Night Work (Women) Convention (Revised), 1948 (No. 89) - Lebanon (Ratification: 1962)

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

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Definition of the term “night”. The Committee recalls its previous comment in which it had noted that draft section 36 of the revised Labour Code was expected to align the definition of the term “night” with the requirements of Article 2of the Convention, thus providing for a period of at least 11 consecutive hours including an interval of at least seven consecutive hours falling between 10 p.m. and 7 a.m.Noting from the Government’s latest report that the revision process of the Labour Code is still under way, the Committee hopes that the Government will not fail to examine, in consultation with the social partners, and in particular with women workers, the possibility of amending the national legislation. In this connection, it draws the Government’s attention to the possibility of ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-circumscribed conditions, or the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. It requests the Government to provide information on any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Definition of the term “night”. The Committee recalls its previous comment in which it had noted that draft section 36 of the revised Labour Code was expected to align the definition of the term “night” with the requirements of Article 2 of the Convention, thus providing for a period of at least 11 consecutive hours including an interval of at least seven consecutive hours falling between 10 p.m. and 7 a.m. Noting from the Government’s latest report that the revision process of the Labour Code is still under way, the Committee hopes that the Government will not fail to examine, in consultation with the social partners, and in particular with women workers, the possibility of amending the national legislation. In this connection, it draws the Government’s attention to the possibility of ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-circumscribed conditions, or the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. It requests the Government to provide information on any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2 of the Convention. Definition of the term “night”. The Committee recalls its previous comment in which it had noted that draft section 36 of the revised Labour Code was expected to align the definition of the term “night” with the requirements of Article 2 of the Convention, thus providing for a period of at least 11 consecutive hours including an interval of at least seven consecutive hours falling between 10 p.m. and 7 a.m. Noting from the Government’s latest report that the revision process of the Labour Code is still under way, the Committee hopes that the Government will not fail to examine, in consultation with the social partners, and in particular with women workers, the possibility of amending the national legislation. In this connection, it draws the Government’s attention to the possibility of ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-circumscribed conditions, or the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. It requests the Government to provide information on any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2 of the Convention. Definition of the term “night”. The Committee notes the Government’s indication that draft section 36 of the revised Labour Code is expected to align the definition of the term “night” with the requirements of Article 2 of the Convention, thus providing for a period of at least 11 consecutive hours including an interval of at least seven consecutive hours falling between 10 p.m. and 7 a.m. The Government adds that the tripartite committee entrusted with the revision of the Labour Code will examine the Committee’s additional observations and will also consider the informal opinion prepared by the Office in 2003 concerning the meaning and implications of certain provisions of the 1990 Protocol to Convention No. 89. The Committee requests the Government to keep the Office informed of any progress made in the finalization of the revised Labour Code and to transmit a copy of the new text once it has been adopted.

More generally, while noting that the labour legislation continues to apply a general prohibition against the employment of women in the industrial sector during the night, the Committee wishes to draw the Government’s attention to the fact that protective measures for female workers, such as blanket prohibitions or restrictions – as contrasted with special measures aimed at protecting women’s reproductive and maternal capacity – are increasingly subjected to extensive criticism as obsolete and unnecessary infringements of the fundamental principle of equality of opportunity and treatment between men and women. The Committee is fully aware, of course, that as a long-term goal, the full application of the principle of non-discrimination will only be attained progressively through appropriate legal reforms and varying periods of adaptation, depending on the stage of economic and social development or the influence of cultural traditions in a given society. It is in this sense that the Committee considered in paragraph 169 of its General Survey of 2001 on the night work of women in industry that “the protections afforded by Convention No. 89 and its Protocol should be available to those women who need them, but they should not be used as a basis for denying all women equal opportunity in the labour market”. It went on to conclude in paragraph 201 that “Convention No. 89, as revised by the 1990 Protocol, retains its relevance for some countries as a means of protecting those women who need protection from the harmful effects and risks of night work in certain industries, while acknowledging the need for flexible and consensual solutions to specific problems and for consistency with modern thinking and principles on maternity protection”. The Committee therefore hopes that in the context of the ongoing revision process of the Labour Code, the Government will not fail to examine, in consultation with the social partners, and in particular with women workers, the possibility of modernizing its legislation by ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-circumscribed conditions, or the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. It requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Definition of the term “night”. The Committee notes the Government’s indication that draft section 36 of the revised Labour Code is expected to align the definition of the term “night” with the requirements of Article 2 of the Convention, thus providing for a period of at least 11 consecutive hours including an interval of at least seven consecutive hours falling between 10 p.m. and 7 a.m. The Government adds that the tripartite committee entrusted with the revision of the Labour Code will examine the Committee’s additional observations and will also consider the informal opinion prepared by the Office in 2003 concerning the meaning and implications of certain provisions of the 1990 Protocol to Convention No. 89. The Committee requests the Government to keep the Office informed of any progress made in the finalization of the revised Labour Code and to transmit a copy of the new text once it has been adopted.

