Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Lebanon (Ratification: 1977)

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL) communicated with the Government’s report.

Article 2(1) and (2) of the Convention. Preliminary medical examination by a qualified physician. In its previous comments, the Committee noted the Government’s information that section 22 of the Labour Code, as amended by Act No. 536 of 24 July 1996, makes a medical examination obligatory prior to employment of young persons aged 14–18 years. The Committee noted that, in addition to the provisions discussed in its previous comments, section 21 of the draft amendment to the Labour Code, which was prepared by the tripartite committee set up by the Ministry of Labour’s Order No. 210/1 of 2000, prohibits the employment or engagement of young persons before undergoing a thorough medical test, which could include clinical, laboratory and X-ray tests if necessary, and which proves their fitness to fulfil the required work. The Committee noted the indication of the Government that it had submitted the draft amendment to the Labour Code to the Council of Ministers for its examination and approval, but that this was delayed due to a change in governments. The Government declared that, as soon as a new government was formed, the draft amendments would be submitted once again to the Council of Ministers for their re-examination.

The Committee notes the Government’s indication in its report that there has not been any new development with respect to this draft amendment to the Labour Code since it is still under examination. It notes, from the observations of the CGTL, that the process of amendment to the Labour Code, including section 22, has begun. The Committee once again urges 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, and to provide information on the progress made in this regard.

Articles 3(2) and 4(1). Medical re-examination for fitness for employment of persons under 18 and for employment in occupations involving high health risks, and repetition until the age of 21 years. In its previous comments, the Committee noted that section 22 of Act No. 536 of 24 July 1996 refers to the medical examination conducted after beginning the employment for young persons under 18 years, and that section 1 of Order No. 157/1 of 2 August 2000 provides for the continuation of medical examination of young persons until the age of 21, for those who are engaged in work hazardous to health. The Committee noted that the draft amendment to the Labour Code provides for the repetition of the medical examination of young persons under 18 years at closer intervals than annually to ensure an efficient supervision of their medical condition with regard to the risks of their work. It noted the Government’s indication that, during its inspection visits, the technical labour inspectorate did not detect any child workers under the age of 18 and that, therefore, there was no need for periodic medical examinations. However, the Committee recalled that Article 4(1) of the Convention requires medical examination and re-examinations for fitness for employment in occupations which involve high health risks until at least the age of 21 years.

The Committee notes the Government’s indication that a draft new decision is being prepared which will determine the intervals for the repetition of medical re-examinations. Expressing the hope that the new decision determining the intervals for the repetition of medical examinations will include the determination of the intervals at which the medical re-examination is conducted for persons between 18 and 21 years of age engaged in work which involves high health risks, the Committee requests the Government to take measures to ensure that this new decision is adopted as soon as possible and to provide information on the progress made in this regard.

Article 6. Vocational guidance and rehabilitation of children and young persons found unsuited for work. In its previous comments, the Committee noted that the Ministry of Social Affairs resorted to the non-governmental sector to provide a cluster of services to young persons. It observed, however, that no measures had been taken with regard to the vocational guidance or physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited or to have physical handicaps or limitations. The Committee noted the Government’s information that the comments of the Committee on Article 6 of the Convention would be submitted to the Supreme Council for Childhood, which is comprised of representatives of the ministries of Labour, Social Affairs, Justice, Public Health, Education and Higher Education, Foreign Affairs, Culture, Interior and Municipalities, Finance, Youth and Sports, and Information, for consideration. The Committee expressed the hope that the Government, along with the collaboration of the Supreme Council for Childhood, would undertake the necessary action as soon as possible in order to ensure effective application of Article 6 of the Convention.

The Committee notes the Government’s indication that it sent a letter to the Ministry of Social Affairs and Supreme Council for Childhood in that regard. Observing that it has been raising this point since 2000, the Committee urges the Government to take the necessary measures to ensure the effective application of Article 6 of the Convention. It asks the Government to supply information on any progress made in this regard in its next report.

Article 7(2). Enforcement of the Convention. Following its previous comments, the Committee notes with regret that the Government did not provide information on the measures taken to enforce the Convention. It notes the Government’s indication that it will send the relevant information when it becomes available. The Committee once again requests the Government to provide information on any other measures taken or envisaged to ensure the strict enforcement of the Convention.