Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Minimum Age Convention, 1973 (No. 138) - Lebanon (Ratification: 2003)

Previous comment

The Committee takes note of the observations of the General Confederation of Lebanese Workers (CGTL), received with the Government’s report.

The Committee notes that the Labour Code of 23 September 1946, as last amended in 2010, is currently in force in the country. The Committee notes the Government’s information, in its report, that a new draft law amending the Labour Code (draft Labour Code) has been finalized after several consultative meetings with employers and workers and the participation of the ILO. The draft Labour Code has been sent to the Council of Ministers in April 2022, but its adoption has seen delays due to the ongoing crises in the country, including the persistent changes in governments. The Committee notes with concern, however, that the Government has been referring to the revision of the Labour Code for more than a decade. In this context, the Committee hopes that the necessary measures will be taken to ensure that the revision of the Labour Code is completed as soon as possible and that it will take into consideration the Committee’s comments to give full effect to the provisions of the Convention. It requests the Government to provide full details of steps taken or envisaged in this regard and to provide a copy of the new Labour Code, once adopted.

Article 2(1) of the Convention. Scope of application and labour inspection. Children working in the informal economy. Following its previous comments, in which the Committee had noted that the Labour Code applies only to work performed under an employment relationship (by virtue of sections 1, 3 and 8 of the Code), the Committee notes the Government’s indication that most child labourers are either Lebanese or refugees who work in unregulated sectors and secluded places.

In this regard, the Committee notes that the CGTL identifies as a priority the support of bodies responsible for inspection to monitor the employment of young persons, as well as ensuring more rigorous monitoring and inspection of labour.

The Government indicates that while there are general inspections under way, the problem remains that the Labour Code does not give powers to labour inspectors to visit the informal economy, where most child labour is found. Moreover, the Government indicates that there is a grave shortage of inspectors to curb child labour, which has consequently resulted in an upsurge in the number of children engaged in economic exploitation.

The Committee observes that the Government does not provide information regarding whether the new draft Labour Code will apply to children who work outside of an employment relationship, such as self-employed children or children working in the informal economy. The Government indicates, however, that the Committee’s comments will be taken into account in the framework of the revision of the Labour Code. The Committee expresses the firm hope that the Government will take the necessary steps to: (i) ensure that the draft Labour Code includes provisions ensuring its application to self-employed children and children working in the informal economy; and (ii) strengthen the role and capacities of the labour inspectorate in terms of monitoring and detecting child labour. It requests the Government to provide information on the progress made in this regard in its next report.

Article 2(2) and (3). Raising the minimum age for admission to employment or work. The Committee notes that, pursuant to section 19 of the draft Labour Code, it is prohibited to employ young persons before the age of 15, thus raising the minimum age for employment or work from 14, as was specified by Lebanon at the time of ratification and is provided for under section 22 of the Labour Code in force. Furthermore, the Committee takes note of the adoption, on 7 July 2022, of Decree No. 9706 on regulating and determining the conditions for free compulsory education, which provides for compulsory education from ages 6 to 16.

The Government indicates that, taking into consideration the Committee’s previous comments regarding the application of Article 2(3) of the Convention, it will raise the minimum age for employment or work to 16 years, instead of the 15 years provided for under section 19 of the draft Labour Code. The Committee requests the Government to keep it informed of the provisions envisaged in the new draft law amending the Labour Code regarding the minimum age for employment or work and whether this age will be raised to 15 or 16 years.

Article 6. Vocational training and apprenticeship. The Committee recalls that the current Labour Code provides that “vocational training establishments may derogate from the provisions of articles 22 and 23 on condition that the adolescent is not under full twelve years of age (…)” (section 25). The Committee recalls that sections 22 and 23 of the Labour Code concern the minimum age for employment or work, and the minimum age for hazardous work and that, accordingly, children under the general minimum age for employment or work may engage in vocational training and apprenticeships, even in hazardous conditions, under the conditions provided for in these sections of the Labour Code. The Committee underlines that, under Article 6 of the Convention, children must be at least 14 years of age to undertake vocational or technical training in undertakings (apprenticeships). It also recalls that this exception to the minimum age for employment or work does not apply to hazardous work.

The Committee notes that section 45 of the draft Labour Code provides that “training contracts” whereby “the employer in a commercial, industrial, craft, professional or agricultural establishment shall undertake to provide complete vocational training consistent with the principles of the profession” may be concluded only with persons of at least 15 years, provided that the safety and morals of the concerned juvenile are fully safeguarded. The Committee expresses the firm hope that section 45 of the draft Labour Code, setting a minimum age of 15 years for entry into an apprenticeship, in conformity with Article 6 of the Convention, will be adopted in the very near future.

Article 7. Light work. Following its previous comments, the Committee notes the Government’s reference to sections 25 and 28 of the draft Labour Code, which provide for certain conditions of working time and occupational safety and health (handling of heavy loads) when employing a young person, that is, over 15 years of age. The Government indicates that, while the Ministry of Labour consulted with occupational safety and health experts regarding the preparation of a list of light work activities, it is of the view that such a list could lead to more hazardous risks than those arising from regulating working conditions. The Committee understands, from this statement and the provisions of the draft Labour Code, that the Government does not appear to envisage regulating light work for children over 13 years of age. The Committee requests the Government to indicate whether it intends to adopt a statute or regulation formulating the conditions in which and number of hours during which light work may be undertaken as of the age of 13, and determining these types of light work activities.

The Committee is raising other matters in a request addressed directly to the Government.