures, including awareness raising campaigns through the media; the establishment of a shelter “Beit al Aman” for migrant domestic workers who are facing difficulties in collaboration with Caritas; the appointment of social assistants who look into the working conditions of migrant domestic workers in their workplaces; the training of labour inspectors on decent working conditions; and the conclusion of a series of Memoranda of Understanding (MOUs) with sending countries, such as the Philippines, Ethiopia and Sri Lanka. The Government further states that the Ministry of Labour has set up a specialized office for complaints and a hotline to provide legal assistance to migrant domestic workers. Moreover, under the Recruitment Agencies of Migrant Domestic Workers Decree No. 1/168 of 2015, it is prohibited to impose recruitment fees on all workers.

The Committee further notes that in its 2015 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) welcomed the various measures adopted by the State party to protect the rights of women migrant domestic workers, including issuing unified contracts, requiring employers to sign up to an insurance policy, regulating employment agencies, adopting a law criminalizing trafficking in persons and integrating such workers into the social charter and the national strategy for social development. The CEDAW, however, expressed concern that the measures have proved insufficient to ensure respect for the human rights of those workers. The CEDAW is equally concerned about the rejection by the Ministry of Labour of the application by the National Federation of Labour Unions to establish a domestic workers’ union, the absence of an enforcement mechanism for the work contracts of women migrant domestic workers, limited access for those workers to health care and social protection and the non-ratification of the Domestic Workers Convention, 2011 (No. 189). The CEDAW was further concerned about the high incidence of abuse against women migrant domestic workers and the persistence of practices, such as the confiscation of passports by employers and the maintenance of the kafala system, which place workers at risk of exploitation and make it difficult for them to leave abusive employers. The CEDAW was deeply concerned about the disturbing documented reports of migrant domestic workers dying from unnatural causes, including suicides and falls from tall buildings, and about the failure of the State party to conduct investigations into those deaths (CEDAW/C/LBN/CO/4-5, paragraph 37).

While taking note of the measures taken by the Government, the Committee notes with concern that migrant domestic workers are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty and physical abuse. Such practices might cause their employment to be transformed into situations that amount to forced labour. The Committee therefore urges the Government to strengthen its efforts to provide migrant domestic workers with an adequate legal protection, by ensuring that the Bill regulating the working conditions of domestic workers will be adopted in the very near future and to provide a copy of the legislation, once adopted. The Committee also urges the Government to take the necessary measures to ensure that migrant domestic workers are fully protected from abusive practices and working conditions that amount to forced labour.

Article 25. Penal sanctions for the exaction of forced labour. In its earlier comments, the Committee noted that according to the ITUC’s information, it was found that a lack of accessible complaint mechanisms, lengthy judicial procedures, and restrictive visa policies dissuade many workers from filing or pursuing complaints against their employers. Even when workers file complaints, the police and judicial authorities regularly fail to treat certain abuses against domestic workers as crimes. The Committee also noted the Government’s indication that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of their personal freedom, applies to the exaction of forced labour. It requested the Government to provide information on any legal proceedings which had been instituted on the basis of section 569 as applied to forced labour and on the penalties imposed.

The Committee further notes that in its 2015 concluding observations, the CEDAW observed that migrant domestic workers face obstacles with regard to their access to justice, including fear of expulsion and insecurity of residence.

The Committee notes the Government’s indication that the work of migrant domestic workers is regulated by the SUC and that the application of section 569 of the Penal Code is of the competency of the judiciary when a violation is detected. The Committee also notes copies of court decisions provided by the Government. It observes that the cases are related to non-payment of wages, harassment and working conditions of migrant domestic workers. In all cases employers have been sentenced to pay a monetary penalty to compensate the workers.

While noting this information, the Committee recalls that Article 25 of the Convention provides that the exaction of forced labour shall be punishable as a penal offence. The Committee therefore urges the Government to take the necessary measures to ensure that employers who engage migrant domestic workers in situations amounting to forced labour are subject to really adequate and strictly enforced penalties. It requests the Government to provide information on measures taken in this regard.

Repetition

Articles 3 and 4 of the Convention. Daily and weekly limits of hours of work. With reference to its previous comment concerning permanent exceptions, the Committee notes a copy of Regulation No. 30 of 20 February 1956 provided by the Government, which allows working time, under section 31 of the Labour Code, to be increased to 54 hours per week in commercial establishments. In this regard, the Committee draws the Government’s attention to the fact that the Convention only provides for exceptions to the general rule of eight hours per day and 48 hours per week under strict conditions set out in Article 4 (distribution throughout the week within the limit of ten hours’ work per day), Article 5 (general interruption of work), Article 6 (exceptional cases) and Article 7 (permanent and temporary exceptions) of the Convention. The abovementioned decree, however, does not specify the circumstances under which working time could be increased to 54 hours per week. The Committee requests the Government to provide further information on this point.

Articles 5, 6 and 7(1). Permanent exceptions. The Committee had previously noted that section 32 of the Labour Code authorizes increases in hours of work “in certain cases”, without specifying the specific circumstances. The Committee requests the Government to provide information on the cases in which this is allowed in order to ensure that this provision is in full conformity with the abovementioned Articles of the Convention.

Article 7(2). Temporary exceptions. With reference to its previous comment concerning temporary exceptions for public employees, the Committee notes a copy of Decree No. 3379 of 11 July 2000 provided by the Government. It further notes that, according to section 5(3) of this Decree, additional hours worked by public employees may not exceed 100 hours per month. It notes, however, that the Government’s report is again silent on the specific circumstances in which temporary exceptions may be authorized for this category of employees. The Committee further notes that, while the additional hours worked may not exceed 100 hours per month, according to section 5(4) the compensation for overtime pay should not exceed 75 per cent of the monthly wage. The Committee accordingly requests the Government to provide further information on this matter.

Furthermore, the Committee had previously noted that section 43 of the draft amendment to the Labour Code would amend section 33 of the Labour Code and would reduce the daily hours of work authorized in the case of temporary exceptions from 12 to ten hours. In this regard, the Committee once again recalls that Article 7(2) of the Convention authorizes the establishment of temporary exceptions only in the following cases: (i) in case of accident, actual or threatened, force majeure, or urgent work to machinery or plant, but only so far as may be necessary to avoid serious interference with the ordinary working of the establishment; (ii) in order to prevent the loss of perishable goods or avoid endangering the technical results of the work; (iii) in order to allow for special work, such as stocktaking and the preparation of balance sheets, settlement days, liquidations, and the balancing and closing of accounts; and (iv) in order to enable establishments to deal with cases of abnormal pressure of work due to special circumstances, in so far as the employer cannot ordinarily be expected to resort to other measures. Moreover, Article 7(3) of the Convention requires, in the case of temporary exceptions, that regulations determine the number of additional hours of work which may be allowed in the day and in the year. The Committee trusts that the relevant draft amendments to the Labour Code will specify the precise circumstances in which temporary exceptions may be authorized, and the number of additional hours of work which may be authorized in the year. More generally, the Committee requests the Government to indicate any progress made regarding the draft amendments to the Labour Code, to which the Government has been referring to for over 15 years.

Repetition

Article 2 of the Convention. Right to annual holidays with pay. Further to its previous comment, the Committee notes from the Government’s latest report that section 50 of the draft Labour Code will give full effect to this Article of the Convention. The Committee trusts that the new Labour Code will be enacted shortly, and requests the Government to provide a copy of the new text once it has been adopted.

Repetition

Labour law reform. The Committee notes the information provided by the ILO Decent Work Technical Support Team and the Regional Office for Arab States that a tripartite meeting took place in 2019 with the support of the ILO and that a new labour law reform is under way. The Committee requests the Government to take into account the matters raised below and in a request addressed directly to the Government in the context of this new reform process, in order to ensure the full conformity of a new Labour Code with the Convention, and to provide information on any progress made in this regard.

Article 3(1) and (2) of the Convention. Primary functions and additional duties of labour inspectors. 1. Supervision of union matters. The Committee previously noted that, pursuant to section 2(c) of Decree No. 3273 of 26 June 2000, the labour inspectorate has the power to monitor vocational organizations and confederations at all levels in order to check whether the latter, in their operations, are exceeding the limits prescribed by law and by their rules of procedure and statutes. It recalls that for many years it had requested the Government to take steps to limit labour inspectors’ intervention in internal trade union affairs. The Committee notes the Government’s reply in its report that the role of labour inspectors is limited to accessing union records and to cases where a union submits its final account or a union council member files a complaint. The Government indicates that there are currently no complaints in this respect with the Department of Labour Relations and Trade Unions. The Committee further notes the statistics provided by the Government indicating that, in 2015, the labour inspectorate supervised 207 trade union elections and received 13 applications for authorization to establish unions.

In this respect, the Committee recalls that, according to Article 3(1) of the Convention, the primary functions of the labour inspection system shall be to monitor and secure the conditions of work and the protection of workers while engaged in their work, and that in accordance with Article 3(2), any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. Further, the Committee expressed reservations in its 2006 General Survey, Labour inspection, paragraph 80, regarding excessive use of close supervision by labour inspectors of the activities of trade unions and employers’ organizations, to the extent that it takes the form of acts of interference in these organizations’ legitimate activities. The Committee urges the Government to take the necessary steps, in the context of the ongoing labour law reform, to ensure that the functions assigned to labour inspectors do not interfere with their main objective, which is to provide for the protection of workers in accordance with Article 3(1) of Convention No. 81. In this respect, it urges the Government to ensure that any supervision of trade union activities is carried out only in relation to the protection of the rights of trade unions and their members, and does not take the form of acts of interference in their legitimate activities and internal affairs.

2. Work permits for migrant workers. The Committee notes the statistics provided by the Government indicating that, in 2015, a significant amount of the labour inspectorate’s activities focused on the issuance (60,814) and renewal (148,860) of work permits, as well as inspections related to work permits (253). The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors to issue and monitor work permits do not interfere with the main objective of labour inspectors to secure the enforcement of legal provisions relating to conditions of work and the protection of workers, as required under Article 3(1) of the Convention. It requests the Government to provide information on the time and resources spent on labour inspection activities in these work areas, compared to activities aiming at securing the enforcement of legal provisions relating to conditions of work and the protection of workers.

Article 12(1) and (2). Right of inspectors to enter freely any workplace liable to inspection. In its previous comments, the Committee requested the Government to amend the Memorandum No. 68/2 of 2009 which requires prior authorization in writing for all unscheduled inspection visits. It notes that, according to section 6 of Decree No. 3273 of 2000 on Labour Inspection, labour inspectors shall have the authority to enter freely and without prior notice all enterprises under their supervision during hours of work at the enterprise and all parts thereof; and in conducting an inspection visit they shall apprise the employer of their presence on the premises, unless they consider such information detrimental to the execution of their functions. However, the Committee also notes the Government’s indication that written authorization is provided in order for an inspection to be carried out, and that inspections are carried out as part of an inspector’s annual or monthly programme. In this regard, the Committee recalls that Article 12 of the Convention provides that labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. It recalls that the requirement to obtain prior permission to undertake an inspection in all cases constitutes a restriction on the free initiative of inspectors to undertake an inspection, including where they have reason to believe that an undertaking is in violation of the legal provisions. The Committee once again requests the Government to take measures to amend Memorandum No. 68/2 of 2009 to ensure that labour inspectors provided with proper credentials are empowered to enter freely any workplace liable to inspection, in accordance with Article 12(1) of the Convention, and to provide copies of any texts or documents showing progress in this regard.

Repetition

Articles 1 and 3 of the Convention. Contribution of the employment service to employment promotion. The Government indicates in its report that, in addition to the main employment office in Beirut, two employment offices were inaugurated by the National Employment Agency in Tripoli and Saida. It adds that the Tripoli and Saida offices are not conveniently located, as required under Article 3(1) of the Convention, and that access to these offices is difficult due to a number of reasons, including visibility and security reasons. The Committee notes, moreover, that no new employment offices have been established since 2004 due to a lack of resources. During the period from 1 January to 1 August 2015, 225 employment applications were received, 85 vacancies were notified and 40 jobseekers were placed in employment. Moreover, the Government points out that employment in the private sector has encountered special difficulties during the reporting period due to the ongoing crisis in the Syrian Arab Republic, which has led to an influx of Syrian migrants to Lebanon, who compete with national workers for jobs. In addition, the Government indicates that 65 per cent of Lebanese jobseekers try to secure their jobs through their private networks rather than through the public employment offices. The Committee requests the Government to continue to provide information on the steps taken to ensure that employment offices are sufficient in number to serve each geographical area of the country and that they are conveniently located and accessible for employers and for workers. It also requests the Government to provide information on the measures adopted or envisaged to secure effective cooperation between the public employment service and private employment agencies (Article 11).

Articles 4 and 5. Cooperation with the social partners. The Government indicates that the administrative board of the National Employment Agency is composed of representatives of the tripartite constituents. It highlights the need to amend Decree No. 80 of 1977 to reduce the number of members of the administrative executive board by half. The Government further indicates that the mandate of the administrative board ended in 2015. In this respect, the Committee recalls that Article 4(3) of the Convention requires the appointment of representatives of employers and workers in equal numbers after consultations with representative organizations of employers and workers. The Committee once again requests the Government to provide more detailed information on the cooperation of the social partners in the organization, operation and development of the National Employment Agency, and in the development of an employment service policy. It further requests the Government to provide information in its next report on progress made in amending Decree No. 80 and to communicate a copy of the amended decree once it becomes available.

