Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Lebanon (Ratification: 1977)

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

Articles 1 and 2 of the Convention. Scope of application. In its previous comments, the Committee had noted that certain categories of children or young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations other than those recognized by the competent authority as industrial, agricultural and maritime occupations, are excluded from the application of the provisions of the Convention by virtue of section 7 of the Labour Code:

• 1. Servants employed in domestic work in private homes.
• 2. Agricultural corporations which have no connection with trade or industry; they will be the subject of special legislation.
• 3. Establishments in which only family members work under the direction of either the father, the mother, or a guardian.
• 4. Governmental and municipal services in regard to workers and wage earners employed on a temporary or daily basis who do not enjoy the status of civil servants and who will be covered by special legislation.

The Committee had also noted that with regard to workers who are engaged as servants in private homes, the Ministry of Labour makes it incumbent on private employers to be as strict in preserving the health of their domestic workers as that of members of their family and, hence, to make them undergo medical examinations, whatever their nationality, whenever this is necessary. It had observed that these examinations are dependent on the employer’s judgement and do not therefore furnish the necessary guarantees for application of the Convention. Furthermore, the Committee had noted that with regard to workers employed by the public administration, Decree No. 5883 of 3 November 1994 concerns the regulations applicable to employees and that municipal workers are subject to regulations adopted by each municipality.

The Committee notes the Government’s information that the draft amendment to the Labour Code, prepared by the tripartite committee set up by virtue of Order No. 210 of 20 December 2000, deals with the first three abovementioned exceptions to the Labour Code. This draft amendment was sent to the ILO for comments, which the Government recently received, and the Ministry of Labour is currently revising it so as to bring its provisions into better conformity with the provisions of the relevant ratified Conventions. The Committee expresses the hope that its outstanding comments will be taken into consideration so as to ensure that the national legislation is in conformity with the provisions of the Convention with regard to their application to all occupations other than those recognized as industrial, agricultural and maritime occupations in Lebanon.

The Committee notes the Government’s information concerning the various medical and insurance measures imposed on the employers of domestic servants. It notes, however, that, according to the Government, only persons who exceed the age of 18 years are required to undergo a medical examination prior to taking up employment in domestic work. The Committee must therefore request the Government to indicate which legal provisions ensure that young persons under 18 years are required to undergo a thorough medical examination prior to being engaged in domestic work. If there are no such provisions, the Committee requests the Government to provide information on the measures taken or envisaged to ensure the conformity of national legislation with the Convention in this regard.

The Committee notes the Government’s information that persons who seek employment in the public administration must provide a medical certificate, certified by an approved physician, which attests that they are free from disease and impairment which may hinder their work. It requests the Government to supply copies of the texts relating to regulations governing the employees of the El Tiba and Bedia municipalities, which the Government’s report states was attached to the report, but have not been received by the Office.

Article 5. Expenses for the medical examination of workers employed by the public administration. The Committee has noted above the Government’s information that persons who seek employment in the public administration must provide a medical certificate, certified by an approved physician, which attests that they are free from disease and impairment which may hinder their work. It expresses the hope that young persons under the age of 18 years, or their parents, seeking employment in the public administration are not involved in any expense relating to the required medical certificate. The Committee requests the Government to supply more detailed information in this regard. It also requests the Government to refer to the comments it has made under Article 5 of Convention No. 77.

Article 7(2). Application of the Convention to children engaged in itinerant trading or on the streets or places to which the public has access. The Committee had previously noted the Government’s intention to have the matter of the supervision of the application of the system of medical examination of fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried on in the streets or in places to which the public has access, examined by the competent authorities, namely the relevant ministries. It notes the Government’s information that the Ministry of the Interior and Municipalities was informed of the comments made the Committee, which were then circulated to all governorates for appropriate action. The relevant authorities of all governorates have replied that there are no children or young persons engaged in the circumstances specified above. The Committee reminds the Government that even where there does not seem to be children or young persons working, on their own account or account of their parents, in itinerant trading or in another occupation carried on in the streets or in places to which the public has access, the Government must take the necessary measures to ensure that the system of medical examination for fitness for employment is applied in the event that children are employed in these circumstances in the future. Therefore, the Committee reiterates once again the hope that the Government will adopt, in the very near future, the necessary measures to provide for supervision of the application of the system of medical examination for fitness of young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public has access. It requests the Government to continue providing information on any progress made in this respect.

The Committee requests the Government to refer, for Articles 3(2), 4 and 6, to the comments it has made under the corresponding Articles of Convention No. 77.