Informe definitivo - Informe núm. 294, Junio 1994

Caso núm. 1704 (Líbano) - Fecha de presentación de la queja:: 18-ENE-93 - Cerrado

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INTRODUCTION
A. The complainant's allegations
B. The Government's reply
C. The Committee's conclusions
The Committee's recommendations
Annex

135. The General Confederation of Labour of Lebanon (CGTL) presented a complaint alleging violation of freedom of association against the Government of Lebanon in a communication of 18 January 1993. In the absence of a reply from the Government, the Committee had to defer the examination of this case three times and, at its March 1994 session, issued an urgent appeal to the Government, observing that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it would submit a report on the substance of the case at its next session, even if the observations and information awaited from the Government were not received by then. The Government has sent its observations on this case in a communication dated 21 April 1994.
136. Lebanon has not ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87); it has, however, ratified the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

137. In its communication of 18 January 1993 the General Confederation of Labour of Lebanon (CGTL) alleges that a bill on trade union structure in Lebanon violates the principles of freedom of association. The CGTL transmits a copy of this Bill, the main provisions of which are reproduced in the Annex.
138. The complainant organization states that on 31 December 1992 the Ministry of Labour forwarded to it the Bill, which had been drafted by the Ministry, requesting its observations. Following some discussion, the Executive Committee of the CGTL decided to submit the Bill, as prepared by the Ministry, to the Committee on Freedom of Association and to request its opinion concerning the conformity of this Bill with the principles of freedom of association.
139. The CGTL considers that the Ministry of Labour does not have the right to draft an Act on trade union structures, inasmuch as this right is the exclusive prerogative of workers, to the exclusion of all other parties, in accordance with Articles 3 and 11 of Convention No. 87 of the ILO. It considers that questions concerning trade union structure fall exclusively to workers.

B. The Government's reply

140. In its reply of 11 April 1994, the Government indicated that the General Confederation of Labour of Lebanon had decided in 1973 to prepare a draft text on new trade union structure and had set a deadline of one year to implement its decision. Twenty years later, however, the Confederation has still not yet prepared the draft. The Ministry of Labour thus felt it necessary to prepare a draft Bill on new trade union structure with respect to the developments which have occurred within the labour and trade union framework. This draft Bill was submitted to the CGTL in due time with a request to establish a committee to discuss the draft Bill and to submit its observations. According to the Government, several meetings have been held with a committee delegated by the CGTL and thus the Ministry and the Committee were able to agree to some sections of the draft Bill, other points remaining open to discussion. The meetings were suspended for a fairly long time when the CGTL was concentrated on the preparation of elections of its executive committee which were held only a little while ago. The Government has stated that it is awaiting the names of the new members of the negotiation committee in order to continue the discussion and pursue the subject.
141. The Government reports that the Ministry, aware that the subject of trade unions, which affects most of the Lebanese society, is important, believes firmly in dialogue and in discussions to be carried out under the best conditions and therefore wanted to associate the largest number of trade union officials and competent people among magistrates and lawyers with the review of the draft Bill so that future needs relative to the subjects dealt with could be satisfied in a manner appropriate to the realities of Lebanese society.
142. The Government indicates that the sections contained in the draft Bill have been drawn from the Lebanese Constitution and applicable laws. It further states that the draft Bill may undergo changes that the Government would consider appropriate to the realities of Lebanese society. The main idea behind the draft Bill is to create a single trade union for each occupation, but any proposals derived from this principle are open to discussion as may be observed by the fact that the Ministry did not elaborate the draft Bill alone and the dialogue on the question is still open. If this had not been the case, the Ministry would have already sent the text for promulgation without consulting anyone.
143. Finally, with respect to the point raised by the CGTL, that the elaboration of a new law on trade unions is the exclusive prerogative of workers, to the exclusion of all other parties, in accordance with Convention No. 87, the Government replies that this does not apply to the situation in Lebanon because they have not ratified this Convention and that it cannot be invoked to appropriate such a right.

C. The Committee's conclusions

144. The Committee notes that this complaint concerns allegations of incompatibility between the Bill on trade union structure in Lebanon and the principles of freedom of association.
145. Noting that the Government itself has stated that the draft Bill may undergo changes, the Committee is bound to present some comments on the draft Bill in order to assist the Government and to enable it in its future work on the elaboration of the law to take into account the principles of freedom of association.
146. In the first place, as regards the allegation that the Ministry of Labour does not have the right to prepare an Act on trade union structures, and that, according to the complainant organization, decisions regarding trade union structures are an absolute right of the workers, the Committee recalls that the right of workers to set up organizations of their own choice and the right of organizations to formulate their own constitutions is a fundamental aspect of freedom of association. As the Committee of Experts on the Application of Conventions and Recommendations has indicated in its General Survey of 1994 (see Freedom of association and collective bargaining, para. 109), in order for the right of workers' organizations to draw up their own constitutions and rules to be fully guaranteed, two basic conditions must be met: firstly, national legislation should only lay down formal requirements as regards trade union constitutions; secondly, the constitutions and rules should not be subject to prior approval at the discretion of the public authorities. Therefore, in the Committee's opinion, the mere existence of legislation concerning trade unions in itself does not constitute a violation of trade union rights, since the State may legitimately take measures to ensure that the constitutions and rules of trade unions are drawn up in accordance with the law. On the other hand, any legislation adopted in this area should not undermine the rights of workers as defined by the principles of freedom of association. The Committee also recalls that overly detailed or restrictive legal provisions in this area may in practice hinder the creation and development of trade union organizations.
