Labour Inspection Convention, 1947 (No. 81) - Lebanon (RATIFICATION: 1962)

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The Committee notes with deep concern that the Government’s overdue reports on Conventions Nos 81 and 150 have not been received. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Conventions on the basis of the information at its disposal.

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

A.Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Labour law reform. The Committee notes the information provided by the ILO Decent Work Technical Support Team for Arab States that following efforts undertaken over the past few years towards a reform of the labour law, a new draft Labour Law has been elaborated and submitted to the Council of Ministers by the Ministry of Labour this year. The Committee requests that the Government provide information on provisions in the new draft Labour Law with relevance to the matters raised below and in the Committee’s Observation, as well as other significant changes in the provisions relating to labour inspection and the application of Convention No. 81. The Committee also requests the Government to indicate if further steps have been taken towards adoption of the draft Labour Law.

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 21 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 noted 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) would be placed under the central administration of the MoL, which makes available statistical information on the labour inspection activities in its annual reports. With reference to its comments below on the Labour Administration Convention, 1978 (No. 150), the Committee once again requests the Government to provide information on the adoption of the bill on the restructuring of the Ministry of Labour. In addition, the Committee requests the Government to pursue its efforts to submit annual labour inspection reports and ensure that they contain 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 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 previously noted the observations of the General Confederation of Lebanese Workers (CGTL) regarding its collaboration with labour inspectors in terms of maintaining records and statistics related to working conditions and awareness raising. The Committee once again requests the Government to provide 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 and noted with concern the Government’s indication in response that no training had recently been conducted. The Committee requests the Government to provide information on the training provided to labour inspectors, including their content, frequency, number of participants and the results achieved.

B.Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 2, 4, 6(2)(a), and 9 of the Convention. Coordination with para-statal 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 work of the National Employment Office, the Committee refers to its comments on the Employment Policy Convention, 1964 (No.122).

Article 5. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. The Committee previously noted the provisions in Decree No. 4206 of 1981 on the formation of the tripartite committee on the cost of living index as well as 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 previously noted the observations made by the CGTL regarding the need to reform and activate the tripartite Social and Economic Council (SEC) under the terms of the Lebanese Constitution, which the CGTL viewed as essential to the implementation of the Convention. In light of the current economic and financial crisis in the country, these observations appear to have gained additional importance. The Committee once again requests the Government to provide updated information on the arrangements to secure, within the system of labour administration, consultation, cooperation 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 previously noted the recommendation of the United Nations Human Rights Committee, which monitors the implementation of the International Covenant on Civil and Political Rights, to expand labour law protection to cover domestic workers, with a view to protecting against exploitation and abuse of these workers. The Committee had noted the Government’s previous indication that bills relating to agricultural workers and female domestic workers were under examination. The Committee notes that a new draft Labour Law has been elaborated in the meantime. The Committee requests the Government to provide information on progress achieved with respect to these bills or the inclusion of relevant provisions in the draft Labour Law. More broadly, the Committee requests that the Government provide information on any legal provisions 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.

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The Committee notes with deep concern that the Government’s overdue report on Convention No. 81 has not been received. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

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 also noted the Government’s reply in its report received in 2016 that the role of labour inspectors is limited to accessing union records, and only in cases where a union submits its final account or if a union council member files a complaint. The Committee nevertheless wishes to recall 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 or impartiality of inspectors in their relations with employers and workers. In this respect, the Committee had expressed reservations in its 2006 General Survey on labour inspection, paragraph 80, regarding an excessively close supervision by labour inspectors of the activities of trade unions and employers’ organizations, to the extent that it may amount to interference in these organizations’ legitimate activities. The Committee urges the Government once more to take the necessary steps to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspection, which is to provide for the protection of workers in accordance with Article 3(1) of the Convention. 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 interference in their legitimate activities and internal affairs.

2. Work permits for migrant workers. While noting information in the 2022 follow-up Labour Force Survey for Lebanon concerning a possible out-migration of migrant workers, particularly domestic workers, from Lebanon since 2018, the Committee also notes indications provided by the ILO Decent Work Technical Support Team that the system for monitoring work permits through the labour inspectorate has remained unchanged in its essence. The Committee requests the Government to take measures to ensure that the functions assigned to labour inspectors to monitor work permits do not interfere with the main objective of labour inspection 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 related to the issuance, renewal, and inspection of work permits, compared to activities aiming at 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 Memorandum No. 68/2 of 2009, which requires prior authorization in writing for all unscheduled inspection visits, although 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. The Committee also noted the Government’s indication in its report received in 2016 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 once more Article 12 of the Convention, which 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 urges 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.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

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.

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The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

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.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

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.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

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.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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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.

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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.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 4, 5(a), 10, 14, 16, 20 and 21 of the Convention. Coordination and operation of the labour inspection system. According to the Government’s report, the number of visits has increased significantly as a result of an increase in the number of inspectors, which has affected the application and dissemination of the national legislation on conditions of work. The Government states, however, that it is unable to count the number of inspection visits since the Ministry of Labour does not have a single inspection plan or just one inspection directorate. The Government also indicates that the Ministry of Labour is engaged in efforts to ensure that the annual inspection report contains statistics of the workplaces liable to inspection, and of visits, occupational accidents, infringements and penalties imposed. With regard to occupational accidents in particular, the Government provides no information in reply to the Committee’s comments regarding a plan to establish a special register of industrial accidents and occupational disease pursuant to Decrees Nos 11802/2004 and 14229 of 26 February 2005, allowing such data to be included in annual report, as provided in Decree No. 35/2 of 3 April 2009.

The Committee notes that, in the absence of the statistical data required by Article 20(b)–(g) of the Convention, it is not in a position to assess how far the Convention is applied. The Committee points out that, according to Article 4 of the Convention, the labour inspectorate should be placed under the control of a central authority, the aim being, as indicated in paragraph 140 of the General Survey on labour inspection of 2006, to facilitate the establishment and application of a single policy throughout the territory covered and to make it possible to use available resources in a rational way by, for example, eliminating duplication of efforts. Referring in this connection to its general observation of 2009, the Committee again emphasizes the crucial importance of the availability of a register of workplaces and enterprises liable to inspection, containing data on the number of categories of men and women workers employed therein. It recalls that, as well as providing the central inspection authority with data that are essential to the preparation of the annual report, the register of workplaces can be an important tool for assessing the effectiveness of external services and their personnel. The central authority can thus assess the relationship between the activities carried out and the resources available, especially for the development of a human resources policy that takes into account merit and motivation.

The Committee requests the Government to take all necessary measures to improve coordination of the labour inspection system by the central authority and to provide detailed information on this matter in its next report, including an organizational chart of the central and local inspectorates.

The Committee again asks the Government to provide information on the steps taken in cooperation with other government bodies and public institutions (tax administration, social security bodies, etc.) with a view to updating the register of workplaces liable to inspection and on the results obtained.

Furthermore, the Committee requests the Government to redouble its efforts to compile statistical data on the activities of the labour inspectorate (inspection visits) and their impact on the application of the legislation (reported infringements, technical advice and information, observations, warnings, legal proceedings initiated or recommended, imposition of penalties) and the number of occupational accidents and cases of occupational disease. In particular, it again asks the Government to provide information on progress made in the establishment of a register of occupational accidents and cases of occupational disease. It hopes that the Government will provide copies of any reports or documents, including the statistical data required by Article 20, that are relevant to an assessment of the application, in law and practice, of Articles 4, 10, 14 and 16 of the Convention.

The Committee notes the recommendations set out in the labour inspection audit conducted in 2010 at the Government’s request, and again asks the Government to provide information on the steps taken to seek technical assistance from the Office in connection with the matters raised above.