Article 6(b). Measures to protect migrant workers. In reply to the Committee’s previous comments, the Government indicates that there are no public employment offices for migrant workers. The Committee once again reminds the Government of the need for the employment service to take appropriate measures to facilitate the movement of migrant workers (Article 6(b)(iv) of the Convention). Referring to its previous comments, the Committee requests the Government to indicate the measures taken or envisaged to ensure the protection of categories of migrant workers other than domestic workers working in its territory.

Repetition

Article 2 of the Convention. Definition of the term “night”. The Committee recalls its previous comment in which it had noted that draft section 36 of the revised Labour Code was expected to align the definition of the term “night” with the requirements of Article 2 of the Convention, thus providing for a period of at least 11 consecutive hours including an interval of at least seven consecutive hours falling between 10 p.m. and 7 a.m. Noting from the Government’s latest report that the revision process of the Labour Code is still under way, the Committee hopes that the Government will not fail to examine, in consultation with the social partners, and in particular with women workers, the possibility of amending the national legislation. In this connection, it draws the Government’s attention to the possibility of ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-circumscribed conditions, or the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. It requests the Government to provide information on any decision taken or envisaged in this regard.

Repetition

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL), communicated with the Government’s report. The Committee observes that the Government has not replied to the observations made by the International Trade Union Confederation (ITUC) in 2010, alleging that the law imposes a high threshold on representative organizations for engaging in collective bargaining, as well as imposing the requirement of obtaining the agreement of two-thirds of the union membership at a general meeting to validate a collective agreement. The Committee once again requests the Government to send its comments concerning the observations made in 2010 by the ITUC.

With regard to the observations submitted by Education International (EI) in 2015 and 2016 concerning the situation of public and private educational staff and the wage freeze since 1996, the Committee notes that: (i) through the adoption of Decree No. 63 in 2008, teachers in the public and private sectors have had a wage increase; (ii) in 2013, following a wage increase in the private sector, public sector employees, including teachers, were granted an advance on their salary; and (iii) Act No. 26, published in the Official Gazette of 21 August 2017, also provides for a wage increase for teachers in the public and private sectors. The Committee requests the Government to indicate whether these wage increases are the result of collective bargaining.

Scope of application of the Convention. Domestic workers. In its previous comments, the Committee observed that the Government had not replied to the observations made by the ITUC concerning the exclusion of domestic workers from the Labour Code. The Committee observes that “domestic workers who work for private households” are excluded from the scope of application of the Labour Code of 1946 (section 7(1)), and that the contractual relationships between domestic workers and the individuals who employ them to perform domestic work in their households are governed by the Act on obligations and contracts. Moreover, the Committee notes that, in its concluding observations of 2018, the United Nations Human Rights Committee expressed concern that migrant domestic workers are excluded from protection under domestic labour law and are subjected to abuse and exploitation under the sponsorship (kafala) system. It also expressed concern about the lack of effective remedies against such abuses and the existence of anti-union reprisals (CCPR/C/LBN/CO/3). The Committee requests the Government to provide clarification in this respect, by indicating the manner in which domestic workers and migrant domestic workers can enjoy the protection of the Convention, including the right to engage in collective bargaining through the organization of their own choosing, and to indicate whether consideration is being given to amending the above-mentioned provision of the Labour Code. The Committee also requests the Government to indicate how these rights are exercised in practice, by indicating the names of any organizations that represent domestic workers and migrant domestic workers and the number of collective agreements covering them.

Legislative amendments

Articles 4 and 6 of the Convention. Promotion of collective bargaining. The Committee recalls that, in the comments that it has been repeating for many years, it has been emphasizing the need to revise a number of provisions of the Labour Code in force and to reword certain provisions on collective bargaining in the draft Labour Code communicated by the Government in 2004.

Excessive restrictions on the right to collective bargaining. In its previous comments, the Committee noted that section 3 of Decree No. 17386/64 required trade unions to obtain the support of at least 60 per cent of the Lebanese employees concerned in order for a collective agreement negotiation to be considered valid, and considered this threshold to be excessive. The Committee also noted that section 180 of the draft Labour Code provided for the reduction of the threshold to 50 per cent and reminded the Government that such a solution could nevertheless pose problems of compatibility with the Convention, as it would prevent a representative union without an absolute majority from being able to engage in bargaining. It therefore asked the Government to ensure that if no union represents the required percentage of workers to be declared the exclusive bargaining agent, collective bargaining rights are granted to all the unions in the unit, at least on behalf of their own members.

Right to collective bargaining in the public sector and the public service. In its previous comments, the Committee asked the Government to amend its legislation so that public sector workers not engaged in the administration of the State, governed by Decree No. 5883 of 1994, are able to enjoy the right to collective bargaining. In this regard, the Committee noted that section 131 of the draft Labour Code established that workers in the public administration, municipalities and public enterprises responsible for administering public services on behalf of the State or on their own account would have to right to engage in collective bargaining.

Compulsory arbitration. For many years, the Committee has been asking the Government to take measures so that recourse to arbitration in the three public sector enterprises governed by Decree No. 2952 of 20 October 1965 is only at the request of both parties. The Committee also requested the amendment of section 224 of the draft Labour Code, which provides that, should mediation fail, any dispute in the case of the three public sector enterprises governed by Decree No. 2952 will be settled by an arbitration board. The Committee notes with regret the Government’s indication that Decree No. 2952 has been replaced by Decree No. 13896 of 3 January 2005, and that now all investment enterprises in the private and public sectors which are responsible for managing public services on behalf of the State or on their own account must resort to compulsory arbitration should negotiations fail. The Committee recalls that compulsory arbitration is generally not compatible with the promotion of free and voluntary collective bargaining required by Article 4 of the Convention and therefore that compulsory arbitration in the context of collective bargaining is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and in the event of an acute national crisis. Noting with regret that the Government has been merely indicating, for over a decade, that the draft Labour Code is under examination and that due account will be taken of the Committee’s comments, and that the Labour Code in force continues to contain provisions that are not compatible with the Convention, the Committee urges the Government to take the necessary legislative measures to amend the Labour Code in force so as to guarantee the collective bargaining rights of workers, including domestic workers. The Committee reminds the Government that it may avail itself of technical assistance from the Office in this regard.

Collective bargaining in practice. The Committee requests the Government to provide statistics on the number of collective agreements concluded and in force and to indicate the sectors and number of workers covered.

Repetition

Articles 1 and 2 of the Convention. Gender pay gap. The Committee recalls its previous comments in which it noted that, according to statistics published in October 2011 by the Central Statistics Office, in 2007 the gender pay gap was an estimated 6.2 per cent in services; 10.8 per cent in commerce; 21 per cent in agriculture; 23.8 per cent in manufacturing; and 38 per cent in transport and communications. In the absence of updated information in this regard in the Government’s report, the Committee once again requests it to take the necessary steps to gather, analyse and communicate data on the remuneration of men and women and wage gaps in the different sectors of economic activity, including the public sector, and for different professional categories. The Committee once again requests the Government to adopt specific measures to rectify gender pay gaps, including raising awareness among employers, workers and their organizations of the principle of equal remuneration for men and women for work of equal value, and to provide information on any action taken to this end and on any obstacles encountered.

Article 2. Legislation. Equal remuneration for men and women for work of equal value. For more than 40 years the Committee has been requesting the Government to ensure that the principle of equal remuneration for men and women for work of equal value is given full legal expression. The Committee notes with regret that the Government’s report merely indicates that the new draft Labour Code is still under examination. The Committee is therefore bound to urge the Government to ensure that the draft Labour Code gives full legal expression to the principle of equal remuneration for men and women for work of equal value, in order to facilitate a broad scope of comparison encompassing not only equal or similar work, but also work of an entirely different nature that is of equal value overall. Expressing the firm hope that the Government will be in a position to report progress on this matter in the near future, the Committee asks the Government to provide a copy of the relevant provisions when they have been adopted.

Repetition

Article 1(a) of the Convention. Payment of employment benefits. Family allowances. For a number of years the Committee has been emphasizing that, when both husband and wife are entitled to family allowances, these are still paid primarily to the husband if he works, and it has been asking the Government to change this practice. The Committee welcomes the communication by the Government of a draft amendment to section 47(1)(a) of the Social Security Act aimed at allowing both working fathers and mothers to receive family allowances, provided that they no longer collect them from other public bodies. The Committee requests the Government to take the necessary steps to enable the adoption of the amendment to the Social Security Act in order to allow women workers to be treated on an equal footing to men with regard to the payment of family allowances. The Government is requested to provide information on the progress of this draft amendment and to provide a copy of the text once it is adopted.

Severance pay in the event of marriage. The Committee recalls that the principle of the Convention applies to remuneration as defined by the Convention, that is to say not only the basic salary but also any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. In this regard, the Committee recalls that it has previously asked the Government to amend the Labour Code and section 50 of the Social Security Act, which provide for severance (or end-of-service) pay for women who resign upon marriage. For several years, the Government indicated that this issue was covered by the new draft Labour Code. Nevertheless, the Committee notes that the Government’s report does not contain any information in this regard. The Committee is therefore bound to repeat its request to the Government to ensure that the new Labour Code gives men and women equal entitlement to severance pay and that section 50 of the Social Security Act is consequently amended. Meanwhile, the Committee once again requests the Government to ensure that the application in practice of this provision on severance pay in the event of marriage does not have the effect of reinforcing traditional attitudes and stereotypes regarding the role of women in society and their aspirations and preferences, including those relating to household and family responsibilities.

Article 2. Domestic workers. Equal remuneration for men and women for work of equal value. Minimum wage. The Committee recalls that domestic workers, the majority of whom are women, are excluded from the scope of the Labour Code of 1946 (section 7(1)) and, consequently, the provisions of sections 44 et seq. on the minimum wage do not apply to them. It also recalls that a standard employment contract for foreign domestic workers was adopted in 2009, under which the employer must pay a monthly salary to be agreed upon by both parties. In its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government only indicates that domestic workers are governed by the Code of Obligations and Contracts, that the bill applicable to this category of workers is still being drafted and that a Bill on the application of the Domestic Workers Convention, 2011 (No. 189), is being prepared. The Committee therefore once again requests the Government to indicate whether providing for a minimum wage in the Bill on the employment of domestic workers is envisaged. Pending the adoption of the Bill, the Committee once again requests the Government to provide information on any legal or practical measures taken or contemplated to ensure that the principle of equal remuneration for men and women for work of equal value also applies to domestic workers. The Government is also once again requested to indicate any measures adopted, in cooperation with the social partners, to inform employers that, when wages and additional emoluments for domestic workers are fixed, domestic work usually carried out by women must not be undervalued as a result of gender stereotypes in comparison to domestic work usually carried out by men and that, more generally, domestic work must not be undervalued in comparison to other types of work. Lastly, the Committee once again asks the Government to take steps to collect and send data, disaggregated by sex, on the number of men and women domestic workers and their wages.

Application in the public service. In its previous comments, the Committee highlighted the low representation of women in better paid positions in the public service. The Committee welcomes the recent statistical data disaggregated by sex communicated by the Government on the composition of the workforce in public bodies (2016), according to which 43.3 per cent of public administration officials were women, of which 25.4 per cent were in the highest category of the hierarchy. Nevertheless, the Committee notes that the report does not contain any information on the remuneration of men and women in the public service. The Committee recalls that, in the public service, inequalities of remuneration may exist, despite the existence of categories of staff and pay scales, owing to the criteria used to classify posts, undervaluation of the tasks carried out mainly by women or even inequalities in the payment of certain benefits (bonuses, benefits, allowances, etc.) to which men and women do not have equal access in law or in practice. The Committee requests the Government to take the necessary steps to encourage the employment of women in posts in the higher categories of the public service and to ensure that men and women in the administration have equal access to allowances and benefits which, within the meaning of the Convention, form an integral part of remuneration. The Government is also requested to collect and provide information on the remuneration of men and women in the public service and on any analysis of gender pay gaps.

Article 3. Objective job evaluation. The Committee notes that, despite its repeated requests, the Government’s report still does not contain any information on this point. The Committee is therefore bound to once again request the Government to explain in detail the methods and criteria used to determine pay levels within the new job classification system in the public administration, and how gender bias has been avoided. Recalling that the implementation of job evaluation exercises has been shown to have a measurable impact on gender pay differentials, the Committee again asks the Government to provide information on the steps taken, in cooperation with workers’ and employers’ organizations, to ensure that the methods and criteria used by private employers to establish job descriptions and determine the corresponding pay structure are free from gender bias and do not undervalue tasks performed by women.

Repetition

Article 1(a) of the Convention. Sentences of imprisonment involving compulsory labour as a punishment for expressing political views. Over a number of years, the Committee has been drawing the Government’s attention to certain provisions of the Penal Code under which penalties of imprisonment involving compulsory prison labour (pursuant to section 46 of the Penal Code) may be imposed in circumstances falling under Article 1(a) of the Convention, namely:

• – section 198(5) on political offences against the external security of the State;
• – sections 297 and 298 on offences against the prestige of the State and participation in political or social associations of an international nature;
• – section 301(1) on offences against the activities aimed at modifying by illegal means the Constitution of the State.

