Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Lebanon (Ratification: 1977)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern 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

Article 8(1) and (3) of the Convention. Temporary exemptions and compensatory rest. In reply to the comments made by the Committee on this point over the years, it notes that the Government has been referring for over a decade to draft amendments to the Labour Code that would ensure compliance with the provisions of the Convention.The Committee trusts that these amendments will be adopted in the near future and requests that the Government provides information in this regard.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes 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

Article 8(1) and (3) of the Convention. Temporary exemptions and compensatory rest. In reply to the comments made by the Committee on this point over the years, it notes that the Government has been referring for over a decade to draft amendments to the Labour Code that would ensure compliance with the provisions of the Convention. The Committee trusts that these amendments will be adopted in the near future and requests that the Government provides information in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 8(1) and (3) of the Convention. Temporary exemptions and compensatory rest. In reply to the comments made by the Committee on this point over the years, it notes that the Government has been referring for over a decade to draft amendments to the Labour Code that would ensure compliance with the provisions of the Convention. The Committee trusts that these amendments will be adopted in the near future and requests that the Government provides information in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 8(1) and (3) of the Convention. Temporary exemptions and compensatory rest. In reply to the numerous comments made by the Committee on this point, the Government indicates that section 48 of the draft amendment to the Labour Code provides that, in cases of force majeure declared by the employer, and after the Ministry of Labour has granted authorization for temporary exemptions to weekly rest, the persons concerned are entitled to periods of compensatory rest of a duration at least equivalent to that of the weekly rest period of which they have been deprived. Emphasizing that Article 8, paragraph 1, of the Convention, authorizes temporary exemptions from weekly rest only in well-defined cases (in case of accident, force majeure, urgent work to premises and equipment, abnormal pressure of work, or in order to prevent the loss of perishable goods), the Committee requests the Government to indicate the manner in which it is ensured that cases of force majeure declared by the employer do not go beyond the cases strictly defined by this Article. It also requests the Government to indicate clearly the persons to whom this amendment applies and to whom compensatory rest should apply.

Furthermore, the Committee recalls that the purpose of the Convention is to ensure that workers are granted a weekly rest period at regular intervals so that they enjoy a minimum period of rest and leisure time each week and that compensatory rest should therefore be granted as soon as possible or, in any case, within a reasonably short time after the work carried out on the weekly rest day. The Committee hopes that the Government will take these observations into account in the context of the revision of the Labour Code under way and requests the Government to provide a copy of the relevant revised provisions as soon as they have been adopted.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 8, paragraphs 1 and 3, of the Convention. Temporary exemptions and compensatory rest. In reply to the numerous comments made by the Committee on this point, the Government indicates that section 48 of the draft amendment to the Labour Code provides that, in cases of force majeure declared by the employer, and after the Ministry of Labour has granted authorization for temporary exemptions to weekly rest, the persons concerned are entitled to periods of compensatory rest of a duration at least equivalent to that of the weekly rest period of which they have been deprived. Emphasizing that Article 8, paragraph 1, of the Convention, authorizes temporary exemptions from weekly rest only in well-defined cases (in case of accident, force majeure, urgent work to premises and equipment, abnormal pressure of work, or in order to prevent the loss of perishable goods), the Committee requests the Government to indicate the manner in which it is ensured that cases of force majeure declared by the employer do not go beyond the cases strictly defined by this Article. It also requests the Government to indicate clearly the persons to whom this amendment applies and to whom compensatory rest should apply.

Furthermore, the Committee recalls that the purpose of the Convention is to ensure that workers are granted a weekly rest period at regular intervals so that they enjoy a minimum period of rest and leisure time each week and that compensatory rest should therefore be granted as soon as possible or, in any case, within a reasonably short time after the work carried out on the weekly rest day. The Committee hopes that the Government will take these observations into account in the context of the revision of the Labour Code under way and requests the Government to provide a copy of the relevant revised provisions as soon as they have been adopted.

Part V of the report form. Practical application. The Committee notes the statistics provided by the Government concerning the number of inspections carried out and violations reported by the inspection services. It requests the Government to continue providing general information on the application of the Convention in practice, in particular statistical data on the number of workers covered by the legislation giving effect to the Convention, extracts from the reports of the inspection services indicating the number of violations of the rules relating to weekly rest which have been reported and the sanctions imposed in this regard, etc.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Article 8, paragraph 3, of the Convention. The Government indicates that the draft revision of section 37 of the Labour Code, targeted at giving effect to the Convention by granting compensatory rest to persons concerned by temporary exemptions from weekly rest, is still under discussion within the competent authorities. The Committee urges the Government to take the necessary steps that the amendment, to which it has been referring for many years, will be adopted shortly. Please keep the Office informed on any progress achieved in this regard.

Part V of the report form. Please indicate the kind of information contained in the annual and special reports of labour inspectors provided for under section 3 of Decree No. 3273 on labour inspection.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with interest the Government’s report.