Article 5(a). Effective cooperation between the inspection services and the judicial system. In its previous report, the Government stated that a dialogue had been launched with the ILO Regional Office for the Arab countries with regard to the organization of a workshop aimed at promoting cooperation between the labour inspectorate and the judicial system. In the report currently under examination, the Government indicates that the Ministry of Labour is awaiting a reply from the Ministry of Justice to its communication in which it sought the organization of a workshop that would bring together the two parties, with a view to enhancing cooperation and the exchange of experiences. The Committee requests the Government to provide information on the follow-up to its application to the ILO, referred to in its previous report, and on the communication from the Ministry of Labour to the Ministry of Justice, and to indicate in particular whether the workshop envisaged was finally organized and, if so, to report on its impact on cooperation between the inspection services and judicial bodies, providing, inter alia, copies of any relevant documents, reports or decisions.

Article 7(3). Continuous training for labour inspectors. The Committee notes the information from the Government to the effect that the Ministry of Labour organized a workshop on labour administration for public administration inspectors, in coordination with the ILO. Furthermore, physician and engineer inspectors are undergoing continuous training that includes a course currently being held in coordination with the office of the Ministry of State in charge of the reform of the administration and a workshop on child labour organized in coordination with the non-governmental organization “War Child”. According to the Government, this training has had a positive effect on the volume and quality of inspection activities particularly as regards knowledge of the law and methods of dealing with employers and workers and obtaining voluntary compliance with the legislation. The Government adds that it would be important for inspectors to be familiar with the experiences of other countries. The Committee requests the Government to continue to provide information on the continuous training of labour inspection staff and to provide information on the impact of such training on the volume and quality of inspection activities, and on the results of the training.

Article 12(1) and (2). Right of inspectors to enter freely any workplace liable to inspection. In its previous comments the Committee noted with concern that Memorandum No. 68/2 of 2009 provides that all unscheduled inspection visits must be authorized in writing by the head of service, and accordingly asked the Government to have the text amended. The Committee notes that the Government has provided no information on this point. It again asks the Government to ensure that Memorandum No. 68/2 of 2009 is amended to ensure that labour inspectors are entitled to enter workplaces liable to inspection, in accordance with the relevant provisions of the Convention, and to supply relevant information together with copies of any texts or documents showing progress made in this regard.

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The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It is therefore bound to repeat its previous comments.

Repetition

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors in connection with union matters. For many years the Committee has been asking the Government to take steps to limit intervention by labour inspectors in the internal affairs of trade unions and confederations solely to cases of complaints which might be addressed to them by a significant number of members. The issue was raised by the Committee with regard to section 2(c) of Decree No. 3273 of 26 June 2000, under the terms of which 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. The Committee stated in a direct request of 2002 that such powers were tantamount to the right to interfere in the internal affairs of professional organizations. The Government then announced that an amendment to the Labour Code would settle the issue. However, Memorandum No. 35/2 of 12 April 2006 from the Director-General of the Ministry of Labour reproduced the criticized provision using identical wording.

Section 163(3) of the version of the draft Labour Code submitted to the ILO in 2007 for opinion stated that the Labour Inspection and Occupational Safety and Health Department of the Ministry of Labour would be responsible for monitoring the application of laws, decrees and regulations relating to terms and conditions of work and the protection of workers while engaged in their work, including the provisions of ratified international and Arab conventions and, more specifically “… (3) to conduct inquiries further to complaints relating to trade unions and confederations at all levels”.

In its 2009 report, the Government indicates that this provision is contained in section 161(3) of the current version of the draft Labour Code and will have the effect of removing any power from the labour inspectorate to monitor trade union affairs, as this power would be assigned to the trade union council. It explains that the powers of the labour inspectorate with regard to occupational organizations will therefore be limited to the examination of complaints submitted to it by the latter. Since the current wording of the text in no way lends itself to such an interpretation, it is essential, in order to avoid any ambiguity in this regard, for the drafting to be reviewed in the appropriate way. Noting that the draft amendments to the Labour Code have been under discussion for more than ten years, the Committee requests the Government, pending the definitive adoption of the Code, to contemplate cancelling, in the forms provided for by law in such matters, the provision of Memorandum No. 35/02 of 12 April 2006 of the Director-General of the Ministry of Labour under the terms of which labour inspectors retain the power to monitor trade union activities. The Committee requests the Government to provide information on the progress made in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Articles 4, 5(a), 10, 14, 16, 20 and 21 of the Convention. Coordination and operation of the labour inspection system. According to the Government’s report, the number of visits has increased significantly as a result of an increase in the number of inspectors, which has affected the application and dissemination of the national legislation on conditions of work. The Government states, however, that it is unable to count the number of inspection visits since the Ministry of Labour does not have a single inspection plan or just one inspection directorate. The Government also indicates that the Ministry of Labour is engaged in efforts to ensure that the annual inspection report contains statistics of the workplaces liable to inspection, and of visits, occupational accidents, infringements and penalties imposed. With regard to occupational accidents in particular, the Government provides no information in reply to the Committee’s comments regarding a plan to establish a special register of industrial accidents and occupational disease pursuant to Decrees Nos 11802/2004 and 14229 of 26 February 2005, allowing such data to be included in annual report, as provided in Decree No. 35/2 of 3 April 2009.

The Committee notes that, in the absence of the statistical data required by Article 20(b)–(g) of the Convention, it is not in a position to assess how far the Convention is applied. The Committee points out that, according to Article 4 of the Convention, the labour inspectorate should be placed under the control of a central authority, the aim being, as indicated in paragraph 140 of the General Survey on labour inspection of 2006, to facilitate the establishment and application of a single policy throughout the territory covered and to make it possible to use available resources in a rational way by, for example, eliminating duplication of efforts. Referring in this connection to its general observation of 2009, the Committee again emphasizes the crucial importance of the availability of a register of workplaces and enterprises liable to inspection, containing data on the number of categories of men and women workers employed therein. It recalls that, as well as providing the central inspection authority with data that are essential to the preparation of the annual report, the register of workplaces can be an important tool for assessing the effectiveness of external services and their personnel. The central authority can thus assess the relationship between the activities carried out and the resources available, especially for the development of a human resources policy that takes into account merit and motivation.

The Committee requests the Government to take all necessary measures to improve coordination of the labour inspection system by the central authority and to provide detailed information on this matter in its next report, including an organizational chart of the central and local inspectorates.

The Committee again asks the Government to provide information on the steps taken in cooperation with other government bodies and public institutions (tax administration, social security bodies, etc.) with a view to updating the register of workplaces liable to inspection and on the results obtained.

Furthermore, the Committee requests the Government to redouble its efforts to compile statistical data on the activities of the labour inspectorate (inspection visits) and their impact on the application of the legislation (reported infringements, technical advice and information, observations, warnings, legal proceedings initiated or recommended, imposition of penalties) and the number of occupational accidents and cases of occupational disease. In particular, it again asks the Government to keep the Office informed of progress made in the establishment of a register of occupational accidents and cases of occupational disease. It hopes that in its next report the Government will provide copies of any reports or documents, including the statistical data required by Article 20, that are relevant to an assessment of the application, in law and practice, of Articles 4, 10, 14 and 16 of the Convention.

The Committee notes the recommendations set out in the labour inspection audit conducted in 2010 at the Government’s request, and again asks the Government to provide information on the steps taken to seek technical assistance from the Office in connection with the matters raised above.

Article 5(a). Effective cooperation between the inspection services and the judicial system. In its previous report, the Government stated that a dialogue had been launched with the ILO Regional Office for the Arab countries with regard to the organization of a workshop aimed at promoting cooperation between the labour inspectorate and the judicial system. In the report currently under examination, the Government indicates that the Ministry of Labour is awaiting a reply from the Ministry of Justice to its communication in which it sought the organization of a workshop that would bring together the two parties, with a view to enhancing cooperation and the exchange of experiences. The Committee requests the Government to provide information on the follow-up to its application to the ILO, referred to in its previous report, and on the communication from the Ministry of Labour to the Ministry of Justice, and to indicate in particular whether the workshop envisaged was finally organized and, if so, to report on its impact on cooperation between the inspection services and judicial bodies, providing, inter alia, copies of any relevant documents, reports or decisions.

