Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Lebanon (Ratification: 1977)

The Committee notes the information provided by the Government in its report with regard to its previous comments on the following points:

- the absence of statutory provisions on protection against acts of anti-union discrimination and acts of interference (Articles 1 and 2 of the Convention);

- the requirement that employees' representatives must have the approval of at least 60 per cent of the Lebanese workers concerned to be able to negotiate and that a collective agreement must be approved by two-thirds of the general assembly of trade unions parties to the agreement (Article 4);

- denial of the right to collective bargaining of workers in the public sector except for employees in offices under state supervision or in undertakings responsible for the management of public services in the name of the State or on their own account, in so far as they are not engaged in the administration of the State (Article 6).

1. Protection against acts of anti-union discrimination and acts of interference. While noting in its previous report that workers and members of trade union committees were protected against dismissal for trade union activities (paragraphs (d) and (e) of section 50 of the Labour Code), the Committee had recalled that the protection provided for in Article 1 of the Convention covered not only dismissal but all other discriminatory measures both at the time of taking up employment and in the course of employment (transfers, demotions, disciplinary measures, deprivation of or limitations on wages or social benefits and other prejudicial acts).

The Government indicates in its report that other discriminatory measures such as transfers, disciplinary measures or the deprivation of social benefits are prohibited in Lebanon because they are contrary to the Constitution and national legislation. As a result, the Government does not consider that amending section 50 of the Labour Code would significantly change things, since full effect is already given to Article 1 of the Convention.

Similarly, the Government stresses that the principle of non-interference is also guaranteed in national legislation. The Government nevertheless indicates that it will draw the attention of the committee responsible for updating the Labour Code to the Committee of Experts' previous comments with regard to the lack of specific statutory provisions on protection against acts of anti-union discrimination and interference. The Committee reminds the Government in this respect that since it has ratified the Convention, it should adopt specific measures, coupled with effective and sufficiently dissuasive sanctions, to protect workers' organizations against acts of interference by employers or their organizations designed to dominate or support workers' organizations by financial or other means.

The Committee takes note of the Government's statement and hopes that it will take the necessary steps to ensure that the Committee's previous comments pertaining to the application of Articles 1 and 2 will be taken into account by the committee responsible for updating the Labour Code. The Committee requests the Government to keep it informed of developments in this respect.

2. Unduly high percentages required for employees' representatives to negotiate and for general assemblies of trade unions parties to a collective agreement to approve the agreement. The Committee notes that the Government reiterates its previous statement that these percentages (laid down in sections 3 and 4 of Decree No. 17386/64) are necessary to obtain a majority which is large enough to impose its conditions on a minority that might not agree to the clauses of the collective agreement, so that the democratic system is properly respected. The Government nevertheless indicates that it will transmit the Committee's previous comments on this issue to the committee responsible for updating the Labour Code so that they will be taken into account during the revision of the law respecting collective agreements, mediation and arbitration (Decree No. 17386/64).

Since sections 3 and 4 of Decree No. 17386/64 are not such as to encourage the full development and utilization of machinery for voluntary collective bargaining, the Committee considers that under such a system, if no union covers more than 60 per cent of the workers, collective bargaining rights will be denied to the workers in the undertaking. It therefore trusts that the committee responsible for updating the Labour Code will lower the percentages for bargaining and approving collective agreements to a reasonable level, so as to give full effect to Article 4 of the Convention. The Committee requests the Government to keep it informed of any developments in this regard.

3. Public employees. The Committee notes the Government's statement that workers in public sector undertakings responsible for the management of public services are subject to the law respecting collective agreements, mediation and arbitration (Decree No. 17386/64). The Committee had noted, however, in previous reports, that the right to negotiate collectively of this category of workers was subject to compulsory arbitration.

The Government adds that "salaried workers" in the public service are covered by the provisions of Decree No. 5883 of 1994 and therefore do not fall within the scope of the Labour Code nor within the scope of the Convention.

The Committee reminds the Government, however, that only public servants engaged in the administration of the State may be excluded from the scope of the Convention (see 1994 General Survey on freedom of association and collective bargaining, paragraph 200). It therefore asks the Government to encourage and promote machinery for the voluntary negotiation of collective agreements between the State as employer and organizations of public servants other than those engaged in the administration of the State, as a means of settling their terms and conditions of employment. It would ask the Government to take such steps, with regard to workers in public sector undertakings responsible for the management of public services, within the framework of the revision of the law respecting collective agreements, mediation and arbitration (Decree No. 17386/64).

Finally, the Committee notes the Government's statement that public servants subject to the provisions of Legislative Decree No. 112 of 1959 issuing the public service regulations do not enjoy the guarantees laid down in the Convention, as is stipulated in Article 6. The Committee would ask the Government to provide a copy of Legislative Decree No. 112 of 1959 along with its next report.

4. The Committee also notes the Government's statement that the texts of ratified Conventions were submitted to the competent authorities and were published in a special annex to the Official Journal (No. 10) of 11 March 1993. Moreover, the committee responsible for updating the Labour Code has taken note of the texts of all the international labour Conventions ratified by Lebanon.

5. The Committee takes note of this information. It hopes that the updating of the legislation and the implementation of the provisions of the Convention will enable the latter to be better applied in the near future, in accordance with the above comments. It asks the Government to provide detailed information in its next report on any progress made in this respect and reminds it that the ILO remains at its disposal for any assistance it may need in framing provisions and amendments to give effect to the Convention.