The Committee requested the Government to provide information on the application in practice of the above provisions, supplying copies of court decisions illustrating their application.

The Committee notes the Government’s indication in its report that, in practice, prisoners only perform daily tasks of cleaning on their premises, and therefore no labour is imposed on them. The Government also indicates that the Committee’s requests of court decisions has been forwarded to the competent authorities, and no relevant court decisions on the application of the abovementioned provisions of the Penal Code were available.

The Committee observes that according to section 46 of the Penal Code, persons convicted for offences related to the application of sections 198(5), 297, 298 and 301(1) of the Penal Code are not exempted from the obligation to work. It also notes that the abovementioned provisions of the Penal Code are worded in terms broad enough to lend themselves to application as a means of punishment for the expression of views opposed to the established political, social or economic system. Moreover, any infringement of these provisions may lead to the imposition of a prison sentence under which compulsory prison labour may be required. Referring to its 2012 General Survey on the Fundamental Conventions, the Committee recalls that in the great majority of cases, labour imposed on persons as a consequence of a conviction in a court of law is not incompatible with the Convention, such as in the cases of the exaction of compulsory labour from common offenders convicted, for example, of robbery, kidnapping or other acts of violence or of having endangered the life or health of others, or numerous other offences. However, if a person is required to perform compulsory prison labour following a conviction for the holding or expression of certain political views or views ideologically opposed to the established political and social system, the situation is incompatible with the Convention which prohibits the imposition of compulsory prison labour as a sanction in these circumstances (paragraph 300). The Committee therefore requests the Government to provide information on any cases of practical application of sections 198(5), 297, 298 and 301(1) of the Penal Code, including copies of relevant court decisions illustrating their application and indicating the penalties imposed, as soon as such information becomes available, in order to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

Repetition

Article 8(1) and (3) of the Convention. Temporary exemptions and compensatory rest. In reply to the comments made by the Committee on this point over the years, it notes that the Government has been referring for over a decade to draft amendments to the Labour Code that would ensure compliance with the provisions of the Convention. The Committee trusts that these amendments will be adopted in the near future and requests that the Government provides information in this regard.

Repetition

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL) communicated by the Government with its report.

Articles 1(1)(a) and 5 of the Convention. Discrimination based on sex. Restrictions on women’s employment. The Committee recalls that, in its previous comments, it emphasized that the Labour Code contains restrictions on women’s employment (section 27) which are not limited to the protection of maternity and it requested that the Government take the necessary steps, in the context of labour legislation reform, to ensure that these restrictions do not go beyond the protection of maternity. The Committee notes that the Government’s report does not contain any information in this regard and is bound to repeat its requests. The Committee once again asks the Government to take the necessary steps to ensure that any restriction on women’s employment laid down in the future Labour Code is strictly limited to the protection of maternity and is not based on stereotypes regarding women’s professional abilities and role in society without account being taken of their real capacity to perform the job in question. The Committee also asks the Government to consider other steps, such as better safety and health protection for men and women, adequate transport or social services, that might be necessary to allow women the same opportunities as men regarding access to all types of employment and to provide information on any measures taken for that purpose.

Article 2. Gender equality. Civil service. The Committee notes the detailed statistics provided by the Government regarding the number of men and women employed in the civil service. The Committee observes that, while 43.3 per cent of officials in the public administration are women, only 25.4 per cent of officials in the highest category are women. The Committee asks the Government to identify the steps taken or envisaged to identify the underlying causes of this de facto inequality and to actively promote access for women to a greater number of posts at all levels, particularly those in the higher categories, and to continue to provide statistics disaggregated by sex, evaluating the impact of these measures.

Gender equality. Private sector. In its previous comments, the Committee highlighted the existence of substantial occupational segregation between men and women in the labour market and in training. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in which it expressed concern about “the lack of measures to promote the concept of shared family responsibilities and to combat the difficulties that women face in combining work and family responsibilities.” The CEDAW also expressed concern about “women’s limited access to the formal labour market, … occupational segregation and … the high percentage of women in low-paid jobs, such as service sector workers and salespersons, administrative staff and mid-level professionals” (CEDAW/C/LBN/CO/4-5, 24 November 2015, paragraph 35). The Committee also notes that the CGTL indicates that the rights provided under the Labour Code do not ensure equal protection for men and women and suggests that a seminar on legislation be held, following consultations with workers’ and employers’ organizations and the Government, with a view to developing a joint code of conduct aimed at ensuring equality of treatment and opportunity. The trade union also indicates that it encourages the executive authorities to propose an amendment to the Labour Code and then for the legislature to adopt that amendment. The Committee notes that the Government refers to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon, which details the action and activities undertaken by some non-governmental organizations and international organizations, including lobbying to amend the labour legislation and training for women to enter and make progress in the labour market. This report indicates that the Minister of Social Affairs has implemented programmes for women’s economic independence and support services for women who work. The Committee also notes that, in the framework of the National Strategy for Women (2011–21), a new plan of action was adopted for the period 2017–19 with the aims of: (i) eliminating the discriminatory provisions in the laws governing the work of women; (ii) raising the awareness of women of their labour rights and the opportunities available; and (iii) developing women’s skills to improve their participation in economic activity. The Committee asks the Government to provide detailed information on all the measures taken to eliminate discrimination against women and to promote equality between men and women in employment and occupation. More specifically, the Committee asks the Government to report on the steps taken to implement the National Strategy for Women 2011–21, including within the framework of the National Plan of Action 2017–19, identifying the results achieved in terms of the revision of discriminatory laws and the promotion of women’s employment in the private sector, particularly in occupations traditionally carried out by men and in occupations offering career prospects.

Foreign domestic workers. Model employment contract. In its previous comments, the Committee expressed concern regarding the general wording of clause 16(a) of the model employment contract adopted in 2009 (termination of employment by the employer if the worker commits a deliberate mistake, negligence, aggression or threats, or harms the interests of the employer or any member of his or her family) and the adverse consequences for the worker exercising the right to terminate the contract under clauses 17(a) (non-payment of wages for three months) and 17(b) (violence, abuse or harassment by the employer), since termination will always result in the foreign domestic worker having to leave the country. The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern at “the unfavourable working conditions set under the standard employment contract for domestic workers” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraph 41). Referring to its observation, the Committee notes the Government’s indication that the model employment contract defines the relationship between the employer and the worker and, more generally that the relationship between employers and domestic workers is being examined by the national steering committee of the Ministry of Labour. The Committee trusts that the analysis undertaken by the Ministry of Labour will lead to a re examination and revision of the clauses of the model employment contract that are likely to place domestic workers in a situation of vulnerability with regard to discrimination and abuse.

Non-nationals. The Committee notes that, for many years, the country has hosted an increasing number of refugees. According to a report of the Office of the United Nations High Commissioner for Refugees (UNHCR) entitled “Global trends: Forced displacement in 2017”, Lebanon hosts the largest number of refugees relative to its national population: one in six inhabitants is a refugee. The Committee notes that, in its concluding observations, CERD states that the country hosts a large number of refugees, including more than 500,000 Palestinians and an estimated 1.1 million Syrians. In this regard, CERD noted “with concern that refugees are allowed to work only in certain sectors” and, while recognizing that the influx of refugees puts pressures on the State infrastructure, it noted “with concern the number of circulars restricting the admission of non-Lebanese pupils to public schools” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraphs 5, 33–35). The Government reports that no discriminatory practices against Palestinians exist in employment and that the decision regarding the occupations reserved for Lebanese nationals is adopted each year. The Committee recalls that, while the Convention does not cover the discrimination on the ground of nationality, it covers non-nationals on an equal footing with nationals so that non-nationals are protected against discrimination on the grounds of sex, race, colour, religion, political opinion, national extraction or social origin, under Article 1(1)(a). Although aware of the difficulties resulting from the huge influx of refugees into the country in recent years, the Committee asks the Government to provide information on the measures adopted or envisaged to ensure effective protection for refugees against any discriminatory practice on the basis of race, colour, national extraction or social origin, including sexual harassment, regarding not only access to employment but also working conditions (hours of work, remuneration, etc.). The Committee once again asks the Government to identify the occupations reserved for Lebanese nationals and to provide the available data, if possible disaggregated by sex, on the labour force participation of Palestinians and Syrian nationals, with an indication of the type of work that they carry out.

Enforcement. The Committee notes the information provided by the Government. The Committee observes in particular the Government’s indication that the Beirut labour inspectorate has not recorded any cases of discrimination on the grounds of religion, race or gender. The Committee also notes that the Government recognizes that if cases of management-sanctioned discrimination do exist, they would not be openly acknowledged. The Government also recognizes that workers may deny the existence of discriminatory practices for fear of losing their job, even where such practices exist, perhaps unintentionally. According to the Government, it remains for workers to report the existence of discriminatory practices and to contact the Ministry of Labour or other competent authorities in order to end those practices. Noting this information, the Committee asks the Government to introduce the necessary training and awareness raising to enable labour inspectors to better identify discriminatory practices during their inspections of enterprises, particularly with regard to recruitment (for example by examining recent vacancies or the selection procedures followed). The Committee also asks the Government to ensure that complaints procedures based on the principles of confidentiality and protection against reprisals are available to workers. The Government is also asked to continue to provide information on any cases of discrimination detected by the labour inspectorate or brought to the attention of the Ministry of Labour or referred to the courts.

Repetition

Articles 1 and 2 of the Convention. Protection of workers against discrimination, including sexual harassment. Law and practice. For more than 20 years the Committee has been requesting that the Government introduce a definition and a general prohibition of direct and indirect discrimination on the grounds set out in Article 1(1)(a) of the Convention, within the framework of the Labour Code reform, applicable to all aspects of employment and occupation. The Committee recalls that the Labour Code currently in force (the Labour Code of 1946, as amended) only covers discrimination between men and women in certain aspects of employment (section 26) and does not provide effective protection against all forms of sexual harassment, namely quid pro quo and hostile working environment sexual harassment. Indeed, the only section of the Code that could be applied in cases of sexual harassment is a provision that authorizes employees to leave their jobs without notice when “the employer or his representative commits the offence of molestation of the worker” (section 75(3)). The Committee recalls in this regard that legislation under which the sole redress available to victims of sexual harassment is the possibility to resign, while retaining the right to compensation, does not afford sufficient protection for victims of sexual harassment since it punishes them and could therefore dissuade victims from seeking redress (see 2012 General Survey on the fundamental Conventions, paragraph 792). The Committee notes with regret that the Government’s report does not contain any information on the progress or content of the ongoing reform of the Labour Code. However, the Committee observes that, according to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon (2011–21), the Ministry of Labour has prepared a bill criminalizing sexual harassment in the workplace. Consequently, the Committee urges the Government to take the necessary steps to ensure that the new Labour Code contains provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, as defined in Article 1(3), and all forms of sexual harassment (quid pro quo harassment and the creation of a hostile working environment). The Committee once again asks the Government to provide information on any progress made with a view to adopting the draft Labour Code. In the absence of full legislative protection against discrimination, the Committee also once again requests the Government to adopt specific measures to ensure, in practice, the protection of workers against discrimination on the grounds of race, colour, religion, political opinion, national extraction and social origin, and against sexual harassment in employment and occupation, including measures to raise awareness of these issues among workers, employers and their respective organizations, in order to improve prevention.

Foreign domestic workers. Multiple discrimination. For more than ten years, the Committee has been examining the measures taken by the Government to address the lack of legal protection for domestic workers, most of whom are women migrants, since these workers are excluded from the scope of the Labour Code and are particularly vulnerable to discrimination, including harassment, on the basis of sex and other grounds such as race, colour and ethnic origin. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) noted with concern that “abuse and exploitation of migrant domestic workers continues to occur in spite of the measures taken by the State party”. The CERD also noted with concern that “victims are often not able to seek assistance when they are forcibly confined to the residence of their employers or when their passports have been retained”. The CERD recommended the following measures: “abolish the conditions that render migrant domestic workers vulnerable to abuse and exploitation, including the sponsorship system and the live-in setting”; “extend the coverage of the Labour Code to domestic work, thereby granting domestic workers the same working conditions and labour rights as other workers, including the right to change occupation, and subjecting domestic work to labour inspections”; “ensure that any specific legislation on domestic employment is aimed at tackling migrant domestic workers’ increased vulnerability to abuse and exploitation”; and “conduct campaigns to change the population’s attitudes towards migrant domestic workers and to raise awareness of their rights” (CERD/C/LBN/CO/18–22, 5 October 2016, paragraphs 41–42). The Government reports that domestic workers are covered by the Code of Obligations and Contracts, and once again refers to the model contract and the Bill on the employment of domestic workers. The Government also indicates that a Bill to ratify the Domestic Workers Convention, 2011 (No. 189), was submitted to the Council of Ministers and that the national steering committee of the Ministry of Labour, which is responsible for examining relations between employers and domestic workers, is currently developing significant measures to guarantee compliance with contracts and abolish the sponsorship system. However, the Government states that this process will take time. In this regard, the Committee notes the Government’s indication that the Ministry of Labour and official bodies have not established restrictions regarding changes of employer and that this is an issue that only concerns the worker and the employer. Recalling its previous comments and noting with regret that the situation remains unchanged, the Committee urges the Government to take the necessary measures, in cooperation with the social partners, to ensure genuine protection for migrant domestics workers, in law and practice, against direct and indirect discrimination on all of the grounds set out in the Convention, including against sexual harassment, and in all areas of their employment, either through the adoption of a bill on the employment of domestic workers or, more generally, within the framework of the labour legislation. The Committee asks the Government to supply information on any progress made in this regard and on any legislative changes to abolish the sponsorship system. The Committee asks the Government, in particular, to ensure that any new regulations envisaged on the right of migrant workers to change employers do not impose conditions or restrictions likely to increase these workers’ dependence on their employer and thus increase their vulnerability to abuse and discriminatory practices.