Articles 7(3). Continuous training for labour inspectors. The Committee notes the information from the Government to the effect that the Ministry of Labour organized a workshop on labour administration for public administration inspectors, in coordination with the ILO. Furthermore, physician and engineer inspectors are undergoing continuous training that includes a course currently being held in coordination with the office of the Ministry of State in charge of the reform of the administration and a workshop on child labour organized in coordination with the non-governmental organization “War Child”. According to the Government, this training has had a positive effect on the volume and quality of inspection activities particularly as regards knowledge of the law and methods of dealing with employers and workers and obtaining voluntary compliance with the legislation. The Government adds that it would be important for inspectors to be familiar with the experiences of other countries. The Committee requests the Government to continue to provide information on the continuous training of labour inspection staff and to keep the ILO informed of the impact of such training on the volume and quality of inspection activities, and on the results of the training.

Article 12(1) and (2). Right of inspectors to enter freely any workplace liable to inspection. In its previous comments the Committee noted with concern that Memorandum No. 68/2 of 2009 provides that all unscheduled inspection visits must be authorized in writing by the head of service, and accordingly asked the Government to have the text amended. The Committee notes that the Government has provided no information on this point. It again asks the Government to ensure that Memorandum No. 68/2 of 2009 is amended to ensure that labour inspectors are entitled to enter workplaces liable to inspection, in accordance with the relevant provisions of the Convention, and to supply relevant information in its next report, together with copies of any texts or documents showing progress made in this regard.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors in connection with union matters. For many years the Committee has been asking the Government to take steps to limit intervention by labour inspectors in the internal affairs of trade unions and confederations solely to cases of complaints which might be addressed to them by a significant number of members. The issue was raised by the Committee with regard to section 2(c) of Decree No. 3273 of 26 June 2000, under the terms of which 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. The Committee stated in a direct request of 2002 that such powers were tantamount to the right to interfere in the internal affairs of professional organizations. The Government then announced that an amendment to the Labour Code would settle the issue. However, Memorandum No. 35/2 of 12 April 2006 from the Director-General of the Ministry of Labour reproduced the criticized provision using identical wording.

Section 163(3) of the version of the draft Labour Code submitted to the ILO in 2007 for opinion stated that the Labour Inspection and Occupational Safety and Health Department of the Ministry of Labour would be responsible for monitoring the application of laws, decrees and regulations relating to terms and conditions of work and the protection of workers while engaged in their work, including the provisions of ratified international and Arab conventions and, more specifically … “(3) to conduct inquiries further to complaints relating to trade unions and confederations at all levels”.

In its 2009 report, the Government indicates that this provision is contained in section 161(3) of the current version of the draft Labour Code and will have the effect of removing any power from the labour inspectorate to monitor trade union affairs, as this power would be assigned to the trade union council. It explains that the powers of the labour inspectorate with regard to occupational organizations will therefore be limited to the examination of complaints submitted to it by the latter. Since the current wording of the text in no way lends itself to such an interpretation, it is essential, in order to avoid any ambiguity in this regard, for the drafting to be reviewed in the appropriate way. Noting that the draft amendments to the Labour Code have been under discussion for more than ten years, the Committee requests the Government, pending the definitive adoption of the Code, to contemplate cancelling, in the forms provided for by law in such matters, the provision of Memorandum No. 35/02 of 12 April 2006 of the Director-General of the Ministry of Labour under the terms of which labour inspectors retain the power to monitor trade union activities. The Committee requests the Government to provide information in its next report on the progress made in this respect.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee refers the Government to its observation and would be grateful if it would provide additional information on the following points.

Articles 4, 5(a), 10, 14, 16, 20 and 21 of the Convention. Coordination and operation of the labour inspection system. According to the Government’s report, the number of visits has increased significantly as a result of an increase in the number of inspectors, which has affected the application and dissemination of the national legislation on conditions of work. The Government states, however, that it is unable to count the number of inspection visits since the Ministry of Labour does not have a single inspection plan or just one inspection directorate. The Government also indicates that the Ministry of Labour is engaged in efforts to ensure that the annual inspection report contains statistics of the workplaces liable to inspection, and of visits, occupational accidents, infringements and penalties imposed. With regard to occupational accidents in particular, the Government provides no information in reply to the Committee’s comments regarding a plan to establish a special register of industrial accidents and occupational disease pursuant to Decrees Nos 11802/2004 and 14229 of 26 February 2005, allowing such data to be included in annual report, as provided in Decree No. 35/2 of 3 April 2009.

The Committee notes that, in the absence of the statistical data required by Article 20(b)–(g) of the Convention, it is not in a position to assess how far the Convention is applied. The Committee points out that, according to Article 4 of the Convention, the labour inspectorate should be placed under the control of a central authority, the aim being, as indicated in paragraph 140 of the General Survey on labour inspection of 2006, to facilitate the establishment and application of a single policy throughout the territory covered and to make it possible to use available resources in a rational way by, for example, eliminating duplication of efforts. Referring in this connection to its general observation of 2009, the Committee again emphasizes the crucial importance of the availability of a register of workplaces and enterprises liable to inspection, containing data on the number of categories of men and women workers employed therein. It recalls that, as well as providing the central inspection authority with data that are essential to the preparation of the annual report, the register of workplaces can be an important tool for assessing the effectiveness of external services and their personnel. The central authority can thus assess the relationship between the activities carried out and the resources available, especially for the development of a human resources policy that takes into account merit and motivation.

The Committee requests the Government to take all necessary measures to improve coordination of the labour inspection system by the central authority and to provide detailed information on this matter in its next report, including an organizational chart of the central and local inspectorates.

The Committee again asks the Government to provide information on the steps taken in cooperation with other government bodies and public institutions (tax administration, social security bodies, etc.) with a view to updating the register of workplaces liable to inspection and on the results obtained.

Furthermore, the Committee requests the Government to redouble its efforts to compile statistical data on the activities of the labour inspectorate (inspection visits) and their impact on the application of the legislation (reported infringements, technical advice and information, observations, warnings, legal proceedings initiated or recommended, imposition of penalties) and the number of occupational accidents and cases of occupational disease. In particular, it again asks the Government to keep the Office informed of progress made in the establishment of a register of occupational accidents and cases of occupational disease. It hopes that in its next report the Government will provide copies of any reports or documents, including the statistical data required by Article 20, that are relevant to an assessment of the application, in law and practice, of Articles 4, 10, 14 and 16 of the Convention.

The Committee notes the recommendations set out in the labour inspection audit conducted in 2010 at the Government’s request, and again asks the Government to provide information on the steps taken to seek technical assistance from the Office in connection with the matters raised above.

Article 5(a). Effective cooperation between the inspection services and the judicial system. In its previous report, the Government stated that a dialogue had been launched with the ILO Regional Office for the Arab countries with regard to the organization of a workshop aimed at promoting cooperation between the labour inspectorate and the judicial system. In the report currently under examination, the Government indicates that the Ministry of Labour is awaiting a reply from the Ministry of Justice to its communication in which it sought the organization of a workshop that would bring together the two parties, with a view to enhancing cooperation and the exchange of experiences. The Committee requests the Government to provide information on the follow-up to its application to the ILO, referred to in its previous report, and on the communication from the Ministry of Labour to the Ministry of Justice, and to indicate in particular whether the workshop envisaged was finally organized and, if so, to report on its impact on cooperation between the inspection services and judicial bodies, providing, inter alia, copies of any relevant documents, reports or decisions.

Articles 7(3). Continuous training for labour inspectors. The Committee notes the information from the Government to the effect that the Ministry of Labour organized a workshop on labour administration for public administration inspectors, in coordination with the ILO. Furthermore, physician and engineer inspectors are undergoing continuous training that includes a course currently being held in coordination with the office of the Ministry of State in charge of the reform of the administration and a workshop on child labour organized in coordination with the non-governmental organization “War Child”. According to the Government, this training has had a positive effect on the volume and quality of inspection activities particularly as regards knowledge of the law and methods of dealing with employers and workers and obtaining voluntary compliance with the legislation. The Government adds that it would be important for inspectors to be familiar with the experiences of other countries. The Committee requests the Government to continue to provide information on the continuous training of labour inspection staff and to keep the ILO informed of the impact of such training on the volume and quality of inspection activities, and on the results of the training.

