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Article 1 The employer is any person, natural or juridical, who in an industrial, trading, or agricultural enterprise employs a worker in some capacity against wage or salary, even if this wage or salary is paid in kind or in profit-sharing. Article 2 The worker is any man, woman or adolescent who works for consideration of a wage or salary in an employer's premises within the terms of reference indicated in the preceding article, in accordance with an individual or group contract, written or oral. Article 3 Workers are classified into employees and workmen groups: - The employee is any salary-earner who performs a desk job or a non manual job. - The workman is any wage-earner who is not within the group of employees. As to trainees, casual or journeymen, they are likened to employees if they perform a job normally entrusted to employees and they are likened to workmen if they perform other jobs. The trainee is any worker still undergoing training and who has not acquired in his profession the technique of the skilled worker. Article 4 The corporation is the body of workers, of employers, or of master-craftsmen who belong to one of the categories referred to in the following article and grouped into associations, in accordance with the terms set down under Title IV of the present law. Article 5 Corporations are classified under four main headings: 1 - Industrial corporations; 2 - Trading corporations; 3 - Agricultural corporations; 4 - Professional corporations. All rights of total or partial reproduction are reserved CLAE611 Article 6 The small craft industry is any industry or trade where the proprietor works by himself or with other hands without the direction of another employer, on condition that the number of assistants does not exceed fifteen including the members of the master -craftsman's family. Article 7 Are exempted from the present law: 1 - Domestic servants employed in private houses; 2 - Agricultural corporations which have no connection with trade or industry and which shall be the object of a special law; 3 - Family concerns employing solely members of the family under the management either of the father, the mother, or the guardian; 4 - Municipal or government services in what concerns the employees and casual wage-earners and journeymen, who are not governed by the civil servants regulations. These agents shall be the object of a special law. Article 8 All employers, wage-earners and salary-earners, to the exclusion of those who are excepted by a special text, shall be submitted to the provisions of the present law. Equally submitted to this law are all establishments as well as their branches and subsidiaries whether they are of a trading or industrial character, of Lebanese or foreign nationality, public or private, secular or religious, including those cultural establishments, national or foreign, charitable associations and foreign companies operating a business or an agency or a branch in the country. Article 9 Any natural or juridical person who, according to the provisions of the present law, employs any number of wage-earners and salary-earners in one of the' establishments referred to in the preceding article, is required to make a declaration thereof to the Social Affairs Service within two months of the publication of this law in the Official Gazette. For concerns employing more than 25 persons, this declaration is to be accompanied by the personnel statutes in conformity with the requirements of the present law. A prior declaration must be made about new concerns within a time-limit of two months dating from their foundation. All establishments are, additionally, required to submit the following declaration: 1 - If an establishment referred to in the preceding article is planning to employ wage-earners and salary-earners whatever their number; 2 - If an establishment having ceased employing wage-earners and salary-earners, for at least six months, intends to resume hiring others; 3 - If an establishment employing wage-earners and salary-earners changes operator; 4 - If another establishment employing wage-earners and salary earners is removed to another site or if it is the object of expansion or transformation entailing modification in the nature of its industrial or trading pursuits; 5 - If an establishment employing no women or youths under sixteen years of age, plans to hire a number of them; 6 - If an establishment using no motive power or mechanical tools starts using them. The declaration must be made out by the Head of this establishment and specify which of the above cases it answers, and indicate the name and address of the Declarant, the site of the establishment, the exact nature of the industries or trading carried on and, if the case so requires, the employment of women and youths under sixteen years of age and the use of driving power and mechanical tools. CHAPTER 1 - Work contract Article 10 No one who has not completed. his 21st year of age is authorised to receive trainees of under sixteen years. Article 11 No one may commit himself by any work covenant for his lifetime, nor pledge himself for his lifetime not to engage in a given profession. Any covenant which would directly or indirectly lead to these effects is void as a matter of right, irrespective of its form. Article 12 The work contract may be either written or oral. In both cases it is submitted to the authority of Common Law. The written contract is to be worded in Arabic; it may however be translated into a foreign language if the foreign employer or wage-earner or salary-earner does not know Arabic. Article 13 (abrogated by the Law promulgated by Decree No. 9640 of 6 February 1975) Article 14 It shall be remitted to every wage-earner and salary-earner by the Social Affairs Service a book called "work book", bearing the name of the wage-earner or salary-earner, copy of his identity card, his speciality, medical examinations, the date of his entry and exit in each establishment. If the wage-earner or salary-earner so requires, the book may mention his daily, weekly, or monthly wage or salary. Article 15 No employer, man or woman, bachelor, widow, separated or divorced may accommodate in his lodging a minor on his service. Article 16 Persons who have been convicted and imprisoned for theft, forgery, breach of trust or swindling or for any offence or crime of misdemeanour may not receive trainees under age. Article 17 The incapacity resulting from the preceding article may be lifted on petition by order of the Minister of National Economy Article 18 The employer is required to teach the trainee, gradually and thoroughly, the trade or special profession for which he has been engaged. At the end of the training period he shall deliver a certificate stating the trainee's proficiency. Article 19 After the first two training months, which shall be considered as a trial period, the employer is bound to pay the trainee a wage equivalent to at least: - One-third of the normal wage, for the first period; Half the wage, for the second period; Two-thirds of the wage, for the third period. Article 20 All stipulations designed to outline the need and the terms of the training contract, as well as the exams at the end of the training period, shall be the object of decrees passed by the Council of Ministers. Labour inspectors shall be charged to see to the execution of these decrees and to supervise the enforcement of the provisions of the present law. A decree shall determine the powers of these officials who are seconded to the Social Affairs Service of the Ministry of National Economy. CHAPTER 2 - Employment of children