Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

For many years, the Committee has been drawing the Government’s attention to the need to amend Legislative Decree No. 136 of 1983 which, while awaiting the implementation of the employment injury branch of the Social Security Code of 1963, establishes the legal framework for compensation of employment injury. The comments made in this respect relate to bringing the national legislation into conformity with the following provisions of the Convention: Article 2 – the necessity to make the above Legislative Decree applicable to apprentices; Article 5 – the necessity to provide in the event of employment injury that the compensation shall be paid in the form of periodical payments to the injured worker or his or her dependants, provided that it may only be paid in the form of a lump sum where there are guarantees that it will be properly utilized; Article 6 – the payment of compensation in case of temporary incapacity throughout the duration of the invalidity, that is until the worker is cured, or up to the date of the commencement of the periodical payments for permanent incapacity; Article 7 – necessity to provide additional compensation where the worker requires the constant help of another person; Article 8 – provision for review of the periodical payments either automatically or at the request of the beneficiary in the event of a change in the condition of the worker; and Article 11 – making provision for guarantees in the event of the insolvency of the insurer, inter alia.

In its previous report provided to the Office in 2003, the Government indicated the existence of a draft text which would give effect to certain provisions of the Convention (Articles 2 and 5). However, the Government indicates in its report provided in 2006 that the text has not yet been approved. It nevertheless reiterates its desire to amend Legislative Decree No. 136 of 1983 with a view to bringing the national legislation into full conformity with the above provisions of the Convention.

The Committee takes due note of this information. As the points referred to above have been the subject of its comments for many years, the Committee hopes that the Government will be in a position to indicate the progress achieved in its next report in giving full effect to the Convention. The Committee would also be grateful if the Government would keep it informed of all measures adopted or envisaged in relation to the implementation of the employment injury branch of the Social Security Code.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in reply to its previous comments.

1. The Government indicates in its report that the "occupational accidents and diseases" branch provided for under the Social Security Code has not yet been established. It adds that the comments made previously by the Committee have been forwarded to the National Social Security Fund to be taken into consideration. As Legislative Decree No. 136 of 16 September 1983 on occupational accidents, which remains the sole text applicable in this context, contains a certain number of divergences with the Convention, the Committee hopes that the Government will be able to take the necessary steps to ensure in the near future the entry into force of the "occupational accidents and diseases" branch envisaged by the Social Security Code, which responds to the principles set forth by the Convention and that, on this occasion, the coverage of the insurance scheme will be extended so as to cover foreign workers and their dependants, in accordance with Article 2 of the Convention.

2. Furthermore, with regard to Legislative Decree No. 136 of 1983, referred to above, the Committee notes with interest that a draft amendment to the Labour Code formulated by the tripartite committee established under Order No. 200/1/2000 provides, in accordance with Article 5 of the Convention, for the payment in the form of periodical payments of the compensation payable to an injured worker or her or his dependants, and that such compensation can be paid in its entirety in the form of a lump sum where guarantees are established of its proper utilization. Furthermore, in accordance with Article 2 of the Convention, the draft amendment provides for the coverage of apprentices by the provisions on the compensation of accidents.

The Committee therefore hopes that, while awaiting the establishment of the occupational accidents and diseases insurance scheme, this draft amendment will be adopted in the near future and that, on this occasion, the necessary measures will be adopted to supplement the provisions of Legislative Decree No. 136 of 1983, referred to above, so that full effect is also given to the following Articles of the Convention: Article 6 (in case of temporary incapacity for work, the payment of benefit to the injured person throughout the period of incapacity, that is until the victim is cured, or up to the date of the commencement of permanent incapacity benefit); Article 7 (additional compensation for injured workers requiring the constant help of another person); Article 8 (the review of the periodical payment, either automatically or at the request of the beneficiary, in the event of a change in the condition of the beneficiary) and Article 11 (guarantees against the insolvency of the insurer, inter alia).

In view of the fact that the above points have been the subject of its comments for many years, the Committee trusts that the Government will be in a position to indicate in its next report the progress achieved in securing the full application of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes from the information communicated by the Government in its last report that the occupational accidents and diseases branch provided for under the Social Security Code (Decree No. 13 955 of 1963) has not yet been established, and, therefore, this area is still regulated by Legislative Decree No. 136 of 16 September 1983 on occupational accidents. The Government also indicates that the parliamentary committee responsible for updating labour legislation will examine ways in which this legislation may be brought more fully into conformity with the provisions of the international labour Conventions ratified by Lebanon. Under these circumstances, until the establishment of the occupational accidents and diseases branch of the social security scheme, the Committee trusts that the Government will take all the necessary measures, particularly regarding the updating process of the labour legislation, to bring Legislative Decree No. 136 on occupational accidents into full conformity with the following provisions of the Convention: Article 5 (in case of total or partial permanent incapacity, or in the event of death, compensation shall be paid in the form of periodical payments throughout the contingency); Article 6 (in case of temporary incapacity for work, compensation for the injured person beyond the period of nine months provided under section 5 of Legislative Decree No. 136, if the worker’s incapacity exceeds this period, without becoming permanent); Article 7 (additional compensation for the constant help of another person); Article 8 (measures of supervision and methods of review of compensation); Article 11 (guarantees against the insolvency of the employer or insurer).

