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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.
Repetition The Committee notes that the Labour Code has been under revision for several years with ILO technical assistance. The Committee hopes that the revision of the Labour Code will soon be completed and that a new Labour Code will be adopted in the very near future, and it requests the Government to provide information on any progress achieved in this respect. The Committee also notes the draft legislation on the restructuring of the Ministry of Labour and the copy of the letter dated 16 January 2005 by which the Minister of Labour submitted the draft legislation to the Council of Ministers with a view to launching the procedure for its adoption. The Committee requests the Government to indicate whether the draft legislation has been adopted and to provide a copy and, if it has not yet been adopted, to indicate the progress achieved in this respect. Articles 2, 4, 6(2)(a) and 9 of the Convention. Coordination with parastatal agencies engaged in labour administration activities, including the preparation of the national employment policy. The Committee notes the information provided by the Government on the reinforcement of the National Agency for Employment, which is a parastatal agency directed by an executive board of tripartite composition and entrusted with the preparation of the national employment policy. The Committee requests the Government to provide additional information on the activities of the National Agency for Employment and their impact accompanied, as appropriate, by the annual reports of the Agency, and to provide information on the measures adopted for the reinforcement of this Agency with ILO assistance. Furthermore, with reference to paragraphs 185–191 of its 1997 General Survey in relation to cooperation and negotiation bodies, the Committee requests the Government to indicate whether other labour administration activities are delegated to other parastatal agencies and the manner in which appropriate coordination of functions and responsibilities is ensured with these agencies. Article 3. Labour administration issues regulated by having recourse to direct negotiations between employers’ and workers’ organizations. The Committee notes the collective agreement concluded between Lebanese banks and the union of workers in the sector. The Committee invites the Government to indicate the issues related to labour administration which are covered by this agreement and continue to provide information, where appropriate, on other collective agreements regulating labour administration issues through direct negotiations. Article 4. Coordination of the duties and functions of the labour administration system. The Committee notes the information provided by the Government concerning the organizational chart of the labour administration system and the report on the activities of the Ministry of Labour for the period 2006–09. It notes the Government’s indications concerning the draft new organizational chart that is currently being discussed and tried with a view to modernizing the Ministry of Labour and improving its effectiveness. The Committee requests the Government to keep the Office informed of any progress achieved in this respect. Article 5. Tripartite consultation, cooperation and negotiation within the labour administration system. The Government indicates that the existence of many national bodies, of which the executive boards are tripartite, and of national committees on which the social partners are represented, ensures tripartite consultation, cooperation and negotiation within the labour administration system. While noting this information, the Committee once again requests the Government to provide copies of the texts determining the organization and functioning of these bodies, as well as copies of reports or extracts of reports on their work, and to indicate the action taken as a result of the views expressed by these bodies on matters relating to labour administration. The Government is also requested to specify whether measures have been taken to secure tripartite consultation, cooperation and negotiation at the regional and local levels, and at the level of the various economic sectors, and to provide a copy of any relevant texts. Article 7. Extension of the functions of the system of labour administration to categories of workers who are not employed persons in relation to their conditions of work and working life. The Committee notes the Government’s indication that draft legislation is being prepared on agricultural workers. In its previous comments, it also noted the Government’s indication that the new draft Labour Code provided for the adoption of decrees by the Council of Ministers to govern the conditions of work of workers engaged in family establishments. Finally, in its comments under the Minimum Age Convention, 1973 (No. 138), the Committee notes the Government’s indication that the new draft Labour Code contains provisions governing the employment or work of all young persons, including those who are not bound by an employment relationship. The Committee requests the Government to provide information on any developments in this respect, indicate the progress achieved with these draft texts and provide copies thereof. Article 10. Composition, status, conditions of service and material means and financial resources of the staff of the labour administration. The Committee notes the information provided by the Government on the distribution of the personnel in the Ministry of Labour. It also requests the Government to provide information on the distribution of personnel in other structures of the labour administration, including at the regional level, as well as information on the proportion of the national budget allocated to the functioning of the labour administration system. Judicial decisions. The Government indicates that court rulings are not available to it and that, in cases where conciliation fails, labour disputes are submitted to the Industrial Arbitration Board in the case of individual disputes and to the Arbitration Board in the case of collective disputes. The Committee requests the Government to take the necessary measures to obtain and provide statistics on the decisions handed down by these bodies, as well as extracts from the rulings.