and women A - Employment of children Article 21 (as modified by Law No. 536 of24 July 1996) The employment of adolescents under eighteen years of age is subject to the provisions of the present chapter. Article 22 (as modified by Law No. 536 of24 July 1996) It is absolutely forbidden to set to work adolescents who have not yet completed their thirteenth year of age. An adolescent may only begin to work after a medical examination to ascertain that he can carry out the work for which he was hired. ---------------------------------------------------------------------------------------------------------------- (1) Since 1951 the Social Affairs Service of the Ministry of National Economy has been styled "The Ministry of Labour and Social Affairs". Medical certificates are delivered free of charge by the Ministry of Public Health until the adolescent reaches the age of eighteen. They may be withdrawn at any time if it is later noticed that the adolescent is no longer capable of doing the work for which he was hired. Article 23 (as modified by Law No. 536 of24 July 1996 and (Law N¡ã 91 of 14 June 1999 It is forbidden to set adolescents to work in industrial enterprises or in jobs which are too strenuous or detrimental to health, listed in Annexes No.1 and No.2 of the present law, before they have completed their fifteenth year of age. It is also forbidden to set to work adolescents before they have completed their sixteenth year of age in jobs of a dangerous nature or which represent a threat to life, health or public morals because of the circumstances in which they are carried out. These jobs shall be determined by decree issued by the Council of Ministers on the proposal of the Minister of Labour. It is forbidden to set adolescents, who have not yet completed their eighteenth year of age, to work more than six hours a day, with a break of at least one hour if the daily working period exceeds four consecutive hours. It is also forbidden to set them to work between seven o'clock in the evening and seven o'clock in the morning. A period of rest of at least 13 unbroken hours must be granted to the adolescent between two periods of work, and it is absolutely forbidden to set him to work on an additional job or to set him to work during daily or weekly periods of rest or during holidays or periods during which the establishment is closed. Every adolescent employed in an establishment for at least one year shall be entitled to an annual holiday of 21 days with full pay. The adolescent shall benefit from at least two-thirds ofthe period of holiday without interruption, and he shall benefit from the rest of the period during the same year. Article 24 The establishment of the age of children and adolescents shall be effected under the responsibility of employers, irrespective of the categories to which they belong. They are required to ask every child or adolescent to produce his identity card before hiring him. Article 25 (as modified by Law N¡ã 91 of 14 June 1999) Vocational training establishments may derogate to the provisions of article 22 and 23 on condition that the adolescent is not under full twelve years of age and on condition that the programme of the said establishments specifies the nature of the trades, the hours and conditions of work and that it is approved both by the Ministry of Labour and Public Health Services. B - Employment of women Article 26 (as modified by Law N¡ã 207 of26 May 2000) The employer may not discriminate between working men and women with regard to : type of work, amount of wage or salary, employment, promotion, professional qualification, and apparel. Article 27 The employment of women is forbidden in all those industries and jobs listed in Annex NO.1 of the present law. Article 28 (as modified by Law N" 207 of26 May 2000) Women working in all categories mentioned in the present law are entitled to a delivery holiday of seven weeks, comprising the period before and the period after delivery, on presentation of a medical certificate stating the presumed date of delivery. Article 29 (as modified by Law N¡ã 207 of26 May 2000) The wage or salary shall be paid in full during the delivery holiday. The woman who has availed herself of the seven-week delivery holiday, with full pay, has the right to receive the wage or salary for the period of her ordinary annual holiday, which she may obtain during the same year, in compliance with article 39 of the Code of Labour. It is forbidden to dismiss or to serve notice of dismissal on a woman lying-in, unless she is convicted of having been employed elsewhere in the course of the said period. C - Provisions common to children and women Article 30 Shall be penally responsible for the enforcement of the provisions of the present chapter concerning the employment of children, adolescents and women: I - Employers and their proxies; 2 - Parents or guardians who have hired out or allowed to be hired out their children or adolescents or the children or adolescents in their charge, contrary to the provisions of the present law. CHAPTER 3 - Work hours and holidays Article 31 Forty-eight hours is the maximum duration of work per week in the different categories listed in article 5, except the agricultural corporations. As for the duration of work of children and adolescents, this must conform to the requirements of articles 22 to 25. Article 32 Duration of work may be diminished by ministerial order from the Ministry of National Economy in a number of exacting and unwholesome jobs. It may be increased in certain cases such as restaurants and cafes. Article 33 It is permissible to derogate to the requirements of article 31 in cases of emergency and to raise the duration of work to twelve hours a day on condition that : 1 - The requirements of paragraphs 2 and 3 of article 23 are observed; 2 - The Social Affairs Service is informed within 24 hours of the intervening case and of the time necessary to perform the work; 3 - That the wage or salary for the overtime provided by the wage-earner or salary-earner is 50% higher than the rate of normal hours. Article 34 Whenever the duration of work exceeds six non-stop hours for men and five non-stop hours for women, the employer is required to allow these wage-earners and salary-earners in the middle of the day, a rest-time which is not to be under one hour. A rest -time of unbroken nine hours is to be allowed wage-earners and salary-earners every twenty four hours, except in cases where the circumstances of work compel otherwise. Article 35 In trading or industrial establishments, the employer or his agent is required to post in a visible place the work hours of the different categories of wage-earners and salary-earners, and to communicate copy of same to the Social Affairs Service. Article 35/1 (as added by Law No. 48/66 of26 August 1966) By ministerial order from the Minister of Labour and Social Affairs issued on the proposal of the Director General, the opening, closing and working hours of establishments, as well as the similar or identical jobs and trades carried on by a group of natural or juridical persons, shall be fixed on the request of 60 per cent of the members of this group within a Mohafazat (governorate), a town or a Caimacamat ( sub-governorate), or within a given region, village or district. A ministerial order shall lay down the basis to be adopted to determine the foregoing ratios. Article 36 All wage-earners and salary-earners are to be granted a weekly rest which must not be under thirty-six unbroken hours. The employer is to select the day of this rest or distribute it among the wage-earners and salary-earners in sympathy with the requirements of