Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Liban (Ratification: 1977)

The Committee notes the Government's report.

1. Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and acts of interference. While noting in its previous report that workers and members of trade union committees were protected against dismissal for trade union activities (paragraphs (d) and (e) of section 50 of the Labour Code), the Committee had recalled that the protection provided for in Article 1 covered not only dismissal but all other discriminatory measures both at the time of taking up employment and in the course of employment (transfers, demotions or other prejudicial acts). It also requested the Government to adopt measures providing for effective and sufficiently dissuasive sanctions, to protect workers' organizations against all acts of anti-union discrimination and to protect workers' and employers' organizations from acts of interference against each other.

The Committee notes that the Government refers to the wording of the draft amendment to section 12 of the Labour Code, which provides protection against any discriminatory measure taken in the employment of workers "for reasons of trade union membership or not". The Committee notes the Government's statement that a parliamentary committee is examining the amendment to the Labour Code and that this body will take due note of the Committee's comments. The Committee requests the Government to ensure that the protection by its amendments covers all the relevant points in Articles 1 and 2 of the Convention.

2. Article 4. Excessive constraints on the right to collective bargaining. The Committee had considered excessive the requirement that a union cover more than 60 per cent of the workers of the undertaking in order to be able to bargain and that the draft collective agreement be approved by two-thirds of the general assembly of unions party to it (sections 3 and 4 of Decree No. 17386/64).

The Committee notes, from the Government's report, that it intends to lower the percentage of representation required for collective bargaining from 60 to 51 per cent. The Committee also notes that the parliamentary committee will study the possibility of further lowering the percentage. In this connection, the Committee must stress that, when no union holds a majority, the unions should be granted the right to bargain collectively, at least on behalf of their own members. The Committee therefore hopes that the Government will ensure that the new legislation gives full effect to Article 4 by lowering both percentages actually in effect substantially more than contemplated by the draft amendment to the Labour Code.

3. Article 6. Right of collective bargaining in the public sector and in the public service. The Committee notes that, according to the Government, under Decree No. 2952 of 20 October 1965, the use of compulsory arbitration in collective bargaining is restricted to three public sector enterprises (port administration, mixed public/private tobacco enterprise and Radio Orient). The Committee recalls that recourse to compulsory arbitration in these three sectors may only be made on request by both parties.

In addition, the Committee notes that, according to the Government, the workers governed by Decree No. 5883 of 1994 do not enjoy the right to collective bargaining. In view of the fact that these workers are not public servants in the administration of the State, the Committee considers that, according to the Convention, they should enjoy the right of collective bargaining.

4. The Committee again requests the Government to ensure that the amendments needed on all the points mentioned should be made to the labour legislation so as to bring it into conformity with the requirements of the Convention and to keep it informed on all progress achieved in this field. Finally, the Committee notes that the text of Legislative Decree No. 112 of 1959 issuing the public service regulations is not included in the report.