A.Labour inspection

Labour Inspection Convention, 1947 (No. 81)

B.Labour administration

Labour Administration Convention, 1978 (No. 150)

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL) received in 2017.

Labour law reform and DWCP implementation. The Committee notes the ongoing labour law reform with the support of the ILO. The Committee further notes that the 2017–20 Decent Work Country Programme (DWCP) for Lebanon aims, among others, to improve regulatory frameworks, labour inspection and labour administration systems. The Committee requests the Government to take into account the matters raised below in the context of the ongoing labour law reform and the DWCP implementation, in order to ensure the full conformity with Conventions Nos 81 and 150.

Labour inspection: Convention No. 81

Articles 4, 5(a), 20 and 21 of the Convention. Organization and operation of the labour inspection system. Coordination and cooperation within labour inspection services and with other Government services. The Committee previously requested the Government to redouble its efforts to compile statistical data on the activities of the labour inspectorate as required under Article 20 of the Convention, emphasizing the crucial importance of providing the central inspection authority with data that are essential to the preparation of annual labour inspection reports. The Committee notes the Government’s indication in response that, pursuant to section 3 of the bill on the restructuring of the Ministry of Labour (MoL), the Department of Labour Inspection, Prevention and Safety (DoLIPS) will be placed under the central administration of the MoL, which makes available statistical information on the labour inspection activities in its annual reports. The Government indicates that the DoLIPS is empowered to request local governorates to provide statistical information. In this respect, the Committee welcomes the information from the annual labour inspection report, which also contains information on the activities of the departments of labour of the eight governorates. The Committee also takes note of the organizational chart of the MoL provided by the Government in response to its previous request. With reference to its comments below on the Labour Administration Convention, 1978 (No. 150), the Committee requests the Government to continue to provide information on the adoption of the bill on the restructuring of the Ministry of Labour. The Committee requests the Government to pursue its efforts to ensure that the annual labour inspection report contains full information from the Department of Labour Inspection, Prevention and Safety and the local Departments of Labour, including statistics on: staff of the labour inspection services (Article 21(b)); workplaces liable to inspection and the number of persons working therein (Article 21(c)); inspection visits undertaken (Article 21(d)); specific penalties imposed for violations (Article 21(e)); and occupational accidents and diseases (Article 21(f) and (g)).

Article 5(a). Effective cooperation between the inspection services and the judicial system. The Committee notes the Government’s indication, in reply to its previous request, that the workshop that had been proposed for promoting cooperation and an exchange of experience between the labour inspectorate and the judicial system has not been held. The Committee once again requests the Government to take measures to promote effective cooperation between the labour inspection services and the judicial system and to provide information on the impact of the measures taken.

Article 5(b). Collaboration between the labour inspectorate and employers and workers or their organizations. The Committee takes note of the observations of the CGTL regarding its collaboration with labour inspectors in terms of maintaining records and statistics related to working conditions and awareness raising. The Committee requests the Government to provide further information on collaboration between the labour inspectorate and employers and workers or their organizations.

Article 7(3). Continuous training for labour inspectors. The Committee previously requested the Government to continue to provide information on training organized for labour inspectors. It notes with concern the Government’s indication in response that no training has recently been conducted. However, the Committee takes note that the 2017–20 DWCP for Lebanon includes capacity-building activities for labour inspectors including OSH inspectors. The Committee requests the Government to provide information on the training provided to labour inspectors, including the capacity-building activities carried out in the implementation of the DWCP, including their content, frequency, number of participants and the results achieved.

Labour administration: Convention No. 150

The Committee notes the court rulings provided by the Government, in reply to its previous request concerning judicial decisions.

Articles 2, 4, 6(2)(a), and 9 of the Convention. Coordination with parastatal agencies engaged in labour administration activities, including the preparation of the national employment policy. With reference to its previous comments concerning the activities and the impact of the National Employment Office, the Committee refers to its comments on the Employment Policy Convention, 1964 (No.122).

Article 3. Matters of national labour policy regulated through direct negotiations between employers’ and workers’ organizations. The Committee takes note of the information provided by the Government, in response to its previous request, on the collective agreements concluded in the education and industrial sectors.

Articles 5. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. The Committee notes, in reply to its previous request, the copies of Decree No. 4206 of 1981 on the formation of the tripartite committee on the cost of living index as well as the Decision No. 64 of 2012 on the formation of the tripartite committee on sustainable dialogue. With regard to consultation at the national level, the Committee notes the observations made by the CGTL indicating the need to reform and activate the tripartite Social and Economic Council (SEC) under the terms of the Lebanese Constitution. The CGTL states that activating the SEC is essential to the implementation of the Convention. The Committee requests the Government to provide further information on the arrangements to secure, within the system of labour administration, consultation, co-operation and negotiation between the public authorities and the most representative organizations of employers and workers. In this respect, it requests the Government to provide information on the reform, composition and activities of the Social and Economic Council.

Article 7. Gradual extension of the functions of the system of labour administration. The Committee notes the recommendation of the Human Rights Committee of the United Nations International Covenant on Civil and Political Rights to expand labour law protection to cover domestic workers and to reform recruitment practices with a view to protecting against exploitation and abuse of these workers. The Committee notes the Government’s indication, in reply to its previous comments, that bills relating to agricultural workers and female domestic workers are under examination. The Committee requests the Government to provide information on the progress achieved with respect to these bills. The Committee also requests the Government to provide information on any measures taken in the context of the ongoing labour law reform to extend the coverage of the labour administration system to categories of workers not previously covered, such as those referred to in Article 7(a)–(d) of the Convention with a view to meeting the needs of the largest possible number of workers.