147. In this regard, the Committee notes the Government's indication that several meetings have been held with a committee delegated by the CGTL to discuss the draft Bill on new trade union structure and that the Minister of Labour and the above-mentioned committee were thus able to agree on some sections, other points still remaining open to discussion. It notes that the Government reports that the Ministry firmly believes in dialogue and in discussions to be carried out under the best conditions and therefore wanted to associate the largest number of trade union officials and competent people among magistrates and lawyers and that the dialogue on this subject remains open. The Committee expresses the firm hope that the Government, in accordance with the assurances provided in its reply as concerns its intention to continue to consult the organizations concerned, will take measures with a view to amending the draft Bill according to the recommendations made by the Committee below, in consultation with these organizations, so that the draft Bill confines itself to defining a general framework and leaves to the organizations the ability to define in their constitutions and rules the nature and forms of the trade union structures they wish to establish.
148. Noting also that the Government states that it is still awaiting, following the elections of the executive council of the CGTL which were held only a little while ago, the names of the new members of the negotiation committee of the Confederation in order to continue the discussion on the draft Bill, the Committee requests the complainant organization to make efforts to communicate to the Government all necessary information in this regard so that the discussions can in fact resume as quickly as possible.
149. After having examined the draft Bill to which reference is made in this complaint, the Committee notes that the provisions cited by the complainant organization, as well as other provisions of the draft Bill, raise serious problems as regards their compatibility with the principles of freedom of association. The Committee therefore proposes the following analysis of the provisions which, in its opinion, limit the trade union rights of workers in Lebanon.
150. First of all, the Committee notes that a series of provisions contain restrictions to the fundamental principle according to which workers should have the right to set up organizations of their choice, and to join these organizations. It considers that the draft Bill provides for a vertical and hierarchical trade union structure, organized at all levels by occupation or by similar or related occupations, in which higher level trade union bodies decide on the constitution of lower level bodies. Specifically, this concerns sections 1 (definitions of the various trade union bodies), 2 (composition of employee trade union structures in Lebanon), 5 (purposes of trade union bodies), 8 (constitution of trade union committees by general occupational trade unions), 10 (appointment of members of the trade union committee by the general trade union's executive committee), 14 (constitution of general occupational trade unions), 72 (constitution of sectoral occupational federations), 79 (the statutory and sole General Confederation of Employees of Lebanon) and 87 (the power of the Ministry of Labour to draw up a list defining occupations and similar or related occupations, on the basis of which authorizations to create trade union bodies will be granted).
151. Noting the Government's indication that the principle of the draft Bill is to create a single trade union for each occupation, but that all proposals derived from this principle are open to discussion, the Committee emphasizes the importance which it attaches to the fact that workers and employers should in practice be able to form and join organizations of their own choosing in full freedom (see Digest of Decisions and Principles of the Freedom of Association Committee of the Governing Body of the ILO, 3rd edition, 1985, para. 222). This implies that a situation in which an individual is denied any possibility of choice between different organizations, by reason of the fact that the legislation permits the existence of only one organization in the area in which he carries on his occupation, is incompatible with the principles of freedom of association; in fact, such provisions establish a statutory trade union monopoly. While appreciating the desire of any government to promote a strong, united and independent trade union movement, the Committee points out that it is more desirable in such cases for a government to seek to encourage trade unions to join together voluntarily to form strong and united organizations. The Committee considers that it is unacceptable to impose by legislation a compulsory unification which deprives the workers of the free exercise of their right of association and thus runs counter to the principles of freedom of association (see Digest, op. cit., paras. 226 and 224). Moreover, the Committee considers that to establish a limited list of occupations with a view to recognizing the right to associate (as provided for in section 87 of the draft Bill) is contrary to the principle that workers, without distinction whatsoever, should have the right to establish and to join organizations of their choosing (see Digest, op. cit., para. 259). The Committee therefore considers that, in order to conform with the principles of freedom of association, all the above-mentioned points should be left to the exclusive discretion of the workers.
152. As regards the requirement that the constitutions and rules of general occupational trade unions, occupational federations and the General Confederation of Employees of Lebanon should be submitted to the prior authorization of the Ministry of Labour (sections 2, paragraph 2, 14, 15 and 72, paragraph 2, of the draft Bill), the Committee recalls that a law providing that the right of association is subject to authorization granted by a government department purely in its discretion is incompatible with the principles of freedom of association (see Digest, op. cit., para. 264). Noting also that the draft Bill does not provide for any appeal to a judicial authority any refusal by the Ministry to grant the authorization, the Committee considers that the text's provisions on this point violate the principles of freedom of association.
