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

Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Lebanon (Ratification: 1977)

Articles 1 and 2 of the Convention. Scope of application. In its previous comments, the Committee noted that certain categories of children or young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations other than the following categories, recognized by the competent authority as industrial, agricultural and maritime occupations, which are excluded from the application of the provisions of the Convention by virtue of section 7 of the Labour Code:

• (1) domestic work in private homes;
• (2) agricultural corporations which have no connection with trade or industry (they will be the subject of special legislation);
• (3) establishments in which only family members work under the direction of the father, the mother, or a guardian;
• (4) governmental and municipal services with regard to workers and wage earners employed on a temporary or daily basis who do not enjoy the status of civil servants and who will be covered by special legislation.

With respect to domestic work, the Committee noted the Government’s information that current laws prohibit the employment of young persons under 18 years of age as domestic workers, making it unnecessary to provide for their medical examination under this Convention. With regard to workers employed by the public administration, the Government indicated that Decree No. 5883 of 3 November 1994 concerns the regulations applicable to employees and that municipal workers are subject to regulations adopted by each municipality.

The Committee noted the Government’s information that the draft amendment to the Labour Code, prepared by the tripartite committee set up by virtue of Order No. 210 of 20 December 2000, deals with the first three abovementioned exceptions to the Labour Code. The Ministry of Labour was revising it so as to bring its provisions into better conformity with the provisions of the relevant ratified Conventions.

The Committee notes with concern the Government’s indication in its report that the comments of the Committee will be taken into consideration when the draft amendment to the Labour Code is re-examined. Noting that it has been raising this point since 2000, the Committee urges the Government to take the necessary measures to ensure that the national legislation is brought into conformity with the provisions of the Convention with regard to their application to all occupations other than those recognized as industrial, agricultural and maritime occupations in Lebanon. It also once again requests 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.

Article 7(2). Application of the Convention to children engaged in itinerant trading or on the streets or places to which the public has access. The Committee previously noted the Government’s intention to have the matter of the supervision of the application of the system of medical examination of fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public has access, examined by the competent authorities, namely the relevant ministries. The Committee reminded the Government that even where there does not seem to be children or young persons working on their own account or account of their parents in itinerant trading or in another occupation carried out in the streets or in places to which the public has access, the Government must take the necessary measures to ensure that the system of medical examination for fitness for employment is applied in the event that children are employed in these circumstances in the future.

The Committee notes the Government’s information that, in view of the increasing number of street children in Lebanon due to the displacement of Syrians, it needs to undertake in-depth studies, in coordination with international organizations and national departments, to meet the Committee’s request. The Committee once again urges the Government to adopt the necessary measures to provide for supervision of the application of the system of medical examination for fitness of young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public has access, and to provide information on any progress made in this respect.