Lebanon

The ITUC does not have an affiliate in Lebanon. The Union Coordination Committee is the main national centre.
Lebanon ratified Convention No. 98 on the Right to Organise and Collective Bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
in 1977 but has not ratified Convention No. 87 on the Right to Organise and Collective Bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is recognized by law but strictly regulated.
Anti-Union discrimination
The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Barriers to the establishment of organisations
- ’Prior authorisation or approval by authorities required for the establishment of a union’
- The law confers broad powers on the Ministry of Labour, whose authorisation is required prior to the setting up of a trade union of any kind.
- Restrictions on trade unions’ right to establish branches, federation and confederation or to affiliate with national and international organisations
- Article 106 of the Labour Code states that unions wishing to organise into federations can only do so if they are authorised to do so by the Ministry of National Economy.
Restrictions on workers’ right to form and join organisations of their own choosing
- Single trade union system imposed by law and/or a system banning or limiting organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
- Article 85 of the Labor Code: "It is forbidden for the same union to group together persons belonging to different professions, since all members of the union must exercise the same or similar professions. The limit between similar professions and occupations and the limits of the professions whose members are authorized to form trade unions among themselves shall be fixed by order of the Minister of National Economy on the proposal of the Social Affairs Service".
Restrictions on trade unions’ right to organise their administration
- Restrictions on the right to freely draw up their constitutions and rules
- Article 89 of the Labour Code requires unions to draw up rules of procedure approved by a two-thirds majority of the members at the general meeting. They will only be applicable after approval by the Ministry of National Economy.
- Restrictions on the right to elect representatives and self-administer in full freedom
- The Ministry of Labour controls all trade union elections, including the date of the election, the procedure to be followed and the ratification of the results.
- Restrictions on the right to freely organise activities and formulate programmes
- The law forbids trade unions to engage in any political activity.
- Administrative authorities’ power to unilaterally dissolve, suspend or de-register trade union organisations
- The law permits the administrative dissolution of trade unions.
- Other external interference allowed by law
- According to article 98 of the Labour Code, the rate of contribution must be set by the internal regulations and can only be changed by the approval of two-thirds of the members of the committee and ratification by the general assembly and the Ministry of National Economy". Furthermore, according to article 103 of the Code, "the union committee is prohibited from contracting any debt or accepting donations exceeding one thousand Lebanese pounds without the approval of the general assembly and the authorization of the Ministry of National Economy".
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Other civil servants and public employees
- Government employees can not set up and belong to trade unions and federations.
- Agricultural workers
- Some categories of agricultural workers are not covered by the country’s Labour Code.
- Domestic workers
- Domestic workers do not have the right to form and join unions.
- Temporary / contract workers
- Day workers and temporary workers in the public services are not covered by the country’s Labour Code.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law but strictly regulated.
Barriers to the recognition of collective bargaining agents
- Excessive requirements in respect to trade unions’ representativity or minimum number of members required to bargaining collectively
- A minimum of 60% of workers must agree before a union can engage in collective bargaining.
Restrictions on the scope of application and legal effectiveness of concluded collective agreements
- Excessive majority required to authorise the endorsement of a draft collective agreement
- Collective agreements must be ratified by two thirds of union members at a general assembly.
Right to strike
Right to strike
The right to strike is recognised by law but strictly regulated.
Barriers to lawful strike actions
- Other undue, unreasonable or unjustified prerequisites
- The right to strike is limited by the obligation to establish the number of participants in advance and the requirement that five per cent of the union’s members be given responsibility for maintaining order during the strike.
Undermining of the recourse to strike actions or their effectiveness
- Excessive sanctions for damages caused by strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike actions - The organisers must sign a document whereby they assume full responsibility for all damages occurring during a demonstration.
- Other legal provisions undermining the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike - Pursuant to article 340 of the Penal Code, civil servants may be downgraded for their participation in a strike.
In practice
Two Nepalese migrant domestic workers, namely Sujana Rana (known as Zogana Rana) and Roja Linmbu (known as Rosie Limbaugh), have been detained by the Lebanese authorities because of their direct involvement in a campaign demanding decent working conditions for foreign domestic workers in the middle-eastern country.
The two domestic workers, both members and militants of Lebanon’s domestic workers union, were deprived of personal freedom within five days in late November and early December.
