Hours of Work (Industry) Convention, 1919 (No. 1) - Lebanon (RATIFICATION: 1977)

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The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 6 and 7 of the Convention. List of exceptions. The Committee notes the Government’s report, which indicates that it will forward the previous comments of the Committee to the Law Review Commission, especially those concerning permanent and temporary exceptions allowed under Article 6of the Convention and Article 7 of the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30). Furthermore, the Committee had previously noted that section 42(2)(c) of the draft amendment to the Labour Code provides for the possibility of exceeding the maximum hours of work in specific processes which, due to their nature, must be carried on continuously by a succession of shifts, subject to the condition that the working hours shall not exceed 56 per week on average. In this regard, it recalls that, according to Article 7 of the Convention, the Government has to provide a list of the processes which are classified as being necessarily continuous in character.The Committee once again requests the Government to provide this list. It also requests the Government to keep it informed of any progress made with regard to the amendments to the draft Labour Code, which the Government has been referring to for over 15 years.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 6 and 7 of the Convention. List of exceptions. The Committee notes the Government’s report, which indicates that it will forward the previous comments of the Committee to the Law Review Commission, especially those concerning permanent and temporary exceptions allowed under Article 6 of the Convention and Article 7 of the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30). Furthermore, the Committee had previously noted that section 42(2)(c) of the draft amendment to the Labour Code provides for the possibility of exceeding the maximum hours of work in specific processes which, due to their nature, must be carried on continuously by a succession of shifts, subject to the condition that the working hours shall not exceed 56 per week on average. In this regard, it recalls that, according to Article 7 of the Convention, the Government has to provide a list of the processes which are classified as being necessarily continuous in character. The Committee once again requests the Government to provide this list. It also requests the Government to keep it informed of any progress made with regard to the amendments to the draft Labour Code, which the Government has been referring to for over 15 years.

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Article 6 and 7 of the Convention. List of exceptions. The Committee notes the Government’s report, which indicates that it will forward the previous comments of the Committee to the Law Review Commission, especially those concerning permanent and temporary exceptions allowed under Article 6 of the Convention and Article 7 of the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30). Furthermore, the Committee had previously noted that section 42(2)(c) of the draft amendment to the Labour Code provides for the possibility of exceeding the maximum hours of work in specific processes which, due to their nature, must be carried on continuously by a succession of shifts, subject to the condition that the working hours shall not exceed 56 per week on average. In this regard, it recalls that, according to Article 7 of the Convention, the Government has to provide a list of the processes which are classified as being necessarily continuous in character. The Committee once again requests the Government to provide this list. It also requests the Government to keep it informed of any progress made with regard to the amendments to the draft Labour Code, which the Government has been referring to for over 15 years.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the Government’s indication in its 2008 report that, following the conclusion of the work of the Committee set up in 2000 to amend the Labour Code, the Ministry of Labour will make new amendments to the draft Labour Code, particularly in view of its comments and the comments sent by the Office. It also notes section 42(2) of the draft amendment to the Labour Code which essentially reproduces the provisions of Articles 2(c), 3 and 4 of the Convention which provide that the maximum hours of work may be exceeded in the case of shift work, accident and continuous work respectively. However, the Committee would like further information on the following points.

Article 6 of the Convention. Permanent and temporary exceptions. The Committee has stressed on many occasions the lack of detail in the provisions of the Labour Code currently in force with regard to permanent and temporary exceptions. In this regard, it notes that the Government refers to section 42(3)(b) of the draft amendment to the Labour Code which provides for the possibility of exceeding the maximum hours of work in exceptional cases, either permanent or temporary, in which the maximum daily hours of work cannot be applied due to the “conditions of work”, provided that the average hours of work do not exceed 48 hours per week and ten hours per day. It is obliged to note, however, that this section applies only to commercial enterprises. The Committee requests the Government to provide further explanations on this matter. The Committee also recalls that Article 6 of the Convention authorizes the establishment of exceptions to the maximum hours of work only in specific cases, namely: (i) in preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working of an establishment, or for certain classes of workers whose work is essentially intermittent; and (ii) so that establishments may deal with exceptional cases of pressure of work. In this regard, it refers to its comments concerning Article 7 of the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), as well as to paragraphs 119–140 of its General Survey of 2005 on hours of work which provide a parallel analysis of the provisions of Conventions Nos 1 and 30 concerning permanent and temporary exceptions to the principle of the eight-hour day and the 48-hour week. The Committee hopes that, when making the new amendments to the draft Labour Code, the Government will take into account all the comments concerning the permanent and temporary exceptions authorized under the above Articles of the two Conventions. It requests the Government to keep the Office informed of any developments in this regard and to provide a copy of the new legislative text as soon as it has been adopted.