Article 12(1) and (2). Right of inspectors to enter freely any workplace liable to inspection. In its previous comments the Committee noted with concern that Memorandum No. 68/2 of 2009 provides that all unscheduled inspection visits must be authorized in writing by the head of service, and accordingly asked the Government to have the text amended. The Committee notes that the Government has provided no information on this point. It again asks the Government to ensure that Memorandum No. 68/2 of 2009 is amended to ensure that labour inspectors are entitled to enter workplaces liable to inspection, in accordance with the relevant provisions of the Convention, and to supply relevant information in its next report, together with copies of any texts or documents showing progress made in this regard.

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The Committee notes the Government’s report, but observes that it contains only information on comments the Committee made in its previous direct request and does not reply to the comments made in its observation. It is therefore bound to repeat the latter, which read as follows:

Repetition

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors in connection with union matters. For many years the Committee has been asking the Government to take steps to limit intervention by labour inspectors in the internal affairs of trade unions and confederations solely to cases of complaints which might be addressed to them by a significant number of members. The issue was raised by the Committee with regard to section 2(c) of Decree No. 3273 of 26 June 2000, under the terms of which 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. The Committee stated in a direct request of 2002 that such powers were tantamount to the right to interfere in the internal affairs of professional organizations. The Government then announced that an amendment to the Labour Code would settle the issue. However, Memorandum No. 35/2 of 12 April 2006 from the Director-General of the Ministry of Labour reproduced the criticized provision using identical wording.

Section 163(3) of the version of the draft Labour Code submitted to the ILO in 2007 for opinion stated that the Labour Inspection and Occupational Safety and Health Department of the Ministry of Labour would be responsible for monitoring the application of laws, decrees and regulations relating to terms and conditions of work and the protection of workers while engaged in their work, including the provisions of ratified international and Arab conventions and, more specifically … “(3) to conduct inquiries further to complaints relating to trade unions and confederations at all levels”.

In its 2009 report, the Government indicates that this provision is contained in section 161(3) of the current version of the draft Labour Code and will have the effect of removing any power from the labour inspectorate to monitor trade union affairs, as this power would be assigned to the trade union council. It explains that the powers of the labour inspectorate with regard to occupational organizations will therefore be limited to the examination of complaints submitted to it by the latter. Since the current wording of the text in no way lends itself to such an interpretation, it is essential, in order to avoid any ambiguity in this regard, for the drafting to be reviewed in the appropriate way. Noting that the draft amendments to the Labour Code have been under discussion for more than ten years, the Committee requests the Government, pending the definitive adoption of the Code, to contemplate cancelling, in the forms provided for by law in such matters, the provision of Memorandum No. 35/02 of 12 April 2006 of the Director-General of the Ministry of Labour under the terms of which labour inspectors retain the power to monitor trade union activities. The Committee requests the Government to provide information in its next report on the progress made in this respect.

The Committee raises other matters in a request addressed directly to the Government.

The Committee hopes that the Government will do its utmost to take the necessary measures in the near future.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Also with reference to its observation, the Committee would be grateful if the Government would provide additional information on the following points.

Article 5(a) of the Convention. Effective cooperation between the inspection services and the judiciary. The Committee notes that, further to the recommendations formulated in its general observation of 2007, the Ministry of Labour has launched a dialogue with the ILO Regional Office for the Arab countries with regard to the organization of a workshop aimed at promoting cooperation between the labour inspectorate and the judiciary. The Committee hopes that such an initiative will have a rapid effect and that inspection activity aimed at ensuring compliance with the legislation relating to conditions of work will be supported by the competent judicial authorities through appropriate decisions regarding violations recorded in inspection reports. The Committee requests the Government to provide information in its next report on the action taken with regard to the planned workshop on the promotion of effective cooperation between the labour inspectorate and the judiciary bodies and also to supply copies of any relevant document.

Article 7(3). In-service training for labour inspectors. The Committee notes the information supplied in reply to its previous comments concerning the participation of 45 labour inspectors in training given by the Beirut Regional Office on the ILO Declaration on Fundamental Principles and Rights at Work and also on labour inspection, women’s work, labour administration and the Labour Code. It also notes that, in the context of labour inspection and occupational safety and health, 11 medical inspectors and 12 engineer inspectors took a one-month training course in July–August 2009 in the context of the joint ILO–United Nations Development Programme (UNDP) programme for the transfer of knowledge through expatriate nationals (TOKTEN), with specific reference to Lebanese experts. The Committee requests the Government to continue to supply detailed information on in-service training for labour inspection personnel and to keep the ILO informed of the impact of this training on the volume and quality of inspection activities and their results.

Articles 10 and 16. Changes in numbers of inspection staff and frequency of inspection visits. The Committee notes the substantial increase in labour inspection staff through the recruitment of seven doctors, nine engineers and ten labour inspectors, who are currently at the probationary stage. It also notes the communication of information on the gender distribution of inspection staff, including assistant inspectors (29 out of 92 inspectors are women). Noting that, according the Government, these staff members are distributed throughout the country in order to promote labour inspection and extend the scope of its action, the Committee requests the Government to supply information on the impact of the increase in the numbers of inspectors, on the number of inspections in workplaces covered by the Convention and on the level of application of the national legislation relating to conditions of work and the protection of workers while engaged in their work.

Article 12(1) and (2). Right of inspectors to enter freely any workplace liable to inspection. The Committee notes that, as asked in its direct request of 2007, labour inspectors are now authorized, under the terms of paragraph 6 of Memorandum No. 68/2 of 2009, to enter workplaces liable to inspection not only during the working hours of those workplaces but also at any hour of the day or night. It notes, however, with concern that this text also provides that any unscheduled inspection visit must be authorized in writing by the head of service, according to the terms of a mission order stating, inter alia, the objective and limits of the inspection and that the inspector is prohibited from exceeding these limits. The Committee would like to emphasize strongly that labour inspectors’ right of free entry, as prescribed by Article 12(1)(a), is subject only to the possession of proper credentials. In order to ensure the effectiveness of any inspection, and also to preserve the anonymity of persons making complaints where an inspection is made further to a complaint (Article 15(c)), the labour inspector should have the right to initiate inspections and, be able to decide freely the timing and extent of inspections, in accordance with the information held and the observations made on the spot. In accordance with Article 12(2), the inspector should also have the freedom, in relation to the same objective, to refrain from notifying the employer or his representative of his presence where he considers that such a notification may be prejudicial to the performance of his duties. The Committee therefore requests the Government to ensure that Memorandum No. 68/2 of 2009 is amended in order to ensure that labour inspectors have the right of entry to workplaces liable to inspection in conformity with the relevant provisions of the Convention and to supply relevant information in its next report, together with copies of any texts or documents describing progress made in this respect.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes the information supplied by the Government concerning the relevant legislation and the planned establishment of a special register relating to industrial accidents and cases of occupational disease under the terms of Decree No. 11802/2004 and Decree No. 14229 of 26 February 2005. It also notes that Decree No. 35/2 of 3 April 2009 provides for the inclusion of relevant data in the annual report on the work of the inspection services. The Committee requests the Government to keep the Office informed of all progress made in this respect.