153. The Committee also notes that several of the draft Bill's provisions undermine the free functioning of workers' organizations. A first series of provisions concerns the framing of trade union by-laws. Specifically, they provide that the by-laws of trade union organizations are not valid and cannot be modified without the authorization of the Ministry of Labour (sections 7, 15 (last paragraph) and 17 (last paragraph)); those concerning the incorporation, in the by-laws of general occupational trade unions, of a supervisory relationship with respect to trade union committees (section 16, paragraph 5); and those subjecting trade union committees in the departments to the by-laws of the general occupational trade union (section 13). In the Committee's opinion, the approval of union rules at the discretion of the competent authority or of a higher level trade union is not compatible with the generally accepted principle that workers' organizations have the right to draw up their constitutions and rules in full freedom (see Digest, op. cit., para. 266). The draft Bill should therefore be amended by deleting all provisions concerning the formulation, content, amendment and approval of constitutions and rules, other than with respect to purely formal requirements.
154. The Committee notes that other provisions in the draft Bill are incompatible with the right of workers' organizations to elect their own representatives freely: sections 10 (designation of members of trade union committees by the executive committee of the general trade union); 11 (appointment of departmental trade union committees by the council of the general trade union); 19, paragraph 2 (ineligibility of non-nationals to stand for election or be elected to trade union office); 47 (overly restrictive conditions for qualification for trade union office); 48 (limits on re-election); 49 (setting the date for elections in coordination with the Ministry of Labour); 51 and 57 (definition of a quorum and majorities); 52, 53, 56 and 59 (detailed regulation of election procedures); 54 (ministerial decision in the event that a candidature is refused); 55 (close supervision of the election by officials from the Ministry of Labour); 58 (approval of the election by the Ministry of Labour). In this respect the Committee emphasizes that the right of workers' organizations to elect their own representatives freely is an indispensable condition for them to be able to act in full freedom and to promote effectively the interests of their members. For this right to be fully acknowledged, it is essential that the public authorities refrain from any intervention which might impair the exercise of this right, whether it be in determining conditions of eligibility of leaders or in the conduct of the elections themselves. It should be left to the workers' organizations themselves to make provision, in their constitutions or rules, as to the majority of votes required for the election of trade union leaders, and any control of trade union elections should rest with the judicial authorities (see Digest, op. cit., paras. 295, 300 and 296).
155. Furthermore, the provisions which grant significant powers to the Ministry of Labour as regards the dissolution of the executive committee of a trade union and in matters regarding its succession (sections 66, 67, 68, 69, 89 and 90) also constitute, in the Committee's opinion, a violation of the principles of freedom of association. In this connection, the Committee recalls that it is essential that a decision on measures for the removal of a trade union official from office should be taken by the organization itself, in accordance with its constitution, and that measures for disqualification on legal grounds should not become applicable except on the basis of judicial procedures guaranteeing the right of defence and an impartial examination of the matter enabling due account to be taken of the right of organizations to elect their representatives in full freedom (see Digest, op. cit., para. 485).
156. On the same issue of the free functioning of organizations, and particularly as regards the right of workers' organizations freely to organize their administration and activity, the Committee notes that the following provisions of the draft Bill restrict this right, in violation of the principles of freedom of association: sections 9 (functions and attributions of trade union committees as defined by the general occupational trade union); 27, paragraph 2 (discretionary power of the labour inspector to examine the records of a trade union); 32 and 33 (restrictions to the financial administration of trade unions); 34 (control by the sectoral occupational federation, the General Confederation of Employees of Lebanon and the Ministry of Labour of the financial administration of trade unions); 35, 77 and 86 (obligation of the trade unions to turn over to higher level trade unions a certain percentage of their income, under penalty of dissolution); 38 to 43 (detailed regulations concerning the general assemblies of trade unions); 45 (the possibility of challenging the decisions taken by the general assembly or executive committee of a trade union by appealing to the Ministry of Labour, which shall rule on the matter); 60 to 63 (detailed regulation of the functioning of the executive committee of a trade union); 73 and 74 (composition of the executive committee and general assembly of occupational federations); and 80 to 82 (composition of the executive committee and general assembly of the General Confederation of Employees of Lebanon). The Committee recalls that freedom of association implies the right of workers and employers to organize their administration and activities without any interference by the public authorities (see Digest, op. cit., para. 319). The Committee also draws the Government's attention to what the Committee of Experts has stated in this connection: "Legislative provisions which regulate in detail the internal functioning of workers' and employers' organizations pose a serious risk of interference by the public authorities. Where such provisions are deemed necessary by the public authorities, they should simply establish an overall framework in which the greatest possible autonomy is left to the organizations in their functioning and administration. Restrictions on this principle should have the sole objective of protecting the interests of members and guaranteeing the democratic functioning of organizations. Furthermore, there should be a procedure for appeal to an impartial and independent judicial body so as to avoid any risk of excessive or arbitrary interference in the free functioning of organizations." (See Freedom of association and collective bargaining, op. cit., para. 135.)