More generally, while noting that the labour legislation continues to apply a general prohibition against the employment of women in the industrial sector during the night, the Committee wishes to draw the Government’s attention to the fact that protective measures for female workers, such as blanket prohibitions or restrictions – as contrasted with special measures aimed at protecting women’s reproductive and maternal capacity – are increasingly subjected to extensive criticism as obsolete and unnecessary infringements of the fundamental principle of equality of opportunity and treatment between men and women. The Committee is fully aware, of course, that as a long-term goal, the full application of the principle of non-discrimination will only be attained progressively through appropriate legal reforms and varying periods of adaptation, depending on the stage of economic and social development or the influence of cultural traditions in a given society. It is in this sense that the Committee considered in paragraph 169 of its General Survey of 2001 on the night work of women in industry that “the protections afforded by Convention No. 89 and its Protocol should be available to those women who need them, but they should not be used as a basis for denying all women equal opportunity in the labour market”. It went on to conclude in paragraph 201 that “Convention No. 89, as revised by the 1990 Protocol, retains its relevance for some countries as a means of protecting those women who need protection from the harmful effects and risks of night work in certain industries, while acknowledging the need for flexible and consensual solutions to specific problems and for consistency with modern thinking and principles on maternity protection”. The Committee therefore hopes that in the context of the ongoing revision process of the Labour Code, the Government will not fail to examine, in consultation with the social partners, and in particular with women workers, the possibility of modernizing its legislation by ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-circumscribed conditions, or the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. It requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Further to its previous comments, the Committee notes that the Government once again refers to the new draft amendment of the Labour Code which is expected to give full effect to Article 2 of the Convention concerning the 11-hour minimum night rest for women employed in industrial undertakings. Recalling that the Government has been giving assurances for several years that the Labour Code will be brought into line with the requirements of the Convention once the revision of the Code is completed, the Committee hopes that the draft amendment will be adopted without further delay and requests the Government to indicate in its next report any progress made in this regard.

Moreover, the Committee notes that under the draft amendment, the Labour Minister is empowered to authorize variations to the duration of the night period and to suspend the prohibition of night work provided that the workers concerned explicitly consent to such measures and that the establishment in question offers sufficient guarantees in respect of occupational safety and health. The Committee is obliged to observe that the provision on exemption possibilities and variations in the duration of the night period is not in strict conformity with the Convention but might be permissible - subject to certain conditions - under the more flexible standards set forth in the 1990 Protocol to Convention No. 89.

In this respect, the Committee wishes to refer to paragraphs 191-202 of its 2001 General Survey on the night work of women in industry, in which it observed that the present trend is no doubt to move away from a blanket prohibition against women’s night work and to give the social partners the responsibility for determining the extent of the permitted exemptions. It also noted that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and strengthening non-discrimination. The Committee further recalled that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (to which parenthetically Lebanon acceded in 1997), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.