Articles 20 and 21. Publication and communication of an annual report on the work of the inspection services. The Committee duly notes the Government’s request for technical assistance from the Office with regard to the creation of a register of workplaces liable to inspection and the workers employed therein. With reference to its general observation of 2009 on this Convention, the Committee can only re-emphasise the crucial importance of such a tool for the effective functioning of any labour inspection system. It hopes that the instruction in Memorandum No. 35/2 of 3 April 2009 requiring the inspection services to include information on the matters covered by in Article 21(b)–(d) of the Convention in inspection reports will have a rapid effect and that, pending the publication of an annual report, the relevant information will be communicated in the Government’s report. The Committee requests the Government to keep the Office informed of the steps taken to obtain technical assistance with regard to the establishment and updating of a register of workplaces liable to inspection and on the outcome of such measures.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors in connection with union matters. For many years the Committee has been asking the Government to take steps to limit intervention by labour inspectors in the internal affairs of trade unions and confederations solely to cases of complaints which might be addressed to them by a significant number of members. The issue was raised by the Committee with regard to section 2(c) of Decree No. 3273 of 26 June 2000, under the terms of which 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. The Committee stated in a direct request of 2002 that such powers were tantamount to the right to interfere in the internal affairs of professional organizations. The Government then announced that an amendment to the Labour Code would settle the issue. However, Memorandum No. 35/2 of 12 April 2006 from the Director-General of the Ministry of Labour reproduced the criticized provision using identical wording.

Section 163(3) of the version of the draft Labour Code submitted to the ILO in 2007 for opinion stated that the Labour Inspection and Occupational Safety and Health Department of the Ministry of Labour would be responsible for monitoring the application of laws, decrees and regulations relating to terms and conditions of work and the protection of workers while engaged in their work, including the provisions of ratified international and Arab conventions and, more specifically … “(3) to conduct inquiries further to complaints relating to trade unions and confederations at all levels”.

In its 2009 report, the Government indicates that this provision is contained in section 161(3) of the current version of the draft Labour Code and will have the effect of removing any power from the labour inspectorate to monitor trade union affairs, as this power would be assigned to the trade union council. It explains that the powers of the labour inspectorate with regard to occupational organizations will therefore be limited to the examination of complaints submitted to it by the latter. Since the current wording of the text in no way lends itself to such an interpretation, it is essential, in order to avoid any ambiguity in this regard, for the drafting to be reviewed in the appropriate way. Noting that the draft amendments to the Labour Code have been under discussion for more than ten years, the Committee requests the Government, pending the definitive adoption of the Code, to contemplate cancelling, in the forms provided for by law in such matters, the provision of Memorandum No. 35/02 of 12 April 2006 of the Director-General of the Ministry of Labour under the terms of which labour inspectors retain the power to monitor trade union activities. The Committee requests the Government to provide information in its next report on the progress made in this respect.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Also with reference to its observation, the Committee would be grateful if the Government would provide additional information on the following points.

Article 5(a) of the Convention. Effective cooperation between the inspection services and the judiciary. The Committee notes with interest that, further to the recommendations formulated in its general observation of 2007, the Ministry of Labour has launched a dialogue with the ILO Regional Office for the Arab countries with regard to the organization of a workshop aimed at promoting cooperation between the labour inspectorate and the judiciary. The Committee hopes that such an initiative will have a rapid effect and that inspection activity aimed at ensuring compliance with the legislation relating to conditions of work will be supported by the competent judicial authorities through appropriate decisions regarding violations recorded in inspection reports. The Committee requests the Government to provide information in its next report on the action taken with regard to the planned workshop on the promotion of effective cooperation between the labour inspectorate and the judiciary bodies and also to supply copies of any relevant document.

Article 7(3). In-service training for labour inspectors. The Committee notes with interest the information supplied in reply to its previous comments concerning the participation of 45 labour inspectors in training given by the Beirut Regional Office on the ILO Declaration on Fundamental Principles and Rights at Work and also on labour inspection, women’s work, labour administration and the Labour Code. It also notes with interest that, in the context of labour inspection and occupational safety and health, 11 medical inspectors and 12 engineer inspectors took a one-month training course in July–August 2009 in the context of the joint ILO–United Nations Development Programme (UNDP) programme for the transfer of knowledge through expatriate nationals (TOKTEN), with specific reference to Lebanese experts. The Committee requests the Government to continue to supply detailed information on in-service training for labour inspection personnel and to keep the ILO informed of the impact of this training on the volume and quality of inspection activities and their results.

Articles 10 and 16. Changes in numbers of inspection staff and frequency of inspection visits. The Committee notes with interest the substantial increase in labour inspection staff through the recruitment of seven doctors, nine engineers and ten labour inspectors, who are currently at the probationary stage. It also notes with interest the communication of information on the gender distribution of inspection staff, including assistant inspectors (29 out of 92 inspectors are women). Noting that, according the Government, these staff members are distributed throughout the country in order to promote labour inspection and extend the scope of its action, the Committee requests the Government to supply information on the impact of the increase in the numbers of inspectors, on the number of inspections in workplaces covered by the Convention and on the level of application of the national legislation relating to conditions of work and the protection of workers while engaged in their work.

Article 12(1) and (2). Right of inspectors to enter freely any workplace liable to inspection. The Committee notes with interest that, as asked in its direct request of 2007, labour inspectors are now authorized, under the terms of paragraph 6 of Memorandum No. 68/2 of 2009, to enter workplaces liable to inspection not only during the working hours of those workplaces but also at any hour of the day or night. It notes, however, with concern that this text also provides that any unscheduled inspection visit must be authorized in writing by the head of service, according to the terms of a mission order stating, inter alia, the objective and limits of the inspection and that the inspector is prohibited from exceeding these limits. The Committee would like to emphasize strongly that labour inspectors’ right of free entry, as prescribed by Article 12(1)(a), is subject only to the possession of proper credentials. In order to ensure the effectiveness of any inspection, and also to preserve the anonymity of persons making complaints where an inspection is made further to a complaint (Article 15(c)), the labour inspector should have the right to initiate inspections and, be able to decide freely the timing and extent of inspections, in accordance with the information held and the observations made on the spot. In accordance with Article 12(2), the inspector should also have the freedom, in relation to the same objective, to refrain from notifying the employer or his representative of his presence where he considers that such a notification may be prejudicial to the performance of his duties. The Committee therefore requests the Government to ensure that Memorandum No. 68/2 of 2009 is amended in order to ensure that labour inspectors have the right of entry to workplaces liable to inspection in conformity with the relevant provisions of the Convention and to supply relevant information in its next report, together with copies of any texts or documents describing progress made in this respect.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes with interest the information supplied by the Government concerning the relevant legislation and the planned establishment of a special register relating to industrial accidents and cases of occupational disease under the terms of Decree No. 11802/2004 and Decree No. 14229 of 26 February 2005. It also notes that Decree No. 35/2 of 3 April 2009 provides for the inclusion of relevant data in the annual report on the work of the inspection services. The Committee requests the Government to keep the Office informed of all progress made in this respect.

Articles 20 and 21. Publication and communication of an annual report on the work of the inspection services. The Committee duly notes the Government’s request for technical assistance from the Office with regard to the creation of a register of workplaces liable to inspection and the workers employed therein. With reference to its general observation of 2009 on this Convention, the Committee can only re-emphasise the crucial importance of such a tool for the effective functioning of any labour inspection system. It hopes that the instruction in Memorandum No. 35/2 of 3 April 2009 requiring the inspection services to include information on the matters covered by in Article 21(b)–(d) of the Convention in inspection reports will have a rapid effect and that, pending the publication of an annual report, the relevant information will be communicated in the Government’s report. The Committee requests the Government to keep the Office informed of the steps taken to obtain technical assistance with regard to the establishment and updating of a register of workplaces liable to inspection and on the outcome of such measures.

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The Committee notes the Government’s report and the attached documents received at the ILO on 28 October 2009.

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors in connection with union matters. For many years the Committee has been asking the Government to take steps to limit intervention by labour inspectors in the internal affairs of trade unions and confederations solely to cases of complaints which might be addressed to them by a significant number of members. The issue was raised by the Committee with regard to section 2(c) of Decree No. 3273 of 26 June 2000, under the terms of which 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. The Committee stated in a direct request of 2002 that such powers were tantamount to the right to interfere in the internal affairs of professional organizations. The Government then announced that an amendment to the Labour Code would settle the issue. However, Memorandum No. 35/2 of 12 April 2006 from the Director-General of the Ministry of Labour reproduced the criticized provision using identical wording.

