Solicitud directa (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (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.