157. In the Committee's opinion, section 91, pursuant to which the Minister may annul decisions concerning the creation of trade union bodies, is incompatible with the principle according to which workers' organizations should not be subject to suspension or dissolution by administrative authority. The Committee emphasizes that the dissolution and suspension of trade union organizations constitute serious forms of intervention by the authorities in the activities of the organizations, and should therefore be accompanied by all necessary judicial guarantees. These may be ensured by means of normal judicial procedures, which should, moreover, have a restraining effect. Concerning the distribution of trade union property in the event of dissolution, its assets should be used for the purposes for which they were acquired (see Digest, op. cit., paras. 488, 491, 493, 496 and 504).
158. The Committee notes that the right of organizations to create their federations and confederations in full freedom is also restricted by the draft Bill. The Committee therefore refers to the conclusions formulated above concerning trade union structure. Moreover, it notes that, under the Bill, any dispute concerning the affiliation of a lower level trade union to a higher level trade union will be settled by the Ministry of Labour, whose decision shall be binding for both parties (sections 4, paragraph 2, and 76), and that the free functioning of federations and of the General Confederation of Employers of Lebanon is restricted by the draft Bill's provision that these organizations are governed by the same provisions which apply to trade unions (sections 78 and 85). In this respect the Committee recalls that the Committee of Experts has stated that, in order to defend the interests of their members more effectively, workers' organizations should have the right to form federations and confederations of their own choosing, which should themselves enjoy the various rights accorded to first-level organizations, in particular as regards their freedom of operation, activities and programmes (see Freedom of association and collective bargaining, op. cit., para. 198).
159. Specifically, the Committee requests the Government to take into account the above conclusions, in order to amend the draft Bill on trade union structure in Lebanon as required, in consultation with the trade union organizations concerned, and to bring it into conformity with the principles of freedom of association. It requests the Government to keep it informed of all developments in the situation and, in particular, to transmit to it any new bill which may be drafted, or any text which may be adopted.
160. In this connection, the Committee reminds the Government that it can request technical assistance from the International Labour Office in the preparation of the Bill with a view to ensuring its full conformity with the principles of freedom of association.

The Committee's recommendations

161. In the light of the foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
- (a) Recalling that overly detailed or restrictive legal provisions in this area may in practice hinder the creation and development of trade union organizations, the Committee expresses the firm hope that the Government, in accordance with the assurances given in its reply with respect to its intention to continue to consult the organization's concerned, will take measures with a view to amending the draft Bill on trade union structure in Lebanon as recommended by the Committee in its conclusions, in consultation with these organizations, so that the draft Bill confines itself to defining a general framework and leaves to the organizations concerned the ability to define in their constitutions and rules the nature and forms of the trade union structures they wish to establish.
- (b) The Committee requests the complainant organization to make efforts to communicate to the Government all necessary information concerning the names of new members of its negotiation committee so that the discussions on the draft bill can in fact resume as quickly as possible.
- (c) The Committee draws the Government's attention to the fact that many provisions of the draft Bill are not in conformity with the principles of freedom of association.
- (d) The Committee requests the Government to prepare a new draft Bill taking into account the comments formulated in its conclusions and reminds the Government that it may avail itself of technical assistance from the ILO to prepare this draft with a view to ensuring its full conformity with the principles of freedom of association.

Annex

Draft bill on trade union structure in Lebanon
(text provided by the complainant organization)
Title I. General provisions
Chapter I. Definitions
Section 1. In the application of this Act, the following terms shall have the
meaning given below:
(a) The trade union committee is the trade union organization for employees in
the same occupation or in similar or related occupations in the same
department.
(b) The general occupational trade union is the trade union organization of
employees in the same occupation or a group of similar or related occupations
at the national level.
(c) The sectoral occupational federation is the trade union organization of a
group of general occupational trade unions which are similar or related at the
national level.
(d) The General Confederation of Employees of Lebanon is the trade union
organization of employees at the national level.
(e) The department is the geographical area as established by the
administrative division of the country.
(f) The regulatory decree is the decree issued on the proposal of the Minister
of Labour for the application of this Act.
(g) The ministerial order is the order issued by the Minister of Labour on the
proposal of the Director-General of the Ministry for the application of the
provisions of this Act.
(h) The by-laws are the regulations established by the trade union bodies in
accordance with the provisions of this Act, which define the functions and
responsibilities of the body in question and its council, its relations with
the other bodies which make up the trade union movement, as well as any other
matter considered useful by the body in achieving its goals, provided that it
is not detrimental to public order and contrary to the provisions of this Act.
Section 2. The trade unions of employees in the Republic of Lebanon shall be
structured as follows:
(a) the trade union committee of the department;
(b) the general occupational trade union for a single occupation or a group of
similar or related occupations;
(c) the sectoral occupational federation;
(d) the General Confederation of Employees of Lebanon.
The general occupational trade unions, the sectoral occupational federations
and the General Confederation of Employees of Lebanon may be set up only after
authorization by the Minister of Labour.
...
Section 4. Membership in the bodies mentioned in section 2 of this Act is
voluntary. A member may withdraw at any time. A body may withdraw from the
higher trade union body when it wishes, with the exception of the trade union
committees in the departments.
The membership of an employee in trade union committees or general
occupational trade unions may not be impeded or refused, and neither may be
the affiliation of a trade union body to a higher trade union body be impeded
or refused, except if the position of the candidate is illegal and contrary to
the provisions of this Act. Any dispute in this respect shall be settled by
the Ministry of Labour by means of a decision binding on the two parties.