Article 10. Composition, status, conditions of service and material means and financial resources of the staff of the labour administration. The Committee takes note of the information provided by the Government, in reply to its previous request, on the distribution of the personnel within the central and regional structures of the MoL. It also notes the information on the budget allocated to the labour administration system, which covers salaries and allowances. The Committee takes note of this information.

Repetition

Labour law reform. The Committee notes the information provided by the ILO Decent Work Technical Support Team and the Regional Office for Arab States that a tripartite meeting took place in 2019 with the support of the ILO and that a new labour law reform is under way. The Committee requests the Government to take into account the matters raised below and in a request addressed directly to the Government in the context of this new reform process, in order to ensure the full conformity of a new Labour Code with the Convention, and to provide information on any progress made in this regard.

Article 3(1) and (2) of the Convention. Primary functions and additional duties of labour inspectors. 1. Supervision of union matters. The Committee previously noted that, pursuant to section 2(c) of Decree No. 3273 of 26 June 2000, the labour inspectorate has the power to monitor vocational organizations and confederations at all levels in order to check whether the latter, in their operations, are exceeding the limits prescribed by law and by their rules of procedure and statutes. It recalls that for many years it had requested the Government to take steps to limit labour inspectors’ intervention in internal trade union affairs. The Committee notes the Government’s reply in its report that the role of labour inspectors is limited to accessing union records and to cases where a union submits its final account or a union council member files a complaint. The Government indicates that there are currently no complaints in this respect with the Department of Labour Relations and Trade Unions. The Committee further notes the statistics provided by the Government indicating that, in 2015, the labour inspectorate supervised 207 trade union elections and received 13 applications for authorization to establish unions.

In this respect, the Committee recalls that, according to Article 3(1) of the Convention, the primary functions of the labour inspection system shall be to monitor and secure the conditions of work and the protection of workers while engaged in their work, and that in accordance with Article 3(2), any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. Further, the Committee expressed reservations in its 2006 General Survey, Labour inspection, paragraph 80, regarding excessive use of close supervision by labour inspectors of the activities of trade unions and employers’ organizations, to the extent that it takes the form of acts of interference in these organizations’ legitimate activities. The Committee urges the Government to take the necessary steps, in the context of the ongoing labour law reform, to ensure that the functions assigned to labour inspectors do not interfere with their main objective, which is to provide for the protection of workers in accordance with Article 3(1) of Convention No. 81. In this respect, it urges the Government to ensure that any supervision of trade union activities is carried out only in relation to the protection of the rights of trade unions and their members, and does not take the form of acts of interference in their legitimate activities and internal affairs.

2. Work permits for migrant workers. The Committee notes the statistics provided by the Government indicating that, in 2015, a significant amount of the labour inspectorate’s activities focused on the issuance (60,814) and renewal (148,860) of work permits, as well as inspections related to work permits (253). The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors to issue and monitor work permits do not interfere with the main objective of labour inspectors to secure the enforcement of legal provisions relating to conditions of work and the protection of workers, as required under Article 3(1) of the Convention. It requests the Government to provide information on the time and resources spent on labour inspection activities in these work areas, compared to activities aiming at securing the enforcement of legal provisions relating to conditions of work and the protection of workers.

Article 12(1) and (2). Right of inspectors to enter freely any workplace liable to inspection. In its previous comments, the Committee requested the Government to amend the Memorandum No. 68/2 of 2009 which requires prior authorization in writing for all unscheduled inspection visits. It notes that, according to section 6 of Decree No. 3273 of 2000 on Labour Inspection, labour inspectors shall have the authority to enter freely and without prior notice all enterprises under their supervision during hours of work at the enterprise and all parts thereof; and in conducting an inspection visit they shall apprise the employer of their presence on the premises, unless they consider such information detrimental to the execution of their functions. However, the Committee also notes the Government’s indication that written authorization is provided in order for an inspection to be carried out, and that inspections are carried out as part of an inspector’s annual or monthly programme. In this regard, the Committee recalls that Article 12 of the Convention provides that labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. It recalls that the requirement to obtain prior permission to undertake an inspection in all cases constitutes a restriction on the free initiative of inspectors to undertake an inspection, including where they have reason to believe that an undertaking is in violation of the legal provisions. The Committee once again requests the Government to take measures to amend Memorandum No. 68/2 of 2009 to ensure that labour inspectors provided with proper credentials are empowered to enter freely any workplace liable to inspection, in accordance with Article 12(1) of the Convention, and to provide copies of any texts or documents showing progress in this regard.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL) received in 2017.

Labour law reform and DWCP implementation. The Committee notes the ongoing labour law reform with the support of the ILO. The Committee further notes that the 2017–20 Decent Work Country Programme (DWCP) for Lebanon aims, among others, to improve regulatory frameworks, labour inspection and labour administration systems. The Committee requests the Government to take into account the matters raised below in the context of the ongoing labour law reform and the DWCP implementation, in order to ensure the full conformity with Conventions Nos 81 and 150.