Repetition

Articles 3(1) and 6 of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. 1. Lens of the eye. The Committee notes that table 2 of Decree No. 11802, regarding the organization of prevention, safety and professional hygiene, sets the dose limitation to the lens of the eye as 150 mSv per year. With reference to paragraph 32 of its 2015 general observation on the application of Convention No. 115, the Committee requests the Government to take measures to ensure that the dose limits to the lens of the eye are set as 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year.

2. Protection for pregnant and breastfeeding workers. With reference to paragraph 33 of its 2015 general observation on the application of Convention No. 115, the Committee once again requests the Government to provide information on any measures to establish the maximum permissible dose for workers who are pregnant or breastfeeding.

Articles 6(1), 7(1)–(2) and 8. Dose limits for persons between 16 and 18 years. The Committee previously requested the Government to indicate whether Decree No. 700 of 1999 had been revised with a view to setting limits for workers under the age of 18 years involved in ionizing radiation work and prohibiting the engagement of workers under the age of 16 in such work. The Committee notes the Government’s indication, in response, that Decree No. 700 has been repealed and replaced by Decree No. 8987 of 2012. Decree No. 8987 provides that engaging workers under the age of 18 in activities where they are exposed to carcinogenic substances, radiations or substances that may cause infertility or birth defects is totally prohibited (section 1 and Annex 1). It also notes that section 21 of Decree No. 11802 sets general dose limits for workers over 18 years of age in the terms of table 2 of the Decree’s Annex. However, the Committee notes that Annex 2 of Decree No. 8987, concerning a list of work activities which are likely to harm the health, safety or morals of workers under the age of 16 years, and are allowed for workers aged 16 and over, includes those exposing workers to atomic or ionizing radiation, provided that these workers are offered full protection of their physical, mental and moral health and that these minors receive special education or appropriate vocational training, with an exception of the works totally banned in the terms of Annex 1. With reference to its 2015 general observation on the application of Convention No. 115, the Committee recalls that for occupational exposure of apprentices aged 16 to 18 years of age who are being trained for employment involving radiation and for exposure of students aged 16 to 18 who use sources in the course of their studies, the dose limits are: (a) an effective dose of 6 mSv in a year; (b) an equivalent dose to the lens of the eye of 20 mSv in a year; and (c) an equivalent dose to the extremities (hands and feet) or to the skin of 150 mSv in a year. The Committee once again requests the Government to take the necessary measures, including in the course of the ongoing labour law reform, to ensure that specific dose levels are fixed for workers between the ages of 16 and 18 engaged in radiation work.

Repetition

The Committee notes the observations from the General Confederation of Lebanese Workers (CGTL), received on 5 September 2017, which call on the Government to support the National Employment Office (NEO), protect Lebanese workers and promote youth employment. The Government is requested to provide its comments in this respect.

Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee notes the Government’s indication that the “First job for youth” programme has been discontinued. The Government adds that the NEO, in cooperation with the Beirut Traders Association and the Société Générale de Banque au Liban, has conducted a study on the workforce in commercial and service enterprises, with a view to highlighting weaknesses and strengths in the commercial sector, to better understand the professional and economic situation of workers, assess the sector’s manpower needs and determine how to meet these. The Committee requests the Government to provide information on the reasons underlying the discontinuation of the “First job for youth” programme and to provide information as to the nature and outcome of any alternative programmes established or other measures taken to promote youth employment. It also requests the Government to provide information on the impact of the National Employment Office study on the creation of decent and lasting employment as well as on the reduction of unemployment and underemployment. Referring to its previous comments, the Committee requests the Government to provide information, including disaggregated statistical data on the situation and trends of employment, unemployment and underemployment, particularly with regard to women and young workers. The Government is also requested to report on progress made through its first labour force survey with respect to the compilation and dissemination of labour market data, and to indicate the manner in which the collected data is taken into consideration in the formulation and implementation of the employment policy.

Employment promotion through technical vocational education and training (TVET) for young persons. The Government indicates that the National Centre for Vocational Training currently offers training in four specializations (electronics, heating and refrigeration, computing and beauty) and additional training courses are organized for Lebanese citizens and non-nationals, in collaboration with the European Institution for Cooperation and Development (IECD) in the fields of air-conditioning, refrigeration and electrical wiring. The Government adds that, under a joint ILO/UNICEF programme entitled “Towards improved formal and non-formal technical vocational and educational training in Lebanon”, the Board of the National Centre for Vocational Training is engaged in a project to modernize the Centre, update its educational programmes and organize training programmes for 2018. The Committee requests the Government to provide updated information, including statistical information disaggregated by sex and age, on the impact of the training programmes implemented on securing full, productive, freely chosen and lasting sustainable employment. In addition, noting that all trainees in the electronics, heating and refrigeration fields are men and all trainees in the beauty specialization are women, the Committee requests the Government to indicate the measures taken or envisaged to address gender-based occupational segregation, particularly in education and training programmes aimed at promoting youth employment. The Committee further requests the Government to provide information on the measures taken or envisaged to ensure that technical vocational education and training curricula and programmes are coordinated with existing and anticipated employment opportunities, to meet the current and evolving needs of the labour market.

Migrant workers. In response to its previous comments in respect of measures adopted in the framework of an active employment policy to prevent abuse in the recruitment of foreign workers resident in the country, the Committee notes with interest that the Government has taken a series of measures to prevent the abuse of migrant domestic workers. The Government reports that a Bill regulating decent work for domestic workers has been drafted in accordance with the provisions of the Domestic Workers Convention, 2011 (No. 189). Moreover, a Steering Committee composed of 25 bodies, including relevant ministerial departments, the Syndicate of the Owners of Recruitment Agencies in Lebanon, non-governmental agencies (NGOs) and concerned embassies, has been established to deal with issues of specific relevance to female migrant domestic workers, leading to the formulation of a Standard Unified Contract (SUC) for migrant domestic workers (both male and female) and publication of a guide to inform female domestic migrant workers of their labour rights. The guide and the SUC have been transmitted to the embassies of labour-exporting countries and are distributed to each female worker upon her arrival in Lebanon. The Ministry of Labour has also taken measures to restructure offices engaged in recruiting female domestic migrant workers according to international standards for the respect of human rights and the combating of human trafficking and has set up a specialized office for complaints as well as a hotline to provide direct assistance to migrant domestic workers. The Government further indicates that bilateral agreements have been signed with a number of States on the protection of migrant workers and negotiations are being carried out with labour-exporting States to conclude agreements on protecting the rights of female domestic workers. The Committee requests the Government to provide information on developments in relation to the Bill regulating decent work for domestic workers and to provide a copy once it is adopted. The Government is also requested to provide information on the impact of the measures taken to prevent abuses of migrant workers, including migrant domestic workers.

Promotion of small and medium-sized enterprises (SMEs). The Committee notes the information provided by the Government on measures taken to create an environment conducive to the growth and development of SMEs, including the adoption of the “Lebanon SME Strategy: A Roadmap to 2020” and publication of an SME guide. The Government also refers to the ILO-led project entitled “Enhancing SME productivity and competitiveness in Jordan and Lebanon through responsible workplace practices. The project promotes collaboration between, among other actors, the Association of Lebanese Industrialists and the National Federation of Employees and Workers in Lebanon, and aims to build the capacity of employers’ and workers’ organizations to provide workplace improvement and business management training sessions as well as improve SME workers’ skills. The Committee requests the Government to provide updated information on the effectiveness of measures and programmes implemented in support of SMEs and their impact in terms of improving the SME business environment, enhancing workers’ skills and creating decent jobs. It also requests the Government to provide information on measures taken to promote youth entrepreneurship and create new small and microenterprises.

Article 3. Participation of the social partners. The Government indicates that, on 2 April 2017, a Memorandum of Understanding launching the Lebanon Decent Work Country Programme was signed by the Minister of Labour, the President of the General Confederation of Lebanese Workers, the President of the Association of Lebanese Industrialists and the ILO. The Programme aims to strengthen policy coherence, with a focus on labour administration and labour inspection systems; improve conditions of decent work in Lebanon; enhance productive employment opportunities with a focus on Lebanese youth; improve the provision of social security and institute a minimum level of social protection; and improve the governance and regulation of labour migration. The Committee requests the Government to provide updated and detailed information on the manner in which the views of the social partners – in particular representatives of the persons affected by the measures to be taken – are taken into account in the development, implementation and review of employment policies and programmes.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wages) and Convention No. 95 (protection of wages) together. The Committee takes note of the observations of the General Confederation of Lebanese Workers (CGTL) transmitted with the Government’s report.

Minimum wage

Articles 3 and 4 of Convention No. 131. Minimum wage-fixing machinery. Method of operation and consultations with the social partners. Further to its previous comments, the Committee notes the information provided by the Government in its report, including on the criteria taken into consideration in the determination of the minimum wage, such as the cost of living rate and the rate of inflation. The Government adds that the minimum wage is adopted based on consultations, via the Committee on the cost-of-living index and the Committee on Sustainable Dialogue, between employers’ organizations, workers’ organizations and the Government. The Committee also notes that, according to the CGTL, there is a need for a periodic review of the minimum wage in line with the increase in the cost of living. The CGTL also calls for regular convening of social dialogue sessions at fixed times and an end to making use of arbitrary figures by adopting transparency in monitoring prices and the cost of living. The Committee recalls that Article 4(1) of the Convention requires Members to create and/or maintain machinery whereby wages can also be adjusted from time to time and that under Paragraph 12 of the Minimum Wage Fixing Recommendation, 1970 (No. 135), a review might be carried out of minimum wage rates in relation to the cost of living and other economic conditions either at regular intervals or whenever such a review is considered appropriate in the light of variations in a cost-of-living index. The Committee requests the Government to provide information on the operation of the minimum wage fixing machinery in practice, in particular on the functioning and work of the Committee on the cost-of-living index and the Committee on Sustainable Dialogue in this regard.

Protection of wages

Labour law reform. In previous comments, the Committee has been drawing the Government’s attention to issues of conformity concerning the application of various provisions of the Convention. It had noted that a number of legislative reforms were under discussion. It notes that the Government indicates in its report that the Committee’s requests were before the legislative scrutiny committees for their opinion. In the absence of information that progress has been made, the Committee is bound to reiterate its request to the Government to take all necessary measures to give effect to the points raised below. It requests the Government to provide information in this regard.

Article 2 of Convention No. 95. Scope of application. The Committee recalls that under section 7 of the Labour Code, various categories of workers are excluded from its scope of application, including public servants, domestic workers, certain agricultural workers and family businesses. The Committee recalls that, according to its Article 2(1), the Convention applies to all persons to whom wages are paid or payable. The Committee requests the Government to consider extending the protection of the Labour Code to the above workers. Where exclusions would remain, it requests the Government to take the necessary measures to ensure that the workers concerned benefit from the protection afforded by the Convention.

Article 4. Partial payment of wages in kind. The Committee recalls that section 47 of the Labour Code refers to the payment of wages in kind without however prescribing any conditions for such payments. The Committee also recalls that, under Article 4(1) of the Convention, partial payment of wages in the form of allowances in kind may only be permissible in industries or occupations in which payment in the form of such allowances is customary or desirable because of the nature of the industry or occupation concerned. It further recalls that Article 4(2) provides that, in such case, measures shall be taken to ensure that: (a) such allowances are appropriate for the personal use and benefit of the worker and his family; and (b) the value attributed to such allowances is fair and reasonable. The Committee requests the Government to take the necessary measures to give full effect to that provision and to provide information in this regard.

Article 6. Freedom of workers to dispose of their wages. The Committee recalls that the prohibition for employers to limit in any manner the freedom of workers to dispose of their wages is not contained in the Labour Code. The Committee requests the Government to consider inserting such provision in any revision of the Labour Code.

Article 12(2). Final settlement upon termination. The Committee recalls that the Labour Code does not contain a provision on this matter. Recalling that Article 12(2) provides that upon the termination of a contract of employment, a final settlement of all wages due shall be effected in accordance with national laws or regulations, collective agreement or arbitration award or, in the absence of any applicable law, regulation, agreement or award, within a reasonable period of time having regard to the terms of the contract, the Committee requests the Government to take the necessary measures to give full effect to that provision and to provide information in this regard.