Section 5. The purpose of the trade union bodies mentioned in this Act is to
protect the occupation or the similar or related occupations, to unite action
by workers in the occupation, to protect their interests and to defend their
rights, to improve the level of their occupational and trade union awareness
and to develop their production capacities and to improve their economic and
social security. They shall engage in dialogue amongst themselves to promote
homogeneity and harmony in labour relations, ensure social peace and support
the public authorities in the establishment of social and economic policy.
...
Section 7. Each trade union body shall draw up its by-laws adopted by an
extraordinary general assembly by a majority of two-thirds of the members of
the general assembly in its first meeting and an absolute majority in the
other meetings.
These by-laws shall come into effect only after approval by the Ministry of
Labour.
Any amendments to the by-laws must follow the same procedure.
Title II. The trade union bodies of employees
Chapter I. The trade union committees in the departments
Section 8. Any general occupational trade union may set up only one trade
union committee in each department provided the number of members of the trade
union in the said department is not less than 50 members.
Section 9. The trade union committee shall have the functions and executive
attributions established by the general occupational trade union.
...
Section 10. The trade union committee shall be composed of no less than six
and no more than ten members depending on the number of trade union members.
They shall be appointed by the executive committee of the general trade union
for a period of three years.
Section 11. The council of the trade union shall appoint the trade union
committees of the departments and establish the functions and responsibilities
of each member. The committee shall have a president, a secretary-general and
a treasurer.
...
Section 13. The trade union committees in the departments shall be regulated
by the provisions of the by-laws of the general occupational trade union,
except as established by special provisions in this chapter.
Chapter II. The general occupational trade union
Conditions for authorization and membership
Section 14. The employees of all categories of occupations may obtain
authorization to establish a single general occupational trade union at the
national level which shall have legal personality and the right to go to
court, provided that the number of its members is not less than 300 members.
This trade union may not include persons from different occupations, and all
its members must exercise the same occupation or similar or related
occupations.
Section 15. The authorization procedure is as follows:
(a) the founders of the trade union, who must be practising members of the
occupation, must present a written request to the Ministry of Labour informing
it of their intention to establish a trade union according to the provisions
of section 14 of this Act;
...
Within one month from the date of the registration of this letter in the
Ministry, the latter must examine the letter and its enclosures to ensure that
the conditions prescribed by this Act are met. If these conditions are met,
the matter shall be referred to the Ministry of Labour for authorization or
refusal.
Section 16. The constituent act of the trade union must necessarily contain
the following information:
...
(5) The trade union committee in the departments, their functions and powers,
method of ensuring coordination with the trade union committee, nomination
regulations, method of control, sanctions, etc.;
...
Section 17. ...
This constituent act shall be considered as the by-laws regulations of the
trade union which shall become binding following approval by the Ministry of
Labour.
Section 18. In addition to the special conditions mentioned in the current
by-laws, any candidate for membership in a trade union must:
(1) be at least 18 years old;
(2) exercise the occupation at the time of the application for membership.
Membership may be in only one trade union;
(3) be of Lebanese nationality and in possession of civil rights;
(4) not have been sentenced for a crime or as a result of a dishonourable
criminal act;
(5) not be of the statutory age for retirement applicable in the occupation in
question.
Section 19. Foreigners duly authorized to work in Lebanon may join the trade
union of their occupation if they meet the special conditions of the by-laws
and the conditions mentioned in subsections 1, 2, 4 and 5 of section 18 of
this Act.
However, foreign members may not be candidates or be elected. They may
delegate one of their members to represent and defend them in the trade union
council.
...
Section 27. ...
The labour inspector may, with the authorization of the competent
administration in the Ministry, examine the records of the trade union and
make a report.
...
The finances of the trade union
Section 32. The funds of a trade union may be allocated or used only for the
purpose for which the trade union has been set up. In particular, the
executive council of the trade union may:
- contract a debt or accept a gift or legacy or subsidies only with the
agreement of the general assembly and the Ministry of Labour;
- invest funds in financial, commercial, real estate or industrial affairs
only with the agreement of the general assembly and the Ministry of Labour.
...
Section 33. The trade union must deposit its funds in a bank appointed by its
executive council and inform the trade union service in the Ministry of Labour
of the name of this bank within one week of the date of its designation.
...
Section 34. The trade union is a legal entity with the right to dispose of its
funds within the limits of the general regulations of law and this Act.
However, the sectoral occupational federation to which the trade union belongs
shall have the right to inform itself on the manner in which the trade union
uses its funds with a view to ascertaining whether this expenditure is within
the limits of the law. Where necessary, the federation may draw the attention
of the executive council of the trade union to what it believes to be an
infringement. If this council does not accept its proposals or observations,
it may use the powers set forth in section 66 of this Act with the obligation
to notify the Ministry of Labour.
In the case of trade unions which are not members of the sectoral occupational
federation, the above-mentioned financial control shall be exercised by the
General Confederation of Employees of Lebanon and the Ministry of Labour.