the work. Article 37 In the cases referred to in article 33, the wage-earner or salary-earner in charge of a job may choose, either to benefit from a rest equivalent to the weekly rest, of which he has been deprived, or to draw wage or salary for the hours during which he has worked. Article 38 Every wage-earner or salary-earner whose father or mother or spouse or one of his children or grandchildren or one of his ascendants has died is entitled to a two-day holiday with full pay. Article 39 Every wage-earner or salary-earner employed in an establishment for at least one year is entitled to an annual leave of fifteen days with full pay. The employer may choose the date of these leaves in sympathy with the requirements of service. The employer may not dismiss the wage-earner or salary-earner nor serve him with dismissal notice while his leave is in progress. Article 40 (as modified by the Law promulgated by Decree No. 7607 of 13 April 1974) If the wage-earner or salary-earner is affiicted with a disease other than the diseases of his trade or labour accidents covered by Decree-Law No. 25/ET of 4 May 1943 (1), he shall be entitled to a sick leave fixed as follows: 1 - Half a month with full pay and half a month with half pay for the wage-earner or salary¬earner who has had three months' service or more up to two years' service. 2 - One month with full pay and one month with half pay for the wage-earner or salary-earner who has had more than two years' service and up to four years' service. 3 - One month and a half with full pay and one month and a half with half pay for the wage¬earner or salary-earner who has had more than four years' service and up to six years' service. 4 - Two months with full pay and two months with half pay for the wage-earner or salary-earner who has had more than six years' service and up to ten years' service. 5 - Two months and a half with full pay and two months and a half with half pay for the wage¬earner or salary-earner who has had more than ten years' service. Article 41 These sick leaves shall be granted on the evidence of the medical report either of the wage¬earner's or salary-earner's attending doctor, or the doctor of the establishment. The employer is entitled to have the certificate produced by the wage-earner or salary-earner checked by a doctor. These sick leaves may be renewed in the course of the year as many times as is necessary until the maximum time-limits listed in the preceding article have been exhausted. If these leaves exceed one month, the employer is entitled to reduce the annual leave up to eight days. Article 42 The employer may not dismiss the wage-earner or salary-earner nor serve on him a dismissal notice while he is on sick leave. Article 43 Any agreement contrary to the provisions of the present chapter concerning the duration of work and holidays is null as a matter of right. But wage-earners and salary-earners may take advantage of covenants or statutes which are more favourable to them. CHAPTER 4 - Pay Article 44 The minimum pay must be sufficient to meet the essential needs of the wage-earner or salary¬earner and his family, with due consideration to the nature of the work. Pay is not to be less than the official minimum pay. Article 45 The minimum pay is fixed by commissions comprising representatives of the Ministry of National Economy, the employers, the wage-earners and salary-earners. Article 46 The minimum pay assessed shall be rectified whenever economic circumstances render such review necessary. Article 47 The pay, if it is not in kind, must be paid out in official money notwithstanding any clause to the contrary. It is to be paid at least once a month to employees and twice a month to workers. For all piece work the execution of which is to last more than fifteen clear days, the date of payment may be fixed by mutual agreement, but the worker must receive down payments on account every fifteen days and be fully paid up within the fortnight following delivery of the piece of work. Payment is to be effected on work days and in the work premises. Article 48 Wage-earners' and salary-earners' pay for the last year is endowed with the character of preferential debts. It stands next in rank to Treasury claims for legal expenses and mortgages. These principles are applicable also in cases of insolvency. Article 49 The wage-earner who holds an object wrought by him is authorised to exercise retaining rights, within the framework of the terms of article 677 of the Code of Obligations and Contracts. Movable objects entrusted to a wage-earner for shaping, repairing or cleaning, and which have not been withdrawn within two years of the execution of work may be sold out as is provided by Legislative Decree No. 46 of20 October 1932 regarding the pledge of movable objects, so that the wage-earner may be compensated for the sums owing him by the employer by reason of the object handed to the wage-earner. CHAPTER 5 - Dismissal Article 50 (as modified by the Law promulgated by Decree No. 9640 of6 February 1975) A - The employer and the worker shall each have a right to terminate at any time the work contract of unspecified duration concluded between them. However, in case of misuse or abuse of this right, the aggrieved party shall be entitled to claim indemnity assessed in conformity with the following bases: In case termination stems from the employer, indemnity shall be assessed in accordance with the nature of the worker's job, of his age, his service period, his family status, his health condition, the scope of the prejudice and the extent of misuse of that right, on condition that indemnity as awarded by the Court shall be neither less than the wages of two months nor higher than the wages of twelve months, (such indemnity to be) over and above those indemnities reverting to the worker due to the fact of his dismissal. - In case termination stems from the worker on grounds other than those authorised by law, and if it should be proved that he has caused prejudice or embarrassment to the employer, indemnity for damages shall be valued at the equivalent of between one and fourth months' wages depending on the case, (such indemnity to be) over and above the indemnity due for previous notice mentioned in paragraph C. B - He who should deem that termination is the outcome of misuse or abuse of right, shall have to institute proceedings to this effect before the Conciliation Board within a time-limit of one month dating from his notification of termination; he shall have to ground his complaint on all modes of evidence. The Conciliation Board shall adjudicate within a maximum time-limit of three months. C - The employer and the worker shall each be required to advise the other of intent to terminate the contract, one month in advance in case a period equal or under three years has elapsed since the implementation of the work contract, two months in advance in case more than three years and less than six years have elapsed, three months in advance in case more than six years and less than twelve years have elapsed, and four months in advance in case twelve years or more have elapsed. Prior notice shall be effected in writing and shall be notified to the interested party; the latter shall be entitled to require clarifications of the causes on which termination is grounded if such causes are not indicated in the text of the notice. The party who should infringe the provisions of the preceding paragraph shall be liable to pay to the other party an indemnity equal to the amount of wages of the time-limit of notice set by law. If, after having terminated the contract without observing the obligation of prior notice, the worker should take service with a new employer who was aware of that situation, the latter shall be jointly held for what shall be awarded by the Court to the previous employer. Contrary to the provisions of the present paragraph, in case the worker takes service as trainee, the worker as well as the employer shall be entitled to terminate the work contract without any prior notice or indemnity in the course of the three months following signing on. D - Dismissal shall be considered as being the fact of misuse or abuse of right if it should occur in the following cases: I - For a non valid reason or for reason in no way pertaining to the worker's fitness or behaviour within the establishment or to the sound management and smooth running of the establishment. 