More concretely, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. It also suggested that greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify the new Night Work Convention, 1990 (No. 171), to realize the advantages of modernizing their legislation in line with the provisions of the Protocol.

Therefore, the Committee once again invites the Government to give favourable consideration to the ratification of the 1990 Protocol which affords greater flexibility in the application of the Convention while remaining focused on the protection of female workers. As regards the Government’s request for the informal opinion of the Office concerning the meaning and implications of certain provisions of the Protocol, the Committee is informed that the Office has replied by letter dated 9 June 2003 (ref. ACD 5-89). Finally, the Committee would be grateful to the Government for providing, in accordance with Part V of the report form, up-to-date information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the application of the exceptions allowed under the provisions of the Convention, etc.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee takes notes of the Government’s reports and the information supplied in answer to its previous comments.

The Committee recalls its comments in which it noted that, under section 26 of the Labour Code Act of 23 September 1946, women may not be employed during the night between 8 p.m. and 5 a.m. from 1 May to 30 September, that is a period of nine hours, whereas Article 2 of the Convention provides for a nightly rest of at least 11 consecutive hours.

The Committee notes that a draft amendment is currently being considered by the competent authorities with a view to bringing the definition of the term "night" into conformity with the provision of the Convention. The Committee also notes the Government’s statement that, by virtue of section 2, paragraph 2, of the Law on the Principles of Civil Trials (Ordinance No. 90 of 16 September 1983 as amended), the ratification and subsequent publication of international agreements and Conventions gives them the force of law and in case of conflict between the provisions of international treaties and those of national law, the former supersedes the provisions of the latter.

The Committee recalls that international labour Conventions are not self-executing instruments, and thus ratifying States are under the obligation to take the necessary measures to bring their national laws and practice into conformity with the provisions of those Conventions. The Committee hopes that the review process of the Labour Code will soon be completed, and that the discrepancy to which it has been drawing attention for many years will thus be eliminated. The Committee reiterates its suggestion that the Government examine the possibility of requesting technical assistance from the International Labour Office.

The Committee takes this opportunity to invite the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171) or the Protocol of 1990 to Convention No. 89.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee takes note of the Government's report and the information supplied in answer to its previous comments.

Article 2 of the Convention. In its previous comments the Committee recalled that the nine-hour night period prescribed by section 26 of the Labour Code is inconsistent with the Convention which provides for a period of at least ll consecutive hours. The Committee notes the Government's statement that the Ministry of Labour will address the question of incorporating the provisions of the Convention in the Labour Code when it is updated and that work on amendment of the Code has been delayed by the particular circumstances prevailing in the country. It also notes that the review of the Code will be resumed in the near future with the assistance of ILO experts. The Committee hopes that, in accordance with the Government's assurances, the provisions of section 26 of the Labour Code will be brought into line with the Convention when the Code is revised. It suggests that the Government examine the possibility of requesting technical assistance from the International Labour Office.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that for a number of years the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 2 of the Convention. The Committee referred to its earlier comments and recalled that the night period of nine hours laid down by section 26 of the Labour Code is not in conformity with the provisions of the Convention, which lay down a period of at least 11 consecutive hours. It noted with interest from the last report of the Government that a new draft Labour Code contains a provision to this end. The Committee hoped that the draft will be adopted shortly and requested the Government to indicate any progress made.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee refers to its earlier comments and recalls that the night period of nine hours laid down by section 26 of the Labour Code is not in conformity with the provisions of the Convention, which lay down a period of at least 11 consecutive hours. It notes with interest from the last report of the Government that a new draft Labour Code contains a provision to this end. The Committee hopes that the draft will be adopted shortly and requests the Government to indicate any progress made.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee refers to its earlier comments and recalls that the night period of nine hours laid down by section 26 of the Labour Code is not in conformity with the provisions of the Convention, which lay down a period of at least 11 consecutive hours. It notes with interest from the last report of the Government that a new draft Labour Code contains a provision to this end. The Committee hopes that the draft will be adopted shortly and requests the Government to indicate any progress made.