Section 35. The trade union shall pay the higher trade union bodies a certain
percentage of its income as an annual contribution according to the following
schedule:
- 15 per cent of effective annual income to its trade union committees in the
departments;
- 20 per cent of its effective annual income to the sectoral occupational
federation to which the trade union belongs;
- 15 per cent of its effective annual income to the General Union of
Employees.
The failure to observe the provisions of this section shall constitute a
serious infringement justifying the request for the dissolution of the
recalcitrant executive council under the provisions of section 66 of this Act.
...
The general assembly
...
Section 38. The general assembly shall hold an ordinary meeting at least once
a year on the convocation of the executive council of the trade union. The
president, by decision of the executive council, may convene an extraordinary
meeting when necessary, or following a written request with reasons and signed
by at least two-thirds of the members of the general assembly, within one
month of the date of reception of the request.
In this case, if the executive council refrains from issuing a convocation,
the sectoral occupational federation to which the trade union belongs may, as
well as the Ministry of Labour, issue this convocation provided that it is
preceded by a warning to the recalcitrant body granting it a period of at
least 15 days to act.
Section 39. The meetings of the general assembly are valid only if attended by
at least half of the fully paid up members of the trade union. If the quorum
is not attained, the meeting shall be postponed for a maximum of 15 days and
the second meeting shall be valid irrespective of the number of members
present.
Section 40. The president of the executive council of the trade union shall
draw up an agenda for the general assembly and post it up at the headquarters
of the trade union 15 days before the date of the meeting, indicating the
place and date of the meeting. A copy shall be sent to the Ministry of Labour.
The general assembly shall examine the items placed on its agenda.
Section 41. The meetings of the general assembly shall be chaired by the
president of the executive council of the trade union, with the
secretary-general having the responsibility of preparing the minutes. If the
subjects discussed concern the exclusion of one or more members of the trade
union council or the dissolution of this council, the general assembly shall
choose amongst the members present a person to chair the meeting and another
to act as secretary-general. In this case, there must be a quorum of
two-thirds of the members of the general assembly in the first meeting and an
absolute majority in the other meetings.
Section 42. The decisions of the general assembly shall be taken by absolute
majority of its members. Decisions concerning the approval of the by-laws or
their amendment, the exclusion of one or more members of the executive council
of the trade union, the dissolution of the said council or the dissolution of
the trade union shall be taken by a two-thirds majority vote of the members in
the first meeting and an absolute majority vote in the other meetings.
Section 43. The resolutions of the general assembly shall be applicable to all
members of the trade union. Each member of the general assembly has only one
vote and no proxy votes will be accepted either for attendance or adoption.
...
Section 45. All the decisions of the general assembly must be notified to the
Ministry of Labour and the sectoral occupational federation to which the trade
union belongs within 15 days following their adoption. Each member shall have
the right to challenge the decisions of the general assembly or the decisions
of the executive council of the trade union with the Ministry of Labour within
a period of 15 days following the date of the resolution. The Minister shall
make issue a ruling within a maximum period of one month following the date on
which the objection is registered.
The administration of the trade union
...
Section 47. In addition to the general conditions of membership established by
this Act, a member of the executive committee must:
(1) be in possession of his civil rights and not have been sentenced for a
crime or attempted crime or a dishonourable offence. Theft, embezzlement,
abuse of confidence, issuing of cheques without cover, misappropriation of
funds, corruption, rape, forgery and the use of forgeries, false witness,
perjury, as well as offences involving narcotics and morals, shall be
considered as dishonourable offences;
...
Section 48. The executive council of the trade union shall be elected for
three years by secret ballot. A member may stand for re-election at the end of
a term. In the event of the dissolution of the executive council, the
president and the members of the council may not be re-elected for the
following term. This prohibition does not apply to the members who, according
to the text of the decision, opposed the measures which resulted in the
resolution.
Section 49. The general assembly shall elect by secret ballot the executive
council of the trade union at the request of the constituent assembly during
the period fixed in the order authorizing the establishment of the trade union
...
The date of the election shall be fixed in consultation with the Ministry of
Labour and shall be notified to the members of the trade union at least 15
days before the date of the election.
The election notification shall include the date and place of the vote, the
time at which the vote shall begin and end, the date by which candidatures
must be presented, i.e. three days before the date of the election. This
notification shall be posted up in the headquarters of the trade union and in
the headquarters of the trade union committees in the departments and shall be
published in two local, large-circulation daily newspapers.
If the executive committee or the constituent assembly fails to call
elections, the sectoral occupational federation to which the trade union
belongs may, as well as the Ministry of Labour, may do so provided that it is
preceded by a warning given to the recalcitrant body granting a period of at
least 15 days for it to act.
...
Section 51. The quorum required for the election is half the members of the
general assembly plus one in the first election. If the quorum is not
achieved, the election shall be postponed for a period of between seven and 15
days, and the second round shall be valid irrespective of the number of
members present. In this case no new candidatures shall be accepted.
Section 52. The executive council of the trade union shall draw up a list in
three copies of the names of the members of the general assembly who are
entitled to vote, no later than three days before the date of this vote. The
seal of the trade union shall be affixed to the three copies which must be
signed by the president and the treasurer. One copy shall be given to the
trade union service in the Ministry of Labour, a second to the members of the
election committee and a third to the trade union council for display in a
visible place. The three copies must certify that all the persons mentioned on
the list are paid up members.