Article 2 of the Convention.  The Committee interprets the information communicated by the Government in reply to its earlier comments as meaning that the relation between an apprentice and his employer is equivalent to an employment contract within the meaning of section 624(1) of the Code of Obligations and Contracts. This relation would therefore be placed under the provisions of Legislative Decree No. 136 in cases of occupational accidents. In this regard the Government specifies that a provision relative to benefits guaranteed to apprentices, to be inserted in the above Legislative Decree No. 136, is presently being examined. The Committee requests the Government to supply information on all progress achieved in this connection.

[The Government is asked to report in detail in 2002.]

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.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its general observation the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 5 of the Convention. Legislative Decree No. 25/ET of 4 May 1943, to which the Government refers in its report, provides in the event of total or partial permanent incapacity and in the event of death for the payment of compensation in the form of a lump sum corresponding to a certain number of days' wages. This is contrary to the Convention, under which such compensation must be paid in the form of periodical payments throughout the duration of the contingency (that is to say, for the injured workman, life, and for the dependants, as long as they fulfil the conditions laid down by national laws). The Committee notes, however, that Decree No. 13955 of 1963, which promulgated the Social Security Code, lays down the principle of the payment of compensation in the form of periodical payments in the above-mentioned cases, as the Convention does, except where the permanent incapacity is of less than 30 per cent.

The Committee therefore asks the Government in its next report to state: (a) whether the Legislative Decree of 1943 remains in force despite the introduction of the insurance scheme and, if so, what classes of workers still come under it; and (b) whether the competent authority (for example the National Insurance Fund) must be satisfied that the lump sum paid in the event of permanent incapacity of less than 30 per cent will be properly utilized, as laid down in this provision of the Convention for cases where the compensation is converted into a lump sum.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

With reference to its general observation the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 5 of the Convention. Legislative Decree No. 25/ET of 4 May 1943, to which the Government refers in its report, provides in the event of total or partial permanent incapacity and in the event of death for the payment of compensation in the form of a lump sum corresponding to a certain number of days' wages. This is contrary to the Convention, under which such compensation must be paid in the form of periodical payments throughout the duration of the contingency (that is to say, for the injured workman, life, and for the dependants, as long as they fulfil the conditions laid down by national laws). The Committee notes, however, that Decree No. 13955 of 1963, which promulgated the Social Security Code, lays down the principle of the payment of compensation in the form of periodical payments in the above-mentioned cases, as the Convention does, except where the permanent incapacity is of less than 30 per cent.

The Committee therefore asks the Government in its next report to state: (a) whether the Legislative Decree of 1943 remains in force despite the introduction of the insurance scheme and, if so, what classes of workers still come under it; and (b) whether the competent authority (for example the National Insurance Fund) must be satisfied that the lump sum paid in the event of permanent incapacity of less than 30 per cent will be properly utilised, as laid down in this provision of the Convention for cases where the compensation is converted into a lump sum.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its general observation the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 5 of the Convention. Legislative Decree No. 25/ET of 4 May 1943, to which the Government refers in its report, provides in the event o f total or partial permanent incapacity and in the event of death for the payment of compensation in the form of a lump sum corresponding to a certain number of days' wages. This is contrary to the Convention, under which such compensation must be paid in the form of periodical payments throughout the duration of the contingency (that is to say, for the injured workman, life, and for the dependants, as long as they fulfil the conditions laid down by national laws). The Committee notes, however, that Decree No. 13955 of 1963, which promulgated the Social Security Code, lays down the principle of the payment of compensation in the form of periodical payments in the above-mentioned cases, as the Convention does, except where the permanent incapacity is of less than 30 per cent.

The Committee therefore asks the Government in its next report to state: (a) whether the Legislative Decree of 1943 remains in force despite the introduction of the insurance scheme and, if so, what classes of workers still come under it; and (b) whether the competent authority (for example the National Insurance Fund) must be satisfied that the lump sum paid in the event of permanent incapacity of less than 30 per cent will be properly utilised, as laid down in this provision of the Convention for cases where the compensation is converted into a lump sum.