Article 15. Effective application and enforcement. The Committee notes that the CGTL refers to issues with the effective application of the provisions related to the protection of wages. It refers in particular to issues related to deductions and the payment of social security contributions. The Committee requests the Government to provide its comments in this regard. It asks the Government to refer to its comments under the Labour Inspection Convention, 1947 (No. 81).

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its earlier comments, the Committee noted that, the Ministry of Labour (MoL) established a National Committee to Combat Child Labour (NCCL) whose task was to prepare and follow up on the implementation of programmes aimed at combating child labour in collaboration with the ILO–IPEC, international organizations and NGOs, and that a Special Unit to Combat Child Labour had been constituted within the MOL. The Committee requested the Government to continue to provide information on national policy measures designed to ensure the effective elimination of child labour, and the results achieved.

The Committee notes the Government’s indication in its report that the National Committee to Combat Child Labour and the Child Labour Unit at the Ministry of Labour have carried out some activities resulting in: (i) the preparation of the 2015 study “Children living and working on the streets in Lebanon: Profile and Magnitude” in collaboration with the ILO, the MOL, UNICEF and other relevant bodies (2015 Study); (ii) the launch of a broad information campaign on the issue of child labour in a certain number of companies and in news bulletins; (iii) the preparation of a guiding manual on using Decree No. 8987 on the worst forms of child labour; (iv) the launch of the website on the Child Labour Unit at the Ministry of Labour (www.clu.gov.lb), and (v) the coordination with the ILO of the project “Tackling child labour among Syrian refugees and their host communities in Jordan and Lebanon” July 2015–March 2017. The Committee requests that the Government continue to provide information on the steps taken, within the framework of the NCCL to ensure the effective abolition of child labour.

Application of the Convention in practice. Referring to its previous comments with regard to the preparation of a survey on working children in Lebanon, the Committee takes note of the 2015 study “Children living and working on the streets in Lebanon: Profile and Magnitude”. The Committee also notes the Government’s indication that a training course on child labour in agriculture and its risks was organized in August 2015, with the collaboration of the ILO. The Committee requests that the Government provide information on the application of the Convention in practice, in particular statistical data on the employment of children and young persons by age group, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

Repetition

Article 2(1) of the Convention. Scope of application. In its earlier comments, the Committee noted that the Labour Code only applies to work performed under an employment relationship (by virtue of sections 1, 3 and 8 of the Code). The Committee recalled that the Convention applies to all branches of economic activity and covers all types of employment or work, whether they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not. The Committee also noted that under Chapter 2, section 15, of the draft amendments to the Labour Code, it seemed that the employment or work of young persons would also include non-traditional forms of employment relationship. The Committee therefore requested that the Government provide information on the progress made in relation to the adoption of the provisions of the draft amendments to the Labour Code.

The Committee notes an absence of information in the Government’s report on this point. Considering that the Government has been referring to the draft amendments to the Labour Code for a number of years, the Committee once again expresses the firm hope that the Government will take the necessary steps to ensure that the amendments to the Labour Code relating to self-employed children and children in the informal economy are adopted in the very near future. The Committee requests that the Government provide a copy of the new provisions, once adopted.

Article 2(2). Raising the minimum age for admission to employment or work. In its earlier comments, the Committee noted that, at the time of ratifying the Convention, Lebanon declared 14 years as the minimum age for admission to employment or work and that Act No. 536 of 24 July 1996, amending sections 21, 22 and 23 of the Labour Code, prohibits the employment of young persons before the age of 14. The Committee also noted the Government’s intention to raise the minimum age for admission to employment or work to 15 years of age and that the draft amendments to the Labour Code would include a provision in this regard (section 19). The Committee requested that the Government provide information on the progress made in the adoption of the provisions of the draft amendments to the Labour Code on the minimum age for employment or work.

The Committee notes the Government’s indication in its report that the Committee’s comments have been taken into account in the draft amendments to the Labour Code. The draft has also been submitted to the Council of Ministers for its examination. The Committee once again requests that the Government provide information on any progress made in the adoption of the provisions of the draft amendments to the Labour Code regarding the minimum age for employment or work.

Article 2(3). Compulsory education. In its earlier comments, the Committee noted that the age limit for compulsory education is 12 years of age (Act No. 686/1998 relating to free and compulsory education at the primary school level). The Committee also noted the Government’s indication that a draft law aimed at raising the minimum age of compulsory education to 15 years had been sent to the Council of Ministers for examination. The Committee requested that the Government indicate the progress made in this regard.

The Committee notes the Government’s indication that the Ministry of Labour took into account the Committee’s comments which were inserted in the draft amendments to the Labour Code. Moreover, the Committee notes that in its 2016 concluding observations, the UN Committee on Economic, Social and Cultural Rights is concerned at the number of children, especially refugee children, who are not in school or have quit school owing to the insufficient capacity of the educational infrastructure, the lack of documentation, and the pressure to work to support their families, among other reasons (E/C.12/LBN/CO/2, paragraph 62).

In this regard, the Committee recalls the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If the minimum age for admission to work or employment is lower than the school leaving age, children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see 2012 General Survey on the fundamental Conventions, paragraph 370). Noting the Government’s intention to raise the age of completion of compulsory schooling to 15 years, the Committee once again reminds the Government that pursuant to Article 2(3) of the Convention, the minimum age for admission to employment (currently 14 years) should not be lower than the age of completion of compulsory schooling. Therefore, the Committee urges once again the Government to intensify its efforts to raise the minimum age for admission to employment or work to 15 years, and to provide for compulsory education up until that age, within the framework of the adoption of the draft amendments to the Labour Code. The Committee requests that the Government provide a copy of the new provisions, once adopted.

Article 6. Vocational training and apprenticeship. In its earlier comments, the Committee noted that the Government had stated that the draft amendments to the Labour Code (section 16) had set the minimum age for vocational training under a contract at 14 years. The Committee expressed the firm hope that such a provision under the draft amendments would be adopted in the near future.

The Committee notes the Government’s indication that section 16 will be adopted along with the draft amendments to the Labour Code. The Government also indicates that the National Centre for Vocational Training is in charge of carrying out vocational training and apprenticeships. The Committee once again expresses the firm hope that section 16 of the draft amendments to the Labour Code, setting a minimum age of 14 years for entry into an apprenticeship, in conformity with Article 6 of the Convention, will be adopted in the very near future.

Article 7. Light work. In its earlier comments, the Committee noted that under section 19 of the draft amendments to the Labour Code, employment or work of young persons in light work may be authorized when they complete 13 years of age under certain conditions (except in different types of industrial work in which the employment or work of young persons under the age of 15 years is not authorized). The Committee also noted that light work activities would be determined by virtue of an Order from the Ministry of Labour. The Committee requested that the Government provide information on any progress made in this regard.

The Committee notes the Government’s indication that it has asked for light work to be included in the ongoing ILO–IPEC Project “Country level engagement and assistance to reduce child labour in Lebanon” (CLEAR Project) and that a few meetings have been held in this regard. The Government indicates that, once the CLEAR Project is launched, it will be able to prepare a statute on light work in accordance with the relevant international standards. The Committee once again requests that the Government take the necessary measures to ensure the formulation and adoption of a statute determining light work activities, including the number of hours during which, and the conditions in which, light work may be undertaken. It requests that the Government provide information on the progress achieved.

Repetition

Article 1 of the Convention. Formulation and implementation of education and training policies. The Government indicates that, to respond to the Lebanese labour market’s need for specialized labour, and to provide young people with the necessary skills and qualifications to enable them to enter the labour market, the National Vocational Training Centre (NVTC) is providing accelerated vocational training, in cooperation with the Ministry of Labour, the Association of Lebanese Industrialists, the General Confederation of Lebanese Workers and the public bodies and departments concerned. The NVTC offers accelerated regular training at its main centre in Dekwaneh, organizing specialized training courses of 600 hours’ duration twice a year, in automobile mechanics, electronics, heating and cooling, computers and cosmetology. In addition, the NVTC provides accelerated intensive training courses at various locations throughout the country, particularly in remote areas, through three mobile training facilities, each of which are equipped to provide training to between 15 and 20 male and female trainees at a time in the following trades: electrical installations, radio maintenance, automobile mechanics, leather industries (shoemaking). The Government adds that, upon completion of the NVTC training course, the participants receive a certificate enabling them to enter the labour market directly. The Committee notes the statistics provided by the Government indicating that a total of 934 persons (481 females and 453 males) received vocational training through the NVTC from 2006 to 2016. It further notes that female participants were primarily trained in cosmetology and computers (479 out of the 481 women trained), while male participants received training in other specializations, such as electronics, heating and cooling, automobile mechanics and computer maintenance. In this context, the Committee recalls its 2002 comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it noted that job segregation between men and women persisted and invited the Government to consider the possibility of undertaking positive action programmes with the aim of correcting de facto inequalities in employment and occupation as well as training. The Committee requests the Government to provide information on the measures taken or contemplated to provide vocational guidance and training to young men and women on an equal basis, including guidance to enable them to develop and use their capabilities in accordance with their own aspirations, account being taken of the needs of society (Article 1(5)). It also requests the Government to provide information on the activities of the National Vocational Training Centre, including updated statistics regarding the impact of the activities of the centre in relation to accelerated vocational training and mobile training in remote communities.

Effective coordination. With regard to measures taken or envisaged to ensure effective coordination between programmes established by the NVTC and the National Employment Agency, the Government indicates that a committee has been established consisting of representatives of the Ministry of Labour, the Directorate-General for Vocational and Technical Education and the National Employment Office, which is tasked with developing standardized curricula appropriate to labour market needs. The Committee requests the Government to provide detailed information concerning the consultations within the committee established to develop standardized curricula appropriate to labour market needs, including information on the content of the curricula once it is available.

National Plan of Education for All. In its previous comments, the Committee noted the National Plan of Education for All (2006–15), which focussed on training for young persons, their integration into the labour market and the prevention of the social marginalization of school dropouts. Recalling the Committee’s 2015 comments under the Employment Policy Convention, 1964 (No. 122), requesting information concerning the National Plan of Education for All (2006–15), the Committee requests the Government to provide information on the education and training programmes implemented under the Plan and the results achieved during the period 2006–15. The Committee further requests the Government to indicate whether a new National Plan has been developed and, if so, to provide a copy.

Article 3(1). Information for vocational guidance. The Government indicates that no information is available in relation to the vocational guidance system in the country. The Committee trusts that the Government will soon be in a position to provide information on the measures adopted or envisaged to ensure that comprehensive information and the broadest possible guidance are made available to all persons concerned.

Article 4. Lifelong learning. The Government provides no information regarding the manner in which effect is given to this provision of the Convention. The Committee therefore reiterates its request that the Government communicate information on the measures taken or contemplated to establish, maintain and improve a coordinated system of lifelong education and training to meet the vocational training needs of both young persons and adults, in accordance with Article 4 of the Convention and the guidance provided in the Human Resources Development Recommendation, 2004 (No. 195).

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the following Conventions together: Conventions Nos 115 (radiation protection), 120 (hygiene (commerce and offices)), 127 (maximum weight), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise and vibration), 170 (chemicals), 174 (prevention of major industrial accidents), and 176 (safety and health in mines).

Labour law reform through tripartite consultation and implementation of the 2017–20 Decent Work Country Programme (DWCP). The Committee previously noted the draft decree prepared by the Ministry of Labour (MoL) on the establishment of a tripartite OSH Committee empowered to examine ratified ILO Conventions and make proposals for their implementation. The Committee notes the information provided by the ILO Decent Work Technical Support Team and the Regional Office for Arab States, that a tripartite meeting took place with ILO support to discuss a new labour law reform. It also notes that the reform of the Labour Code and other labour legislation in consultation with the social partners, as well as the establishment of a Tripartite Consultative Committee on OSH (OSH Committee) are among the key outputs under the present DWCP. The Committee further notes the Government’s request for technical assistance from the Office towards full application of the ratified OSH Conventions. The Committee requests the Government, including with ILO technical assistance, to take into account the matters raised below in the context of the labour law reform process and the implementation of the DWCP. The Committee requests the Government to continue to provide information on the progress made in the establishment of a tripartite OSH Committee, including any legislative measures taken and its composition.

Application in practice and labour inspection. Noting the Government’s indication of unavailability of relevant occupational safety and health statistics, the Committee requests the Government to provide information on the application in practice of the Conventions below, including for example, relevant statistics on occupational accidents and diseases. With regard to the operation of the labour inspectorate, the Committee requests the Government to refer to its comments under Convention No. 81.

A. Protection from specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 9(2) of the Convention. Training and information. The Committee notes the Government’s indication, in reply to its previous request, that section 21 of Decree No. 11802 provides that every establishment that uses a source of ionizing radiation shall obtain a licence from the Ministry of Labour and that workers in an environment exposed to radiation shall be trained and informed. The Government states that OSH inspectors carefully implement section 21 where workers are exposed to sources of radiation.

Article 13(d). Required remedial action based on technical findings and medical advice. The Committee notes the Government’s indication, in response to its previous request, that section 38 of Decree No. 11802 gives effect to this Article. The Committee observes that section 38 refers to medical examinations, but does not refer to employers’ obligations to take remedial action following the medical examinations undertaken. The Committee reiterates its request to the Government to take measures to require employers to take remedial action based on technical findings and medical advice, in order to give effect to Article 13(d) of the Convention.