Repetition The Committee notes that the Labour Code has been under revision for several years with ILO technical assistance. The Committee hopes that the revision of the Labour Code will soon be completed and that a new Labour Code will be adopted in the very near future, and it requests the Government to provide information on any progress achieved in this respect. The Committee also notes the draft legislation on the restructuring of the Ministry of Labour and the copy of the letter dated 16 January 2005 by which the Minister of Labour submitted the draft legislation to the Council of Ministers with a view to launching the procedure for its adoption. The Committee requests the Government to indicate whether the draft legislation has been adopted and to provide a copy and, if it has not yet been adopted, to indicate the progress achieved in this respect.Articles 2, 4, 6(2)(a) and 9 of the Convention. Coordination with parastatal agencies engaged in labour administration activities, including the preparation of the national employment policy. The Committee notes the information provided by the Government on the reinforcement of the National Agency for Employment, which is a parastatal agency directed by an executive board of tripartite composition and entrusted with the preparation of the national employment policy. The Committee requests the Government to provide additional information on the activities of the National Agency for Employment and their impact accompanied, as appropriate, by the annual reports of the Agency, and to provide information on the measures adopted for the reinforcement of this Agency with ILO assistance. Furthermore, with reference to paragraphs 185–191 of its 1997 General Survey in relation to cooperation and negotiation bodies, the Committee requests the Government to indicate whether other labour administration activities are delegated to other parastatal agencies and the manner in which appropriate coordination of functions and responsibilities is ensured with these agencies.Article 3. Labour administration issues regulated by having recourse to direct negotiations between employers’ and workers’ organizations. The Committee notes the copy provided of the collective agreement concluded between Lebanese banks and the union of workers in the sector. The Committee invites the Government to indicate the issues related to labour administration which are covered by this agreement and continue to provide information, where appropriate, on other collective agreements regulating labour administration issues through direct negotiations.Article 4. Coordination of the duties and functions of the labour administration system. The Committee notes the information provided by the Government concerning the organizational chart of the labour administration system and the report on the activities of the Ministry of Labour for the period 2006–09. It notes the Government’s indications concerning the draft new organizational chart that is currently being discussed and tried with a view to modernizing the Ministry of Labour and improving its effectiveness. The Committee requests the Government to keep the Office informed of any progress achieved in this respect.Article 5. Tripartite consultation, cooperation and negotiation within the labour administration system. The Government indicates that the existence of many national bodies, of which the executive boards are tripartite, and of national committees on which the social partners are represented, ensures tripartite consultation, cooperation and negotiation within the labour administration system. While noting this information, the Committee once again requests the Government to provide copies of the texts determining the organization and functioning of these bodies, as well as copies of reports or extracts of reports on their work, and to indicate the action taken as a result of the views expressed by these bodies on matters relating to labour administration. The Government is also requested to specify whether measures have been taken to secure tripartite consultation, cooperation and negotiation at the regional and local levels, and at the level of the various economic sectors, and to provide a copy of any relevant texts.Article 7. Extension of the functions of the system of labour administration to categories of workers who are not employed persons in relation to their conditions of work and working life. The Committee notes the Government’s indication that draft legislation is being prepared on agricultural workers. In its previous comments, it also noted the Government’s indication that the new draft Labour Code provided for the adoption of decrees by the Council of Ministers to govern the conditions of work of workers engaged in family establishments. Finally, in its comments under the Minimum Age Convention, 1973 (No. 138), the Committee notes the Government’s indication that the new draft Labour Code contains provisions governing the employment or work of all young persons, including those who are not bound by an employment relationship. The Committee requests the Government to provide information on any developments in this respect, indicate the progress achieved with these draft texts and provide copies thereof.Article 10. Composition, status, conditions of service and material means and financial resources of the staff of the labour administration. The Committee notes the information provided by the Government on the distribution of the personnel in the Ministry of Labour. It also requests the Government to provide information on the distribution of personnel in other structures of the labour administration, including at the regional level, as well as information on the proportion of the national budget allocated to the functioning of the labour administration system.Judicial decisions. The Government indicates that court rulings are not available to it and that, in cases where conciliation fails, labour disputes are submitted to the Industrial Arbitration Board in the case of individual disputes and to the Arbitration Board in the case of collective disputes. The Committee requests the Government to take the necessary measures to obtain and provide statistics on the decisions handed down by these bodies, as well as extracts from the rulings.
The Committee notes with interest the Government’s first detailed report on the manner in which effect is given to the Convention in law, as well as the documentation provided subsequently at the Committee’s request.