Labour inspection: Convention No. 81

Articles 4, 5(a), 20 and 21 of the Convention. Organization and operation of the labour inspection system. Coordination and cooperation within labour inspection services and with other Government services. The Committee previously requested the Government to redouble its efforts to compile statistical data on the activities of the labour inspectorate as required under Article 20 of the Convention, emphasizing the crucial importance of providing the central inspection authority with data that are essential to the preparation of annual labour inspection reports. The Committee notes the Government’s indication in response that, pursuant to section 3 of the bill on the restructuring of the Ministry of Labour (MoL), the Department of Labour Inspection, Prevention and Safety (DoLIPS) will be placed under the central administration of the MoL, which makes available statistical information on the labour inspection activities in its annual reports. The Government indicates that the DoLIPS is empowered to request local governorates to provide statistical information. In this respect, the Committee welcomes the information from the annual labour inspection report, which also contains information on the activities of the departments of labour of the eight governorates. The Committee also takes note of the organizational chart of the MoL provided by the Government in response to its previous request. With reference to its comments below on the Labour Administration Convention, 1978 (No. 150), the Committee requests the Government to continue to provide information on the adoption of the bill on the restructuring of the Ministry of Labour. The Committee requests the Government to pursue its efforts to ensure that the annual labour inspection report contains full information from the Department of Labour Inspection, Prevention and Safety and the local Departments of Labour, including statistics on: staff of the labour inspection services (Article 21(b)); workplaces liable to inspection and the number of persons working therein (Article 21(c)); inspection visits undertaken (Article 21(d)); specific penalties imposed for violations (Article 21(e)); and occupational accidents and diseases (Article 21(f) and (g)).

Article 5(a). Effective cooperation between the inspection services and the judicial system. The Committee notes the Government’s indication, in reply to its previous request, that the workshop that had been proposed for promoting cooperation and an exchange of experience between the labour inspectorate and the judicial system has not been held. The Committee once again requests the Government to take measures to promote effective cooperation between the labour inspection services and the judicial system and to provide information on the impact of the measures taken.

Article 5(b). Collaboration between the labour inspectorate and employers and workers or their organizations. The Committee takes note of the observations of the CGTL regarding its collaboration with labour inspectors in terms of maintaining records and statistics related to working conditions and awareness raising. The Committee requests the Government to provide further information on collaboration between the labour inspectorate and employers and workers or their organizations.

Article 7(3). Continuous training for labour inspectors. The Committee previously requested the Government to continue to provide information on training organized for labour inspectors. It notes with concern the Government’s indication in response that no training has recently been conducted. However, the Committee takes note that the 2017–20 DWCP for Lebanon includes capacity-building activities for labour inspectors including OSH inspectors. The Committee requests the Government to provide information on the training provided to labour inspectors, including the capacity-building activities carried out in the implementation of the DWCP, including their content, frequency, number of participants and the results achieved.

Labour administration: Convention No. 150

The Committee notes the court rulings provided by the Government, in reply to its previous request concerning judicial decisions.

Articles 2, 4, 6(2)(a), and 9 of the Convention. Coordination with parastatal agencies engaged in labour administration activities, including the preparation of the national employment policy. With reference to its previous comments concerning the activities and the impact of the National Employment Office, the Committee refers to its comments on the Employment Policy Convention, 1964 (No.122).

Article 3. Matters of national labour policy regulated through direct negotiations between employers’ and workers’ organizations. The Committee takes note of the information provided by the Government, in response to its previous request, on the collective agreements concluded in the education and industrial sectors.

Articles 5. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. The Committee notes, in reply to its previous request, the copies of Decree No. 4206 of 1981 on the formation of the tripartite committee on the cost of living index as well as the Decision No. 64 of 2012 on the formation of the tripartite committee on sustainable dialogue. With regard to consultation at the national level, the Committee notes the observations made by the CGTL indicating the need to reform and activate the tripartite Social and Economic Council (SEC) under the terms of the Lebanese Constitution. The CGTL states that activating the SEC is essential to the implementation of the Convention. The Committee requests the Government to provide further information on the arrangements to secure, within the system of labour administration, consultation, co-operation and negotiation between the public authorities and the most representative organizations of employers and workers. In this respect, it requests the Government to provide information on the reform, composition and activities of the Social and Economic Council.

Article 7. Gradual extension of the functions of the system of labour administration. The Committee notes the recommendation of the Human Rights Committee of the United Nations International Covenant on Civil and Political Rights to expand labour law protection to cover domestic workers and to reform recruitment practices with a view to protecting against exploitation and abuse of these workers. The Committee notes the Government’s indication, in reply to its previous comments, that bills relating to agricultural workers and female domestic workers are under examination. The Committee requests the Government to provide information on the progress achieved with respect to these bills. The Committee also requests the Government to provide information on any measures taken in the context of the ongoing labour law reform to extend the coverage of the labour administration system to categories of workers not previously covered, such as those referred to in Article 7(a)–(d) of the Convention with a view to meeting the needs of the largest possible number of workers.

Article 10. Composition, status, conditions of service and material means and financial resources of the staff of the labour administration. The Committee takes note of the information provided by the Government, in reply to its previous request, on the distribution of the personnel within the central and regional structures of the MoL. It also notes the information on the budget allocated to the labour administration system, which covers salaries and allowances. The Committee takes note of this information.

Repetition

Labour law reform. The Committee notes the information provided by the ILO Decent Work Technical Support Team and the Regional Office for Arab States that a tripartite meeting took place in 2019 with the support of the ILO and that a new labour law reform is under way. The Committee requests the Government to take into account the matters raised below and in a request addressed directly to the Government in the context of this new reform process, in order to ensure the full conformity of a new Labour Code with the Convention, and to provide information on any progress made in this regard.

Article 3(1) and (2) of the Convention. Primary functions and additional duties of labour inspectors. 1. Supervision of union matters. The Committee previously noted that, pursuant to section 2(c) of Decree No. 3273 of 26 June 2000, the labour inspectorate has the power to monitor vocational organizations and confederations at all levels in order to check whether the latter, in their operations, are exceeding the limits prescribed by law and by their rules of procedure and statutes. It recalls that for many years it had requested the Government to take steps to limit labour inspectors’ intervention in internal trade union affairs. The Committee notes the Government’s reply in its report that the role of labour inspectors is limited to accessing union records and to cases where a union submits its final account or a union council member files a complaint. The Government indicates that there are currently no complaints in this respect with the Department of Labour Relations and Trade Unions. The Committee further notes the statistics provided by the Government indicating that, in 2015, the labour inspectorate supervised 207 trade union elections and received 13 applications for authorization to establish unions.