Maximum Weight Convention, 1967 (No. 127)

Articles 3, 4 and 7(2) of the Convention. Maximum weight of loads for specific categories of workers. The Committee previously requested the Government to provide information on any developments as regards the determination of maximum weight limits on loads that may be transported by workers under 18 years of age. The Committee takes note of the information provided by the Government, in reply to its previous comments, that under the terms of Annex 3 of Decree No. 11802, the maximum limits on loads which may be carried, pulled or pushed manually are specified: for male and female workers between the ages of 12–15 years as 10 and 7 kilograms respectively; for those between the ages of 15–17 years as 15 and 10 kilograms respectively; and for female workers over 18 years of age as 15 kilograms.

Article 5. Training of workers before their assignment with a view to preventing accidents. Consultation with the most representative organizations of employers and workers. Following its previous comments, the Committee requests the Government to provide information on the measures taken to ensure that workers assigned to the manual transport of loads receive adequate training with a view to protecting their health and preventing accidents.

Benzene Convention, 1971 (No. 136)

Article 4(1) of the Convention. Prohibition of the use of benzene. The Committee notes the Government’s reference, in reply to its previous request, to Chapter 4 of Decree No. 11802, concerning the protection against work hazards related to benzene and products containing benzene, as giving effect to Article 4(1). The Committee notes that pursuant to section 57 of Decree No. 11802, the MoL, in cooperation with other Ministries, shall publish two lists: one for dangerous chemical products, and the other for carcinogenic chemicals products, and that each list shall designate the materials whose use is absolutely banned as well as the products whose use is authorized subject to the approval of the MoL. The Committee requests the Government to provide a copy of the list published by the MoL pursuant to section 57 of Decree No. 11802, indicating the products containing benzene which are prohibited.

Article 13. Appropriate instructions on prevention measures. Following its previous comments, the Committee requests the Government to provide information on the measures taken to ensure that workers exposed to benzene or products containing benzene receive appropriate instructions on measures to safeguard health and prevent accidents.

Occupational Cancer Convention, 1974 (No. 139)

Article 1 of the Convention. Determination of carcinogenic substances and agents. The Committee previously requested information on the measures taken to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization of control. In this respect, it takes note of the Government’s indication that such measures will be envisaged once a national OSH Committee is established. The Committee urges the Government to provide detailed information on measures taken or envisaged to determine the dangerous carcinogenic substances to which occupational exposure shall be prohibited or made subject to authorization or control as required by Article 1 of the Convention, including measures taken by the OSH Committee, once established.

Article 2(1). Replacement of carcinogenic substances and agents by non-carcinogenic substances and agents. The Committee takes note of the information provided by the Government, in response to its previous request, that the Ministries of Health and Agriculture have worked together to ban the import of certain carcinogenic substances, through establishing a list of 36 pesticides whose use is categorized as “restricted”; a second list of pesticides previously withdrawn from Lebanon; and a third list of pesticides, including liquid pesticides whose use is permitted provided that the final product is tested for residues for the liquid used prior to being marketed for consumption by citizens. The Committee requests the Government to continue to provide information on the measures taken concerning the replacement of carcinogenic substances and agents by non-carcinogenic substances and agents.

Article 2(2). Limiting the number of workers exposed to carcinogenic substances. The Committee notes with concern the Government’s indication that no measures have been taken to reduce the number of workers exposed to carcinogenic substances or agents. The Committee once again requests the Government to provide information on the measures taken or envisaged to reduce the number of workers exposed to carcinogenic substances or agents, as well as information on measures taken to reduce the duration and degree of such exposure.

Article 3. Measures taken to protect workers against exposure and appropriate systems of records. Noting the Government’s reference to general protective measures, the Committee requests the Government provide information on the specific measures taken to protect workers against exposure to carcinogenic substances or agents at the workplace.

Articles 3, 4, 5 and 6(a). Protective measures, provision of information, medical examination and promotional campaigns concerning asbestos-related activities. The Committee previously noted the Government’s indication that there were several small companies using asbestos in the manufacture of brakes in accordance with the mandatory prevention programme applicable to asbestos-related activities. The Committee notes the Government’s indication, in reply to its previous request, that no companies use asbestos because of the prohibition of the use of asbestos and asbestos fibers. The Committee requests the Government to provide detailed information on the measures taken to prohibit the use of asbestos and asbestos fibers and their implementation, including information on how the relevant rules are applied in practice in relation to persons engaged in asbestos-related activities, medical examinations carried out, the keeping of medical records, and the provision of information on the dangers involved to workers who may have been exposed to asbestos.

Article 5. Medical examinations. With reference to its comments under Conventions Nos 115 and 136, the Committee notes the provisions in Decree No. 11802 related to medical examinations specifically for workers employed in work processes involving exposure to benzene and ionizing radiation. However, it also notes the Government’s statement that in general, medical examinations related to the application of Article 5 of the Convention are not available. The Committee urges the Government to take necessary measures to ensure that workers are provided with medical examinations during the period of employment and thereafter as necessary, in order to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 1(2) and (3) of the Convention. Exclusion of branches of economic activity, and consultations with the most representative organizations of employers and workers. The Committee previously noted Decree No. 1594 (2009), on the definition of branches of economic activity excluded from the scope of Convention No. 148. Section 1 of Decree No. 1594 states that domestic workers, the public service sector, security forces, the air transport sector, the maritime vessels not registered in Lebanon and non-industrial agricultural activities that are not registered in the commercial register shall be excluded from the Convention’s application. Section 2 further excludes, on a provisional basis, “categories 3, 4 and 5” of small and medium-sized industrial enterprises as defined in Decree No. 5243, 2001, on the condition that these enterprises be progressively covered. The Committee requests the Government to provide information on the extent to which effect has been given (or is proposed to be given) to the Convention in respect of the branches excluded pursuant to Decree No. 1594, including measures to progressively cover all small and medium-sized enterprises, as well as any measures taken in the context of the ongoing labour law reform. It also requests the Government to provide information on any consultations with the most representative organizations of employers and workers in that respect.

Article 5(3). Collaboration between employers and workers. The Committee requests the Government to indicate the measures taken to provide for collaboration between employers and workers in the application of the Convention, in accordance with Article 5(3).

Article 5(4). The right of representatives of the employer, and of the workers, to accompany inspectors. The Committee notes that, pursuant to section 6(a) of Decree No. 3273 on Labour Inspection, labour inspectors, in conducting an inspection visit, shall apprise the employer of their presence on the premises, unless they consider such information detrimental to the execution of their functions. Section 7 further provides that employers or their representatives shall provide all information requested by labour inspectors to facilitate their task and a labour inspector may summon the employer or his representative or any worker at the enterprise to his office for making inquiries, if he deems it necessary for the discharge of this duties. The Committee requests the Government to take measures to ensure that representatives of the employers and workers shall have the opportunity to accompany inspectors supervising the application of the measures giving effect to the Convention, unless this may be prejudicial to the performance of the inspector’s duties, as required under Article 5(4).

Article 6(2). Required cooperation between two or more employers engaged in the same workplace. The Committee once again requests the Government to take the necessary measures to give full effect to Article 6(2) of the Convention, including through the ongoing labour law reform, and provide information on any developments in this regard.

Article 7(2). The right of workers, or their representatives to present proposals, to obtain information and training and to appeal to appropriate bodies. The Committee notes section 59 of Decree No. 11802 concerning workers’ right to adequate and appropriate information of the risks related to their work, and of all legislative texts and instructions relating to security and professional hygiene standards. The Committee requests the Government to provide further information on the measures taken to ensure the right of workers or their representatives to present proposals, obtain information and training, and to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee previously noted the exposure limits for noise and air pollution established in Table 1 of Decree No. 11802, the annexes of Decision No. 1/8 of 30 January 2001, and Decision No. 52/1 of 29 July 1996. The Committee once again requests the Government to provide information on the specific provisions that establish criteria and exposure limits for determining the hazards of exposure to vibration. It also requests the Government to provide information on the measures taken to revise the criteria for determining the hazards of exposure to air pollution and noise in the working environment and, where appropriate, specifying exposure limits on the basis of these criteria.

Article 9. Technical measures applied to new plant and supplementary work related organizational measures. Working environment to be kept free from any hazard due to air pollution or vibration. The Committee once again asks the Government to provide information on the measures taken or envisaged, including in the course of the ongoing labour law reform, to ensure that the working environment is, as far as possible, kept free from any hazard due to air pollution and vibration, as required under Article 9 of the Convention.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee previously noted that section 19 of Decree No. 11802 requires an employer to do their best, within the limits of the existing laws and regulations, to transfer workers, where continuous work in current conditions may lead to damage of their health due to air pollution, noise and medically unacceptable vibration, to another suitable type of work, while preserving intact their salary, grade and professional level. Section 38 of the decree provides that on the basis of required medical examinations, a physician may decide whether a worker can resume work following an accident or occupational disease, or whether they should be provided with suitable alternative employment. The Committee once again asks the Government to provide information on the measures taken to maintain a workers’ income when they are medically unfit to continue their work, and when alternative employment is not available, in order to give fully effect to Article 11(3) of the Convention.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. The Committee once again requests the Government to indicate whether the use of any processes, substances, machinery and equipment, as specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority, and whether the competent authority, as appropriate, may authorize their use on prescribed conditions, or prohibit it.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee previously noted the Government’s indication that special institutions are responsible for research in the field of prevention and control of hazards in the working environment. The Committee once again asks the Government to provide information on the specific institutions responsible for such research, and to indicate research undertaken by these institutions with reference to Article 14.

Article 15. Appointment of a competent person to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment. The Committee previously noted that section 34 of Decree No. 11802 requires undertakings with more than 15 workers to engage a physician responsible for workers’ health. The Committee encourages the Government to provide information on any requirements for employers in undertakings with less than 15 workers to appoint a competent person, or use a competent outside service, to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Chemicals Convention, 1990 (No. 170)

Article 1 of the Convention. Scope of application. The Committee previously noted the exclusion of certain branches of economic activity from the application of the Labour Code (pursuant to its section 7). The Committee requests the Government to provide information on the manner in which it ensures that the overall protection afforded to workers in those branches of economic activity is not inferior to that which would result from the full application of the provisions of the Convention.

Articles 3 and 4. Consultations with the most representative organizations of employers and workers on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work. The Committee notes the Government’s statement that it is hoped that once the tripartite OSH Committee is established, it will formulate a coherent policy on safety in the use of chemicals at work. The Committee requests the Government to ensure that consultations with the most representative organizations of employers and workers are undertaken, including through the tripartite OSH Committee to be established under the DWCP, on the application of the Convention and the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work.

Articles 6, 8 and 9. Classification systems, chemical safety data sheets, and responsibilities of suppliers. The Committee requests the Government to provide information on the measures adopted or envisaged for the establishment of specific systems and criteria for the classification of all chemicals and to ensure employers are provided with safety data sheets, in conformity with Articles 6 and 8 of the Convention. The Committee also requests the Government to ensure that effect is given to Article 9 in respect of the responsibilities of suppliers, whether they are manufacturers, importers or distributors of chemicals.

Articles 7(1)–(3) and 10(1) and (3). Marking of all chemicals. The Committee notes the Government’s reference, in reply to its previous request, that sections 41, 42 and 43 of Decree No. 11802 deal with the labelling of chemicals used at work and hazardous chemicals. Section 41 provides that identification labels must be affixed to containers storing dangerous chemical substance in a language easily understood by the worker. Section 42 provides that employers must ensure that: (i) identification labels are on all containers of chemical products used at work; and (ii) written information on chemical safety is supplied to workers or their representatives. The Committee takes note of this information.

Articles 15(b) and (c), and 16. Responsibilities of employers. The Committee previously requested the Government to provide information on the specific measures to establish employers’ responsibilities to give effect to these provisions of the Convention. It duly notes the Government’s indication in response that sections 43–48 of Decree No. 11802 regulate the duties and responsibilities of employers, including training for workers as to handling chemicals, periodic medical examinations, and adherence to internationally recognized permissible limits. The Committee notes in this respect that section 42 requires employers to ensure that: (i) no chemical products are used until after sufficient information is obtained on the identity of these products, their specifications and the risks associated with their use; and (ii) a register is kept of any dangerous chemical product used on the premises and is of easy access to workers or their representatives. The Committee requests the Government to provide information on the measures taken, including in the context of the ongoing labour law reform, to require employers to establish, in discharging their responsibilities, cooperation as closely as possible with workers or their representatives with respect to safety in the use of chemicals at work in accordance with Article 16 of the Convention.

Article 13(2)(c). Employers’ responsibilities to make arrangements to deal with emergencies. Following its previous comments, the Committee takes note that section 50 of Decree No. 11802 requires, in relation to safety in the handling of chemical products, employers to provide all means of protection, as well as sufficient equipment, for fire-fighting, including alarm systems; to have emergency exits in case of fire; and to draw up a rescue plan.

