Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 29) sur le travail forcé, 1930 - Liban (Ratification: 1977)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1) and 2(1) of the Convention. Vulnerability of migrant domestic workers and the exaction of forced labour. In its previous comments, the Committee noted a series of measures adopted by the Government for domestic workers, such as the preparation of a guidance manual for this category of workers and the establishment of a formal contract governing their employment relationship.

However, the Committee observes that, in the Compilation prepared by the Office of the High Commissioner for Human Rights, it is indicated that migrant domestic workers remain particularly vulnerable and are specifically excluded from the protection of the Labour Code. A number of reports have confirmed the existence of abuses by employers and recruiting agents, including non-payment or delayed payment of wages, withholding of identity papers, inadequate food and housing, forced confinement to the workplace, prohibition of rest time as well as verbal, physical and sexual abuse.

The Committee also observes that the United Nations Country Team recommended that the Government should pursue its efforts to review its labour legislation with a view to including migrant workers in its scope and that previously, in 2006, the Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children, had also recommended that the protection of the Labour Code be extended to domestic workers (A/HRC/WG.6/9/LBN/2, November 2010, para. 41).

The Committee also notes the Bill regulating the working conditions of domestic workers, which was attached to the Government’s report. According to the Government, the Bill was formulated so as to comply with the provisions of the Domestic Workers Convention, 2011 (No. 189). The Committee observes that the Bill contains provisions on the respective obligations of the employer and the worker, particularly concerning the type of contract to be signed, hours of work and remuneration. With regard to the termination of the contract of employment, the Committee notes that it is now possible for the employee to terminate it at any time with one month’s notice. In the event of aggression, failure to pay remuneration for two successive months or work outside the tasks set out in the contract, the employee can terminate the contract of employment without complying with the period of one month’s notice. The Committee also notes that the Ministry of Labour is competent to resolve any dispute amicably.

In view of the situation of vulnerability effecting migrant domestic workers, the Committee requests the Government to take the necessary measures to ensure that the Bill governing the conditions of work of domestic workers is adopted in the very near future. It requests the Government to provide a copy of the definitive text once it has been adopted.

The Committee is raising other points in a request addressed directly to the Government.