Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el derecho de sindicación y de negociación colectiva, 1949 (núm. 98) - Líbano (Ratificación : 1977)

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL) received with the Government’s report, which refer to matters addressed in the present comment.

2015 and 2016 observations of Education International. Wage increases through collective bargaining in the education sector. In its previous comments, the Committee had encouraged the Government to continue promoting collective bargaining to enhance the working conditions of teachers.

The Committee notes that the Government indicates that negotiations by trade unions led to a wage increase to US$600 per month in the public sector, and an increase in pensions in the private sector to 18 million Lebanese pounds (around US$200), both of which remain insufficient. The Committee further notes the CGTL’s observation that wages should be negotiated with economic bodies to improve the salary basis which remains grossly low. Welcoming the information provided by the Government on the wage increase for public sector professors and pensioners in private education through negotiations with unions and associations, the Committee once again encourages the Government to continue to promote and strengthen collective bargaining, in law and in practice, to improve the working conditions of teachers in public and private sectors.

Legislative amendments. Review of the Labour Code. The Committee had previously noted that a draft Labour Code was submitted to the Cabinet of Ministers in 2022 after consultations with employers and workers and that, according to the Government, one of its objectives was to address the issues raised by the Committee. The Committee notes the Government’s indication that the draft Labour Code remains unapproved due to successive political, economic and social crises and that the draft law should be referred to the Cabinet of Ministers again once the new Government is formed. The Committee requests the Government to continue providing information on any developments on the adoption of the draft Labour Code and hopes the legislative reform will take its comments into consideration.

Scope of application of the Convention. Domestic workers. In its previous comments, the Committee noted the Government’s indication that the draft Labour Code proposed to amend sections 7 and 8 of the Labour Code to make foreign and Lebanese domestic workers alike subject to its provisions. It also observed that the procedures in force to address violations of domestic workers’ individual rights did not refer to the possibility to join organizations and be represented by them. The Committee notes that the Government indicates that section 228 of the draft Labour Code read with section 229 allows foreigners who are licensed to work and reside in Lebanon to join a trade union as long as they are practising their profession at the time of submitting their application to join the trade union, have reached 18 years of age and have not been convicted of a felony or a heinous misdemeanour, but prohibit foreign workers from running for trade union elections. The Committee further takes note of the CGTL’s observation that domestic workers should be included in the proposed draft Labour Code.

The Committee takes due note of the inclusion of sections 228 and 229 in the draft Labour Code allowing foreign workers to join trade union organizations of their choosing and to engage in collective bargaining. The Committee observes however that: (i) the legal incapacity of foreign workers to hold office in trade unions, even after a reasonable period of residence in the host country, may constitute an obstacle to the autonomous exercise of the rights recognized by the Convention, in particular the right to collective bargaining; and (ii) it has always emphasized the need to guarantee that minors who have reached the minimum legal age for admission to employment, both as workers and as apprentices, can exercise their trade union rights. In view of the above, the Committee requests the Government to ensure that the new Labour Code, once adopted, guarantees the trade union rights of domestic workers, both Lebanese and foreign, so that they can fully exercise their right to collective bargaining as enshrined in the Convention. The Committee also requests the Government to take all necessary measures to ensure the enjoyment of these rights in practice, and once again requests the Government to provide information in this regard, including the names of relevant workers’ organizations and the number of collective agreements concluded with domestic workers.

Articles 4 and 6 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee observed, on the basis of the draft Labour Code submitted by the Government, some issues of compatibility with the Convention, such as control by the authorities of the subject of collective bargaining previously agreed to by the parties (section 106), excessive quorum requirements for the validation of collective agreements (section 110) and the extension of collective agreements (sections 118 and 121). Noting that the Government has not clarified the issues raised by the Committee in its previous comment, the Committee reiterates its request to the Government to engage in further consultations with the social partners to ensure that all provisions of the draft Labour Code, including those on collective bargaining, are in line with the Convention. Recalling the importance granted to the involvement of workers and employers in the process of extension by Paragraph 5(2)(c) of the Collective Agreement Recommendation, 1951 (No. 91), the Committee requests the Government to provide clarification on the concerns raised in relation to the extension of collective agreements and to provide further information on the special provisions and penalties regulating violations of collective agreements, referred to by the Government (section 128 of the draft Labour Code). The Committee reminds the Government that it may avail itself of ILO technical assistance in this regard.

Excessive restrictions on the right to collective bargaining. The Committee recalls that, based on the rules still in force in the country (sections 3 and 4 of Decree No. 17386/64 according to which employees’ representatives must have the approval of at least 60 per cent of the Lebanese workers concerned to be able to negotiate and that a collective agreement must be approved by two-thirds of the general assembly of trade unions party to the agreement), it has for many years been requesting the Government to ensure that a trade union which fails to secure an absolute majority is not denied the possibility of negotiating on behalf of its own members.