Section 163(3) of the version of the draft Labour Code submitted to the ILO in 2007 for opinion stated that the Labour Inspection and Occupational Safety and Health Department of the Ministry of Labour would be responsible for monitoring the application of laws, decrees and regulations relating to terms and conditions of work and the protection of workers while engaged in their work, including the provisions of ratified international and Arab conventions and, more specifically … “(3) to conduct inquiries further to complaints relating to trade unions and confederations at all levels”.

In its 2009 report, the Government indicates that this provision is contained in section 161(3) of the current version of the draft Labour Code and will have the effect of removing any power from the labour inspectorate to monitor trade union affairs, as this power would be assigned to the trade union council. It explains that the powers of the labour inspectorate with regard to occupational organizations will therefore be limited to the examination of complaints submitted to it by the latter. Since the current wording of the text in no way lends itself to such an interpretation, it is essential, in order to avoid any ambiguity in this regard, for the drafting to be reviewed in the appropriate way. Noting that the draft amendments to the Labour Code have been under discussion for more than ten years, the Committee requests the Government, pending the definitive adoption of the Code, to contemplate cancelling, in the forms provided for by law in such matters, the provision of Memorandum No. 35/02 of 12 April 2006 of the Director-General of the Ministry of Labour under the terms of which labour inspectors retain the power to monitor trade union activities. The Committee requests the Government to provide information in its next report on the progress made in this respect.

The Committee is raising other points in a request addressed directly to the Government.

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With reference to its observation, the Committee notes with interest the numerous provisions of Instruction No. 35/2 of 12 April 2006 establishing the professional rules and functions, rights and duties of labour inspectors and deputy inspectors in accordance with the numerous provisions of the Convention. It nevertheless draws the Government’s attention to the need for modifications on the following points.

Article 3, paragraph 2, of the Convention. Additional function of supervision in relation to the operation and activities of occupational organizations. Instruction No. 35/2 of 12 April 2006 reproduces the wording of section 2(c) of Order No. 3273 of 26 June 2000 which, as the Committee indicated in its comment in 2004, confers upon labour inspectors a function which appears to be closer to inference by the administrative authorities in the affairs of occupational organizations than a function of supervision of the application of the legislation relating to conditions of work and the protection of workers. The Committee therefore expressed the hope that the Government would rapidly take measures to adopt legal provisions to limit the intervention of labour inspectors in the internal affairs of occupational organizations to cases of irregularities or violations of the legislation denounced by a significant number of trade union members. In paragraph 80 of its General Survey of 2006 on labour inspection, the Committee emphasized the risk which arises from broad powers of control by inspectors in relation to occupational organizations. The Committee is therefore bound to request the Government once again to take measures to limit the scope of inspection in relation to trade union affairs to cases of irregularities or violations of the legislation denounced by a significant number of trade union members.

Article 12, paragraph 1(a). Harmonization of the regulations respecting the right of labour inspectors to enter freely workplaces liable to inspection. The Committee notes that the Instruction referred to above is in contradiction with Decree No. 16051 of 29 December 2005 in that it does not extend the right of inspectors to enter freely workplaces liable to inspection beyond the normal hours of work of establishments and enterprises liable to inspection. It trusts that this consists of an omission and that the Government will not fail to take the necessary measures to supplement Instruction No. 35/2 of 12 April 2006 in the very near future to bring it into conformity with Decree No. 16051 referred to above on the matter raised in the observation.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes that industrial accidents and cases of occupational disease are not notified to labour inspectors, as required by Article 14, whereas such information is indispensable to enable them to discharge their preventive function as effectively as possible in relation to employers and workers, and for the central inspection authority to compile the relevant statistics with a view to the development of an appropriate prevention policy. It requests the Government to take legislative and practical measures to determine the cases and manner in which labour inspectors shall be notified of industrial accidents and cases of occupational disease.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the work of the inspection services. While noting the information provided by the Government in its reports on the work of the inspection services during the periods covered, the Committee once again requests the Government to ensure that an annual report on the work of the inspection services is published in the near future, in accordance with Article 20, and that it contains information on each of the subjects covered by Article 21, if possible in detail, as advocated by Part IV of the Labour Inspection Recommendation, 1947 (No. 81).

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The Committee notes the Government’s reports, received respectively in September 2005 and October 2007, the information provided in reply to its previous comments and the texts adopted during the periods covered.

1. Article 12, paragraph 1(a), of the Convention. Right of labour inspectors to enter freely any workplace liable to inspection. Further to its previous comments in which it drew the Government’s attention to the need to establish the right of inspectors to enter freely workplaces liable to inspection at any hour of the day or night, without taking into consideration statutory working hours, the Committee notes with satisfaction that, further to its request, Decree No. 3273 of 26 June 2000 has been amended in this respect by Decree No. 16051 of 29 December 2005. Under section 1 of the new Decree, labour inspectors are now authorized, in accordance with Article 12, paragraph 1(a), of the Convention, to enter freely and without previous notice any enterprise or establishment liable to inspection during and outside normal working hours.

2. Article 7. Training of labour inspectors. The Committee notes with interest that it is planned to organize in the National Management Institute a course intended for labour inspection staff covering all the ratified international Conventions and the measures necessary for their application. The Government is requested to provide detailed information on the implementation of this initiative, on the content of the planned training programmes, the frequency at which they are to be held and the number of participants.

3. Article 10. Strengthening the numbers of men and women labour inspectors. Noting the Government’s announcement of an increase in the labour inspection staff, including those responsible for prevention and safety, with a view to being able to discharge the functions assigned to them, the Committee would be grateful to be provided with information on the number and various categories of men and women inspectors who are currently active, their geographical distribution and the new posts envisaged in the budget.

The Committee is addressing a request directly to the Government on certain points.

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The Committee notes the Government’s report, the information provided in reply to its previous comments and the attached documentation. It draws the Government’s attention to the following points.

1. Article 3, paragraph 2, of the Convention. Intervention of labour inspectors in the premises and activities of occupational organizations. The Committee notes the Government’s statement that it considers that the systematic exercise of a power of control over the activities and internal management of occupational organizations of employers and workers is legitimate and justified, with the objective of this interference being to ensure that the occupational organizations do not exceed the limits set by the relevant laws, regulations, procedures and statutes. The Government even considers that the exercise of this power by labour inspectors contributes to the maintenance of the necessary climate of confidence in relations between inspectors and occupational organizations. In the view of the Committee, the provisions of section 2(c) of Decree No. 3273 of 26 June 2000 confer upon labour inspectors a function which appears to be closer to interference by the administrative authorities in the affairs of occupational organizations than a function of supervision of the application of the legislation relating to conditions of work and the protection of workers. The Committee has considered on many occasions that the supervisory activities of the labour inspectorate in the internal affairs of occupational organizations should be limited to cases of irregularities or violations of the legislation denounced by a significant number of trade union members. The Committee hopes that the Government will rapidly take measures to adopt legal provisions to limit, in an appropriate manner, the intervention of labour inspectors in the internal affairs of occupational organizations and that it will keep the Office informed thereof.

2. Article 12, paragraph 1(a). Right of labour inspectors to enter freely workplaces liable to inspection during or outside normal working hours. Noting the information provided by the Government on this subject, the Committee once again draws the Government’s attention to the need to establish the right of inspectors to enter freely workplaces liable to inspection at any hour of the day or night, without taking into consideration statutory working hours. Recognition of such an extensive right for inspectors does not in any way have the effect of harassing the employer or imposing a draconian work regime on inspectors. As it indicated in its General Survey of 1985 on labour inspection (paragraph 161), the Committee once again reminds the Government that the principal objective of the right of free access to workplaces liable to inspection is to enable inspectors to ascertain, among other matters, whether workers are being unlawfully employed outside normal working hours and to inspect machines and equipment, for which certain controls may be carried out more effectively when they are not operational. The principle set forth by the Convention therefore remains pertinent, irrespective of the modernity of enterprises, machinery and equipment, and for the same reasons also applies equally to commercial establishments. The Committee trusts that the Government will ensure that the legislation is amended to give full effect to Article 12, paragraph 1(a), of the Convention and that relevant information will be provided to the ILO in the near future.

