Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Lebanon (Ratification: 1977)

The Committee notes with interest the Government's detailed report in response to its previous comments on the following points:

- the absence of statutory provisions on protection against acts of anti-union discrimination and acts of interference (Articles 1 and 2 of the Convention);

- the requirement that 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 parties to the agreement (Article 4);

- the entry into force of collective agreements after publication in the Official Journal and the Ministry of Labour's authority to request revision of a collective agreement before it is published (Article 4);

- denial of the right to collective bargaining of workers in the public sector except for employees in offices under State supervision or in undertakings responsible for the management of public services in the name of the State or for their own profit, in so far as they are not engaged in the administration of the State (Article 6).

1. Protection against acts of anti-union discrimination and acts of interference. The Committee notes that under section 50 of the Labour Code, as amended by Decree No. 9640 of 6 February 1975, workers and members of trade union committees are protected against dismissal for trade union activities (paragraphs (d) and (e)).

The Committee recalls, however, that the protection provided for in Article 1 of the Convention covers not only dismissal but all other discriminatory measures both at the time of taking up employment and in the course of employment (transfers, demotions, disciplinary measures, deprivation of or limitations on wages or social benefits and other prejudicial acts). It therefore asks the Government to take the necessary steps to give full effect to this Article of the Convention.

It also asks the Government once again to indicate the measures taken or envisaged to guarantee protection against acts of interference, in conformity with Article 2 of the Convention.

2. Unduly high percentages required for employees' representatives to negotiate and for general assemblies of trade unions parties to a collective agreement to approve the agreement. The Committee notes the Government's statement that these percentages (laid down in sections 3 and 4 of Decree No. 17386/64) are necessary to obtain a majority which is large enough to impose its conditions on a minority that might not agree to the clauses of the collective agreement, so that the democratic system is properly respected, and that these provisions have never been a hindrance at any stage of collective bargaining.

Since the provisions in question are not such as to encourage the full development and utilization of machinery for voluntary collective bargaining, the Committee against asks the Government to take the necessary measures, particularly by lowering the percentages for bargaining and approving collective agreements to a reasonable level, to give full effect to Article 4 of the Convention.

3. Entry into force of collective agreements and authority of the Ministry of Labour to request revision of a collective agreement before publication. The Committee takes due note of the Government's explanation that the aim of section of Decree No. 17836/64 is to avoid introducing in collective agreements clauses which are contrary to the public order (hours of work, annual leave, periodic increases, output bonuses, etc.). The Ministry may cancel such clauses so that collective agreements contain no provisions that impair the acquired rights of the parties, and particularly workers' rights. As to the one month waiting period between registration of a collective labour agreement and its entry into force, the Government explains that its purpose is to provide time to correct any errors which might make the agreement unenforceable.

4. Public employees. The Committee notes that the Government indicated in an earlier report that public sector employees in the broad sense of the term do not have the right to organize under Legislative Decree No. 112 of 12 June 1959 issuing the public service regulations and that only persons engaged in offices under state supervision or in undertakings responsible for the management of public services in the name of the State or on their own account enjoy the right to collective bargaining, subject to compulsory arbitration (sections 29 and 47(a) of Decree No. 17386/64). It also notes that the Government adds in a more recent report that all state employees in the public sector, other than those engaged in the public administration, enjoy the guarantees laid down in the Convention, since they are subject to the provisions of the Labour Code. It asks the Government to provide a copy of Legislative Decree No. 112 of 1959 issuing the public service regulations.

Furthermore, the Committee notes that the Government itself acknowledges that staff subject to supervision by the State or staff in establishments providing a public service have the right to negotiate collectively, subject to compulsory arbitration, and reminds the Government that only public servants engaged in the administration of the State may be excluded from the scope of the Convention (see 1994 General Survey on Freedom of Association and Collective Bargaining, paragraph 200). It therefore asks the Government to encourage and promote machinery for the voluntary negotiation of collective agreements between the State as employer and organizations of public servants other than those engaged in the administration of the State, as a means of settling their terms and conditions of employment.

5. The Committee also notes the Government's statement in its report that the texts of ratified Conventions will be submitted to the competent authorities with a view to their publication and that a special committee has been set up to examine the legislative measures needed to apply the Convention.

6. The Committee takes due note of this information. It hopes that the updating of the legislation and the implementation of the provisions of the Convention will enable the latter to be better applied in the near future, in accordance with the above comments. It asks the Government to provide detailed information in its next report on any progress made in this respect and reminds it that the International Labour Office remains at its disposal for any assistance it may need in framing provisions and amendments to give effect to the Convention.