Observación (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre el derecho de sindicación y de negociación colectiva, 1949 (núm. 98) - Líbano (Ratificación : 1977)

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The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL) transmitted with the Government’s report, which refer to matters addressed in the present comment.

2015 and 2016 observations of Education International. Wage increases in the education sector. The Committee previously requested the Government to clarify, in relation to the 2015 and 2016 observations of Education International, which concerned reported wage increases for teachers in the public and private sectors, whether such increases were the result of collective bargaining. The Committee notes the Government’s indication that the increase in wages mentioned in Act No. 46 of 21 August 2017 is the outcome of collective bargaining over several years. The Government further reports that in the public sector, wage increases have been approved over the past two years in the form of social assistance and are thus currently not included in the salary and that although relative increases to the value of educational and hospital grants were approved, they are insufficient. The Committee notes that the CGTL highlights in this regard that workers in State administration, who are not subject to the Public Sector Staff Act (applicable to employees in public administration) or the Labour Code but to Decree 5883/1994 would benefit from mainstreaming the provisions of the Labour Code and further reviewing the salaries and boosting the allowances owing to the economic crisis in the country. Welcoming the wage increases obtained as a result of collective bargaining and noting the Government’s indication that further improvements can be made for public sector teachers, the Committee encourages the Government to continue to promote and strengthen collective bargaining, in law and in practice, as an effective means of enhancing working conditions of teachers both in the private and public sectors.

Legislative amendments

Labour Code review. The Committee recalls that for many years, it has been emphasizing the need to revise a number of provisions of the Labour Code and the draft Labour Code submitted by the Government in 2004. The Committee notes the Government’s indication that, following several consultative meetings between employers and workers, a draft Labour Code was sent to the Cabinet of Ministers in April 2022 but has not yet been adopted due to the persistent change of governments. The Committee understands from the Government’s report that one of the objectives of the draft Labour Code is to address the issues raised by the Committee, as described below. The Committee also notes the observations of the CGTL, which indicates that the review of the Labour Code should be done in compliance with the Convention and points to the need to conduct genuine awareness-raising in this regard among the relevant stakeholders, as well as cooperation among the Government, the social partners and the relevant actors. The Committee requests the Government to provide information on any developments concerning the adoption of the draft Labour Code and expects the legislative reform to fully take into account the Committee’s previous and present comments. The Committee requests the Government to provide a full copy of the draft Labour Code.

Scope of application of the Convention. Domestic workers. The Committee recalled in its previous comments that domestic workers who work for private households are excluded from the scope of application of the Labour Code of 1946 (section 7(1)). The Committee notes with interest the Government’s indication that the draft Labour Code proposes to amend sections 7 and 8 to make foreign and Lebanese domestic workers alike subject to the provisions of the Labour Code. The Government further states that: (i) domestic workers have the right to address ill-treatment or conflicts with employers or recruitment agencies by filing complaints at the Ministry of Labour, either individually, through their embassy or with the assistance of civil society groups and non-governmental organizations; and (ii) if amicable settlements fail, legal recourse is available through competent courts, including Labour Arbitration Councils, which have issued various rulings, including compensation for losses, damages and unpaid wages. While taking note of the procedures to address violations of domestic workers’ individual rights, the Committee observes that the information provided by the Government does not refer to the possibility for domestic workers to join workers’ organizations and be represented by them. The Committee trusts that the new Labour Code, once adopted, will fully guarantee all the rights enshrined in the Convention to domestic workers, whether national or foreign workers, including the right to join organizations of their own choosing and to engage in collective bargaining. The Committee also requests the Government to take the necessary measures to promote the enjoyment of these rights by domestic workers in practice and to provide information in this regard, such as the names of relevant workers’ organizations and the number of collective agreements concluded.

Articles 4 and 6 of the Convention. Promotion of collective bargaining. The Committee notes the Government´s information that the new draft Labour Code: (i) aims to effectively assert the right to collective bargaining and to active social dialogue (section 3); (ii) stipulates that collective bargaining is a dialogue between workers’ and employer’s representatives, which regulates and improves working conditions, regulates relations between employers and workers and creates means and resources to secure fundamental principles and rights at work (section 195); (iii) defines a collective employment contract (section 107); and (iv) regulates the procedure for collective bargaining, including in relation to the scope, the parties, the location of bargaining and its mandatory aspects (section 106). The Committee further observes, on the basis of the provisions of the draft Labour Code provided by the Government that some aspects of the draft law may raise issues of compatibility with the Convention, in particular: (i) section 106(1) gives the labour authorities the power to approve the subject of collective bargaining previously agreed to by the parties (this should not be subject to the approval of the authorities); and (ii) section 110 establishes excessive requirements for the validation of collective agreements (a quorum of more than half of union members present at a meeting and the approval of two-thirds of those members, as previously reported by the ITUC). The Committee also observes certain issues relating to the extension of collective bargaining agreements. In particular, it is unclear whether agreement is required from the employers or their organizations and workers’ organizations in the establishments to which the agreements aim to be extended (section 118). The Committee further observes that under section 121, the collective contract follow-up committee (composed of the Director General of the Ministry of Labour, two representatives of workers and two representatives of employers), which is responsible for providing opinion on the extension of collective agreements, can engage in valid meetings if more than half of its members are present. The Committee understands that this could lead to situations where opinions are issued only by the Chairperson and representatives of either workers or employers. Furthermore, the Minister has broad powers to accept or refuse extension of a collective agreement after the opinion of the collective contract follow-up committee (opinion is only binding for refusal to extend) (section 118). In line with the above, the Committee requests the Government to engage in further consultations with the social partners to ensure that all provisions of the draft Labour Code, including those on collective bargaining, are in line with the Convention and reminds the Government that it may avail itself of ILO technical assistance in this regard. Recalling the importance granted to the involvement of workers and employers in the process of extension by Paragraph 5(2)(c) of the Collective Agreement Recommendation, 1951 (No. 91), the Committee requests the Government to provide clarification on the concerns raised in relation to the extension of collective agreements and to provide furtherinformation on the special provisions and penalties regulating violations of collective agreements, referred to by the Government (section 128 of the draft Labour Code).

