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

Repetition

The Committee notes that the Labour Code has been under revision for several years with ILO technical assistance. The Committee hopes that the revision of the Labour Code will soon be completed and that a new Labour Code will be adopted in the very near future, and it requests the Government to provide information on any progress achieved in this respect. The Committee also notes the draft legislation on the restructuring of the Ministry of Labour and the copy of the letter dated 16 January 2005 by which the Minister of Labour submitted the draft legislation to the Council of Ministers with a view to launching the procedure for its adoption. The Committee requests the Government to indicate whether the draft legislation has been adopted and to provide a copy and, if it has not yet been adopted, to indicate the progress achieved in this respect.

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. The Committee notes the information provided by the Government on the reinforcement of the National Agency for Employment, which is a parastatal agency directed by an executive board of tripartite composition and entrusted with the preparation of the national employment policy. The Committee requests the Government to provide additional information on the activities of the National Agency for Employment and their impact accompanied, as appropriate, by the annual reports of the Agency, and to provide information on the measures adopted for the reinforcement of this Agency with ILO assistance. Furthermore, with reference to paragraphs 185–191 of its 1997 General Survey in relation to cooperation and negotiation bodies, the Committee requests the Government to indicate whether other labour administration activities are delegated to other parastatal agencies and the manner in which appropriate coordination of functions and responsibilities is ensured with these agencies.

Article 3. Labour administration issues regulated by having recourse to direct negotiations between employers’ and workers’ organizations. The Committee notes the collective agreement concluded between Lebanese banks and the union of workers in the sector. The Committee invites the Government to indicate the issues related to labour administration which are covered by this agreement and continue to provide information, where appropriate, on other collective agreements regulating labour administration issues through direct negotiations.

Article 4. Coordination of the duties and functions of the labour administration system. The Committee notes the information provided by the Government concerning the organizational chart of the labour administration system and the report on the activities of the Ministry of Labour for the period 2006–09. It notes the Government’s indications concerning the draft new organizational chart that is currently being discussed and tried with a view to modernizing the Ministry of Labour and improving its effectiveness. The Committee requests the Government to keep the Office informed of any progress achieved in this respect.

Article 5. Tripartite consultation, cooperation and negotiation within the labour administration system. The Government indicates that the existence of many national bodies, of which the executive boards are tripartite, and of national committees on which the social partners are represented, ensures tripartite consultation, cooperation and negotiation within the labour administration system. While noting this information, the Committee once again requests the Government to provide copies of the texts determining the organization and functioning of these bodies, as well as copies of reports or extracts of reports on their work, and to indicate the action taken as a result of the views expressed by these bodies on matters relating to labour administration. The Government is also requested to specify whether measures have been taken to secure tripartite consultation, cooperation and negotiation at the regional and local levels, and at the level of the various economic sectors, and to provide a copy of any relevant texts.

Article 7. Extension of the functions of the system of labour administration to categories of workers who are not employed persons in relation to their conditions of work and working life. The Committee notes the Government’s indication that draft legislation is being prepared on agricultural workers. In its previous comments, it also noted the Government’s indication that the new draft Labour Code provided for the adoption of decrees by the Council of Ministers to govern the conditions of work of workers engaged in family establishments. Finally, in its comments under the Minimum Age Convention, 1973 (No. 138), the Committee notes the Government’s indication that the new draft Labour Code contains provisions governing the employment or work of all young persons, including those who are not bound by an employment relationship. The Committee requests the Government to provide information on any developments in this respect, indicate the progress achieved with these draft texts and provide copies thereof.

Article 10. Composition, status, conditions of service and material means and financial resources of the staff of the labour administration. The Committee notes the information provided by the Government on the distribution of the personnel in the Ministry of Labour. It also requests the Government to provide information on the distribution of personnel in other structures of the labour administration, including at the regional level, as well as information on the proportion of the national budget allocated to the functioning of the labour administration system.

Judicial decisions. The Government indicates that court rulings are not available to it and that, in cases where conciliation fails, labour disputes are submitted to the Industrial Arbitration Board in the case of individual disputes and to the Arbitration Board in the case of collective disputes. The Committee requests the Government to take the necessary measures to obtain and provide statistics on the decisions handed down by these bodies, as well as extracts from the rulings.