Section 53. Candidatures for the executive council of the trade union shall be
open as soon as the general assembly has taken a decision to hold an election.
Candidatures shall be presented to the constituent committee or the council of
the trade union and a receipt shall be delivered to the candidates. No
candidature shall be accepted later than three days before the election.
Candidatures should include a copy of the police record of the candidate
issued within the last month and a certificate that the candidate continues to
exercise the occupation, with account being taken of the provisions of
sections 18, subsection 5, and 47 of this Act.
Section 54. The names of the candidates shall be posted up in the headquarters
of the trade union and sent to the Ministry of Labour. A candidate whose
candidature is refused may lodge an appeal, with reasons adduced, with the
Ministry of Labour before the closing of candidatures. The Minister shall
issue a ruling before the date of the elections.
Section 55. The holding of the election will be supervised by a voting
committee composed of one or more delegates of the Ministry of Labour, a
member appointed by the council of the trade union and a member for each
category of the candidates, provided that the number of members of the
committee does not exceed six. If the trade union council or the candidates do
not appoint their representatives, the representatives of the Ministry of
Labour shall be responsible for supervising the elections along with observers
which they shall choose from the members of the general assembly.
Section 56. The voting committee shall count the votes and prepare a report
containing the names of the candidates and their objections if applicable. The
report shall be signed in two copies, the original of which shall remain with
the representative of the Ministry of Labour and the second copy with the
voting committee. Any absence of signature must be mentioned in the report.
Section 57. The candidate obtaining the relative majority of votes of the
voting members shall be declared elected. In the event of ex aequo, the
election shall be repeated only between the candidates placed ex aequo within
a period of one week. In the event of a new ex aequo, the oldest candidate
shall be declared elected.
Section 58. Any objection to the elections shall be made to the Ministry of
Labour within the seven days following the elections, and no objection shall
be accepted after this date. In all cases the election shall be final only
after approval by the Ministry of Labour.
Section 59. In the event of the vacancy of one or more seats on the executive
council of the trade union for any reason, the council shall continue to sit
as long as the number of remaining members is more than half. The council may
complete the number of its members by the non-elected candidates who obtained
the largest number of votes at the last election organized by the trade union.
The new member shall serve for the remainder of the term of the former member.
Section 60. The new executive council of the trade union shall meet within 15
days following the announcement of the results to elect its officers, composed
of a president, a secretary-general, a treasurer and advisors. These officers
must inform the Ministry of Labour of the names of the new officers and their
trade union functions, within 15 days of the date of their election for
approval by the Ministry. The sectoral occupational federation to which the
trade union belongs must be informed of the composition of the officers.
Section 61. The executive council of the trade union shall meet on the
convocation of the president and under his chairmanship, or that of the
vice-president in the event of his absence, or under the chairmanship of the
secretary-general if both are absent.
The meetings of the executive council shall be valid only if attended by half
the members plus at least one. If the quorum is not achieved at the meeting,
the meeting shall be postponed for a week and will be valid if half the
members of the council are present. The decisions shall be taken by relative
majority of members present. In the event of a tie, the president shall have
the casting vote.
Section 62. The executive council of the trade union shall meet at least once
a month, and the president may convene it if he deems necessary or at the
request of one-third of the members.
Section 63. A member of the council of the trade union shall be considered as
having resigned if he is absent for three consecutive meetings to which he had
received written convocations and in the absence of any other legal cause.
This fact must be mentioned in the final convocation sent to the member and
noted in the report of the meeting. The council shall take the decision of
excluding the member after having convened him in writing for an explanation.
...
Section 66. If the executive committee fails in its duties or carries out an
act which is not within its powers or deviates from the objective for which
the trade union was established, it may be dissolved by the general assembly.
The request for dissolution shall be made in a letter signed by one-third of
the members of the general assembly and addressed to the executive council.
The latter must convene the general assembly to a public meeting to discuss
and decide the matter. If it refrains from sending the convocation within 15
days following the date on which the request is received, the sectoral
occupational federation may, as well as the Ministry of Labour, convene this
meeting of the general assembly.
Section 67. If the general assembly does not take the step mentioned in the
previous section, the Ministry of Labour shall rapidly examine the matter and
present its conclusions within a maximum period of three months to the
Ministry of Labour for the appropriate decision.
Section 68. If the general assembly or the Ministry of Labour decides to
dissolve the executive committee, the body which ordered the dissolution shall
appoint a provisional committee to manage the trade union, pending the
election of a new executive council. This decision shall be notified to the
Ministry, the sectoral occupational federation and the General Union of Trade
Unions of Employees. The committee shall call elections for a new executive
council within 15 days following the decision to dissolve. If this is not
done, or if it is impossible for it to do so, the Ministry may call elections
within 15 days of the expiry of the period of time granted to the provisional
management committee.
Section 69. The president and the members of the dissolved executive committee
are required to return all papers, documents and funds of the trade union to
the committee responsible for its management, subject to prosecution for abuse
of confidence before the competent authorities.
