Solicitud directa (CEACR) - Adopción: 2016, Publicación: 106ª reunión CIT (2017)

Repetition

Article 1(1) and (2) of the Convention. Equality of treatment for survivors. In reply to the previous comments made by the Committee, the Government confirms that the draft Labour Code contains a provision dealing with the right of survivors of foreign workers, originating from a country party to Convention No. 19, to receive a pension even if they did not reside in Lebanon at the time of the accident causing the death of their breadwinner. Recalling that it has been drawing attention to this issue for many years, the Committee hopes that, pending the entry into force of the new Labour Code, the Government will make sure that, in practice, dependants of foreign workers, originating from countries party to the Convention, are not refused survivors’ benefits due to the fact that they did not reside in Lebanon at the time of the accident which caused the death of their breadwinner and will instruct the National Social Security Fund (NSSF) accordingly.

The Committee also considers that the elaboration of the new Labour Code should speed up and not forestall the corresponding amendment of the current legislation governing compensation for employment injuries, namely section 10 of Legislative Decree No. 136 and sections 9(3)(2) and (4) of the Social Security Code (Decree No. 13.955 of 1963) so as to bring them into full conformity with 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.