Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its reports. It notes in particular that Legislative Decree No. 25/ET of 4 May 1943 has been repealed by Legislative Decree No. 136 of 16 September 1983 on occupational accidents. The Committee also notes the Government's statement that the "occupational accidents and diseases" branch provided for in Decree No. 13.955 of 1963 to issue the Social Security Code has still not been implemented, but that the special committee responsible for examining measures concerning the application of international labour Conventions ratified by Lebanon will examine, in the framework of the provisions concerning the above branch, the matter of ensuring that the lump sum paid in the event of permanent incapacity of less than 30 per cent is properly utilized, in accordance with Article 5 of the Convention.

The Committee therefore hopes that the "occupational accidents and diseases" branch provided for by the Social Security Code will come into operation shortly and that meanwhile the Government will be able to take the necessary measures to bring Legislative Decree No. 136 of 16 September 1983 on occupational accidents fully into conformity with the Convention on the following points.

Article 2 of the Convention. Legislative Decree No. 136 covers, in accordance with section 1, occupational accidents affecting employees who hold a work contract, as defined in section 624(1) of the Code of Obligations and Contracts. Please indicate whether apprentices are also covered by Legislative Decree No. 136 in accordance with this Article of the Convention, and provide the text of the Code of Obligations and Contracts.

Article 5. With reference to its previous comments, the Committee notes that Legislative Decree No. 136 (sections 3, 4 and 6) provides, as did the previous Legislative Decree, in the case of total or partial permanent incapacity, or in the event of death, for the payment of compensation in the form of a lump sum equivalent to a given number of daily wages whereas, according to the Convention, such compensation must be paid in the form of periodical payments throughout the contingency (i.e. for the injured workman for the rest of his life and for his dependants for as long as they fulfil the requirements prescribed by national legislation), and payment in a lump sum is allowed only when the competent authorities can ensure that it will be properly utilized.

Article 6. According to section 5 of Legislative Decree No. 136, if the accident causes temporary incapacity for work, the injured person shall be entitled to payment of compensation as from the first day following the accident for a maximum period of nine months. Please indicate the measures taken or envisaged to ensure that the injured person continues to receive compensation if his incapacity for work exceeds this period, though without becoming permanent.

Articles 7 (additional compensation for constant help of another person) and 8 (supervision and review of compensation). The Committee would be grateful if the Government would indicate the measures taken or contemplated to ensure the application of these Articles of the Convention, since there is no corresponding provision in Legislative Decree No. 136.

Article 11. According to section 12 of Legislative Decree No. 136, the employer is required to take out an insurance policy with an insurance company in order to cover the compensation provided for by the Legislative Decree. The date of the entry into force and the conditions for the application of this provision are to be fixed by a decree issued by the Council of Ministers: please indicate whether such a decree has been issued and, if so, provide a copy of it. Please indicate also whether any provisions have been adopted or are envisaged to ensure the payment of compensation to workmen affected by an occupational accident and their dependants in the event of the insolvency of the insurer, as required by the Convention.