Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes the information provided by the Government in its report. The Committee recalls its previous comments on the following points:

-- The absence of specific statutory provisions on protection against all acts of anti-union discrimination and on the protection of workers' and employers' organizations against acts of interference by each other (Articles 1 and 2 of the Convention). While noting in its previous report that workers and members of trade union committees were protected against dismissal for trade union activities (paragraphs (d) and (e) of section 50 of the Labour Code), the Committee had recalled that the protection provided for in Article 1 of the Convention covered not only dismissal but all other discriminatory measures both at the time of taking up employment and in the course of employment (transfers, demotions, disciplinary measures, deprivation of or limitations on wages or social benefits and other prejudicial acts). Furthermore, the Committee had requested the Government to adopt specific measures, coupled with effective and sufficiently dissuasive sanctions, to protect workers' organizations against acts of anti-union discrimination, as well as to protect workers' and employers' organizations against acts of interference by each other.

-- The requirement by virtue of sections 3 and 4 of Decree No. 17386/64 that employees' representatives must have the approval of at least 60 per cent of the Lebanese workers concerned to be able to negotiate and that a collective agreement must be approved by two-thirds of the general assembly of trade unions party to the agreement (Article 4 of the Convention). The Committee had considered that the percentages laid down in sections 3 and 4 of Decree No. 17386/64 were not such as to encourage the full development and utilization of machinery for voluntary collective bargaining, since under such a system, if no union covered more than 60 per cent of the workers, collective bargaining rights would be denied to the workers in the undertaking. It therefore had requested the Government to ensure that the percentages for negotiating and approving collective agreements were lowered to a reasonable level or eliminated altogether, so as to give full effect to Article 4 of the Convention.

-- Denial of the right to collective bargaining of workers in the public sector by virtue of Decree No. 17386/64 and Decree No. 5883 of 1994 (Salaried Workers' General Regulations), in so far as they are not engaged in the administration of the State (Article 6 of the Convention). The Committee had recalled that only public servants engaged in the administration of the State could be excluded from the scope of the Convention. It had therefore asked the Government to encourage and promote machinery for the voluntary negotiation of collective agreements between the State as employer and organizations of public servants other than those engaged in the administration of the State, as a means of settling their terms and conditions of employment. It had also asked the Government to take such steps, with regard to workers in public sector undertakings responsible for the management of public services, whose right to negotiate collectively is currently subject to compulsory arbitration under the terms of Decree No. 17386/64, as well as with regard to "salaried workers" in the public service who are currently covered by the provisions of Decree No. 5883 of 1994 and who do not enjoy the right to bargain collectively.

The Committee notes that in its report the Government mostly confines itself to repeating information it had already provided the previous year on the above points in order to deny the existence of the above violations of the Convention or, alternatively, to justify the existing legislation. The Committee nevertheless notes the Government's statement that in amending labour legislation, it will endeavour to take into consideration the Committee's comments with regard to protection against acts of interference as well as to the need to lower the percentages required in order to negotiate and approve collective agreements.

The Committee would remind the Government that the above discrepancies between national legislation and the Convention, which the Committee has commented on in detail for several years, constitute serious violations of the Convention which was ratified in 1977. The Committee notes the Government's statement that the Labour Code as well as the Law respecting collective labour agreements, mediation and arbitration (Decree No. 17386 of 3 September 1964) are currently in the process of being reviewed. The Committee therefore would once again request the Government to ensure that the necessary amendments are made to the labour legislation in the very near future so as to bring the latter into conformity with the requirements of the Convention. In preparing such amendments, the Committee would encourage the Government to take into consideration the Committee's previous detailed comments on discrepancies between national legislation and the Convention. The Committee requests the Government to keep it informed of any progress made in this regard in its next report, and reminds it that the ILO remains at its disposal for any assistance it may need in framing provisions and amendments to give effect to the Convention.

Finally, the Committee once again requests the Government to provide a copy of Legislative Decree No. 112 of 1959 (public service regulations) along with its next report.