...
Chapter III. Sectoral Occupational Federation
Section 72. The sectoral federal federation is the occupational trade union
organization of a group of general occupational unions which are similar or
related at the national level.
This federation is established by at least three general occupational trade
unions which are similar or related and following an order by the Ministry of
Labour.
Section 73. The by-laws of the federation shall fix the membership rules and
the number of the members of its executive council which must not be less than
ten members or more than 20 members. Each trade union shall be represented by
at least one member.
Section 74. The general assembly of the federation shall be composed of
members of all the executive councils of the affiliated trade unions. The
by-laws of the federation shall fix the percentage of representation of each
member trade union in the executive council of the Federation.
...
Section 76. In the event of a refusal to accept the affiliation of a trade
union to the federation or the exclusion of a trade union which is already
affiliated, the trade union in question may appeal to the General
Confederation before placing the matter before the Ministry of Labour for the
appropriate decision.
Section 77. The resources of the sectoral occupational federation shall
comprise the percentage assigned to it from the resources of the member trade
unions, as prescribed by section 35 of this Act, and any other resources for
which provision is made in section 31, as well as allowances from the General
Confederation of Employees of Lebanon to cover its expenditure. The sectoral
occupational federation shall have a special financial system established by
its general assembly and for which provision is made in its by-laws.
Section 78. The sectoral occupational federation, its general assembly and its
executive council shall be regulated by the same conditions which apply to
occupational trade unions, their general assembly and their executive council,
except as provided by special provisions in this chapter concerning each of
these bodies.
Chapter IV. General Confederation of Employees of Lebanon
Section 79. The General Confederation of Employees of Lebanon is the trade
union organization of employees in Lebanon. It shall be considered by the
authorities as the most representative organization of employees in Lebanon.
It shall be composed of sectoral occupational federations and trade unions
which do not have a sectoral occupational federation.
Section 80. The general assembly of the General Confederation shall be
composed of the members of the executive councils of the occupational
federations of the different sectors as well as members of the executive
councils of the member trade unions of the union which do not have a sectoral
occupational federation.
The by-laws of the General Confederation shall fix the membership rules of
these representatives and their number for each sectoral federation and trade
union with account being taken of the number of members of each sectoral
federation and each trade union.
Section 81. The General Confederation shall be managed by an executive council
the number of members of which shall be established in the by-laws provided
that it is not less than the number of sectoral federations and member trade
unions. The executive council shall be elected for three years by secret
ballot by the general assembly, and each sectoral occupational federation and
each trade union shall be represented on the executive council in accordance
with the by-laws of the union.
Section 82. In the event of the vacancy of a seat on the executive council of
the General Federation for any reason, the general assembly shall be convened
in an extraordinary session to elect a member of the sectoral federation or
the trade union which held the vacant post.
...
Section 85. The General Confederation of Employees, its general assembly and
its executive council shall be regulated by the same provisions which apply to
the general occupational trade union, its general assembly and its executive
council, except as regards matters regulated by special provisions in this
chapter concerning each of these two bodies.
Section 86. The resources of the General Confederation shall comprise the
percentage allocated to it under section 35 of this Act as well as other
resources for which provision is made in section 31.
Chapter V. Transitional and final provisions
Section 87. By order of the Ministry of Labour, a table defining the
occupations and similar or related occupations on the basis of which
authorizations for the establishment of trade unions bodies shall be issued
shall be annexed to this Act.
...
Section 89. In the event of the dissolution of an executive council of a trade
union body by the Ministry of Labour in accordance with the provisions of this
Act, the Minister shall entrust the Director of the General Department of
Labour and Occupational Relations in the Ministry of Labour with
responsibility for the purely administrative affairs which lay within the
competence of the dissolved council pending the election of a new body. The
Director shall also carry out the tasks performed by the said council
concerning elections and recourse may be had to officials of the Ministry to
carry out the necessary tasks.
Section 90. In the event of the dissolution of a council, the Ministry of
Labour must take the following measures:
(a) notify the bank in which the council's funds are deposited to refrain from
making any payment to the president or the members, irrespective of the amount
of such payment;
(b) inform the Ministry of the Interior (Internal Security Forces) of the
decision respecting dissolution;
(c) inform the president of the council and the higher trade union body, by
administrative communication, of the decision to dissolve or to post-up this
decision in a visible place at the headquarters of the council and in the
Ministry of Labour;
(d) instruct a labour inspector or a judicial police officer to seize the
documents and registers of the council in the presence of one of the council
members or another member and in the presence of a member of the service
responsible for public order or the Mayor, if necessary.
An inventory report shall be drawn up in two copies, the first of which shall
be placed in the file of the council at of the Ministry of Labour and the
second given to the parties concerned. The new council shall take its
functions under the provisions of this report.
Section 91. The Ministry of Labour, under the provisions of this Act, shall
have the right to annul the decision to set up trade union bodies and to
entrust the Director of the General Department of Labour and Occupational
Relations with taking the necessary steps set forth in the previous section.
The General Department of Labour and Occupational Relations shall fix the
seals on the doors and post up a copy of the decision to annul on the outside
door and publish it in the Official Gazette.