Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the information transmitted in the Government’s report.

Articles 1 and 2 of the Convention. In its previous comments, the Committee expressed the hope that the future Lebanese Labour Code would prohibit all acts of anti-union discrimination and interference and would contain effective and sufficiently dissuasive sanctions against such acts, as well as rapid remedy procedures. In this regard, the Committee notes with interest that sections 138 and 139 of the draft amendment to the Labour Code protect workers against all acts of anti-union discrimination both in the recruitment process and during employment, and employers’ and workers’ organizations against acts of interference against each other. The Committee requests the Government to indicate what sanctions are provided for in the draft amendment to the Labour Code.

Article 4. In its previous comments, the Committee noted that the draft amendment to the Labour Code reduced the percentage of representation required by a trade union for collective bargaining from 60 to 51 per cent and requested the Government to take the necessary measures to ensure that, if no trade union represents the percentage required to be declared as exclusive bargaining agent, collective bargaining rights are granted to the most representative unions of the unit concerned, at least on behalf of their members. In this regard, the Committee notes that the Government indicates that the Convention does not specify any percentage for negotiating and asks whether the legislation must specify a certain percentage, if the right to collective bargaining is granted to the most representative workers’ organizations of the unit in question for the purpose of negotiating on behalf of their members.

Recalling that problems may arise when the law stipulates that a trade union must receive the support of 51 per cent of the members of a bargaining unit to be recognized as a bargaining agent (see General Survey on freedom of association and collective bargaining, 1994, paragraph 241), the Committee requests the Government to take the necessary measures to ensure that the draft amendment to the Labour Code guarantees that a trade union which fails to secure an absolute majority is not denied the possibility of negotiating on behalf of its own members.

Article 6. In its previous observation, the Committee requested the Government to amend the legislation so that workers in the public sector governed by Decree No. 5883 of 1994 benefit from the right to collective bargaining and that recourse to compulsory arbitration in the three public sector enterprises covered by Decree No. 2952 of 20 October 1965 is only at the request of both parties. As regards the right of workers in the public sector to benefit from the right to collective bargaining, the Committee notes with interest that section 131 of the draft amendment to the Labour Code states that workers in public administrations, municipalities and public enterprises responsible for administering public services on behalf of the State or on their own account shall have the right to collective bargaining. However, as regards recourse to compulsory arbitration for the three public sector enterprises concerned, the Committee notes that section 224 of the draft amendment to the Labour Code states that, should mediation fail, the dispute will be settled by an arbitration board.

Recalling that outside the public service and essential services in the strict meaning of the term, arbitration imposed by the authorities or at the request of one party is generally contrary to the principle of the voluntary negotiation of collective agreements established in the Convention and thus the autonomy of bargaining partners (see General Survey, 1994, op. cit., paragraph 257), the Committee requests the Government to take all the necessary measures to ensure that section 224 of the draft amendment to the Labour Code is amended in such a way that recourse to compulsory arbitration is only at the request of both parties.