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)

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

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1, paragraphs 1 and 2, of the Convention. Equality of treatment between the dependants of national workers and those of foreign workers from countries which have ratified the Convention. The Committee notes from the information provided by the Government in its report that compensation for employment injury is still governed by Legislative Decree No. 136 of 16 September 1983 on occupational accidents. This Legislative Decree, although envisaging equality of treatment between nationals and foreign workers, also provides that the dependants of a foreign worker cannot receive the benefits provided for by the Legislative Decree if at the time of the accident they were residing outside Lebanon, unless they are nationals of a country granting the same treatment to Lebanese nationals as to their own nationals (section 10). In response to the Committee’s previous comments on this point, the Government indicates that the Tripartite Committee for the Amendment of the Labour Code, established within the Ministry of Labour in December 2000, has formulated a draft text providing that the dependants of a foreign worker from a country which has ratified this Convention would be entitled to receive benefit. The Government further indicates that this text is still in draft form. The Committee notes this information. Recalling that it has been drawing the Government’s attention to this point for many years, the Committee hopes that in the near future it will adopt the necessary amendments to bring Legislative Decree No. 136 into full conformity with this provision of the Convention which guarantees equality of treatment between the dependants of nationals and those of foreign workers from a country which has ratified the Convention without any requirement as to residence and irrespective of any reciprocity condition. Please provide a copy of the text adopted in this respect, where applicable.

The Committee further notes that the regulations necessary to make operational the occupational accidents and diseases branch provided for in the Social Security Code (Decree No. 13955 of 1963) have not yet been adopted. It requests the Government to refer to its previous comments on the amendments that would need to be made to this text to bring it into conformity with the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

In its previous comments, the Committee noted that the occupational accidents and diseases branch provided for in the Social Security Code (Decree No. 13955 of 1963) was not yet operational, which meant that employment injury benefits were still governed by Legislative Decree No. 136 of 16 September 1983 on occupational accidents.

1. The Government confirms that the dependants of a foreign worker cannot receive the benefits provided for by Legislative Decree No. 136 if at the time of the accident they were residing outside Lebanon unless they are nationals of a country granting the same treatment to Lebanese as to their own nationals (section 10). In this regard, the Government states that the Tripartite Committee on the Amendment of the Labour Code, established in the Ministry of Labour in December 2000, will examine the provisions of Legislative Decree No. 136 with a view to bringing them into closer harmony with those of the Convention. Furthermore, instructions have been given to the Labour, Protection and Security Inspection Services to enforce the provisions of the Convention. The Committee takes note of this information. It trusts that the Government will not fail to take the necessary steps to amend Legislative Decree No. 136 so as to guarantee, in accordance with Article 1, paragraph 1, of the Convention, equal treatment between its own nationals and those of countries having ratified the Convention, without any condition of residence and reciprocity. It hopes that the Government’s next report will contain information showing the progress made in this respect.

2. With reference to the Committee’s previous comments concerning the Social Security Code, the Government states that the amendment of the relevant provisions of the Code should be examined in the light of the situation of foreign labour in the labour market, which means that a number of studies would have to be carried out first. The Committee notes this information. It again draws attention to the points it made in its previous comments.

(a) Under section 9(3)(2) of the Social Security Code, only foreign employees who are nationals of a State granting Lebanese nationals equal treatment in respect of social security may receive social security benefits, including employment injury benefit. The Committee recalls that the Convention lays down for States members which ratify it a system of automatic reciprocity. This provision of the Code should therefore be amended so that nationals of countries which have ratified the Convention, and their dependants, automatically receive the same treatment as Lebanese nationals in respect of compensation for employment injury, whether or not there are any bilateral agreements.

(b) Section 9(3)(4) of the Social Security Code should likewise be amended so as to abolish the requirement that in order to receive social security benefits the family members of an insured foreigner must be residing in Lebanon and thus ensure, in accordance with Article 1, paragraph 2, of the Convention, equal treatment in respect of employment injury benefit between Lebanese nationals and the nationals of a country that has ratified the Convention, including their dependants, without any requirement as to residence.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee has noted the information provided by the Government in its report, and in particular the fact that it intends to take the necessary measures to follow up the Committee's comments. Consequently, the Committee hopes that the Government's next report will provide details of the progress made on the following points.

1. The Government confirms that the dependants of a foreign worker cannot receive the benefits provided for by Legislative Decree No. 136 of 1983 relating to occupational accidents, if at the time the accident occurred they were residing outside Lebanon, unless they are nationals of a country granting the same treatment to Lebanese nationals as to their own citizens. In this regard, the Committee notes the Government's intention to amend soon section 10 of Legislative Decree No. 136 so as to bring its provisions into line with the Convention. The Committee hopes that this amendment will be made in the near future so as to guarantee, in accordance with Article 1, paragraph 1, of the Convention, equality of treatment for citizens and nationals of any other country which has ratified the Convention, without any conditions of residence and irrespective of any reciprocal conditions.