2 - For having adhered or not to a given trade union, or for having engaged in a legal trade union activity, within the laws and regulations in force or within the framework of a group or individual labour agreement. 3 - For having stood for elections, or for having been elected as member of a trade union office or having represented the establishment's labour force, throughout the period of such representation. 4 - For having lodged, in good faith, with the competent Services, a complaint regarding the implementation of the provisions of the present law and of texts referring thereto, or having brought a case against the employer on the same basis. 5 - For having exercised his individual or public liberties within the framework of the laws in force. E - Contrary to the provisions of the first subsection of paragraph A, and excepting those cases mentioned in article 74 of the Code of Labour, dismissal of the members of Trade Unions Boards, duly elected, shall depend, during the period of their tenure, on recourse to the competent Conciliation Board. In this event, the employer shall be required to set out the reasons behind dismissal, and he may immediately suspend the worker from further employment pending the delivering of the decision of the Conciliation board on the substance of the case. The Conciliation Board chairman shall hold a special meeting to which both parties shall be convened for conciliation, within five days dating from recourse. Should conciliation fail, the Conciliation Board shall, in a full dress meeting, examine the substance of the case and adjudicate within a maximum time-limit of one month. In case dismissal is approved, the Board shall decide that the worker's rights be liquidated in conformity with the Code of Labour rules. In case dismissal is not approved, it shall decide to compel the employer to reinstate the worker, under penalty of having to pay him, additionally to the legal indemnities to which the worker is entitled, a supplementary amount ranging between twofold and threefold the amount mentioned in paragraph A of the present article. F - The employer shall be entitled to terminate all or part of his establishment's work contracts in the event offorce majeure or of compelling economic or technical circumstances, such as reduction of the size of the establishment, or replacement of a manufacturing process by another, or final stoppage of work. The employer shall be required to notify the Ministry of Labour and Social Affairs of his intent to terminate those contracts one month prior to execution; he shall equally be required to consult the Ministry on the programming of termination (of such contracts)taking into consideration workers' seniority in the establishment, their specialisation, their age, their family and social status, and finally the means deemed necessary for their re-employment. G - Workers laid-off in conformity with the preceding paragraph shall have the benefit, within one year of their termination of service, of priority right (preference) for re-employment in the establishment from which they were laid off if work is resumed normally and allows their taking on for newly-created jobs. Article 51 While the notice is running its course, the wage-earner or salary-earner may be absent for one hour a day during the work hours in search of a new job. Article 52 (as modified by Law No. 207 of 26 May 2000) The dismissal notice may not be served on : 1 - The expectant mother. 2 - The woman on delivery holiday. 3 - Any wage-earner or salary-earner on ordinary holiday or on sick leave. However, the employer is unencumbered by these restrictions if the wage-earner or salary-earner has found employment elsewhere in the course of the said holiday. Article 53 If the employer fails to comply with the rules regarding the dismissal notice, he shall have to pay the wage-earner or salary-earner the wage or salary for the days comprised in the time-limit of the notice, or those for the days during which the dismissal notice may not be served. Article 54 Pending the law on social security, the employer is required to pay the wage-earner or salary¬earner dismissed for any reason other than those listed in article 74, a dismissal indemnity equal to one month pay per year of service, and to half a month pay if the wage-earner or salary earner has been in service for less than a year. Notwithstanding the number of service years, the dismissal indemnity may in no case exceed the total of ten months wages for wage-earners employed in professions, in handicraft, by master-craftsmen or by the persons mentioned in article 10 of the Code of Commerce. Article 55 (as modified by Law No. 5/87 of2 May 1987) 1 - The wage-earner or salary-earner of sixty years of age or who has seen twenty five years service in the same establishment may, on his request, be dismissed and benefit from the dismissal indemnity. This same wage-earner or salary-earner has also the right to continue to work until the age offull sixty-four years: At this age, his subjection to the provisions of the Code of Labour, and therefore to the rules regarding dismissal indemnity, shall end, unless the establishment where he works or the group work contract allows him to work beyond the age of sixty-four years. 2 - If the wage-earner, salary-earner or employee request the payment of his indemnity at the age of sixty years or after twenty-five years service in the same establishment, he shall have no right to a new dismissal indemnity in case he keeps his employment until the age of sixty-four years. Article 56 The indemnities referred to in the preceding articles are due to all wage-earners and salary¬earners irrespective of the category to which they belong, even if they are out of the strength, _ casual or journeymen, on condition that they have seen uninterrupted service for at least one year. Sanctions concerning the dismissal indemnity lapse by time limitation within two years, dating from the day when the title to indemnity arises. Article 57 (as modified by the Law promulgated by Decree No. 8496 of2 August 1974) The pay to be taken for the assessment of indemnities referred to in the preceding article is the last one paid before dismissal or the dismissal advance notice. Pay is understood to be the basic remuneration calculated at the time and encashed by the wage-earner or salary-earner, as well as the allowances and commissions added to the basic pay. If pay was calculated in whole or in part on the basis of a commission, account shall be taken of the average sum actually encashed by the wage-earner or salary-earner during the twelve-month period before dismissal. Article 58 The hiring out of service for a specific period resulting from a contract or the nature of the work are not submitted to the requirements of the present chapter concerning advance notice and dismissal indemnity. Wage-earners and salary-earners