Article 7 and Part III of the report form. List of exceptions. The Committee notes that section 42(2)(c) of the draft amendment to the Labour Code provides for the possibility of exceeding the maximum hours of work in those processes which are required by reason of the nature of the process to be carried on continuously by a succession of shifts, subject to the condition that the working hours shall not exceed 56 per week on average. The Committee therefore requests the Government to provide, as required under this Article of the Convention, a list of the processes which are classed as being necessarily continuous in character.

CMNT_TITLE

The Committee notes the Government’s indication that, following the conclusion of the work of the Committee set up in 2000 to amend the Labour Code, the Ministry of Labour will make new amendments to the draft Labour Code, particularly in view of its comments and the comments sent by the Office. It also notes section 42(2) of the draft amendment to the Labour Code which essentially reproduces the provisions of Articles 2(c), 3 and 4 of the Convention which provide that the maximum hours of work may be exceeded in the case of shift work, accident and continuous work respectively. However, the Committee would like further information on the following points.

Article 6 of the Convention. Permanent and temporary exceptions. The Committee has stressed on many occasions the lack of detail in the provisions of the Labour Code currently in force with regard to permanent and temporary exceptions. In this regard, it notes that the Government refers to section 42(3)(b) of the draft amendment to the Labour Code which provides for the possibility of exceeding the maximum hours of work in exceptional cases, either permanent or temporary, in which the maximum daily hours of work cannot be applied due to the “conditions of work”, provided that the average hours of work do not exceed 48 hours per week and ten hours per day. It is obliged to note, however, that this section applies only to commercial enterprises. The Committee requests the Government to provide further explanations on this matter. The Committee also recalls that Article 6 of the Convention authorizes the establishment of exceptions to the maximum hours of work only in specific cases, namely: (i) in preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working of an establishment, or for certain classes of workers whose work is essentially intermittent; and (ii) so that establishments may deal with exceptional cases of pressure of work. In this regard, it refers to its comments concerning Article 7 of the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), as well as to paragraphs 119–140 of its General Survey of 2005 on hours of work which provide a parallel analysis of the provisions of Conventions Nos 1 and 30 concerning permanent and temporary exceptions to the principle of the eight-hour day and the 48-hour week. The Committee hopes that, when making the new amendments to the draft Labour Code, the Government will take into account all the comments concerning the permanent and temporary exceptions authorized under the above Articles of the two Conventions. It requests the Government to keep the Office informed of any developments in this regard and to provide a copy of the new legislative text as soon as it has been adopted.

Article 7 and Part III of the report form. List of exceptions. The Committee notes that section 42(2)(c) of the draft amendment to the Labour Code provides for the possibility of exceeding the maximum hours of work in those processes which are required by reason of the nature of the process to be carried on continuously by a succession of shifts, subject to the condition that the working hours shall not exceed 56 per week on average. The Committee therefore requests the Government to provide, as required under this Article of the Convention, a list of the processes which are classed as being necessarily continuous in character.

Part VI of the report form. Application in practice. The Committee requests the Government to provide general information on the application of the Convention in practice, including, for example, extracts from the reports of the inspection services, statistics indicating the number of workers covered by the relevant legislation, the number of violations reported relating to hours of work, as well as any other information which would enable the Committee to better assess the manner in which the Convention is applied, in both law and practice.

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The Committee notes with interest the Government’s statement that the drafting of amendments to the Labour Code within the tripartite committee has been concluded and is being examined by the competent authorities in Lebanon to bring these provisions into law. The Committee would appreciate it if the Government would inform it of any amending texts which may have been adopted.

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The Committee notes the Government's last report on the application of the Convention and the information supplied in response to its direct request of 1994 on the measures taken to apply Articles 2, 3 and 4 of the Convention. It notes with interest the Government's statement that a draft amendment to section 31 of the Labour Code expressly sets normal hours of work at eight hours per day and 48 hours per week, in accordance with the provisions of Article 2 of the Convention. It also notes that the proposed amendment to section 32 of Labour Code takes into account the prescriptions of Articles 3 and 4 of the Convention for determining the exceptions that may be allowed to normal hours of work. The Committee would be grateful if the Government would inform the Office of any amending texts which may have been adopted.

Furthermore, the Committee asks the Government to indicate in its next report the measures taken or envisaged to give effect to the provisions of Article 6 of the Convention.

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The Committee notes the Government's report and the information supplied in answer to its previous direct requests, particularly concerning the application of Article 8, paragraphs 1(b) and (c) and 2, of the Convention.