2. With reference to the Committee's previous comments concerning the employment-injury benefits provided for under the social security scheme, the Government indicates that the National Social Security Fund is fully aware of the provisions of the Convention and that its administration envisages amending the provisions of section 9(3) of the Social Security Code, as soon as the occupational accidents and diseases branch is operational. Consequently, the Committee hopes that the Government will be able to take the necessary measures to amend section 9(3) of the Code so as to delete: (a) the reciprocal condition provided for in Chapter 2 of these provisions concerning the right of foreign workers who are nationals of a State which has ratified the Convention -- together with their dependants -- to employment-injury benefits; and (b) the residence condition provided for in Chapter 4 concerning the dependants in question.

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.

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

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 following matters raised in its previous direct request:

1. Article 1, paragraph 1, of the Convention. Under section 9, subsection 4, and section 10 of the Social Security Code, only foreign wage-earners who are nationals of a State granting Lebanese equal treatment in respect of social security can come under workmen's compensation insurance. Since the Convention lays down, for Members that ratify it, a system of automatic reciprocity, the Committee would be grateful if the Government would consider taking measures to amend the above-mentioned provisions of the national legislation so that nationals of countries that have ratified the Convention shall automatically enjoy equal treatment with Lebanese nationals in respect of workmen's compensation for accidents. A list of such countries is annexed.

2. Article 1, paragraph 2. Under the above-mentioned provisions 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. Furthermore, section 11 of Decree No. 25/ET of 4 May 1943 makes equal treatment subject to the condition of residence in Lebanon at the moment of the accident for foreign dependants of a foreign worker, except those who are nationals of a State granting Lebanese the same rights as to its own nationals in this field. The Committee would be grateful if the Government would consider adopting measures to ensure also on this point conformity of the legislation with the Convention, which provides that equality of treatment shall be guaranteed to foreign workers without any condition concerning residence.

3. The Committee also requests the Government to indicate the provisions that now govern payment of compensation abroad both to national workers and their dependants and to foreign workers and their dependants.

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

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 following matters raised in its previous direct request:

1. Article 1, paragraph 1, of the Convention. Under section 9, subsection 4, and section 10 of the Social Security Code, only foreign wage earners who are nationals of a State granting Lebanese equal treatment in respect of social security can come under workmen's compensation insurance. Since the Convention lays down, for Members that ratify it, a system of automatic reciprocity, the Committee would be grateful if the Government would consider taking measures to amend the above-mentioned provisions of the national legislation so that nationals of countries that have ratified the Convention shall automatically enjoy equal treatment with Lebanese nationals in respect of workmen's compensation for accidents. A list of such countries is annexed.

2. Article 1, paragraph 2. Under the above-mentioned provisions 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. Furthermore, section 11 of Decree No. 25/ET of 4 May 1943 makes equal treatment subject to the condition of residence in Lebanon at the moment of the accident for foreign dependants of a foreign worker, except those who are nationals of a State granting Lebanese the same rights as to its own nationals in this field. The Committee would be grateful if the Government would consider adopting measures to ensure also on this point conformity of the legislation with the Convention, which provides that equality of treatment shall be guaranteed to foreign workers without any condition concerning residence.

3. The Committee also requests the Government to indicate the provisions that now govern payment of compensation abroad both to national workers and their dependants and to foreign workers and their dependants.

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:

1. Article 1, paragraph 1, of the Convention. Under section 9, subsection 4, and section 10 of the Social Security Code, only foreign wage earners who are nationals of a State granting Lebanese equal treatment in respect of social security can come under workmen's compensation insurance. Since the Convention lays down, for Members that ratify it, a system of automatic reciprocity, the Committee would be grateful if the Government would consider taking measures to amend the above-mentioned provisions of the national legislation so that nationals of countries that have ratified the Convention shall automatically enjoy equal treatment with Lebanese nationals in respect of workmen's compensation for accidents. A list of such countries is annexed. 2. Article 1, paragraph 2. Under the above-mentioned provisions 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. Furthermore, section 11 of Decree No. 25/ET of 4 May 1943 makes equal treatment subject to the condition of residence in Lebanon at the moment of the accident for foreign dependants of a foreign worker, except those who are nationals of a State granting Lebanese the same rights as to its own nationals in this field. The Committee would be grateful if the Government would consider adopting measures to ensure also on this point conformity of the legislation with the Convention, which provides that equality of treatment shall be guaranteed to foreign workers without any condition concerning residence.

3. The Committee also requests the Government to indicate the provisions that now govern payment of compensation abroad both to national workers and their dependants and to foreign workers and their dependants.