having benefited from contracts for a specified period which has been renewed for at least two years, through contracting or by virtue of continuance of work are, in what concerns dismissal indemnity, likened to wage-earners and salary-earners under contracts of an unspecified period. Article 59 Any clause in a contract for the hiring out of service and, generally, any agreement between the employer and the wage-earner or salary-earner before or while work is in progress, standing in the way of the provisions of Chapter 4 regarding wages or salaries, or diminishing the sums due to workers according to these provisions, is null as a matter of right. ' But clauses of a specific covenant or of the personnel general statutes providing for more favourable conditions to wage-earners and salary-earners shall benefit them. On their dismissal foreign wage-earners and salary-earners benefit from the rights accorded to Lebanese workers, on condition of reciprocity. Moreover they are required to obtain a work permit from the Ministry of National Economy. Equally benefiting from the dismissal indemnity: the woman worker or employee who is bound to leave service because of marriage on condition that she serves advance notice on the employer within the time-limit referred to in article 13 and that she has seen more than one year service. This indemnity is payable only when marriage has been established. Article 60 Should modification intervene in the legal situation of the employer through inheritance, sale, relinquishment, merger or other changes, in the form of the establishment or its going into partnership, all the work contracts in force on the day of such modification are maintained between the new employer and the establishment staff. CHAPTER 6 - Protection of wage-earners and salary-earners Hygiene and Security Article 61 Without prejudice to the provisions of Legislative Decree No. 21 of2217/1936 regarding such establishments as may be dangerous, unwholesome or inconvenient, and to decrees and orders taken in pursuance of the above legislative decree and to the provisions of article 647 of the Code of Obligations and Contracts, the establishments referred to in article 8 of the present law must be kept in a constant state of cleanliness and offer the conditions of sanitation and convenience as may be required for the personnel. These establishments must be so appointed as to ensure the security of the wage-earners and salary-earners. Machines, works, transmission devices, tools and engines must be set up in the best possible conditions of security. Article 62 Decrees passed by the Council of Ministers on the advice of the Social Affairs Service shall determine: 1 - The overall measures of protection and hygiene applicable to all establishments subject thereto, notably in what concerns the security devices: lighting, ventilation and airing, drinkable water, lavatories, the removal of dust and smoke, bedding for the personnel, and fire-fighting. 2 - As and when necessities arise, the prescriptions required specifically in certain professions, or certain kinds of jobs. Article 63 Regarding the enforcement of the decrees referred to in the preceding article, inspectors must serve notice on the Heads of establishments that they are to conform to the said prescriptions before drafting the proces-verbal. Article 64 This warning is made out in writing and reproduced on a register provided to this end. It shall be dated and signed; it shall indicate the infringements established and fix a time-limit at the end of which such infringements shall have disappeared. Article 65 It is forbidden to all Heads of establishments, Managers or Agents, Foremen and, broadly speaking, to all persons vested with authority over the wage-earners and salary-earners to allow the introduction or distribution in the establishments referred to in article 8 of the present law, of alcoholic drinks for consumption by the personnel on the premises of their work. It is forbidden to all Heads of establishments, Managers, Agents, Foremen and, broadly speaking, to all persons vested with authority over the workers and employees to allow the admission or stay, in the establishments referred to in article 8 of the present law, of persons in a state of intoxication. TITLE II SOLE CHAPTER - Organisation of work Article 66 Any employer with fifteen wage-earners and salary-earners or more on his service is required to lay down labour regulations and personnel statutes in his establishment. These texts must bear the approval of the Ministry ofN ational Economy. Article 67 The statutes provided for in the preceding article may include a schedule of fines applicable on desk clerks and workers in the event offault or negligence during work; if the statutes do not provide for a schedule, or if there are no statutes, such schedule shall be established by order from the Ministry of National Economy. When the schedule is being worked out, the considerations set down in the following articles must be taken into account. Article 68 If in the course of work the wage-earner or salary-earner renders himself guilty of a grievous fault or of flagrant negligence or of infringement to the internal regulations of the establishment, the employer is entitled to impose on him by way of penalty a fine which shall not exceed the amount of three days' pay for a single fact. Such fine is no longer applicable, if fifteen days have passed since the establishment of the fault, the negligence or the infringement. Article 69 The employer who has sustained material damage resulting from fault, negligence or infringement to regulations is entitled to recoup the value of such damage out of the pay of the worker or employee. Article 70 In no case can the sums so withheld exceed, for a single month, the amount of five days' pay. Article 71 Fines imposed by way of penalty are to be fully allocated to mutual assistance works, excepting all others, created in the wage-earners' and salary-earners' interests, in conformity with the general rules that shall be determined by ministerial order from the Ministry of National Economy. Article 72 The wage-earner or salary-earner put under arrest by Court decision is considered suspended, as a matter of course. On his release he shall resume his job or (assigned to) a similar work. Article 73 Fines imposed on wage-earners and salary-earners shall be entered on a special register. The name of the penalised wage-earner or salary-earner, the nature of his offence and the date, the importance of the penalty and the terms of execution must be mentioned on the register. Labour inspectors may have access to this register at any time and ask for whatever additional information on the subject of the penalties inflicted. Article 74 The employer is entitled to cancel the work contract without paying any indemnity nor serve advance notice in the following cases: 1 - If the wage-earner or salary-earner has assumed a nationality that is not his; 2 - If the wage-earner or salary-earner engaged as trainee has not given satisfaction to the employer in the course of the first three months' service; 3 - If the wage-earner or salary-earner has been convicted of an act or has rendered himself guilty of a deliberate negligence with intent to cause material damage to the employer's prejudice. However, in order to take this reason for argument, the employer is required to inform in writing the Social Affairs Service of this infringement within three days of the establishment of the fact. 4 - If despite repeated warnings which have been served on him in writing the wage-earner or salary-earner commits three times in the course of a single year