Article 18(2). Right of removal. Referring to its previous comments, the Committee notes that, in accordance with section 58 of Decree No. 11802, workers may remove themselves from any place at work where they have reasonable justification to believe there is a serious risk to their safety or health, and to report such a development to their supervisor. The Committee takes note of this information.

Article 19. Responsibility of exporting States. The Committee previously noted the Government’s reference to section 52 of Decree No. 11802 which specifies that, if the use of chemicals, technologies and dangerous processes is prohibited in an exporting country, employers shall be required to obtain all the necessary information on their danger and use. . However, the Government does not specify the circumstances in which the country is exporting chemicals subjected to regulations for safety and health at work. The Committee once again requests the Government to provide further information on the measures taken or envisaged to ensure that in cases of export of chemicals subjected to regulations for reasons of safety and health at work, this fact and the reasons therefore are communicated to any importing country.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee previously noted that the information provided by the Government in its first and second reports related more generally to the management of polluting industries and the efforts to limit their environmental impact and did not specifically address the requirements of Articles 1, 4, 5, 7, 9, 15–19 in the Convention. It also noted that the information provided regarding the application of Articles 20–22 related more generally to the rights and duties of workers, and their representatives, in the management of their work and not to the specific rights and duties regulated in these Articles of the Convention. It noted an absence of information with respect to Articles 3, 10–12. Lastly, it noted the Government’s indication that measures to give effect to Articles 8, 13–14 would be undertaken by the tripartite OSH body, once established. Against this background, the Committee requested the Government to conduct a comprehensive review of the application of this Convention in consultation with the most representative organizations of employers and workers.

The Committee notes the Government’s statement that there has, to date, been no initiative to conduct a comprehensive review of the application of the Convention, in consultation with the most representative organizations of employers and workers with a view to formulating and implementing a coherent national policy. The Government indicates that it is interested in seeking technical assistance from the ILO in that respect. In addition, the Committee notes the information concerning the effect given to Article 19 of the Convention concerning suspension of operations (pursuant to section 6 of Decree No. 3273 on Labour Inspection) and Article 20(a)(b) and (e) concerning the rights and duties of workers (pursuant to sections 41, 42(b), 58 and 5) of Decree No. 11802). The Committee urges the Government to take measures to give effect to the Convention, including with ILO technical assistance, in the context of the ongoing labour law reform and the DWCP implementation. It requests the Government to provide information on the measures taken or envisaged in consultation with the social partners in that respect, including under the OSH Committee once established.

B. Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 5 of the Convention. Consultations on measures to give effect to the Convention. The Committee once again requests the Government to provide information on consultations held with the representative organizations of employers and workers concerned on measures to give effect to the Convention, including in the context of the OSH Committee, once established.

Safety and Health in Mines Convention, 1995 (No. 176)

Articles 3 and 4 of the Convention. National policy and measures for ensuring the application of the Convention. The Committee notes with concern the Government’s statement in response to its previous requests, that the Convention has not been applied in the country. In this respect, it recalls that the Government indicated, in its first report, that there are no underground mining activities in Lebanon, but that the Convention applies to quarries. The Committee requests the Government to take the necessary measures, including in the context of the OSH Committee, once established, towards full application of this Convention, and provide information on the outcome of tripartite deliberations.

Article 5(4)(c). Abandoned mines. In the absence of information provided by the Government in response to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to give effect to this provision of the Convention.

Articles 5(5), 7(a), 7(g), 10(a)–(b). Employers’ obligations. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to: Article 5(5) regarding the preparation and appropriate updating of plans of working before the start of operations; Article 7(a) regarding the design, construction and equipment of provision mines and quarries; Article 7(g) regarding the drawing up of operation plans and procedures in respect to zones susceptible to other particular hazards; Article 10(a) regarding the provision of training and retraining to workers; and Article 10(b) regarding the provision of adequate supervision and control of each shift.

Articles 7(i) and 8. Stoppage of work and emergency response plan. Further to its previous comments, the Committee once again requests the Government to provide information on measures taken or envisaged to ensure conformity with Articles 7(i) and 8 of the Convention, including in the context of the tripartite OSH Committee, once established.

Articles 5(2)(f), 13(2) and 15. Consultations and cooperation. Further to its previous comments, the Committee requests the Government to provide information on measures taken or envisaged, including in the context of the tripartite OSH Committee, once established, to ensure conformity with these provisions of the Convention, including, in particular, with respect to Articles 13 and 15 of the Convention, the manner in which workers elect their safety and health representatives, the manner in which workers’ representatives actually carry out their task and how it is ensured that they exercise their right without any discrimination or retaliation.

Article 10(d). Reporting and carrying out investigations when accidents have occurred. The Committee previously noted that no legislation appears to contain a requirement that employers carry out an investigation as regards all accidents and dangerous occurrences in accordance with Article 10(d) of the Convention. The Committee reiterates its request to the Government to provide information on measures taken in law and in practice to ensure full application of Article 10(d) of the Convention.

Article 12. Two or more employers undertake activities at the same workplace. The Committee previously noted the Government’s statement that a provision corresponding to Article 12 was included in the draft Labour Code that was under consideration. The Committee requests the Government to take the necessary measures to give effect to Article 12 of the Convention, including in the context of the current labour law reform.

Articles 13. Workers’ rights. The Committee previously noted the Government’s indication that Article 13 was not implemented in national legislation, but that these issues will be one of the issues to be considered by the tripartite OSH Committee, once established. The Committee requests the Government to take the necessary measures to give full effect to Article 13 concerning the rights and duties of workers and their representatives.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL) received in 2017.

Labour law reform and DWCP implementation. The Committee notes the ongoing labour law reform with the support of the ILO. The Committee further notes that the 2017–20 Decent Work Country Programme (DWCP) for Lebanon aims, among others, to improve regulatory frameworks, labour inspection and labour administration systems. The Committee requests the Government to take into account the matters raised below in the context of the ongoing labour law reform and the DWCP implementation, in order to ensure the full conformity with Conventions Nos 81 and 150.

Labour inspection: Convention No. 81

Articles 4, 5(a), 20 and 21 of the Convention. Organization and operation of the labour inspection system. Coordination and cooperation within labour inspection services and with other Government services. The Committee previously requested the Government to redouble its efforts to compile statistical data on the activities of the labour inspectorate as required under Article 20 of the Convention, emphasizing the crucial importance of providing the central inspection authority with data that are essential to the preparation of annual labour inspection reports. The Committee notes the Government’s indication in response that, pursuant to section 3 of the bill on the restructuring of the Ministry of Labour (MoL), the Department of Labour Inspection, Prevention and Safety (DoLIPS) will be placed under the central administration of the MoL, which makes available statistical information on the labour inspection activities in its annual reports. The Government indicates that the DoLIPS is empowered to request local governorates to provide statistical information. In this respect, the Committee welcomes the information from the annual labour inspection report, which also contains information on the activities of the departments of labour of the eight governorates. The Committee also takes note of the organizational chart of the MoL provided by the Government in response to its previous request. With reference to its comments below on the Labour Administration Convention, 1978 (No. 150), the Committee requests the Government to continue to provide information on the adoption of the bill on the restructuring of the Ministry of Labour. The Committee requests the Government to pursue its efforts to ensure that the annual labour inspection report contains full information from the Department of Labour Inspection, Prevention and Safety and the local Departments of Labour, including statistics on: staff of the labour inspection services (Article 21(b)); workplaces liable to inspection and the number of persons working therein (Article 21(c)); inspection visits undertaken (Article 21(d)); specific penalties imposed for violations (Article 21(e)); and occupational accidents and diseases (Article 21(f) and (g)).

Article 5(a). Effective cooperation between the inspection services and the judicial system. The Committee notes the Government’s indication, in reply to its previous request, that the workshop that had been proposed for promoting cooperation and an exchange of experience between the labour inspectorate and the judicial system has not been held. The Committee once again requests the Government to take measures to promote effective cooperation between the labour inspection services and the judicial system and to provide information on the impact of the measures taken.

Article 5(b). Collaboration between the labour inspectorate and employers and workers or their organizations. The Committee takes note of the observations of the CGTL regarding its collaboration with labour inspectors in terms of maintaining records and statistics related to working conditions and awareness raising. The Committee requests the Government to provide further information on collaboration between the labour inspectorate and employers and workers or their organizations.

Article 7(3). Continuous training for labour inspectors. The Committee previously requested the Government to continue to provide information on training organized for labour inspectors. It notes with concern the Government’s indication in response that no training has recently been conducted. However, the Committee takes note that the 2017–20 DWCP for Lebanon includes capacity-building activities for labour inspectors including OSH inspectors. The Committee requests the Government to provide information on the training provided to labour inspectors, including the capacity-building activities carried out in the implementation of the DWCP, including their content, frequency, number of participants and the results achieved.

Labour administration: Convention No. 150

The Committee notes the court rulings provided by the Government, in reply to its previous request concerning judicial decisions.

Articles 2, 4, 6(2)(a), and 9 of the Convention. Coordination with parastatal agencies engaged in labour administration activities, including the preparation of the national employment policy. With reference to its previous comments concerning the activities and the impact of the National Employment Office, the Committee refers to its comments on the Employment Policy Convention, 1964 (No.122).

Article 3. Matters of national labour policy regulated through direct negotiations between employers’ and workers’ organizations. The Committee takes note of the information provided by the Government, in response to its previous request, on the collective agreements concluded in the education and industrial sectors.

Articles 5. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. The Committee notes, in reply to its previous request, the copies of Decree No. 4206 of 1981 on the formation of the tripartite committee on the cost of living index as well as the Decision No. 64 of 2012 on the formation of the tripartite committee on sustainable dialogue. With regard to consultation at the national level, the Committee notes the observations made by the CGTL indicating the need to reform and activate the tripartite Social and Economic Council (SEC) under the terms of the Lebanese Constitution. The CGTL states that activating the SEC is essential to the implementation of the Convention. The Committee requests the Government to provide further information on the arrangements to secure, within the system of labour administration, consultation, co-operation and negotiation between the public authorities and the most representative organizations of employers and workers. In this respect, it requests the Government to provide information on the reform, composition and activities of the Social and Economic Council.

Article 7. Gradual extension of the functions of the system of labour administration. The Committee notes the recommendation of the Human Rights Committee of the United Nations International Covenant on Civil and Political Rights to expand labour law protection to cover domestic workers and to reform recruitment practices with a view to protecting against exploitation and abuse of these workers. The Committee notes the Government’s indication, in reply to its previous comments, that bills relating to agricultural workers and female domestic workers are under examination. The Committee requests the Government to provide information on the progress achieved with respect to these bills. The Committee also requests the Government to provide information on any measures taken in the context of the ongoing labour law reform to extend the coverage of the labour administration system to categories of workers not previously covered, such as those referred to in Article 7(a)–(d) of the Convention with a view to meeting the needs of the largest possible number of workers.

Article 10. Composition, status, conditions of service and material means and financial resources of the staff of the labour administration. The Committee takes note of the information provided by the Government, in reply to its previous request, on the distribution of the personnel within the central and regional structures of the MoL. It also notes the information on the budget allocated to the labour administration system, which covers salaries and allowances. The Committee takes note of this information.

Repetition

Articles 2 and 3 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. In reply to the Committee’s previous comments, the Government indicates that the study entitled “Measures to enable each person with disabilities to exercise a liberal profession or self-employment” could not be completed because of the economic, political and security situation in Lebanon. With regard to measures taken to promote the employment of persons with disabilities, the Committee recalls that sections 73 and 74 of the Act No. 220 of 29 May 2000 provide that three per cent of jobs shall be reserved for persons with disabilities in the public and private sectors (for enterprises that employ more than 60 individuals). In this regard, the Government indicates that the draft decree intended to give effect to section 74 of the Act No. 220/2000 has been forwarded to the Council of Ministers for promulgation. The Committee notes that the above-mentioned draft decree has been under consideration by the Council of Ministers since 2009. It further notes that, in its concluding observations of October 2016, the United Nations Economic and Social Council expressed concern that 80 per cent of persons with disabilities in Lebanon were not or had never been employed and that the employment quota introduced by Act No. 220/2000 was not enforced. While acknowledging the difficult situation prevailing in the country, the Committee requests the Government to provide information on the impact of the measures provided for in Act No. 220/2000 as well as on the manner in which compliance with the quota system established in the Act is ensured. It also requests the Government to communicate information on any developments regarding the status of the draft decree. The Government is further requested to transmit specific practical information on the application of the Convention, such as statistical data, extracts from reports and studies on matters covered by the Convention.

Article 4. Equality of opportunity and treatment. In reply to its previous comments, the Government indicates that Lebanese law forbids discrimination, that persons with disabilities who succeed in competitions for public posts through the Civil Service Board are given priority and that the competition hierarchy has been set aside to ensure the appointment of successful candidates with disabilities. To ensure equal access to employment for persons with disabilities, the Committee draws the Government’s attention to the measures contained in Paragraph 11 of the Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 (No. 168), which provides guidance for the establishment of positive measures. The Committee requests the Government to continue providing information on the positive measures adopted to ensure equal access to education and training to persons with disabilities, and to ensure the right of persons with disabilities to gain a living by work that they freely choose and accept.