In this respect, the Committee recalls that, according to Article 3(1) of the Convention, the primary functions of the labour inspection system shall be to monitor and secure the conditions of work and the protection of workers while engaged in their work, and that in accordance with Article 3(2), any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. Further, the Committee expressed reservations in its 2006 General Survey, Labour inspection, paragraph 80, regarding excessive use of close supervision by labour inspectors of the activities of trade unions and employers’ organizations, to the extent that it takes the form of acts of interference in these organizations’ legitimate activities. The Committee urges the Government to take the necessary steps, in the context of the ongoing labour law reform, to ensure that the functions assigned to labour inspectors do not interfere with their main objective, which is to provide for the protection of workers in accordance with Article 3(1) of Convention No. 81. In this respect, it urges the Government to ensure that any supervision of trade union activities is carried out only in relation to the protection of the rights of trade unions and their members, and does not take the form of acts of interference in their legitimate activities and internal affairs.

2. Work permits for migrant workers. The Committee notes the statistics provided by the Government indicating that, in 2015, a significant amount of the labour inspectorate’s activities focused on the issuance (60,814) and renewal (148,860) of work permits, as well as inspections related to work permits (253). The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors to issue and monitor work permits do not interfere with the main objective of labour inspectors to secure the enforcement of legal provisions relating to conditions of work and the protection of workers, as required under Article 3(1) of the Convention. It requests the Government to provide information on the time and resources spent on labour inspection activities in these work areas, compared to activities aiming at securing the enforcement of legal provisions relating to conditions of work and the protection of workers.

Article 12(1) and (2). Right of inspectors to enter freely any workplace liable to inspection. In its previous comments, the Committee requested the Government to amend the Memorandum No. 68/2 of 2009 which requires prior authorization in writing for all unscheduled inspection visits. It notes that, according to section 6 of Decree No. 3273 of 2000 on Labour Inspection, labour inspectors shall have the authority to enter freely and without prior notice all enterprises under their supervision during hours of work at the enterprise and all parts thereof; and in conducting an inspection visit they shall apprise the employer of their presence on the premises, unless they consider such information detrimental to the execution of their functions. However, the Committee also notes the Government’s indication that written authorization is provided in order for an inspection to be carried out, and that inspections are carried out as part of an inspector’s annual or monthly programme. In this regard, the Committee recalls that Article 12 of the Convention provides that labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. It recalls that the requirement to obtain prior permission to undertake an inspection in all cases constitutes a restriction on the free initiative of inspectors to undertake an inspection, including where they have reason to believe that an undertaking is in violation of the legal provisions. The Committee once again requests the Government to take measures to amend Memorandum No. 68/2 of 2009 to ensure that labour inspectors provided with proper credentials are empowered to enter freely any workplace liable to inspection, in accordance with Article 12(1) of the Convention, and to provide copies of any texts or documents showing progress in this regard.

Labour inspection: Convention No. 81

Labour administration: Convention No. 150

Repetition

Articles 4, 5(a), 10, 14, 16, 20 and 21 of the Convention. Coordination and operation of the labour inspection system. According to the Government’s report, the number of visits has increased significantly as a result of an increase in the number of inspectors, which has affected the application and dissemination of the national legislation on conditions of work. The Government states, however, that it is unable to count the number of inspection visits since the Ministry of Labour does not have a single inspection plan or just one inspection directorate. The Government also indicates that the Ministry of Labour is engaged in efforts to ensure that the annual inspection report contains statistics of the workplaces liable to inspection, and of visits, occupational accidents, infringements and penalties imposed. With regard to occupational accidents in particular, the Government provides no information in reply to the Committee’s comments regarding a plan to establish a special register of industrial accidents and occupational disease pursuant to Decrees Nos 11802/2004 and 14229 of 26 February 2005, allowing such data to be included in annual report, as provided in Decree No. 35/2 of 3 April 2009.

The Committee notes that, in the absence of the statistical data required by Article 20(b)–(g) of the Convention, it is not in a position to assess how far the Convention is applied. The Committee points out that, according to Article 4 of the Convention, the labour inspectorate should be placed under the control of a central authority, the aim being, as indicated in paragraph 140 of the General Survey on labour inspection of 2006, to facilitate the establishment and application of a single policy throughout the territory covered and to make it possible to use available resources in a rational way by, for example, eliminating duplication of efforts. Referring in this connection to its general observation of 2009, the Committee again emphasizes the crucial importance of the availability of a register of workplaces and enterprises liable to inspection, containing data on the number of categories of men and women workers employed therein. It recalls that, as well as providing the central inspection authority with data that are essential to the preparation of the annual report, the register of workplaces can be an important tool for assessing the effectiveness of external services and their personnel. The central authority can thus assess the relationship between the activities carried out and the resources available, especially for the development of a human resources policy that takes into account merit and motivation.

The Committee requests the Government to take all necessary measures to improve coordination of the labour inspection system by the central authority and to provide detailed information on this matter in its next report, including an organizational chart of the central and local inspectorates.

The Committee again asks the Government to provide information on the steps taken in cooperation with other government bodies and public institutions (tax administration, social security bodies, etc.) with a view to updating the register of workplaces liable to inspection and on the results obtained.