In its last comment, the Committee also noted the Government’s indication that, under sections 108 and 110 of the 2022 draft Labour Code: (i) the discussion, amendment or cancellation of a collective agreement (but not its renewal without change) require workers’ representatives to obtain the mandate of at least 51 per cent of members of the body; and (ii) the approval of a collective agreement by a two-thirds majority of the participants in a general meeting of the body is required, which brings together at least half of its members and associates.

With regard to article 108 of the draft Labour Code, the Committee requests the Government to clarify whether: (i) the vote referred to concerns only workers who are members of the trade union organization ready to enter into negotiations; (ii) this provision is also likely to apply to trade unions covering several undertakings or to sectoral trade unions; and (iii) article 108 applies to any trade union organization regardless of the percentage of workers in the bargaining unit who are members of it. The Committee also reiterates that article 110 should be amended so as not to impede the promotion of collective bargaining and not to hinder the autonomy of trade union organizations in this respect. The Committee requests the Government to provide information on any progress in this respect.

Right to collective bargaining in the public sector and the public service. The Committee previously noted the Government’s indication that section 15 of the draft Labour Code provided that employers and workers at all establishments of all kinds are subject to the Labour Code and that public servants are subject to their own system or special staff regulations. The Committee notes the Government’s indication that section 14 of the draft Labour Code specifies the categories excluded from its scope, including public servants, salaried employees and contractors in public administrations, public administrative institutions, members of armed forces and educational bodies prescribed by their applicable regulations. The Committee recalls that all workers in the public sector who are not engaged in the administration of the State (such as employees in public enterprises, municipal employees and those in decentralized institutions, teachers in the public sector and personnel in the air transport sector) are covered by the Convention (see the 2012 General Survey on fundamental Conventions, paragraph 172) and the right of such workers to bargain collectively should therefore be recognized. The Committee requests the Government to take all necessary measures to ensure that, either through the new Labour Code, when adopted, or through other pertinent normative instruments, public sector workers not engaged in the administration of the State are able to enjoy their right to collective bargaining and requests the Government to provide information on the exercise of this right in practice by public sector workers.

Compulsory arbitration. In its previous comments, the Committee noted that Decree No. 13896 of 2005, replacing Decree No. 2952 of 1965, provided that all private and public sector investment enterprises charged with managing a public facility on behalf of the State or privately would be subject to section 47(a) of the Law of Collective Labour Contracts, Mediation and Arbitration (put into effect by Decree No. 17386 of 1964), imposing arbitration if mediation fails. The Committee notes the Government’s indication that: (i) Decree No. 13896 of 2005 remains applicable for the resolution of disputes in certain institutions, namely, all public and private institutions of an investment nature entrusted with the management of a public facility for the benefit of the State or on its own; (ii) section 183 of the draft Labour Code of 2022 provides that arbitration and mediation shall be free and voluntary; and (iii) section 193 of the draft Labour Code of 2022 provides for recourse to arbitration if necessary when no agreement is reached. The Committee notes that the Government indicates that sections 197 and 202 of the draft Labour Code also provide for recourse to arbitration if mediation fails, but that in practice, no arbitration committee has been formed and that mediation is relied on in the majority of cases. The Committee further notes that sections 197 and 202 of the 2022 draft Labour Code do not seem to request the agreement of the two parties to have the dispute submitted to arbitration. Recalling once again that compulsory arbitration if parties have not reached an agreement is generally contrary to the principles of collective bargaining and is acceptable only in cases of: (i) essential services in the strict sense of the term; (ii) disputes involving public servants in the administration of the State; (iii) a deadlock after protracted and fruitless negotiations; or (iv) an acute crisis, the Committee requests the Government to ensure that the new Labour Code and Decree No. 13896 of 2005 are in line with the principles enshrined in the Convention.

Collective bargaining in practice. The Committee had previously noted that the last collective agreement adopted was between the Association of Banks in Lebanon and the Federation of Unions of Bank Employees in Lebanon. The Committee notes that the Government indicates that collective bargaining occurs as follows: (i) at the sectoral level, in the banking (23,000 employees) and petrochemicals (285 employees) sectors; (ii) at the institutional level, in the port of Beirut with 190 employees, the American University Hospital with 4,000 employees and a company. It further notes the indication that collective bargaining is not widespread in Lebanon due to the reluctance of employers, social and political instability and the weakness of unions. Taking due note of this information and while being cognizant of the current situation in the country, the Committee encourages the Government to take measures to promote and strengthen collective bargaining in all sectors of the economy and requests it to continue providing information on the number of collective agreements concluded, the sectors and number of workers covered.

The Committee reminds the Government that it can continue to avail itself of the technical assistance of the Office with regard to the draft Labour Code.