an important infringement to internal regulations; 5 - If without valid reason the wage-earner or salary-earner absents himself more than fifteen days per year or more than seven days at a stretch. Within twenty-four hours of his return the wage-earner or salary-earner is required to motivate his absence. For his part the employer must give the wage-earner or salary-earner written warning of the number of days during which the wage-earner's or salary-earner's absence is considered groundless, whenever this is the case. 6 - If the wage-earner or salary-earner has been sentenced to a year's imprisonment or more for a crime he has committed or if he has been guilty of an offence on the premises of his work and during work hours, and if the wage-earner or salary-earner has been condemned for facts or acts designated and sanctioned by article 344 of the Penal Code. 7 - If the wage-earner or salary-earner commits an unprovoked assault on the employer or his responsible Agent on the premises. Article 75 The wage-earner or salary-earner is entitled to leave work before the date provided for in the contract and without prior notice in the following cases: 1 - If the employer or his Agent has deceived him as to the conditions of work at the time when the contract was concluded. But the wage-earner or salary-earner forfeits his right from such argument if thirty days have elapsed since his engagement; 2 - If the employer does not honour his obligations towards the wage-earner or salary-earner, in conformity with the requirements of the present law; 3 - If the employer or his Agent commits a misdemeanour offence on the person of the wage¬earner or salary-earner or on a member of his family; 4 - If the employer or his Agent is guilty of assault or battery on the wage-earner's or salary¬earner's person. Article 76 If the wage-earner or salary-earner leaves his work for one of the reasons designated in the preceding article, the dismissal indemnities provided for in the present law shall be paid over to him. TITLE III SOLE CHAPTER - Arbitration board Article 77 (as modified by the Law promulgated by Decree No. 3572 of21/IO/l980) One or several Labour Arbitration Boards shall be set up in each Mohafazat (governorate) to have jurisdiction on disputes mentioned in article 1 of this law. This Board shall be composed of: A judge, of the 11th grade or above to be appointed by Decree on the proposal of the Minister ofJustice and after the approval of the Higher Council of the Bench. President - An employers' representative and a workers' representative to be appointed by decree on the proposal of the Minister of Labour and Social Affairs. Members Shall also be appointed two deputy members, one representing the employers and the other representing the workers, to substitute for the incumbent in case of absence or excuse, by decree on the proposal of the Minister of Labour and Social Affairs. Shall be appointed in the Council a Government Commissioner, to be selected among the civil servants of the Third Category of the General Directorates, provided that he is holder ofa LLB. The duties and prerogatives of the Government Commissioner shall be determined by decree on the proposal of the Minister of Labour and Social Affairs. The Government Commissioner shall be appointed in conformity with the same procedure. Article 78 The incumbents or the acting representatives of employers and wage-earners or salary-earners must meet the following conditions: I - Be of Lebanese nationality. 2 - Be fully twenty years of age. 3 - Have suffered no conviction for dishonourable offences or crimes. 4 - Have carried on their profession for at least five years. Article 79 The Arbitration Board deals with: 1 - Disputes arising from the assessment of the minimum pay. 2 - Disputes arising from labour accidents covered by Legislative Decree No. 25 of 4 May 1943. 3 - Disputes ansmg from dismissal, dereliction of work, fines and, more generally, all disputes between employers and wage-earners or salary-earners resulting from the enforcement of the provisions of the present law. Article 80 The Arbitration Board shall adjudicate disputes submitted for review in accordance with urgent procedure. Such disputes are exempted from judicial fees; as for Court expenses, these are borne by the losing party. Article 81 The Arbitration Board awards are open to no recourse, except for objection which may be initiated in accordance with normal procedure. Article 82 The Arbitration Board members shall receive an indemnity to be fixed by decree. TITLE IV - TRADE UNIONS CHAPTER 1 - General provisions Article 83 In every category of professions, employers on one hand, and wage-earners or salary-earners on the other, may set up a special trade union. This trade union is of juridical personality and is qualified to initiate legal proceedings. Article 84 Trade unions are intended solely to protect and promote the professional interests of the corporation and to raise its standard, defend its interests and favour its progress economically, industrially or commercially. All political activity is prohibited to trade uruons, including participation m meetings or demonstrations of a political colour. Article 85 It is forbidden to the one and same trade union to rally persons belonging to different professions, all the members of a trade union being required to carry on the same profession or similar professions. Boundaries between similar professions and trades and the boundaries of professions whose members are authorised to merge into trade unions shall be laid down by ministerial order from the Ministry of National Economy on the proposal of the Social Affairs Service. CHAPTER 2 - Formation of trade unions Article 86 No employers' or wage-earners' and salary-earners' trade union may be established except after due authorisation from the Ministry of National Economy. Article 87 Application for authorisation is filed with the Ministry of National Economy (Social Affairs Service). After consultation with the Ministry of Interior, the Ministry of National Economy issues an order of authorisation or refusal. The trade union shall be considered legal only after publication of the ministerial order in the Official Gazette. Article 88 The application for authorisation must be submitted in triplicate supported by three copies of the internal regulations and of the police record of the founder members. Stamps are affixed on the first copy which shall be returned to the Applicants with the approval order. The second copy is kept by the Ministry ofInterior and the third by the Social Affairs Service. Article 89 Every trade union must lay down internal regulations duly approved at the general meeting by a two-thirds majority of the attending members. It shall be enforceable only after approval by the Ministry of National Economy. CHAPTER 3 - Membership Article 90 Any employer or wage-earner or salary-earner is free to adhere to a trade union or not. Article 91 Any person wishing to join a trade union must meet the following conditions: 1 - Be of Lebanese nationality and enjoy unrestricted civil rights; 2 - Carry on the profession at the time of application; 3 - Be fully eighteen years of age; 4 - Be convicted of no crime or dishonourable offence. Article 92 Foreigners may jom a trade union if they meet the conditions provided for in paragraphs 2, 3, 4 of the preceding article and if they have a work permit in Lebanon where foreign members are not eligible or qualified to vote. They are however entitled to delegate one from among them to defend their interests before the committee of the trade union. Article 93 Applications for membership is presented