3. Articles 20 and 21. Annual report on the work of the labour inspectorate. Noting the measures adopted by the Government with a view to obtaining the information necessary for the preparation by the central authority of an annual inspection report, the Committee hopes that such a report, covering the whole of the territory and containing the information required by Article 21(a) to (g) of the Convention will in fact be published and that a copy will be communicated to the Office, in accordance with the requirements of Article 20.

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With reference to its observation on this Convention, the Committee would be grateful to the Government if it would communicate information on the practical application of Ordinance No. 3273/2000 and to indicate the practical measures for reimbursing labour inspectors for travel expenses. Furthermore, the Committee draws the Government’s attention to the following points.

1. Impartiality and necessary authority in relations between the labour inspectors and employers and workers. The Committee notes that, according to article 2, paragraph (c), of Ordinance No. 3273/2000, labour inspectors are also charged with the function of ensuring that trade unions and professional associations at all levels do not overstep their authority as defined by law, their internal regulations, or their status. The Committee also notes that according to article 4 of the same Ordinance, no function assigned to labour inspectors should be an obstacle to their fundamental functions, nor should it hinder in any way their authority or impartiality as labour inspectors in their relations with employers and workers. Nonetheless, it is the Committee’s view that the function accorded to inspectors to monitor the activities of professional organizations is not justified and that it poses a great risk of compromising the climate of confidence that should exist between inspectors and both workers and employers. The Committee would be grateful to the Government if it would bring legislation into conformity with Article 3, paragraph 2, of the Convention and to keep the Office informed of such developments.

2. Schedule of labour inspection visits. The Government indicates in its report that establishments are visited according to a schedule established for each inspector according to their geographic area of competence, which seems to indicate that inspectors do not have the ability to initiate visits. The Committee finds that under these conditions inspections no longer have the unexpected character which is indispensable for their effectiveness; furthermore, in full respect of the law, employers could be informed of the schedule of labour inspections and the likelihood of an inspection of their particular enterprise. The Government is requested to provide clarifications on the manner in which inspections are scheduled and to put into place measures to provide inspectors with the competence to determine the schedule of their routine visits and their follow-up visits in establishments under their competence.

3. Right of free entry of labour inspectors into establishments covered by the Convention. With reference to previous comments, the Committee notes that, according to article 6(a) of Ordinance No. 3273/2000, the right of free entry of labour inspectors into workplaces is limited to hours of work. The Government indicates in its report that this period includes, should it be the case, hours of work at night. The Committee would like to underline in this regard that in order for labour inspectors to be effective, they need to be legally authorized to enter into establishments under their supervision not only during but also outside of normal working hours, especially in order to check for illegal labour outside of normal hours of work and in order to inspect machines and installations at rest. The Government is requested to take all measures necessary to bring its legislation into conformity with the provisions of Article 12(a) and (b) and to keep the Office duly informed.

4. Publication and communication of the annual report. The Committee takes note of the leaflets of the central labour inspection authority on the distribution of budgeted posts for labour inspection staff. It further notes the information communicated concerning the functioning and activities of labour inspection by region. The Committee notes that the information communicated was not published but was available in a report at the headquarters of the central labour inspection authority. The Committee recalls in this regard that the annual general report on labour inspection should be published and communicated to the ILO through the central labour inspection authority, and that its form and content are defined by Articles 20 and 21 of the Convention. Referring to paragraph 272 and following of its General Survey of 1985 on labour inspection, the Committee hopes that the provisions of article 3, paragraph 2, of Ordinance No. 3273/2000 will be put into effect so as to fulfil obligations on the publication and regular communication to the ILO of the general report.

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The Committee takes note of the Government’s report and its responses to its previous comments. It notes with satisfaction the provisions of Ordinance No. 3273/2000 which give effect to provisions of Articles 3, paragraph 1; 5; 11; 12(c)(i), (ii) and (iv); 12, paragraph 2; 13; 15; 17; 18 and 19 of the Convention.

The Committee also takes note of Ordinance No. 128/2 of 17 February 2001 regarding labour inspection in the fields of occupational safety and health in the private sector as well as the table on the geographic distribution of labour inspection staff; of Ordinance No. 129/2 of 17 February 2001 regarding the establishment of labour inspection programmes, the setting forth of regulations applicable to labour inspection and the formulation of reports and statistics concerning enterprises and various categories of workers; as well as Decree No. 161/1 of 18 February 1999 regarding the renewal of monthly travel allocations for inspectors and assistant inspectors for travel within the city of Beirut. Finally, the Committee notes that, through a circular of 23 August 2001, labour inspectors were requested to give priority to the inspection of conditions of work of children in enterprises falling under their competence; and engineering inspectors and occupational health doctors were requested to take all measures necessary so that information relating to occupational accidents, classified by their nature and their cause, as well as occupational illnesses were included in the annual report.

The Committee is addressing a request directly to the Government on certain points.

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The Committee notes the Government's report, the information provided in reply to its previous comments, the legislative texts on the application of the Convention and the statistical documents attached in annex.

The Committee notes that a draft text to amend Ordinance No. 14900 of 2 July 1949 respecting the powers of labour inspectors is currently under examination by the Council of Ministers and it hopes that the Government will rapidly provide the Office with a copy of the definitive text or, if the amendment is not adopted, with information on the current status of the draft text.

Article 12(b) of the Convention. The Committee notes that by virtue of recent amendments to the draft Labour Code, labour inspectors would henceforth be authorized to enter freely and without prior notice at any hour of the day or night any workplace liable to inspection. However, noting the slowness of the procedures for the adoption of the draft Labour Code, and considering that the unexpectedness of inspections of workplaces is one of the requirements for their effectiveness, the Committee considers that it is not indispensable for this provision to be given effect by a legislative text, but that it could be covered by regulations issued under the authority of the respective minister. It requests the Government to view the matter from this point of view and to provide full information on this subject, and on the progress made with the draft Labour Code.

Article 15. With reference to its previous comments, the Committee notes that, as public officials, labour inspectors are subject to the prohibition imposed by section 15 of Ordinance No. 112 of 1959, issuing the general conditions of service of public servants, from having any direct or indirect interest in the enterprises under their supervision or the supervision of the administrative unit of which they form part. In order to enable it to assess the extent to which the other provisions of this Ordinance apply to the staff of the labour inspectorate, the Committee would be grateful if the Government would provide it with a full copy of the text.

Articles 17 and 18. The Committee notes the explanations provided by the Government concerning the application of these Articles. It requests the Government to indicate whether reports of violations may be submitted by labour inspectors to the respective courts, or whether the initiation of legal action is the responsibility of a higher authority.

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1. With reference to its observation on this Convention, the Committee takes note of the Government's reports and the additional information provided in reply to its earlier comments and the copies of various regulations relating to the provisions of the Convention. However, the Committee notes that there is no copy of Legislative Decree No. 112 (general conditions of service of public servants), under the terms of which inspectors may not have any direct or indirect interest in the undertakings under their supervision, attached to the report, as the Government had indicated. The Committee would be grateful if the Government would provide a copy of this text with its next report.

2. The Committee notes with interest that according to Decree No. 5106 of 27 April 1994 concerning the number, qualifications and distribution of posts of labour inspectors and their assistants, the number of inspectors' posts has been increased significantly and that three new social workers' posts have been created in the administrative departments responsible for inspection. The Committee also notes with interest that the posts that had originally been created within the central administration were transferred by Order No. 186/1 of 24 April 1997 to departments in the Province of Djebel Loubnen, and that Circular No. 29/2 concerning the appointment of labour inspectorate staff at the level of the central authority requires labour inspectors to produce an inspection report following any visit to an establishment, using the model report designed for that purpose.

However, the Committee notes that, despite its repeated requests during recent years, the ILO has not received copies of the annual inspection reports, publication and transmission of which are required under Article 20 of the Convention and the content of which is specified in Article 21. The Committee recalls that the Government had stated in an earlier report that application of the Articles in question would be facilitated by the relevant circular sent out to inspectors on 25 January 1995. The Committee hopes that the Government will be able to indicate in its next report the expected outcome and that copies of the annual reports will in future be transmitted to the ILO at the appropriate time.