Article 7. Services accessible to persons with disabilities. The Government indicates that the private sector associations and enterprises successfully employ persons with disabilities. Concerning the public sector, the Government indicates that it provides financial support to some protected jobs. The Committee requests the Government to provide information, including statistical data, on the measures implemented by the private and the public sectors to enable persons with disabilities to secure, retain and advance in employment. It also requests the Government to provide further information about the nature and scope of the protected jobs for persons with disabilities in the public sector.

Article 9. Suitably trained and qualified staff. In reply to the previous comments, the Government indicates that the Department of Disability Affairs within the Ministry of Social Affairs and the Persons with Disabilities Department within the National Employment Office are staffed by competent and experienced personnel, but that they currently lack the necessary financial resources due to the situation of Lebanon and the surrounding region. While acknowledging the complexity of the situation prevailing on the ground, the Committee requests the Government to provide information on the services available in terms of rehabilitation, vocational guidance, vocational training, placement and employment of persons with disabilities. It also requests the Government to provide information on the manner in which cooperation and coordination between the Department of Disability Affairs and the Persons with Disability Department is ensured.

Repetition

Article 3(1) of the Convention. Policy designed to improve the working conditions of hotel and restaurant workers. In its previous comments, the Committee had recalled that this Article of the Convention specifically requires the Government to adopt and apply a policy designed to improve working conditions of the workers concerned. The Committee notes that the Government’s report contains no information on this matter. Therefore, the Committee requests the Government to provide information on any measure adopted or envisaged in order to initiate the process for the formulation of a national policy on hotel and restaurant workers, as required by the Convention.

Article 3(2). Social security coverage. In its previous comments, the Committee had recalled that a large percentage of workers employed in hotels, restaurants and similar undertakings covered by the Convention are seasonal workers. The Committee had noted the Government’s indication that the social security coverage of seasonal and temporary workers under the Social Security Act was subject to ministerial decrees which had not so far been promulgated. The Committee hopes that the relevant ministerial decrees will be adopted in the near future and requests the Government to provide information on any development in this respect.

Article 4(2) and (3). Reasonable hours of work and overtime. Reasonable minimum daily rest period. In its previous comments, the Committee had observed that Decrees No. 104/1 of 11 March 1967 and No. 126/1 of 30 March 1974 set limits of hours of work that are unreasonably higher than the general standard of a 48-hour working week set out in section 31 of the Labour Code and also provided by the Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), both ratified by Lebanon. The Committee had also noted that the abovementioned Decrees merely prescribed a maximum daily rest break and not a reasonable minimum rest period. The Committee hopes that all necessary measures will be taken to amend the abovementioned Decrees as indicated and to provide information on any development in this respect.

Repetition

Article 5 of the Convention. Monitoring mechanisms. 1. Labour inspection. In its previous comments, the Committee noted the Government’s indication that the Ministry of Labour (MoL) is expected to take measures to enhance the role of the national monitoring bodies with regard to child labour. It requested the Government to provide information in this regard.

The Committee notes the Government’s indication in its report that the MoL has continued to hold meetings on the issue of child labour that resulted in the adoption of a certain number of measures, including: (i) the preparation of a quantitative survey on the worst forms of child labour; and (ii) the preparation of a guidebook on Decree No. 8987 on the worst forms of child labour. Referring to its comments made in relation to the Labour Inspection Convention, 1947 (No. 81), the Committee notes that labour inspector staff are undergoing continuous training, including courses on child labour. The Committee requests the Government to continue to provide information on the measures taken to strengthen the role of the law enforcement bodies in terms of monitoring, detecting and combating the worst forms of child labour.

2. National Committee to Combat Child Labour (NCCL). The Committee notes the Government’s indication that small committees were set up, outside of the NCCL, such as a small committee responsible for the issues concerning working children on the streets, and a small committee responsible for children working in agriculture. The Committee requests the Government to provide further information on the activities carried out by the NCCL as well as the above-mentioned small committees in terms of improving the monitoring of children working on the streets and in the agricultural sector.

Article 6. National plan of action on the elimination of child labour (NAP–WFCL). In its previous comments, the Committee requested the Government to take the necessary measures to ensure the adoption of the NAP–WFCL and to report on its implementation.

The Committee notes the Government’s indication that it is committed to implementing the NAP–WFCL with relevant stakeholders and officials through the elaboration and adoption of projects related to child labour. The Government refers in this regard to the ILO–DANIDA (Danish International Development Agency) project to combat rising child labour among Syrian refugees. The Committee requests the Government to provide detailed information on the measures taken to implement the NAP–WFCL and the results achieved in terms of combating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that a National Education Strategy (NES) was developed and completed in 2010. It noted that the NES focuses on five main priority objectives, including making education available on the basis of equal opportunity, and providing quality education that contributes to building a knowledge society. The Committee requested the Government to provide information on the implementation of the NES.

The Committee notes the Government’s indication that the comments of the Committee have been forwarded to the Ministry of Education and Higher Education, but that no reply has been received. The Committee also notes that according to the 2014 UNESCO Regional report on out-of-school Children, the dropout rate has risen for the last grade of primary education from 3.7 per cent in 2000 to 6.7 per cent in 2011. There is also a high level of dropouts at the level of lower secondary education (17 per cent), in comparison to the last grade of primary school (7 per cent). According to the report, economic constraints (transport and tuition fees) and insecurity contribute to the exclusion of many children from education. In light of the above, the Committee, recalls the importance of education as a major factor that contributes to preventing the engagement of children in the worst forms of child labour. The Committee requests the Government to take the necessary measures to ensure access to free basic education to all children, placing emphasis on increasing the school enrolment rates and decreasing the drop-out rates at the secondary level. The Committee once again requests the Government to provide information on the implementation of the NES, and updated statistical information on the results obtained, to the extent possible disaggregated by age and gender.

Clause (e). Special situation of girls. In its previous comments, the Committee noted that, within the framework of the NAP–WFCL and following the recommendations of the ILO–IPEC study “Domestic Child Labour in North Lebanon”, special attention would be afforded to girls. The Committee requested further information in this regard.

The Committee notes the Government’s indication that it is keen to formulate a special programme for girls to prevent them from engaging in the worst forms of child labour. The Committee requests the Government to indicate whether within the framework of the NAP–WFCL, specific measures have been adopted for girls, particularly for girl domestic workers, to ensure that they do not fall into the worst forms of child labour. The Committee also requests the Government to provide information on any special programme for girls that has been recently adopted in this regard.

Application of the Convention in practice. Survey of working children in Lebanon. The Committee notes the Government’s indication that a quantitative survey on the worst forms of child labour is being prepared by the Central Statistics Department, that and that upon completion a copy will be communicated to the Committee. The Committee requests the Government to provide information on any progress made in this regard and to provide a copy of the survey, once available.

Repetition

Articles 3, 7(1) and (2)(b) of the Convention. Worst forms of child labour, penalties and direct assistance for rehabilitation and social integration. Clause (a). All forms of slavery or practices similar to slavery. Trafficking. In its previous comments, the Committee noted the adoption of the Anti-Trafficking Act No. 164 (2011). The Committee requested the Government to provide information on the application of this Act, in practice.

The Committee notes the statistical information related to trafficking of children provided by the Government in its report. It notes that in 2014, five child victims of trafficking for labour exploitation (street begging), and one child victim of trafficking for sexual exploitation, were identified. According to the Government’s indication, all the child victims identified were referred to social and rehabilitation centres, such as the “Beit al Aman” shelter in collaboration with Caritas. The Government also indicates that in 2014 the Higher Council for Childhood drafted a sectorial Action Plan on Trafficking of Children that is still under consultations with the relevant stakeholders.

The Committee also notes that in its 2015 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) recommended the Government to provide mandatory gender-sensitive capacity-building for judges, prosecutors, the border police, the immigration authorities and other law enforcement officials to ensure the strict enforcement of Act No. 164 to combat trafficking by promptly prosecuting all cases of trafficking in women and girls (CEDAW/C/LBN/CO/4-5, paragraph 30(a)). The Committee requests the Government to take the necessary measures to ensure that the draft sectorial Action Plan on Trafficking of Children is adopted in the near future, and to provide information on any progress made in this regard. The Committee also requests the Government to continue to provide information on the application in practice of Act No. 164 of 2011, including statistical information on the number of investigations, prosecutions, convictions and penal sanctions applied for the offence of trafficking of children. Lastly, the Committee requests the Government to provide information on any measures adopted in order to prevent trafficking of children as well as measures taken to ensure that child victims of trafficking are provided with appropriate rehabilitation and reintegration services.

Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances and for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that under section 33(b) and (c) of the draft amendments to the Labour Code, the use, procuring or offering of a child for the production of pornography or for pornographic performances and for illicit activities is punishable under the Penal Code, in addition to the penalties imposed by the Labour Code. It also noted that section 3 of Annex No. 1 of Decree No. 8987 of 2012 on hazardous work prohibits such illicit activities for minors under the age of 18. The Committee noted the statistical information (disaggregated by gender and age) provided by the Government on the number of children found engaged in prostitution from 2010 to 2012.

The Committee notes the Government’s indication that the labour inspectorate is the body responsible for the supervision of the implementation of Decree No. 8987. The Committee notes with concern that according to the Government’s indication no cases related to the application of the Decree have been detected so far. The Committee urges the Government to take immediate and effective measures to ensure the application in practice of the provisions of Decree No. 8987 of 2012 prohibiting the engagement of children for prostitution or pornographic purposes or for illicit activities. The Committee requests the Government to provide statistical information on any prosecutions and convictions made with regard to the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances.

As for the draft amendments to the Labour Code, the Committee once again requests the Government to take the necessary measures without delay to ensure the adoption of the provisions prohibiting the use, procuring or offering of persons under the age of 18 for the production of pornography or for pornographic performances, and the use, procuring or offering of persons under the age of 18 for illicit activities, as well as of the provisions providing for the penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Refugee children. In its previous comments, the Committee requested the Government to provide information on the measures taken within the work programme of the National plan of action on the elimination of child labour (NAP–WFCL) for working Palestinian children to protect them from the worst forms of child labour.

The Committee notes the Government’s indication that no new measures have been taken due to the political and security situation in the country. The Committee also notes that according to the 2016 United Nations High Commissioner Job Refugees (UNHCR) report entitled “Missing out: Refugee Education in Crisis”, there are more than 380,000 refugee children between the ages of 5 and 17 registered in Lebanon. It is estimated that less than 50 per cent of primary school-age children have access to public primary schools and less than 4 per cent of young persons have access to public secondary schools. The report highlights that since 2013 the Government has introduced a two-shift system in public schools to encourage the enrolment of refugee children. About 150,000 children have entered this system. It also notes from the ILO report entitled “ILO response to the Syrian Refugee crisis in Jordan and Lebanon”, of March 2014, that many refugee children are working in hazardous conditions in the agricultural and urban informal sector, street peddling or begging. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take effective and time-bound measures to protect refugee children (in particular Syrian and Palestinian) from the worst forms of child labour and to provide the necessary and appropriate direct assistance for their removal and for their rehabilitation and social integration. It requests the Government to provide information on the number of refugee children who have benefited from any initiatives taken in this regard, to the extent possible disaggregated by age, gender and country of origin.

2. Children in street situations. The Committee notes the Government’s indication that the Ministry of Social Affairs has taken a series of measures to address the situation of street children, including: (i) undertaking activities to raise awareness through education, media and advertisement campaigns; (ii) training of a certain number of social protection actors/players working in child protection institutions; (iii) providing rehabilitation activities for a certain number of street children and their reintegration in their families; (iv) within the framework of the Poverty Reduction Strategy (2011–13) 36,575 families have been chosen to benefit from free basic social services, such as access to free compulsory public education as well as medical facilities. The Government also indicates that the 2010 draft “Strategy for Protection, Rehabilitation and Integration of Street Children” has not been implemented yet, but is in the process of being revised.

The Committee notes the 2015 study “Children Living and Working on the Streets in Lebanon: Profile and Magnitude” (ILO–UNICEF–Save the Children International) which provides detailed statistical information on the phenomenon of street-based children across 18 districts of Lebanon. The Committee also notes that the report comprises a certain number of recommendations, including: (i) enforcing relevant legislation; (ii) reintegrating street-based children into education and providing basic services; and (iii) intervening at the household-level to conduct prevention activities. The Committee further observes that despite street work being one of the most hazardous forms of child labour under Decree No. 8987 on hazardous forms of child labour (2012), it is still prevalent with a total of 1,510 children found to be living or working on the streets. Moreover, the Committee notes that in its 2016 concluding observations, the UN Committee on Economic, Social and Cultural Rights recommended that the Government raise resources so as to provide the necessary preventive and rehabilitative services to street children and enforce existing legislation aimed at combating child labour (E/C.12/LBN/CO/2, paragraph 45). Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee urges the Government to strengthen its efforts to protect these children, and to provide for their rehabilitation and social reintegration. The Committee also urges the Government to take the necessary measures to actively implement the 2010 draft strategy entitled “Strategy for Protection, Rehabilitation and Integration of Street Children”, once revised and report on the results achieved. Finally, the Committee requests the Government to provide information on the number of street children who have been provided with educational opportunities and social integration services.