Excessive restrictions on the right to collective bargaining. In its previous comment, the Committee recalled that the support of 50 per cent of Lebanese workers concerned, for collective bargaining to be considered as valid, stipulated in the draft Labour Code (a proposed reduction from 60 per cent), could 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. The Committee observes in this regard that section 108 of the draft Labour Code stipulates that the discussion, amendment or cancellation of a collective agreement (but not its renewal without change) require workers’ representatives to obtain the mandate of at least 51 per cent of members of the body and that the Minister of Labour shall determine the method for verifying the validity of the mandate. The Committee recalls that a workplace threshold of over 50 per cent of workers to be able to negotiate a collective labour agreement covering a workplace or an enterprise, is not conducive to harmonious industrial relations and does not promote collective bargaining in line with Article 4 of the Convention. For the same reason, as well as to respect the collective autonomy of the trade union organization, the Committee considers that the approval of a collective agreement by a two-thirds majority of the participants in a general meeting of the body, which brings together at least half of its members and associates, as stipulated in section 110, may constitute an obstacle to the right to organize and collective bargaining. The Committee therefore requests the Government to ensure that, if no union represents the required percentage to be declared the exclusive bargaining agent, collective bargaining rights should be granted to all unions in the unit, at least on behalf of their own members and that trade unions should subsequently be able to make decisions in line with their statutes.

Right to collective bargaining in the public sector and the public service. The Committee recalled, in its previous comment, that public sector workers not engaged in the administration of the State, governed by Decree No. 5883 of 1994, should be able to enjoy the right to collective bargaining and observed that the draft Labour Code proposed amendments to this effect. The Committee notes the Government’s indication that section 15 of the draft Labour Code establishes that all employers and workers at all establishments of all kinds, including workers and staff of municipalities and unions of municipalities (unless they are subject to special regulations) and staff working in public administrations and institutions who are not subject to special regulations (such as workers assigned to work by the administration itself) are subject to the provisions of the Labour Code. According to the Government, the different categories of workers will be eligible for the same protection and entitlements as those granted to other workers, while public servants are subject to their own system or to staff regulations for public administrations and institutions. It also notes that municipalities can provide their staff with a special status. While taking note of this information, the Committee recalls that only public servants engaged in the administration of the State can be excluded from the right to collective bargaining (Article 6 of the Convention). The Committee therefore requests the Government to clarify the exact categories of public servants or employees that are excluded from the scope of application of the draft Labour Code or who can be excluded therefrom as a result of being subject to specific regulations, and to indicate to what extent these workers have the right to organize and engage in collective bargaining under the different provisions regulating their status and working conditions.

Compulsory arbitration. In its previous comment, the Committee noted that, according to Decree No. 13896 of 3 January 2005, all public and private economic enterprises 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 pointed to the need to take the necessary measures to ensure that compulsory arbitration in the context of collective bargaining can only be imposed in line with the Convention, that is, 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 and in the event of an acute national crisis. The Committee notes that while the Government refers to an amendment of section 222 of the draft Labour Code of 2010 with regard to collective labour dispute resolution mechanisms, it does not clarify what the amendment is. The Government further points to section 182 of the draft Labour Code, which defines a collective labour dispute and section 183, which establishes that mediation and arbitration, as a means of settling collective labour disputes, shall be free and voluntary. While taking noting of these proposed amendments, the Committee observes that the Government does not inform about whether Decree No. 13896, which provides for compulsory arbitration, continues to be applicable to economic enterprises responsible for managing public services on behalf of or on the account of the State. The Committee therefore requests the Government to clarify the status of Decree No. 13896 and the amendment to section 222 of the draft Labour Code, reported by the Government, and trusts that any amendments made will take into account the above considerations in relation to collective bargaining.

Collective bargaining in practice. The Committee notes the Government’s indication that the last collective agreement adopted was an agreement between the Association of Banks in Lebanon and the Federation of Unions of Bank Employees in Lebanon. The Committee requests the Government once again to provide statistics on the number of collective agreements concluded and in force and to indicate the sectors and number of workers covered.

Observing that support took place at a previous stage of the elaboration of the draft Labour Code, the Committee recalls that the Government can continue to avail itself of the technical assistance of the Office in this respect.