Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 138) sur l'âge minimum, 1973 - Liban (Ratification: 2003)

Autre commentaire sur C138

Observation

Demande directe

Afficher en : Francais - Espagnol - ArabicTout voir

The Committee previously noted the Government’s statement that the draft amendments to the Labour Code had reached an advanced stage and would be referred to the competent authority for its adoption in the shortest delay.

The Committee notes the Government’s indication that it has submitted the draft amendment to the Labour Code to the Council of Ministers for its examination and approval, but that this was delayed due to a change in governments. The Government declares that as soon as a new government is formed, the draft amendments will be submitted once again to the Council of Ministers for their re-examination. Moreover, the Committee notes that the country is participating in an ILO technical assistance programme, the Special Programme Account (SPA) project. It notes with interest that this technical assistance resulted in the development of action plans to concretely address the comments of the Committee, including the adoption of a list of types of hazardous work. In this regard, the Committee notes the indication contained in the mission report of the tripartite inter-ministerial workshop carried out in February 2013 within the framework of the SPA (SPA mission report), according to which it is planned to adopt the draft amendments to the Labour Law within the year, national circumstances permitting. Considering that the Government has been referring to the draft amendments to the Labour Code for a number of years, the Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the amendments are adopted in the very near future. Furthermore, the Committee encourages the Government to take into consideration, during the review of the relevant legislation, the following comments on discrepancies between national legislation and the Convention.

Article 2(1) of the Convention. Scope of application. The Committee previously noted that the Labour Code only applies to work performed under an employment relationship (by virtue of sections 1, 3 and 8 of the Code). The Committee reminded the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not. The Committee noted that Chapter 2, section 15, of the draft amendments to the Labour Code, prepared by a tripartite committee, provides for rules governing “the employment or work of young persons”. The Committee noted the Government’s statement that the principles in this amendment therefore include all young persons, and not solely those bound by an employment relationship. The Committee once again requests the Government to take the necessary measures to ensure the adoption in the near future of the draft amendments to the Labour Code relating to self-employed children or children in the informal economy, and to provide a copy, once adopted.

Article 2(2). Raising the minimum age for admission to employment or work. In its previous comments, the Committee noted that, at the time of ratifying the Convention, Lebanon declared 14 years as the minimum age for admission to employment or work and that Act No. 536 of 24 July 1996, amending sections 21, 22 and 23 of the Labour Code, prohibits the employment of young persons before they complete 13 years of age (i.e. beginning of 14 years). The Committee also noted that the Government intended to amend the Labour Code to prohibit the employment or work of young persons before they complete 14 years (that is, beginning of 15 years). The Committee noted that section 19 of the draft amendment to the Labour Code prohibits the employment or work of persons under the age of 15 years. Noting that the Government specified a minimum age of 14 years at the time of ratification, the Committee drew the Government’s attention to the fact that Article 2(2) of the Convention establishes the possibility for a State which decides to raise the initially specified minimum age for admission to employment or work to notify the Director-General of the ILO by means of a further declaration, thus enabling the age fixed by the national legislation to be aligned to that provided for at the international level. The Committee once again requests the Government to provide information on any progress made in the adoption of the provisions of the draft amendments to the Labour Code regarding the minimum age for employment or work.

Article 2(3). Compulsory education. The Committee previously noted that Act No. 686/1998 relating to free and compulsory education at the primary school level insufficient educational facilities. The Committee noted the information in the November 2008 report of the Minister of Education and of Higher Education submitted to UNESCO for the 48th International Conference on Education entitled “The Development of Education in Lebanon”, that the Government intended to raise the age at which compulsory education ends, from the current 12 years to 15 years of age.

The Committee notes the Government’s information that the Higher Council for Childhood of the Ministry of Social Affairs, in collaboration with the Jesuit University and “Sidroom”, has prepared a draft law which raises the minimum age of compulsory education to 15 years and that this draft law has been sent to the Council of Ministers for examination. The Committee once again emphasizes the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If the minimum age for admission to work or employment is lower than the school-leaving age, children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see the 2012 General Survey on the fundamental Conventions concerning rights at work, paragraph 370). Noting the Government’s intention to raise the age of completion of compulsory schooling to 15 years, the Committee once again reminds the Government that pursuant to Article 2(3) of the Convention the minimum age for admission to employment (currently 14 years) should not be lower than the age of completion of compulsory schooling. Therefore, the Committee urges the Government to intensify its efforts to raise the minimum age for admission to employment or work to 15 years (with the adoption of the draft amendments to the Labour Code), and to provide for compulsory education up until this minimum age. The Committee requests the Government to provide information on any new developments on this point in its next report.

Article 3. Minimum age for admission to, and determination of, hazardous work, and admission to hazardous types of work from the age of 16 years. The Committee previously urged the Government to take the necessary measures to ensure the adoption by the Council of Ministers of the Draft Decree Prohibiting Hazardous Work (as issued by Advisory Opinion No. 239 of the State Council on 26 May 2009).

The Committee notes with satisfaction the adoption of Decree No. 8987 on the prohibition of the employment of minors under the age of 18 in works that may harm their health, safety or morals. The Committee observes that, according to this decree, minors under the age of 18 shall not be employed in prohibited types of work and activities which, by their nature, harm the health, safety or morals of children, limit their education and constitute one of the worst forms of child labour included in Annex No. 1 of the Decree. Moreover, minors under the age of 16 shall not be employed in such types of hazardous work which are listed in Annex No. 2 of the Decree, and which include work in agricultural activities; work in factories that manufacture tiles, rocks, and the like, work in building, demolition, excavation, construction, and heights climbing, and working in commercial and industrial enterprises. Minors who are at least 16 years of age may be employed in the types of work listed in Annex No. 2, provided that they are offered full protection for their physical, mental and moral health, and provided that they have received a special education or appropriate vocational training in the relevant field of work.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted the Government’s information that section 16 of the draft amendments to the Labour Code provides for the definition of “training contract” and states that the minimum age to receive vocational training under a contract is 14 years, provided that conditions to safeguard the health, safety or morals of the young persons in question are respected. The Committee once again expresses the firm hope that section 16 of the draft amendments to the Labour Code, fixing a minimum age of 14 years for entry into an apprenticeship, in conformity with Article 6 of the Convention, will be adopted in the very near future.

Article 7. Light work. In its previous comments, the Committee noted that section 19 of the draft amendments to the Labour Code provides that employment or work of young persons in light work may be authorized when they complete 13 years of age (except in different types of industrial work in which the employment or work of young persons under the age of 15 years old is not authorized), on the condition that such employment or work, by its nature or the circumstance in which it is carried out, does not jeopardize their development, health, safety or morals. Section 19 further states that this work should not weaken their capacity to benefit from the instruction received, nor should it impact on their participation in vocational orientation and training approved by the competent authority. The Committee also noted the Government’s statement that light work activities would be determined by virtue of an Order promulgated by the Ministry of Labour. The Committee further noted that the Ministry of Labour set up a committee, pursuant to Memorandum 58/1 of 20 June 2009, which in consultation with employers’ and workers’ organizations, shall formulate this statute, among other labour standards.

The Committee notes the Government’s information that a study on the legal shortcomings was prepared, including a comparative analysis of the national laws and international conventions relating to child labour, which will lead to a review of the existing legislation and the formulation of a draft law on light work. The Committee once again requests the Government to take the necessary measures to ensure the formulation and adoption of a statute determining light work activities, in conformity with Article 7 of the Convention, following the adoption of the draft amendments to the Labour Code. It requests the Government to provide information on the progress achieved in its next report.

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