Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

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.