Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (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.