Furthermore, the Committee requests the Government to redouble its efforts to compile statistical data on the activities of the labour inspectorate (inspection visits) and their impact on the application of the legislation (reported infringements, technical advice and information, observations, warnings, legal proceedings initiated or recommended, imposition of penalties) and the number of occupational accidents and cases of occupational disease. In particular, it again asks the Government to provide information on progress made in the establishment of a register of occupational accidents and cases of occupational disease. It hopes that the Government will provide copies of any reports or documents, including the statistical data required by Article 20, that are relevant to an assessment of the application, in law and practice, of Articles 4, 10, 14 and 16 of the Convention.

The Committee notes the recommendations set out in the labour inspection audit conducted in 2010 at the Government’s request, and again asks the Government to provide information on the steps taken to seek technical assistance from the Office in connection with the matters raised above.

Article 5(a). Effective cooperation between the inspection services and the judicial system. In its previous report, the Government stated that a dialogue had been launched with the ILO Regional Office for the Arab countries with regard to the organization of a workshop aimed at promoting cooperation between the labour inspectorate and the judicial system. In the report currently under examination, the Government indicates that the Ministry of Labour is awaiting a reply from the Ministry of Justice to its communication in which it sought the organization of a workshop that would bring together the two parties, with a view to enhancing cooperation and the exchange of experiences. The Committee requests the Government to provide information on the follow-up to its application to the ILO, referred to in its previous report, and on the communication from the Ministry of Labour to the Ministry of Justice, and to indicate in particular whether the workshop envisaged was finally organized and, if so, to report on its impact on cooperation between the inspection services and judicial bodies, providing, inter alia, copies of any relevant documents, reports or decisions.

Article 7(3). Continuous training for labour inspectors. The Committee notes the information from the Government to the effect that the Ministry of Labour organized a workshop on labour administration for public administration inspectors, in coordination with the ILO. Furthermore, physician and engineer inspectors are undergoing continuous training that includes a course currently being held in coordination with the office of the Ministry of State in charge of the reform of the administration and a workshop on child labour organized in coordination with the non-governmental organization “War Child”. According to the Government, this training has had a positive effect on the volume and quality of inspection activities particularly as regards knowledge of the law and methods of dealing with employers and workers and obtaining voluntary compliance with the legislation. The Government adds that it would be important for inspectors to be familiar with the experiences of other countries. The Committee requests the Government to continue to provide information on the continuous training of labour inspection staff and to provide information on the impact of such training on the volume and quality of inspection activities, and on the results of the training.

Article 12(1) and (2). Right of inspectors to enter freely any workplace liable to inspection. In its previous comments the Committee noted with concern that Memorandum No. 68/2 of 2009 provides that all unscheduled inspection visits must be authorized in writing by the head of service, and accordingly asked the Government to have the text amended. The Committee notes that the Government has provided no information on this point. It again asks the Government to ensure that Memorandum No. 68/2 of 2009 is amended to ensure that labour inspectors are entitled to enter workplaces liable to inspection, in accordance with the relevant provisions of the Convention, and to supply relevant information together with copies of any texts or documents showing progress made in this regard.

Repetition

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors in connection with union matters. For many years the Committee has been asking the Government to take steps to limit intervention by labour inspectors in the internal affairs of trade unions and confederations solely to cases of complaints which might be addressed to them by a significant number of members. The issue was raised by the Committee with regard to section 2(c) of Decree No. 3273 of 26 June 2000, under the terms of which the labour inspectorate has the power to monitor vocational organizations and confederations at all levels in order to check whether the latter, in their operations, are exceeding the limits prescribed by law and by their rules of procedure and statutes. The Committee stated in a direct request of 2002 that such powers were tantamount to the right to interfere in the internal affairs of professional organizations. The Government then announced that an amendment to the Labour Code would settle the issue. However, Memorandum No. 35/2 of 12 April 2006 from the Director-General of the Ministry of Labour reproduced the criticized provision using identical wording.

Section 163(3) of the version of the draft Labour Code submitted to the ILO in 2007 for opinion stated that the Labour Inspection and Occupational Safety and Health Department of the Ministry of Labour would be responsible for monitoring the application of laws, decrees and regulations relating to terms and conditions of work and the protection of workers while engaged in their work, including the provisions of ratified international and Arab conventions and, more specifically “… (3) to conduct inquiries further to complaints relating to trade unions and confederations at all levels”.

In its 2009 report, the Government indicates that this provision is contained in section 161(3) of the current version of the draft Labour Code and will have the effect of removing any power from the labour inspectorate to monitor trade union affairs, as this power would be assigned to the trade union council. It explains that the powers of the labour inspectorate with regard to occupational organizations will therefore be limited to the examination of complaints submitted to it by the latter. Since the current wording of the text in no way lends itself to such an interpretation, it is essential, in order to avoid any ambiguity in this regard, for the drafting to be reviewed in the appropriate way. Noting that the draft amendments to the Labour Code have been under discussion for more than ten years, the Committee requests the Government, pending the definitive adoption of the Code, to contemplate cancelling, in the forms provided for by law in such matters, the provision of Memorandum No. 35/02 of 12 April 2006 of the Director-General of the Ministry of Labour under the terms of which labour inspectors retain the power to monitor trade union activities. The Committee requests the Government to provide information on the progress made in this respect.

