Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Labour Inspection Convention, 1947 (No. 81) - Lebanon (Ratification: 1962)

The Committee notes with deep concern that the Government’s overdue report on Convention No. 81 has not been received. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 3(1) and (2) of the Convention. Primary functions and additional duties of labour inspectors. 1. Supervision of union matters. The Committee previously noted that, pursuant to section 2(c) of Decree No. 3273 of 26 June 2000, the labour inspectorate has the power to monitor vocational organizations and confederations at all levels in order to check whether the latter, in their operations, are exceeding the limits prescribed by law and by their rules of procedure and statutes. It recalls that for many years it had requested the Government to take steps to limit labour inspectors’ intervention in internal trade union affairs. The Committee also noted the Government’s reply in its report received in 2016 that the role of labour inspectors is limited to accessing union records, and only in cases where a union submits its final account or if a union council member files a complaint. The Committee nevertheless wishes to recall that, according to Article 3(1) of the Convention, the primary functions of the labour inspection system shall be to monitor and secure the conditions of work and the protection of workers while engaged in their work, and that in accordance with Article 3(2), any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority or impartiality of inspectors in their relations with employers and workers. In this respect, the Committee had expressed reservations in its 2006 General Survey on labour inspection, paragraph 80, regarding an excessively close supervision by labour inspectors of the activities of trade unions and employers’ organizations, to the extent that it may amount to interference in these organizations’ legitimate activities. The Committee urges the Government once more to take the necessary steps to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspection, which is to provide for the protection of workers in accordance with Article 3(1) of the Convention. In this respect, it urges the Government to ensure that any supervision of trade union activities is carried out only in relation to the protection of the rights of trade unions and their members and does not take the form of interference in their legitimate activities and internal affairs.

2. Work permits for migrant workers. While noting information in the 2022 follow-up Labour Force Survey for Lebanon concerning a possible out-migration of migrant workers, particularly domestic workers, from Lebanon since 2018, the Committee also notes indications provided by the ILO Decent Work Technical Support Team that the system for monitoring work permits through the labour inspectorate has remained unchanged in its essence. The Committee requests the Government to take measures to ensure that the functions assigned to labour inspectors to monitor work permits do not interfere with the main objective of labour inspection to secure the enforcement of legal provisions relating to conditions of work and the protection of workers, as required under Article 3(1) of the Convention. It requests the Government to provide information on the time and resources spent on labour inspection activities related to the issuance, renewal, and inspection of work permits, compared to activities aiming at the enforcement of legal provisions relating to conditions of work and the protection of workers.

Article 12(1) and (2). Right of inspectors to enter freely any workplace liable to inspection. In its previous comments, the Committee requested the Government to amend Memorandum No. 68/2 of 2009, which requires prior authorization in writing for all unscheduled inspection visits, although according to section 6 of Decree No. 3273 of 2000 on Labour Inspection, labour inspectors shall have the authority to enter freely and without prior notice all enterprises under their supervision during hours of work at the enterprise. The Committee also noted the Government’s indication in its report received in 2016 that written authorization is provided in order for an inspection to be carried out, and that inspections are carried out as part of an inspector’s annual or monthly programme. In this regard, the Committee recalls once more Article 12 of the Convention, which provides that labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. It recalls that the requirement to obtain prior permission to undertake an inspection in all cases constitutes a restriction on the free initiative of inspectors to undertake an inspection, including where they have reason to believe that an undertaking is in violation of the legal provisions. The Committee urges the Government to take measures to amend Memorandum No. 68/2 of 2009 to ensure that labour inspectors provided with proper credentials are empowered to enter freely any workplace liable to inspection, in accordance with Article 12(1) of the Convention, and to provide copies of any texts or documents showing progress in this regard.

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