Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 78) sur l'examen médical des adolescents (travaux non industriels), 1946 - Liban (Ratification: 1977)

Autre commentaire sur C078

Observation

2017

Demande directe

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Articles 1 and 2 of the Convention. Scope of application. In its previous comments, the Committee noted that certain categories of children or young persons employed for wages, or working directly or indirectly for gain, in non industrial occupations other than those recognized by the competent authority as industrial, agricultural and maritime occupations, are excluded from the application of the provisions of the Convention by virtue of section 7 of the Labour Code:

(1) domestic work in private homes;
(2) agricultural corporations which have no connection with trade or industry; they will be the subject of special legislation;
(3) establishments in which only family members work under the direction of the father, the mother, or a guardian;
(4) governmental and municipal services with regard to workers and wage earners employed on a temporary or daily basis who do not enjoy the status of civil servants and who will be covered by special legislation.

The Committee noted that with regard to workers who are engaged as servants in private homes, the Ministry of Labour makes it incumbent on private employers to be as strict in preserving the health of their domestic workers as that of members of their family and, hence, to make them undergo medical examinations, whatever their nationality, whenever this is necessary. However, it observed that these examinations are dependent on the employer’s judgement and do not therefore furnish the necessary guarantees for application of the Convention. Furthermore, the Committee noted that, with regard to workers employed by the public administration, Decree No. 5883 of 3 November 1994 concerns the regulations applicable to employees and that municipal workers are subject to regulations adopted by each municipality. The Committee noted the Government’s information that the draft amendment to the Labour Code, prepared by the tripartite committee set up by virtue of Order No. 210 of 20 December 2000, deals with the first three abovementioned exceptions to the Labour Code. The Ministry of Labour was revising it so as to bring its provisions into better conformity with the provisions of the relevant ratified Conventions.

With respect to domestic work, the Committee notes the Government’s information that current laws prohibit the employment of young persons under 18 years as domestic workers, making it unnecessary to provide for their medical examination under this Convention. However, the Committee observes that the Government provides no information with regard to the other three exceptions. The Committee once again expresses the hope that its outstanding comments will be taken into consideration so as to ensure that the national legislation is in conformity with the provisions of the Convention with regard to their application to all occupations other than those recognized as industrial, agricultural and maritime occupations in Lebanon. In addition, the Committee requests the Government to take the necessary measures to ensure that the draft amendment to the Labour Code, which dates back to 2000, is adopted as soon as possible.

Article 7(2). Application of the Convention to children engaged in itinerant trading or on the streets or places to which the public has access. The Committee previously noted the Government’s intention to have the matter of the supervision of the application of the system of medical examination of fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public has access, examined by the competent authorities, namely the relevant ministries. It noted the Government’s information that the Ministry of the Interior and Municipalities was informed of the comments made by the Committee, which were then circulated to all governorates for appropriate action. The relevant authorities of all governorates replied that there were no children or young persons engaged in the circumstances specified above. The Committee reminded the Government that even where there does not seem to be children or young persons working on their own account or account of their parents in itinerant trading or in another occupation carried out in the streets or in places to which the public has access, the Government must take the necessary measures to ensure that the system of medical examination for fitness for employment is applied in the event that children are employed in these circumstances in the future.

The Committee notes the Government’s information that it shall consult the Ministry of the Interior and Municipalities with respect to street children. The Committee also notes the indication contained in the mission report of the tripartite interministerial workshop carried out in February 2013 within the technical assistance programme (SPA), according to which the phenomenon of street children is on the rise. The Committee urges the Government to adopt, in the very near future, the necessary measures to provide for supervision of the application of the system of medical examination for fitness of young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public has access. It once again requests the Government to provide information on any progress made in this respect with its next report.

The Committee requests the Government to refer to the comments it had made under the Articles of Convention No. 77.