Repetition

Articles 4, 5(a), 10, 14, 16, 20 and 21 of the Convention. Coordination and operation of the labour inspection system. According to the Government’s report, the number of visits has increased significantly as a result of an increase in the number of inspectors, which has affected the application and dissemination of the national legislation on conditions of work. The Government states, however, that it is unable to count the number of inspection visits since the Ministry of Labour does not have a single inspection plan or just one inspection directorate. The Government also indicates that the Ministry of Labour is engaged in efforts to ensure that the annual inspection report contains statistics of the workplaces liable to inspection, and of visits, occupational accidents, infringements and penalties imposed. With regard to occupational accidents in particular, the Government provides no information in reply to the Committee’s comments regarding a plan to establish a special register of industrial accidents and occupational disease pursuant to Decrees Nos 11802/2004 and 14229 of 26 February 2005, allowing such data to be included in annual report, as provided in Decree No. 35/2 of 3 April 2009.

The Committee notes that, in the absence of the statistical data required by Article 20(b)–(g) of the Convention, it is not in a position to assess how far the Convention is applied. The Committee points out that, according to Article 4 of the Convention, the labour inspectorate should be placed under the control of a central authority, the aim being, as indicated in paragraph 140 of the General Survey on labour inspection of 2006, to facilitate the establishment and application of a single policy throughout the territory covered and to make it possible to use available resources in a rational way by, for example, eliminating duplication of efforts. Referring in this connection to its general observation of 2009, the Committee again emphasizes the crucial importance of the availability of a register of workplaces and enterprises liable to inspection, containing data on the number of categories of men and women workers employed therein. It recalls that, as well as providing the central inspection authority with data that are essential to the preparation of the annual report, the register of workplaces can be an important tool for assessing the effectiveness of external services and their personnel. The central authority can thus assess the relationship between the activities carried out and the resources available, especially for the development of a human resources policy that takes into account merit and motivation.

The Committee requests the Government to take all necessary measures to improve coordination of the labour inspection system by the central authority and to provide detailed information on this matter in its next report, including an organizational chart of the central and local inspectorates.

The Committee again asks the Government to provide information on the steps taken in cooperation with other government bodies and public institutions (tax administration, social security bodies, etc.) with a view to updating the register of workplaces liable to inspection and on the results obtained.

Furthermore, the Committee requests the Government to redouble its efforts to compile statistical data on the activities of the labour inspectorate (inspection visits) and their impact on the application of the legislation (reported infringements, technical advice and information, observations, warnings, legal proceedings initiated or recommended, imposition of penalties) and the number of occupational accidents and cases of occupational disease. In particular, it again asks the Government to keep the Office informed of progress made in the establishment of a register of occupational accidents and cases of occupational disease. It hopes that in its next report the Government will provide copies of any reports or documents, including the statistical data required by Article 20, that are relevant to an assessment of the application, in law and practice, of Articles 4, 10, 14 and 16 of the Convention.

The Committee notes the recommendations set out in the labour inspection audit conducted in 2010 at the Government’s request, and again asks the Government to provide information on the steps taken to seek technical assistance from the Office in connection with the matters raised above.

Article 5(a). Effective cooperation between the inspection services and the judicial system. In its previous report, the Government stated that a dialogue had been launched with the ILO Regional Office for the Arab countries with regard to the organization of a workshop aimed at promoting cooperation between the labour inspectorate and the judicial system. In the report currently under examination, the Government indicates that the Ministry of Labour is awaiting a reply from the Ministry of Justice to its communication in which it sought the organization of a workshop that would bring together the two parties, with a view to enhancing cooperation and the exchange of experiences. The Committee requests the Government to provide information on the follow-up to its application to the ILO, referred to in its previous report, and on the communication from the Ministry of Labour to the Ministry of Justice, and to indicate in particular whether the workshop envisaged was finally organized and, if so, to report on its impact on cooperation between the inspection services and judicial bodies, providing, inter alia, copies of any relevant documents, reports or decisions.

Articles 7(3). Continuous training for labour inspectors. The Committee notes the information from the Government to the effect that the Ministry of Labour organized a workshop on labour administration for public administration inspectors, in coordination with the ILO. Furthermore, physician and engineer inspectors are undergoing continuous training that includes a course currently being held in coordination with the office of the Ministry of State in charge of the reform of the administration and a workshop on child labour organized in coordination with the non-governmental organization “War Child”. According to the Government, this training has had a positive effect on the volume and quality of inspection activities particularly as regards knowledge of the law and methods of dealing with employers and workers and obtaining voluntary compliance with the legislation. The Government adds that it would be important for inspectors to be familiar with the experiences of other countries. The Committee requests the Government to continue to provide information on the continuous training of labour inspection staff and to keep the ILO informed of the impact of such training on the volume and quality of inspection activities, and on the results of the training.

Article 12(1) and (2). Right of inspectors to enter freely any workplace liable to inspection. In its previous comments the Committee noted with concern that Memorandum No. 68/2 of 2009 provides that all unscheduled inspection visits must be authorized in writing by the head of service, and accordingly asked the Government to have the text amended. The Committee notes that the Government has provided no information on this point. It again asks the Government to ensure that Memorandum No. 68/2 of 2009 is amended to ensure that labour inspectors are entitled to enter workplaces liable to inspection, in accordance with the relevant provisions of the Convention, and to supply relevant information in its next report, together with copies of any texts or documents showing progress made in this regard.

Repetition

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors in connection with union matters. For many years the Committee has been asking the Government to take steps to limit intervention by labour inspectors in the internal affairs of trade unions and confederations solely to cases of complaints which might be addressed to them by a significant number of members. The issue was raised by the Committee with regard to section 2(c) of Decree No. 3273 of 26 June 2000, under the terms of which the labour inspectorate has the power to monitor vocational organizations and confederations at all levels in order to check whether the latter, in their operations, are exceeding the limits prescribed by law and by their rules of procedure and statutes. The Committee stated in a direct request of 2002 that such powers were tantamount to the right to interfere in the internal affairs of professional organizations. The Government then announced that an amendment to the Labour Code would settle the issue. However, Memorandum No. 35/2 of 12 April 2006 from the Director-General of the Ministry of Labour reproduced the criticized provision using identical wording.