It observes, however, that it is unable to note any real progress with regard to the application of Articles 2, 3 and 6 of the Convention.

While noting the provisions of the legislation concerning monthly wages, which, according to the Government, imply a limit to daily hours of work, the Committee hopes that the Government will be able to establish explicitly, by law or by regulations, a maximum of eight hours of work per day, in accordance with Article 2 of the Convention, so as to clarify the position in law.

The Committee also wishes to reiterate its comments on sections 32 and 33 of the Labour Code, which allow exceptions to normal working hours which may exceed the exceptions provided for in the Convention (Articles 3 and 4).

Accordingly, while noting with interest the information provided by the Government, the Committee trusts that appropriate measures will be taken, after consultation with the employers' and workers' organizations concerned, to determine the specific cases in which such exceptions apply, and the limit of additional hours of work authorized in each case, in accordance with Article 6 of the Convention.

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The Committee notes that the Government's report has not been received. It hopes that the Government will soon be in a position to supply a report for examination by the Committee and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. Section 31 of the Labour Code lays down a weekly limit to hours of work without laying down the daily limit provided for by Article 2 of the Convention. The Committee requests the Government to state whether other legal provisions of general character lay down such a limit.

Articles 3 and 6. Sections 32 and 33 of the Labour Code authorize exceptions to hours of work that may go further than the exceptions provided for by the Convention. Moreover, section 32 does not specify the number of additional hours which may be authorized. The Committee requests the Government to state whether there are any other legal provisions which lay down the specific cases in which these exceptions are applicable to workers in industry and the maximum number of hours of work authorized in each case and to specify whether the regulations mentioned in Article 6 of the Convention are adopted after consultation with the organizations of employers and workers concerned.

Article 8. The Government is also requested to indicate the legal provisions which give effect to the following provisions of Article 8 of the Convention:

- paragraph 1(b) (rest intervals notified to the staff);

- paragraph 1(c) (recording of additional hours worked);

- paragraph 2 (illegality of employment outside the hours fixed).

The Committee requests the Government to provide a copy of the above-mentioned legal provisions if they exist and, if not, to consider the possibility, as soon as circumstances permit, of issuing suitable legislative texts to give full effect to the Convention.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. Section 31 of the Labour Code lays down a weekly limit to hours of work without laying down the daily limit provided for by Article 2 of the Convention. The Committee requests the Government to state whether other legal provisions of general character lay down such a limit.

Articles 3 and 6. Sections 32 and 33 of the Labour Code authorise exceptions to hours of work that may go further than the exceptions provided for by the Convention. Moreover, section 32 does not specify the number of additional hours which may be authorised. The Committee requests the Government to state whether there are any other legal provisions which lay down the specific cases in which these exceptions are applicable to workers in industry and the maximum number of hours of work authorised in each case and to specify whether the regulations mentioned in Article 6 of the Convention are adopted after consultation with the organisations of employers and workers concerned.

Article 8. The Government is also requested to indicate the legal provisions which give effect to the following provisions of Article 8 of the Convention:

- paragraph 1(b) (rest intervals notified to the staff);

- paragraph 1(c) (recording of additional hours worked);

- paragraph 2 (illegality of employment outside the hours fixed).

The Committee requests the Government to provide a copy of the above-mentioned legal provisions if they exist and, if not, to consider the possibility, as soon as circumstances permit, of issuing suitable legislative texts to give full effect to the Convention.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 2 of the Convention. Section 31 of the Labour Code lays down a weekly limit to hours of work without laying down the daily limit provided for by Article 2 of the Convention. The Committee requests the Government to state whether other legal provisions of general character lay down such a limit.

Articles 3 and 6. Sections 32 and 33 of the Labour Code authorise exceptions to hours of work that may go further than the exceptions provided for by the Convention. Moreover, section 32 does not specify the number of additional hours which may be authorised. The Committee requests the Government to state whether there are any other legal provisions which lay down the specific cases in which these exceptions are applicable to workers in industry and the maximum number of hours of work authorised in each case and to specify whether the regulations mentioned in Article 6 of the Convention are adopted after consultation with the organisations of employers and workers concerned.

Article 8. The Government is also requested to indicate the legal provisions which give effect to the following provisions of Article 8 of the Convention:

- paragraph 1(b) (rest intervals notified to the staff);

- paragraph 1(c) (recording of additional hours worked);

- paragraph 2 (illegality of employment outside the hours fixed).

The Committee requests the Government to provide a copy of the above-mentioned legal provisions if they exist and, if not, to consider the possibility, as soon as circumstances permit, of issuing suitable legislative texts to give full effect to the Convention.