3. On the basis of the extracts from a draft Labour Code that were published recently in the national press on the occasion of its submission to the Council of Ministers, the Committee takes note of provisions giving effect to Article 12, paragraph 1(a) and (c), of the Convention. With reference to paragraph 165 of its 1985 General Survey on labour inspection, the Committee wishes to draw the Government's attention to the advantage of a provision providing, in accordance with Article 12(b), for the right of inspectors to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. The Committee also notes that the draft Labour Code contains provisions giving effect to Article 13. The Committee requests the Government to keep the Office informed of the process of amending Decree No. 14900 concerning the powers of labour inspectors, which it referred to in its report as giving effect to Articles 12 and 13.

Noting that the draft Labour Code contains no provisions relating to proceedings and penalties for violations of provisions in force other than those relating to occupational health and safety (Articles 17 and 18), the Committee draws the Government's attention to paragraphs 253 to 257 of the aforementioned General Survey which address these questions and requests the Government to provide information on the manner in which effect is given to the above-mentioned Articles of the Convention. The Committee would be grateful if the Government would also provide a copy of the draft Labour Code referred to above or, where appropriate, the text finally adopted.

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Articles 3 and 21 of the Convention. The Committee notes with satisfaction the provisions of Order No. 451/2 of 16 August 1997 which, in accordance with Article 3, paragraph 1(b) and (c), of the Convention, provides that the labour inspection, prevention and safety authorities must supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions (section 2 of the Order), to bring to the notice of the Ministry any defects or abuses not specifically covered by existing legal provisions, in particular with regard to working hours, wages, occupational safety and health, and the welfare and employment of young people (section 1), and to include in their annual activity reports the information required under Article 21 of the Convention (section 3).

A request regarding certain points is being addressed directly to the Government.

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1. Article 3, paragraph 1, of the Convention. With reference to its previous comments, the Committee requests the Government to indicate whether labour inspectors are officially required to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

Article 3, paragraph 2. The Committee once again requests the Government to indicate how it is ensured that the functions entrusted to labour inspectors relating to the improvement of relations between employers and workers do not interfere with the effective discharge of their primary duties or prejudice their authority and impartiality.

2. Article 10. In its previous comments, the Committee noted with interest the project for the reorganization of the Ministry of Labour, which provided for the development of the work of the inspectorate and an increase in its staff, as well as the creation of technical posts (chemical and industrial engineers, etc.), in addition to existing posts of medical inspectors and engineering inspectors. It notes that an ILO mission on standards which visited Lebanon between 12 and 18 May 1994 noted an increase in the number of inspectors from 15 to 46 in the region of Beirut. The Committee would be grateful if the Government would indicate the number and current situation of the staff of the labour inspection services in the country.

3. Articles 12 and 13, paragraphs 2(b) and 3. With reference to its previous comments, the Committee requests the Government to indicate the measures which have been taken to accord labour inspectors the powers set out in these Articles of the Convention.

4. Article 15(a). With reference to its previous comments, the Committee requests the Government to supply the text of Legislative Decree No. 112 of 12 July 1959 which, according to the information provided previously by the Government, prohibits civil servants from having a direct or indirect material interest in the enterprises inspected by them or by the departments for which they work.

5. Articles 20 and 21. The Committee hopes that, as a result of the adoption of Directive No. 5/2 of 19 January 1995, and Directive No. 71/2 of 29 August 1995 of the Director-General of the Ministry of Labour, an annual inspection report will be transmitted to the ILO within the time-limits set out in Article 20 and that it will contain all the information and data referred to in Article 21.

6. The Committee notes that, according to the information that the above ILO mission was able to obtain, a Decree with the No. 5006 respecting labour inspection was adopted on 27 April 1994. It requests the Government to supply the text of the above Decree.

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The Committee notes with interest the texts of Directive No. 5/2 of 19 January 1995 and Directive No. 71/2 of 29 August 1995 of the Director-General of the Ministry of Labour, which provide that labour inspectors shall treat as absolutely confidential the source of any complaint, in accordance with Article 15(c) of the Convention, and that inspection reports shall contain all the information and data referred to in Article 21.

The Committee is addressing a request directly to the Government on a number of matters.

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The Committee notes with interest that a report was received from the Government for the first time in ten years and that it contains replies to the comments the Committee has been making for a long time.

1. Article 3, paragraph 1, of the Convention. The Committee notes that sections 15 and 16 of Decree No. 8352 of 30 December 1961 provide for the main functions of the labour inspectors. Please indicate if they are also required by law to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. Article 3, paragraph 2. Please indicate how it is ensured that further duties entrusted to labour inspectors to work to improve relations between employers and workers do not interfere with the effective discharge of their primary duties or prejudice their authority and impartiality.

2. Article 10. The Committee notes the information regarding the breakdown and number of labour inspectors and the Government's acknowledgement of their insufficiency to carry out their functions properly. It notes with interest the information that the reorganization plans for the Ministry of Labour provide for the development of the work of the inspectorate and the growth of its staff as well as the creation of technical posts such as chemical and industrial engineers in addition to existing ones such as medical and labour engineer inspectors. The Committee understands that the Government has requested technical assistance from the Office in organizing a training seminar for newly engaged staff (labour administrators and inspectors). It hopes such technical cooperation will result in the improvement of the situation. Please provide indications on developments in this respect.

3. Article 12. The Committee notes that, other than Decree No. 14900 of 2 May 1949, there are no provisions empowering labour inspectors with proper credentials to carry out acts and measures enumerated in this Article. It hopes the technical assistance requested from the Office in undertaking the revision of the Labour Code recommended by the multidisciplinary mission that visited the country in February to March 1993 will include drafting of provisions that will implement this Article.

4. Article 13, paragraphs 2(b) and 3. The Committee notes the absence of legislative provisions establishing the powers of labour inspectors to make or to have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers. It hopes the planned revision of the Labour Code to be undertaken with the Office's technical assistance will result in the full implementation of this Article.

5. Article 15(a) and (b). The Committee notes the information that section 15 of Decree Law No. 112 of July 1959 prohibits civil servants from having a direct or indirect material interest in the enterprises inspected by them or the departments they work for. Please provide the text of the said Law as well as the text of the provision that requires the strict confidentiality of the source of complaints.

6. Articles 20 and 21. The Committee notes with interest the information that the inspection service started again to function and that the Government hoped a report containing the statistical information required by the Convention would be prepared and published at the end of 1993. Please give full details.

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee asks the Government to provide further information on the measures taken or under consideration to give effect to the following Articles of the Convention: Article 3 (function of the labour inspectorate; Article 10 (the number of the labour inspection service); Article 12 and Article 13, paragraphs 2(b) and 3 (powers of labour inspectors); Article 15, clause (a) (prohibition of labour inspectors from having an interest in the workplaces under their supervision) and clause (c) (confidential nature of complaints); Articles 20 and 21 (publication of annual reports of inspection).

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee asks the Government to provide further information on the measures taken or under consideration to give effect to the following Articles of the Convention: Article 3 (function of the labour inspectorate; Article 10 (the number of the labour inspection service); Article 12 and Article 13, paragraphs 2(b) and 3 (powers of labour inspectors); Article 15, clause (a) (prohibition of labour inspectors from having an interest in the workplaces under their supervision) and clause (c) (confidential nature of complaints); Articles 20 and 21 (publication of annual reports of inspection)

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee asks the Government to provide further information on the measures taken or under consideration to give effect to the following Articles of the Convention: Article 3 (function of the labour inspectorate; Article 10 (the number of the labour inspection service); Article 12 and Article 13, paragraphs 2(b) and 3 (powers of labour inspectors); Article 15, clause (a) (prohibition of labour inspectors from having an interest in the workplaces under their supervision) and clause (c) (confidential nature of complaints); Articles 20 and 21 (publication of annual reports of inspection).