to the trade union committee together with the identity card, and a work certificate approved by the Social Affairs Service and indicating that the Applicant carries on the profession represented by the trade union. Within fifteen days the trade union committee must decide by secret ballot whether the Applicant is to be admitted or refused. Article 94 The applicant may object to the refusal decision before the Social Affairs Service which then adjudicates his case. Article 95 The trade union committee may exclude member who commits acts grievously contrary to the purpose of the trade union or who infringes its internal regulations or refuses to pay his subscription. Article 96 Any member excluded from the trade union for reasons that he deems groundless may object against the exclusion decision before the Social Affairs Service which shall then adjudicate his case. Article 97 Any member is entitled to withdraw from the trade union by a letter of resignation tabled before the president on condition that he is not indebted to the trade union treasury. Article 98 The subscription rate shall be set down in the internal regulations. It may not be modified except following approval by two-thirds of the committee members and the ratification of the general meeting and the Ministry of National Economy. CHAPTER 4 - Trade union management Article 99 Every trade union is managed by a committee composed of a minimum four members and a maximum twelve. The internal regulations fix the exact number of members, due account being taken of these limitations. Article 100 (as modified by Law No. 41/71 of 15 June 1971) Committee members shall be elected for a term of four years by secret ballot. At the expiry of the first two years, half of the members shall be withdrawn by drawing lot and incoming members elected in their place. Members whose tenure has expired may be returned. Article 101 Oh their first meeting the committee members elect from among themselves a chairman, a secretary, and a treasurer. The committee chairman is the representative of the trade union. Article 102 The powers of the committee, of the chairman, of the secretary and of the treasurer, as well as their obligations, are set down in the internal regulations. Article 103 The trade union committee is not authorised to incur any debts whatever or to accept donations in excess of one thousand Lebanese pounds without the approval of the general meeting and the authorisation of the Ministry of National Economy. Article 104 The trade union is required to keep a register wherein there shall be entered the members' names, their age, place of origin, their residence, place of work, and another register showing all receipts and expenses. CHAPTER 5 - Final provisions Article 105 The government is entitled to dissolve any trade union committee which has not taken into account its incumbent obligations or has performed acts exceeding its competence. Election of the new committee is to take place within three months following the date of dissolution. And should these facts be ascribed to one of the committee members, the government is entitled to request his replacement or to take legal action against him if need be. Article 106 Trade unions may, under the name of Trade union Confederation, and within the same conditions as are imposed for the foundation of trade unions, merge together in order to organise their mutual relationship, provided that they are authorised to do so by the Ministry of National Economy. TITLE V - PENALTIES Article 107 (see Law of 17 September 1962) Article 108 (see Law of 17 September 1962) Article 109 The Court decision shall determine the time-limit in which the safety and health measures are to be carried out. If such measures are not executed within the time-limit set, the Court may ordain the closure of the establishment. TITLE VI - LABOUR EXCHANGES Article 110 (as modified by Law No. 39/71 of 14 June 1971) Municipalities at the seat of each Governorate are required to set up a Labour Exchange which shall operate under the authority of the Municipality President and the supervision of the Social Affairs Service, Ministry of National Economy. The creation of labour exchanges in other municipalities may be authorised by order from the Minister of National Economy. Employment agencies, even those operating on a non-profit basis, are required to obtain a permit from the Ministry of Labour and Social Affairs. Agencies already in existence before the publication of the present law shall have to apply for a permit within a time-limit of three months. The Minister of Labour and Social Affairs is authorised to cancel the said permit in case the proprietor of the employment agency fails to conform to the object for which the said agency was set up, or if he causes prejudice to interested parties or to public interest. In order that the application for a permit is approved, it is required: 1 - If the applicant is a natural person: A - That he is fully 21 years of age. B - That he enjoys civil rights and has not been sentenced for a crime or grievous offence or for an infringement in connection with narcotics. 2 - If the applicant is a juridical person: A - That it is duly formed in accordance with the laws in force. B - That its articles and regulations entitle it to undertake such activity. 3 - A ministerial order from the Minister of Labour and Social Affairs shall frame the conditions required for the formation of private employment agencies. Article III Labour exchanges are intended to : 1 - Receive, classify, co-ordinate and record in a special register, upon reception, applications for and offers of work for all categories of professions comprised in the corporations listed in the present law. 2 - Facilitate the hiring of the unemployed and take all steps for this purpose. 3 - Channel the unemployed in accordance with the country's economic needs and in conformity with their individual conditions and offers of work, to facilitate the shift of a wage-earner from one profession to another or from one region to another. 4 - To compile statistics on the number of the unemployed workers in each region and for each profession at times to be specified by the Ministry of National Economy. TITLE - FINAL PROVISIONS Article 112 The provisions of the present law do not apply to contracts running at the time of its publication, and all trade unions which are covered by articles 83 and subsequent ones of the present law, shall be submitted thereto within a time-limit of three months dating from its publication. Proceedings before the Courts of Common Law shall remain within the jurisdiction of these Courts. Article 113 Decrees issued by the Council of Ministers shall fix the terms of execution of the requirements of the present law. Article 114 All provisions oflaws or regulations contrary to the present law or inconsistent with its purport are abrogated. Beirut, 23 September 1946 Signed: Bechara Khalil EI-Khoury By the President of the Republic The President of the Council of Ministers The Minister of National Economy Signed: Saade El-Mounla The Minister of Justice Signed: Ahmad El-Husseini. LAW OF 30 APRIL 1959 Providing for Labour Day The Chamber of Deputies has adopted, The President of the Republic promulgates the law worded as follows: Sole Article The first day of May is an official celebration known as Labour Day. It is a holiday for all officials, workers and employees of State administrations, municipalities and public establishments, private trade and industrial concerns, as well as liberal professions, except those wherein the nature of work requires uninterrupted operation. The State, the public