Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) - Lebanon (Ratification: 1962)

The Committee notes the information provided by the Government in its report, and particularly the amendments made to the Labour Code by Act No. 91 of 14 June 1999, amending sections 23 and 25 of the Labour Code, by Act No. 536 of 24 July 1996, amending sections 21, 22 and 23 of the Labour Code, as well as Decree No. 3273 on labour inspection and Memorandum No. 47/2 of 18 July 2000.

Article 1, paragraph 3, of the Convention. The Committee notes with interest that under Decree No. 3273 on labour inspection, the Department of Labour Inspection, Protection and Safety is responsible for the implementation of the legislation setting out the conditions of employment and protection of workers, and the international Conventions ratified by Lebanon. More particularly, the Department is responsible for the supervision of compliance with measures on protection and safety in family enterprises, especially in relation to work which, by its nature or the conditions under which it is performed, may jeopardize the life, health or morals of employees.

Article 2, paragraph 1. The Committee notes with interest the information provided by the Government in its report that Act No. 536 of 24 July 1996 amended section 23 of the Labour Code, which now provides that it is prohibited to cause to work young persons between 9 p.m. and 7 a.m., that is for a period of 12 hours, in accordance with this provision of the Convention.

Article 3, paragraphs 1 and 3. The Committee notes with interest that section 23 of the Labour Code, as amended by Act No. 91 of 14 June 1999, prohibits night work by young persons under 18 years of age and that a rest period of at least 13 consecutive hours must be granted to young persons between two working periods, in accordance with these provisions of the Convention.

Article 3, paragraph 2. The Committee notes the information provided by the Government that section 25 of the Labour Code has been amended by Act No. 91 of 1999. This provision of the Code provides that, in vocational education establishments, it is permitted to make derogations from the provisions of sections 22 and 23 of the Labour Code respecting work by young persons, provided that the young person is not under 12 years of age. While noting that section 25 of the Labour Code, in its current wording, no longer refers to welfare establishments, the Committee nevertheless notes that this provision allows exceptions to be made to the prohibition of night work for young persons aged 12 years. The Committee reminds the Government that Article 3, paragraph 2, of the Convention permits the competent authority to authorize exemptions from the prohibition of night work solely for young persons between the ages of 16 and 18 years where the needs of their apprenticeship or vocational training so require in industries or occupations which are required to be carried on continuously and after consultation with the organizations of employers and workers. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure the application of this provision of the Convention so that, if it intends to have recourse to Article 3, paragraph 2, the exceptions to the prohibition of night work are only authorized for young persons between 16 and 18 years of age, and under the conditions referred to above.