Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Other comments on C077

Observation

2017

Direct Request

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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 requested the Government to keep it informed of any progress made in the adoption of the draft amendment to the Labour Code.

The Committee notes that, in its report communicated under the Minimum Age Convention, 1973 (No. 138), the Government indicates that it has 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 declares that, as soon as a new government is formed, the draft amendments will be submitted once again to the Council of Ministers for their re-examination. The Committee 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. It requests the Government to provide information on the progress made in this regard in its next report.

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.

The Committee notes 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 recalls 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 therefore once again requests the Government to indicate the intervals at which the medical re-examination is repeated for persons between 18 and 21 years engaged in work which involves high health risks, in accordance with Article 4(1) of the Convention.

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 resorts to the non-governmental sector to provide a cluster of services to young persons. It observed, however, that no measures had been taken in 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 Upper 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 Upper 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 will send, in due course, the relevant information on any progress made in this regard. The Committee requests 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 invites the Government to provide information on any other measures taken or envisaged to ensure the strict enforcement of the Convention.