Article 8, paragraph 3, of the Convention. Referring to its previous comments the Committee notes that the proposed amendment of section 37 of the Labour Code as set out in the report will lead to conformity with Article 8, paragraph 3, of the Convention. The Committee hopes that the new Labour Code will be enacted in the near future and asks the Government to supply a copy of the text when adopted.

Part V of the report form. Referring to the general appreciation of the Government that the provisions of the Convention are applied, the Committee requests the Government to supply, if available, additional statistical information as, for example, extracts of inspection reports and information concerning the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 8, paragraph 3, of the Convention. In its previous comments, the Committee noted that section 37 of the Labour Code provided that a worker who was required to work on a weekly rest day by virtue of section 33 could choose between an equivalent period of compensatory rest and the wages for the hours worked. The Committee recalled that, under Article 8, paragraph 3, of the Convention, equivalent compensatory rest should be granted whenever temporary exemptions were made.

The Committee notes the Government's indication in its latest report that the attention of the commission revising the Labour Code has been drawn to this provision of the Convention. The Committee recalls that in accordance with Article 8, paragraph 3, compensatory rest must be granted, regardless of any monetary compensation, when temporary exemptions are made for the reasons enumerated in paragraph 1 of this Article. The Committee hopes that the Government will take the necessary steps to bring the legislation into conformity with the Convention and indicate any developments in this respect.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 7, paragraph 2, of the Convention. The Committee notes with interest the indication in the Government's report that the ministerial decisions taken under section 35bis of the Labour Code which fix the opening and closing hours in commercial establishments expressly provide that their provisions will not prejudice the workers' right to a weekly rest period of 36 consecutive hours. It further notes the example of such a decision provided by the Government in this regad. The Government is requested to keep the Office informed of any other ministerial decisions issued under section 35bis and to indicate the manner in which it is ensured that the workers concerned still enjoy a weekly rest period of at least 24 hours.

Article 8, paragraph 3. In its previous comments, the Committee noted that section 37 of the Labour Code provided that a worker who was required to work on a weekly rest day by virtue of section 33 could choose between an equivalent period of compensatory rest and the wages for the hours worked. The Committee recalled that, under this provision of the Convention, equivalent compensatory rest should be granted whenever temporary exemptions were made in accordance with this Article. The Government indicated in its latest report that inspectors were responsible for verifying the workers' choice in this regard and that the question of the conformity of section 37 of the Code with Article 8, paragraph 3, depended on what was most favourable to the workers. The Government added that the measures for applying this provision of the Convention would be examined taking into account the interest of the workers. The Committee trusts that the necessary measures will be taken to ensure that, in cases of exemption from the weekly rest provisions, workers will be granted equivalent compensatory rest and requests the Government to indicate, in its next report, any progress made in this regard.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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:

Article 7, paragraph 2, of the Convention. Noting that certain hours of opening or closing, particularly in commercial establishments, have been modified for practical reasons, the Committee asks the Government to indicate the measures taken to ensure that persons affected by the modified timetables have the minimum weekly rest period laid down by this provision of the Convention.

Article 8, paragraph 3. Under section 37 of the Labour Code, the worker who has to work on the weekly day of rest may choose between taking a rest period equivalent to the weekly rest period and receiving the wages of the hours for which he has worked. The Committee wishes to call the attention of the Government to the fact that, under this provision of the Convention, in a case of this kind compensatory rest must be granted to the workers concerned. It would therefore be grateful if the Government would provide information on the measures taken or under consideration to bring the national legislation into conformity with the Convention on this point.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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:

Article 7, paragraph 2, of the Convention. Noting that certain hours of opening or closing, particularly in commercial establishments, have been modified for practical reasons, the Committee asks the Government to indicate the measures taken to ensure that persons affected by the modified timetables have the minimum weekly rest period laid down by this provision of the Convention.

Article 8, paragraph 3. Under section 37 of the Labour Code, the worker who has to work on the weekly day of rest may choose between taking a rest period equivalent to the weekly rest period and receiving the wages of the hours for which he has worked. The Committee wishes to call the attention of the Government to the fact that, under this provision of the Convention, in a case of this kind compensatory rest must be granted to the workers concerned. It would therefore be grateful if the Government would provide information on the measures taken or under consideration to bring the national legislation into conformity with the Convention on this point.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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:

Article 7, paragraph 2, of the Convention. Noting that certain hours of opening or closing, particularly in commercial establishments, have been modified for practical reasons, the Committee asks the Government to indicate the measures taken to ensure that persons affected by the modified timetables have the minimum weekly rest period laid down by this provision of the Convention.

Article 8, paragraph 3. Under section 37 of the Labour Code, the worker who has to work on the weekly day of rest may choose between taking a rest period equivalent to the weekly rest period and receiving the wages of the hours for which he has worked. The Committee wishes to call the attention of the Government to the fact that, under this provision of the Convention, in a case of this kind compensatory rest must be granted to the workers concerned. It would therefore be grateful if the Government would provide information on the measures taken or under consideration to bring the national legislation into conformity with the Convention on this point.