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

With reference to its previous comments, the Committee notes the Government's statement that the employment injury insurance, provided for by Decree No. 13.955 of 1963 to issue the Social Security Code, has not yet been established. The information supplied by the Government in relation to Conventions Nos. 17 and 19 also indicates that Legislative Decree No. 25/ET of 4 May 1943 has been repealed by Legislative Decree No. 136 of 16 September 1983 respecting industrial accidents.

The Committee also notes with interest the Government's statement that the provisions of the laws which are in force will be amended to bring them into conformity with the provisions of the Convention, which have priority over domestic legislation when they are published. The Government states that the Ministry of Labour has put together the texts of the various Conventions which have been ratified with a view to their publication in the Official Journal and that a special committee has been established to examine national legislative measures which will be necessary to give effect to the provisions of ratified Conventions once they have been published. The Committee hopes that these measures will be taken in the near future and that they will give full effect to the Convention on the following points.

1. The Committee notes that section 10 of Legislative Decree No. 136 of 16 September 1983 respecting industrial accidents makes equality of treatment subject to the requirement of residence in Lebanon at the time of the accident for the dependants of a foreign employee, with the exception of nationals of a State which accords the same rights to Lebanese and to its own nationals in this respect. The Committee recalls that Article 1, paragraph 2, of the Convention provides that equality of treatment shall be guaranteed to Lebanese nationals and the nationals of any other country which has ratified the Convention without any condition as to residence. It therefore hopes that the Government will be able to take the necessary measures to amend section 10 of Legislative Decree No. 136 of 1983 in order to give full effect to this provision of the Convention (the list of countries which have ratified Convention No. 19 is attached).

2. Furthermore, the Committee hopes that when the provisions of the Social Security Code relating to employment injury come into force, the necessary measures will be taken to give full effect to the following provisions of the Convention:

(a) Article 1, paragraph 1. Under sections 9(4) and 10 of the Social Security Code, only foreign employees who are nationals of a State granting Lebanese nationals equal treatment in respect of social security can be covered by employment injury insurance. Since the Convention lays down, for Members which ratify it, a system of automatic reciprocity, the above provisions should be amended so that nationals of countries which have ratified the Convention automatically benefit from equal treatment with Lebanese nationals in respect of compensation for industrial accidents.

(b) Article 1, paragraph 2. Under section 9 of the Social Security Code, members of the family of an insured foreigner who do not reside permanently in Lebanese territory are excluded from the scope of the social security scheme, including the occupational risks branch. This provision should also be amended in order to ensure equal treatment between Lebanese nationals and nationals of a country which has ratified the Convention, including their dependants, without any condition as to residence, in accordance with this provision of the Convention.

3. The Committee would be grateful if the Government would indicate whether, and by virtue of which provisions, the benefits set out in Legislative Decree No. 136 of 16 September 1983 are paid to the victims of an industrial accident or their dependants when they are resident abroad or transfer their residence abroad: (i) in the case of workers who are Lebanese nationals; and (ii) in the case of foreign workers.