Section 163(3) of the version of the draft Labour Code submitted to the ILO in 2007 for opinion stated that the Labour Inspection and Occupational Safety and Health Department of the Ministry of Labour would be responsible for monitoring the application of laws, decrees and regulations relating to terms and conditions of work and the protection of workers while engaged in their work, including the provisions of ratified international and Arab conventions and, more specifically … “(3) to conduct inquiries further to complaints relating to trade unions and confederations at all levels”.

In its 2009 report, the Government indicates that this provision is contained in section 161(3) of the current version of the draft Labour Code and will have the effect of removing any power from the labour inspectorate to monitor trade union affairs, as this power would be assigned to the trade union council. It explains that the powers of the labour inspectorate with regard to occupational organizations will therefore be limited to the examination of complaints submitted to it by the latter. Since the current wording of the text in no way lends itself to such an interpretation, it is essential, in order to avoid any ambiguity in this regard, for the drafting to be reviewed in the appropriate way. Noting that the draft amendments to the Labour Code have been under discussion for more than ten years, the Committee requests the Government, pending the definitive adoption of the Code, to contemplate cancelling, in the forms provided for by law in such matters, the provision of Memorandum No. 35/02 of 12 April 2006 of the Director-General of the Ministry of Labour under the terms of which labour inspectors retain the power to monitor trade union activities. The Committee requests the Government to provide information in its next report on the progress made in this respect.

Repetition

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors in connection with union matters. For many years the Committee has been asking the Government to take steps to limit intervention by labour inspectors in the internal affairs of trade unions and confederations solely to cases of complaints which might be addressed to them by a significant number of members. The issue was raised by the Committee with regard to section 2(c) of Decree No. 3273 of 26 June 2000, under the terms of which the labour inspectorate has the power to monitor vocational organizations and confederations at all levels in order to check whether the latter, in their operations, are exceeding the limits prescribed by law and by their rules of procedure and statutes. The Committee stated in a direct request of 2002 that such powers were tantamount to the right to interfere in the internal affairs of professional organizations. The Government then announced that an amendment to the Labour Code would settle the issue. However, Memorandum No. 35/2 of 12 April 2006 from the Director-General of the Ministry of Labour reproduced the criticized provision using identical wording.

Section 163(3) of the version of the draft Labour Code submitted to the ILO in 2007 for opinion stated that the Labour Inspection and Occupational Safety and Health Department of the Ministry of Labour would be responsible for monitoring the application of laws, decrees and regulations relating to terms and conditions of work and the protection of workers while engaged in their work, including the provisions of ratified international and Arab conventions and, more specifically … “(3) to conduct inquiries further to complaints relating to trade unions and confederations at all levels”.

In its 2009 report, the Government indicates that this provision is contained in section 161(3) of the current version of the draft Labour Code and will have the effect of removing any power from the labour inspectorate to monitor trade union affairs, as this power would be assigned to the trade union council. It explains that the powers of the labour inspectorate with regard to occupational organizations will therefore be limited to the examination of complaints submitted to it by the latter. Since the current wording of the text in no way lends itself to such an interpretation, it is essential, in order to avoid any ambiguity in this regard, for the drafting to be reviewed in the appropriate way. Noting that the draft amendments to the Labour Code have been under discussion for more than ten years, the Committee requests the Government, pending the definitive adoption of the Code, to contemplate cancelling, in the forms provided for by law in such matters, the provision of Memorandum No. 35/02 of 12 April 2006 of the Director-General of the Ministry of Labour under the terms of which labour inspectors retain the power to monitor trade union activities. The Committee requests the Government to provide information in its next report on the progress made in this respect.

The Committee raises other matters in a request addressed directly to the Government.

Repetition

Also with reference to its observation, the Committee would be grateful if the Government would provide additional information on the following points.

Article 5(a) of the Convention. Effective cooperation between the inspection services and the judiciary. The Committee notes that, further to the recommendations formulated in its general observation of 2007, the Ministry of Labour has launched a dialogue with the ILO Regional Office for the Arab countries with regard to the organization of a workshop aimed at promoting cooperation between the labour inspectorate and the judiciary. The Committee hopes that such an initiative will have a rapid effect and that inspection activity aimed at ensuring compliance with the legislation relating to conditions of work will be supported by the competent judicial authorities through appropriate decisions regarding violations recorded in inspection reports. The Committee requests the Government to provide information in its next report on the action taken with regard to the planned workshop on the promotion of effective cooperation between the labour inspectorate and the judiciary bodies and also to supply copies of any relevant document.

Article 7(3). In-service training for labour inspectors. The Committee notes the information supplied in reply to its previous comments concerning the participation of 45 labour inspectors in training given by the Beirut Regional Office on the ILO Declaration on Fundamental Principles and Rights at Work and also on labour inspection, women’s work, labour administration and the Labour Code. It also notes that, in the context of labour inspection and occupational safety and health, 11 medical inspectors and 12 engineer inspectors took a one-month training course in July–August 2009 in the context of the joint ILO–United Nations Development Programme (UNDP) programme for the transfer of knowledge through expatriate nationals (TOKTEN), with specific reference to Lebanese experts. The Committee requests the Government to continue to supply detailed information on in-service training for labour inspection personnel and to keep the ILO informed of the impact of this training on the volume and quality of inspection activities and their results.