Legislation. Among the legislation and regulations referred to by the Government, an indication is only given for many of them of the initial date, accompanied by the reference “as amended”, without any further indication of the date on which they were last amended. The Committee would be grateful if the Government would provide these details concerning the texts mentioned above so that it can examine them in their current form, and if it would provide copies of those amended in recent years.
Article 2 of the Convention. Non-governmental organizations entrusted with labour administration activities. The Committee notes that the Government is represented in all of the bodies referred to and described in the report as composing the labour administration system. However, it emphasizes that this Article of the Convention offers the possibility of entrusting labour administration activities to non-governmental organizations. By way of illustration, the Committee refers in this respect in its General Survey of 1998 on labour administration (footnote to paragraph 43) to the case of countries which have entrusted workers’ organizations with the management of schemes covering industrial accidents and occupational diseases, as well as unemployment benefits. The Committee would be grateful if the Government would indicate, where appropriate, the non-governmental organizations, and particularly the employers’ and workers’ organizations, to which the management of activities has been entrusted that are traditionally exercised by public labour administration institutions.
Article 3. Labour administration issues regulated by having recourse to direct negotiations between employers’ and workers’ organizations. The Government indicates that, in accordance with the Law on collective labour contracts given effect by Decree No. 17386 of 2 September 1964, conditions of work are regulated by direct collective bargaining between employers and their organizations, on the one hand, and workers’ organizations, on the other. The Committee would be grateful if the Government would provide a copy of one or more collective labour contracts that are in force in a branch of activity or an enterprise and requests it to indicate in any case the manner in which the supervision of collective contracts is ensured and provide practical examples of the exercise of this supervision and its results.
Articles 4 and 5. Coordination of the duties and functions of the labour administration system. The Committee requests the Government to provide an organizational chart of the labour administration system providing an overview of its operation, not only at the central level, but also at the regional and local levels.
Article 5. Tripartite consultation, cooperation and negotiation within the labour administration system. The Committee notes with interest the existence of a large number of consultative bodies at the national level in which the public authorities, employers and workers, as well as other actors involved in the labour administration system, are represented. The Committee would be grateful if the Government would provide copies of the texts determining the organization and operation of the above bodies, as well as copies of reports or extracts of reports on their work and if it would indicate the action taken as a result of the views expressed by these bodies on matters relating to labour administration. The Government is also requested to specify whether measures have been taken to secure tripartite consultation, cooperation and negotiation at the regional and local levels, and at the level of the various economic sectors, and to provide a copy of any relevant text.
Article 7. Extension of the functions of the system of labour administration to categories of workers who are not employed persons in relation to their conditions of work and working life. The Committee notes that it is envisaged to introduce into the draft revision of the Labour Code, prepared by a tripartite committee in accordance with the decision of the Minister of Labour No. 210/1 of 21 December 2000, a provision establishing that the situation of certain categories that are excluded from the scope of application of the present Labour Code, including workers engaged in family establishments, will be regulated by decree of the Council of Ministers. The Government is requested to provide information on any development in this respect, and in any event to indicate the progress made with the draft revision of the Labour Code and to provide the Office with a copy of the wording of the envisaged provision.
Article 10. Composition, status, conditions of service and material means and financial resources of the staff of the labour administration. The Committee takes due note of the information of a general nature provided by the Government on these issues. The Committee would be grateful if the Government would provide additional information on the distribution of the staff of the labour administration between the various structures, making a distinction between managerial and technical staff and those engaged in general services, as well as information on the proportion of the national budget allocated to the operation of the labour administration system.
Part III of the report from. According to the Government, no court decisions have been handed down concerning questions of principle relating to the application of the Convention. The Committee nevertheless hopes that the Government will be in a position to provide information in this respect in its next report, such as extracts of the decisions handed down by administrative, labour, criminal or civil courts relating to the settlement of individual or collective labour disputes, and on the prosecutions initiated or recommended by the labour inspectorate, and of issues relating to the status and conditions of service of the staff of the labour administration system.
Part IV of the report form. Communication of extracts from the annual report on the activities of the Ministry of Labour for 2006. Noting that, contrary to the Government’s indication, these documents have not been received by the ILO, the Committee would be grateful if the Government would provide copies of them, as well as extracts from subsequent reports.
Part V of the report form. ILO technical assistance and cooperation. The Committee notes with interest that agencies of the Ministry of Labour and the National Social Security Fund have benefited from ILO seminars and training programmes. The Government also announces the establishment of technical cooperation programmes in various fields, particularly with a view to job creation and the reduction of unemployment. The Committee would be grateful if the Government would provide information in its next report on the impact of these technical cooperation programmes in practice.