Overall, the discriminatory and retaliatory nature of the arrest of the two women is clear. They were fighting for recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. of better working conditions for the 250,000 migrant domestic workers present in the country, coming mainly from Ethiopia, the Philippines, Nepal and Sri Lanka and often suffering from physical and psychological abuse at the hands of their employers.
The mayor of the Lebanese village of Deir Al-Ahmar prohibited a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
called by Syrian displaced workers and threatened to repatriate those workers who were planning to participate in it. The collective action was organised to denounce the inhumane, degrading and discriminatory conditions applied to Syrian workers together with discriminatory treatment perpetrated against them by the municipality itself, the security forces and some of the town residents.
On 25 January 2015, six Lebanese workers submitted a request to the Labour Ministry to form a union for domestic workers, who are currently excluded from the protection of the Lebanese labour code. The proposed union would include domestic workers and others who provide care in homes for the elderly and those with disabilities, those who provide cleaning services in homes and offices, and some other similar categories.
On 25 January 2015, with the support of the International Labour Organization
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
(ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
), the International Trade Union Confederation (ITUC), and the Federation of Trade Unions of Workers and Employees (FENASOL) in Lebanon, approximately 350 domestic workers of various nationalities gathered for the union’s founding congress. But union members said they had received no response to their request, and the Labour Minister Sejaan Azzi denounced the union as illegal, media reports said.
The 1946 Lebanese Labour Code specifically excludes domestic workers, both Lebanese and migrants, denying them protections afforded other workers. Families in Lebanon employ an estimated 250,000 migrant domestic workers, primarily from Sri Lanka, Ethiopia, the Philippines, and Nepal. Under article 92 of the Labour Code, all foreign workers are also explicitly denied the right to elect or be elected as representatives of a union.
As a result, thousands of workers have been denied the right to freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
, and there are inadequate legal safeguards for migrant workers and some Lebanese labourers, leaving them vulnerable to abuse and exploitation.
The most common complaints documented by the embassies of labour-sending countries and nongovernmental groups include mistreatment by recruiters, non-payment or delayed payment of wages, forced confinement to the workplace, a refusal to provide any time off, forced labour, and verbal and physical abuse. Despite repeated public announcements by Lebanese officials that they would improve conditions for migrant domestic workers, reforms have been insignificant.
It was reported that retail chain Spinneys, employer of 1,500 workers, dismissed three workers (Samir Tawk, Miled Barakat and Elie Abi Hanna) for being trade union members in breach of Article 329 of the Lebanese Criminal Code. The workers had asked management to comply with the increase of the minimum wage passed in February 2012. Spinneys responded by threatening workers with dismissals and dismissed Samir Tawk from the retailer’s Achrafieh branch. CEO Michael Wright is now facing charges before the Criminal Court.
Mar Elias Batina Private School in Beirut replaced Hanna Gharib, head of the Union Coordination Committee, who was leading the teacher’s strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in March 2013. On 1 April 2013, school management decided Hanna Gharib could continue to teach at the school. Teachers had gone on a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
demanding pay increases in the public sector. The Lebanese Forces Department of Workers and Employees condemned the school’s initial decision and stated this was an attack against the entire labour movement.
In February, the Union Coordination Committee instigated a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
with the participation of the public civil servants league, public school teachers and private school teachers union to protest against the Government’s procrastination to refer the wage bill to Parliament. The Government responded by intimidating the workers through the Internal Security Forces which sent a statement to the Union Coordination Committee announcing it would take all measures necessary to keep public order during the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.
The government has often interfered in trade union affairs, instigating or aggravating conflicts within the trade union movement. Senior politicians have managed to have their nominees placed on the governing body of the Lebanese General Workers Union (CGTL), causing friction within the union when it opposes government policy. Union elections in January saw disputes over alleged pro-Syrian bias.
There are approximately 400,000 Palestinian refugees in Lebanon, which accounts for 11% of the Lebanese population. Palestinians are not allowed to form trade unions, as there has to be a reciprocal arrangement with their home state. Previously Palestinian refugees had been severely restricted in the type of work they could obtain, but with the passing of a new law Palestinian refugees were guaranteed the same rights at work as other foreigners.