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

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

Article 3(2) of the Convention. The Committee previously noted that the national legislation allowed exceptions to be made to the prohibition of night work for young persons aged 12 years. It noted that section 16 of the draft Labour Code, which was prepared by the tripartite committee set up by the Ministry of Labour’s Order No. 210/1 of 2000, specifies that a training contract is a contract observed by an employer in their undertaking, notably in an industrial undertaking, so as to provide a full occupational vocational training to a person who is at least 14 years of age, on the condition that the safety, health and morals of the young person concerned are ensured. The Committee reminded the Government that, by virtue of Article 3(2) of the Convention, in the case of an apprenticeship or vocational training at night where industries or occupations are required to be carried out continuously, young persons must be at least 16 years of age and the apprenticeship or vocational training must be authorized by the competent authority, after consultation of the organizations of employers and workers. The Committee noted the Government’s information that the draft amendment to the Labour Code was referred to the ILO for its comments, which the Government has recently received, so as to revise it to better bring its provisions into conformity with the ratified Conventions.

The Committee notes with interest the adoption of Decree No. 8987 of 29 September 2012 on the prohibition of the employment of minors under the age of 18 years in works that may harm their health, safety or morals, according to which works requiring night shifts (between 7 p.m. and 7 a.m.) are prohibited to children under 16 years of age.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 3(2) of the Convention. The Committee had previously noted that the national legislation allowed exceptions to be made to the prohibition of night work for young persons aged 12 years. It notes that section 16 of the draft Labour Code, which was prepared by the tripartite committee set up by the Ministry of Labour’s Order No. 210/1 of 2000, specifies that a training contract is a contract observed by an employer in their undertaking, notably in an industrial undertaking, so as to provide a full occupational vocational training to a person who is at least 14 years of age, on the condition that the safety, health and morals of the young person concerned are ensured. The Committee reminds the Government that, by virtue of Article 3(2) of the Convention, in the case of an apprenticeship or vocational training at night where industries or occupations are required to be carried on continuously, young persons must be at least 16 years of age and the apprenticeship or vocational training must be authorized by the competent authority, after consultation of the organizations of employers and workers. The Committee notes the Government’s information that the draft amendment to the Labour Code was referred to the ILO for its comments, which the Government has recently received, so as to revise it to better bring its provisions into conformity with the ratified Conventions. The Committee requests the Government to clarify whether the prohibition on night work for children under 18 by virtue of Act No. 91 of 1999 also applies to children between 16 and 18 years undertaking an apprenticeship or vocational training at night. If not, the Committee trusts that the Government will effectively take into consideration the Office’s and Committee’s comments in the revision of the draft amendment to the Labour Code, so as to ensure that if it intends to have recourse to Article 3(2) of the Convention, 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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It asks the Government to provide information on the following points.

Article 2, paragraph 1, of the Convention. The Committee notes with interest the Government’s information that Act No. 91 of 14 June 1999, amending section 23 of the Labour Code, provides that it is prohibited for children to be employed between 7 p.m. and 7 a.m., that is for a period of 12 hours, in accordance with this provision of the Convention.

Article 3, paragraph 2. The Committee had previously noted that the national legislation allowed exceptions to be made to the prohibition of night work for young persons aged 12 years. It notes that section 16 of the draft Labour Code, which was prepared by the tripartite committee set up by the Ministry of Labour’s Order No. 210/1 of 2000, specifies that a training contract is a contract observed by an employer in their undertaking, notably in an industrial undertaking, so as to provide a full occupational vocational training to a person who is at least 14 years of age, on the condition that the safety, health and morals of the young person concerned are ensured. The Committee reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, in the case of an apprenticeship or vocational training at night where industries or occupations are required to be carried on continuously, young persons must be at least 16 years of age and the apprenticeship or vocational training must be authorized by the competent authority, after consultation of the organizations of employers and workers. The Committee notes the Government’s information that the draft amendment to the Labour Code was referred to the ILO for its comments, which the Government has recently received, so as to revise it to better bring its provisions into conformity with the ratified Conventions. The Committee requests the Government to clarify whether the prohibition on night work for children under 18 by virtue of Act No. 91 of 1999 also applies to children between 16 and 18 years undertaking an apprenticeship or vocational training at night. If not, the Committee trusts that the Government will effectively take into consideration the Office’s and Committee’s comments in the revision of the draft amendment to the Labour Code, so as to ensure that if it intends to have recourse to Article 3, paragraph 2, of the Convention, 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.

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

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.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its report. It notes the information that the Committee's comments will be taken into consideration when the Labour Code is updated, and hopes that the Government will soon be able to provide full information on the following points which the Committee raised in its previous direct request:

Article 1, paragraph 3, of the Convention. Limitation of the exemption respecting family undertakings, prescribed in section 7(3) of the Labour Code, to work "which is not deemed to be harmful, prejudicial or dangerous to young persons", in accordance with this provision of the Convention.

Article 2, paragraph 1. Prohibition of night work for a period of at least 12 consecutive hours, as prescribed by the Convention, instead of only 11 hours, as prescribed by section 23(2) of the Labour Code.

Article 3, paragraph 1. Prohibition of night work in the case of young persons under 18 years of age, in accordance with the Convention, instead of 16 years, as prescribed by sections 21 and 23 of the Labour Code.

Article 3, paragraph 2. Limitation of the exemptions respecting night work for vocational training establishments, provided for by section 25 of the Labour Code, to "specified industries or occupations which are required to be carried on continuously", and authorization of such exemptions only in the case of young persons aged at least 16 years and subject to consultation with the employers' and workers' organizations concerned.

Article 3, paragraph 3. Requirement to grant a rest period of at least 13 consecutive hours between two working periods in the case of young persons employed at night for the purpose of vocational training, in accordance with this provision of the Convention.

The Committee also asks the Government to indicate the types of welfare establishment in which exemptions are permitted from the prohibition of night work in the case of young persons under section 25 of the Labour Code or of the corresponding provisions of the new Code.

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 comments which covered the following points:

Article 1, paragraph 3, of the Convention. Limitation of the exemption respecting family undertakings, prescribed in section 7, subsection 3, of the Labour Code, to work "which is not deemed to be harmful, prejudicial or dangerous to young persons", in accordance with this provision of the Convention.

Article 2, paragraph 1. Prohibition of night work for a period of at least 12 consecutive hours, as prescribed by the Convention, instead of only 11 hours, as prescribed by section 23, subsection 2, of the Labour Code.

Article 3, paragraph 1. Prohibition of night work in the case of young persons under 18 years of age, in accordance with the Convention, instead of 16 years, as prescribed by sections 21 and 23 of the Labour Code.

Article 3, paragraph 2. Limitation of the exemptions respecting night work for vocational training establishments, provided for by section 25 of the Labour Code, to "specified industries or occupations which are required to be carried on continuously", and authorisation of such exemptions only in the case of young persons aged at least 16 years and subject to consultation with the employers' and workers' organisations concerned.

Article 3, paragraph 3. Requirement to grant a rest period of at least 13 consecutive hours between two working periods in the case of young persons employed at night for the purpose of vocational training, in accordance with this provision of the Convention.

The Committee also requests the Government to indicate the types of welfare establishments in which exemptions are permitted from the prohibition of night work in the case of young persons under section 25 of the Labour Code or of the corresponding provisions of the new Code.