Articles 10 and 16. Changes in numbers of inspection staff and frequency of inspection visits. The Committee notes the substantial increase in labour inspection staff through the recruitment of seven doctors, nine engineers and ten labour inspectors, who are currently at the probationary stage. It also notes the communication of information on the gender distribution of inspection staff, including assistant inspectors (29 out of 92 inspectors are women). Noting that, according the Government, these staff members are distributed throughout the country in order to promote labour inspection and extend the scope of its action, the Committee requests the Government to supply information on the impact of the increase in the numbers of inspectors, on the number of inspections in workplaces covered by the Convention and on the level of application of the national legislation relating to conditions of work and the protection of workers while engaged in their work.

Article 12(1) and (2). Right of inspectors to enter freely any workplace liable to inspection. The Committee notes that, as asked in its direct request of 2007, labour inspectors are now authorized, under the terms of paragraph 6 of Memorandum No. 68/2 of 2009, to enter workplaces liable to inspection not only during the working hours of those workplaces but also at any hour of the day or night. It notes, however, with concern that this text also provides that any unscheduled inspection visit must be authorized in writing by the head of service, according to the terms of a mission order stating, inter alia, the objective and limits of the inspection and that the inspector is prohibited from exceeding these limits. The Committee would like to emphasize strongly that labour inspectors’ right of free entry, as prescribed by Article 12(1)(a), is subject only to the possession of proper credentials. In order to ensure the effectiveness of any inspection, and also to preserve the anonymity of persons making complaints where an inspection is made further to a complaint (Article 15(c)), the labour inspector should have the right to initiate inspections and, be able to decide freely the timing and extent of inspections, in accordance with the information held and the observations made on the spot. In accordance with Article 12(2), the inspector should also have the freedom, in relation to the same objective, to refrain from notifying the employer or his representative of his presence where he considers that such a notification may be prejudicial to the performance of his duties. The Committee therefore requests the Government to ensure that Memorandum No. 68/2 of 2009 is amended in order to ensure that labour inspectors have the right of entry to workplaces liable to inspection in conformity with the relevant provisions of the Convention and to supply relevant information in its next report, together with copies of any texts or documents describing progress made in this respect.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes the information supplied by the Government concerning the relevant legislation and the planned establishment of a special register relating to industrial accidents and cases of occupational disease under the terms of Decree No. 11802/2004 and Decree No. 14229 of 26 February 2005. It also notes that Decree No. 35/2 of 3 April 2009 provides for the inclusion of relevant data in the annual report on the work of the inspection services. The Committee requests the Government to keep the Office informed of all progress made in this respect.

Articles 20 and 21. Publication and communication of an annual report on the work of the inspection services. The Committee duly notes the Government’s request for technical assistance from the Office with regard to the creation of a register of workplaces liable to inspection and the workers employed therein. With reference to its general observation of 2009 on this Convention, the Committee can only re-emphasise the crucial importance of such a tool for the effective functioning of any labour inspection system. It hopes that the instruction in Memorandum No. 35/2 of 3 April 2009 requiring the inspection services to include information on the matters covered by in Article 21(b)–(d) of the Convention in inspection reports will have a rapid effect and that, pending the publication of an annual report, the relevant information will be communicated in the Government’s report. The Committee requests the Government to keep the Office informed of the steps taken to obtain technical assistance with regard to the establishment and updating of a register of workplaces liable to inspection and on the outcome of such measures.

Repetition

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors in connection with union matters. For many years the Committee has been asking the Government to take steps to limit intervention by labour inspectors in the internal affairs of trade unions and confederations solely to cases of complaints which might be addressed to them by a significant number of members. The issue was raised by the Committee with regard to section 2(c) of Decree No. 3273 of 26 June 2000, under the terms of which the labour inspectorate has the power to monitor vocational organizations and confederations at all levels in order to check whether the latter, in their operations, are exceeding the limits prescribed by law and by their rules of procedure and statutes. The Committee stated in a direct request of 2002 that such powers were tantamount to the right to interfere in the internal affairs of professional organizations. The Government then announced that an amendment to the Labour Code would settle the issue. However, Memorandum No. 35/2 of 12 April 2006 from the Director-General of the Ministry of Labour reproduced the criticized provision using identical wording.

Section 163(3) of the version of the draft Labour Code submitted to the ILO in 2007 for opinion stated that the Labour Inspection and Occupational Safety and Health Department of the Ministry of Labour would be responsible for monitoring the application of laws, decrees and regulations relating to terms and conditions of work and the protection of workers while engaged in their work, including the provisions of ratified international and Arab conventions and, more specifically … “(3) to conduct inquiries further to complaints relating to trade unions and confederations at all levels”.

In its 2009 report, the Government indicates that this provision is contained in section 161(3) of the current version of the draft Labour Code and will have the effect of removing any power from the labour inspectorate to monitor trade union affairs, as this power would be assigned to the trade union council. It explains that the powers of the labour inspectorate with regard to occupational organizations will therefore be limited to the examination of complaints submitted to it by the latter. Since the current wording of the text in no way lends itself to such an interpretation, it is essential, in order to avoid any ambiguity in this regard, for the drafting to be reviewed in the appropriate way. Noting that the draft amendments to the Labour Code have been under discussion for more than ten years, the Committee requests the Government, pending the definitive adoption of the Code, to contemplate cancelling, in the forms provided for by law in such matters, the provision of Memorandum No. 35/02 of 12 April 2006 of the Director-General of the Ministry of Labour under the terms of which labour inspectors retain the power to monitor trade union activities. The Committee requests the Government to provide information in its next report on the progress made in this respect.

The Committee is raising other points in a request addressed directly to the Government.