Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Lebanon (Ratification: 1977)

The Committee notes the Government’s report.

Articles 1 and 2 of the Convention. In its observations concerning the Government’s previous report, while noting that workers and members of trade union committees were protected against dismissal for trade union activities (section 50(d) and (e) of the Labour Code), the Committee had recalled that the protection provided for in Article 1 of the Convention covered not only dismissal, but all other discriminatory measures both at the time of taking up employment and during the course of employment (transfers, demotions and other prejudicial acts). It had also requested the Government to adopt measures providing for effective and sufficiently dissuasive sanctions to protect workers’ organizations against all acts of anti-union discrimination and to protect workers’ and employers’ organizations against acts of interference against each other.

The Committee notes with interest that, according to the Government, under the terms of section 46 of the Budget Act of 2000, the rates of fines for infringements of labour legislation (including the provisions respecting anti-union discrimination) have been multiplied by 25.

The Committee also notes the Government’s indication in its report that the draft amendment to the Labour Code provides adequate protection against acts of interference. The draft also prohibits any discrimination in relation to employment on grounds of trade union membership both at the time of recruitment and during the course of employment.

The Committee requests the Government to provide a copy of the draft amendment to the Labour Code and hopes that the future Code will prohibit all acts of anti-union discrimination and interference and will set out effective and sufficiently dissuasive penalties against such acts, as well as rapid compensation procedures.

Article 4. In its previous observations, the Committee had also requested the Government to ensure that the new legislation lowers the percentage of representation required by a trade union to engage in collective bargaining (60 per cent), as well as the percentage of the members of the general assembly of a union required to approve an agreement so that it can come into effect (two-thirds). The Committee notes that the commission responsible for the amendment of the Labour Code has reduced the percentage of representation from 60 to 51 per cent. The Committee notes that, according to the Government, the level of 51 per cent has never impeded the right of bargaining nor is it opposed in the country, and is justified by the fact that the agreement applies to all the workers in the establishment concerned, whether or not they are unionized. While noting the Government’s indications on the law and practice, the Committee recalls that where, in a system for the designation of an exclusive bargaining agent, no union represents the required percentage to be designated the exclusive bargaining agent, the rights of collective bargaining should be accorded to the most representative trade unions in the unit concerned, at least to bargain on behalf of their own members. In this respect, the Committee requests the Government to take the necessary measures to bring its legislation into conformity with the Convention on this point.

With regard to the requirement of the approval of two-thirds of the general assembly for a collective agreement to come into effect, the Government indicates that the commission for the amendment of the Labour Code will examine the question of changing this proportion so that the level of two-thirds is calculated on the basis of the 51 per cent proposed as the quorum required for the general assembly of the union. The Committee requests the Government to keep it informed in this respect and to examine the possibility of this matter being determined by the rules of the bargaining agents.

Article 6. In its previous observations, the Committee had requested the Government to amend the legislation so that workers in the public sector governed by Decree No. 5883 of 1994 benefited from the right to collective bargaining and it had recalled that recourse to compulsory arbitration in three enterprises in the public sector covered by Decree No. 2952 of 20 October 1965 should only be at the request of both parties. The Government indicates in its report that the commission for the amendment of the Labour Code is currently examining the comments of the Committee of Experts.

The Committee once again requests the Government to ensure that the necessary amendments are made to the labour legislation on all the points raised above so as to bring it into conformity with the requirements of the Convention and to keep it informed of any progress achieved in this respect.