establishments and private concerns designated above may not reduce the salary of their officials or the wages of their workers and employees on account of this holiday. Wherever remuneration is assessed on time or output basis, they are required to pay the workers in question, a bonus indemnity equal to the average day's wage in the last three months. Officials, workers and employees kept on the job the first day of May are entitled to receive, in addition to their usual salaries and wages, a bonus indemnity equivalent to the salaries and wages for the aforementioned day. Concerns on holiday on the first day of May are entitled to put their wage-earners to work in compensation for the Labour Day hours, on condition that they comply with the stipulations of the laws in force and to pay their workers, officials and employees, as counterpart for these hours, an indemnity bonus equivalent to their usual remuneration, without submitting such remuneration to the rules of supplementary work hours. Any infringement to the provisions of the present law by employers shall put its author under the penalties provided under article 107 of the Code of Labour. The present law shall go into force upon its promulgation. Beirut, 30 April 1959 Signed: Fouad Chehab By the President of the Republic The President of the Council of Ministers Signed: Rachid Karameh The Minister of Labour and Social Affairs Signed: Raymond Edde CLAE505 All rights of total or partial reproduction are reserved LAW OF 17 SEPTEMBER 1962 Abrogating articles 107 and 108 of the Code of Labour of23 September 1946 The Chamber of Deputies has adopted, The President of the Republic promulgates the taw worded as follows: Article 1 Articles 107 and 108 of the Code of Labour of23 September 1946 are abrogated and replaced by the following articles: Article 2 (as modified by the Law promulgated by Decree No. 9816 of4 May 1968) Any infringer to the provisions of the present law, or to the decrees and orders relating to its enforcement and execution, shall be brought before competent Courts and shall be liable for each infringement to a fine going from 100 to 1,000 Lebanese pounds and to a term of imprisonment varying from one to three months or to either penalty. This penalty shall be doubled in the event of a second offence in the course of the same year. Extenuating circumstances nor judgement with stay of execution may be granted for an infringement committed by a contravener or his substitute already served with normal notice to put his situation in order. Every infringement shall be the object of a separate judgement for as many wage-earners as there may be, cumulative penalties being forbidden. Article 3 (as modified by the Law promulgated by Decree No. 9816 of 4 May 1968) The infringer shall not be prosecuted if, within fifteen days of the drafting of the proces-verbal, he pays the minimum fine provided under the second article, barring a second offence within a year's time. Article 4 (as modified by the Law promulgated by Decree No. 9816 of 4 May 1968) Whoever opposes himself to a civil servant in charge of establishing the contravention in the official discharge of his duties or, on the occasion of such discharge, interferes with his activities or prevents him from fulfilling his obligations is, without prejudice to sanctions provided by the Penal Code, under penalty ofa fine of between 500 and 1,000 Lebanese Pounds and ofa term of imprisonment of between one and three months or of either penalty, provided that extenuating circumstances or stay of execution are not granted and that the penalty is doubled in the event of a second offence. Article 5 If the owner of an enterprise refuses to abide by the safety and protection measures which have been notified to him by the competent commission, the director general of the Ministry of Labour and Social Affairs is authorised to ordain the temporary suspension of work in this enterprise for a period not to exceed ten days. But the salaries and wages of the desk clerks and workers shall be paid in full during the period of work stoppage. Article 6 The Labour Inspection Service shall draft the proces-verbaux of infringements to the provisions of the present law and to the texts of its enforcement. These proces-verbaux shall acquire power of proof, until the contrary has been established. Article 7 The present law shall come into force upon its publication in the Official Gazette. Zouk, 17 September 1962 Signed: Fouad Chehab By the President of the Republic The President of the Council of Ministers Signed: Rachid Karame The Minister of Labour and Social Affairs Signed: Jean Aziz LAW OF 21 NOVEMBER 1962 Providing for a compulsory holiday in all trade and industrial concerns on Independence Day The Chamber of Deputies has adopted, The President of the Republic promulgates the law worded as follows: Sole Article The national festival of Independence Day falling annually on 22 November is a public holiday with full pay for all servants, workers and employees working in private trade and industrial concerns or with private employers of the liberal professions, except for those wherein the nature of work requires continuity. In this case the provisions of the Law of30 April 1959 regarding Labour Day shall apply. The provisions of the present law are for the benefit of journeymen who work In public administrations and establishments of all descriptions. Any infringement to the provisions of the present law by employers shall put contraveners under penalties provided by article 2 of the Law of 17 September 1962. The present law shall come into force upon its promulgation. Zouk, 21 November 1962 Signed: Fouad Chehab By the President of the Republic The President of the Council of Ministers Signed: Rachid Karameh The Minister of Labour and Social Affairs Signed: Jean Aziz LAW No. 36/67 OF 16 MAY 1967 Fixing the minimum pay to employees and workers as well as the higher cost ofliving allowance (1) The Chamber of Deputies has adopted, The President of the Republic promulgates the law worded as follows: Article 1 As from 1 January 1967 the minimum monthly pay, set in article 4 of Legislative Decree No. 29 of 12 May 1943 and amended by the Law of 17 May 1961 and Law No. 12/65 of 17 February 1965, is raised to LL 160 throughout the Lebanese territory. This minimum is applicable to all wage-earners and salary-earners, men and women, aged at least 20, working full time, in conformity with the work hours in force in the establishment where they are employed, for each category of pay, and on condition not to undertake another paid job (I) Article 2 In pursuance of the provisions of the preceding article, the monthly pay represents a maximum 26 work days for journeymen, four weeks and one-third for the wage-earners and salary-earners working by the week, and 208 hours for wage-earners and salary-earners paid by the hour. Article 3 Wages and salary which were received on I January 1964 shall be increased by a higher cost of living allowance of 3.85%, in conformity with Law No. 12/65 of 17 February 1965. In no case can this increase be under LL 10 or over LL 40 as from 1 July 1966 (1) Article 4 Wage-earners and salary-earners appointed between 1 January 1964 and 1 January 1965 shall benefit of 50 percent of the increase fixed in article 3 of the present law, on the basis of their pay on appointment. Article 5 Are taken into consideration and deducted from the increases referred to in articles 3 and 4 above, pay raises granted expressly, by contract, by statutes, by inscription in the registers or by decision of the competent authority in what concerns public establishments (state corporations, for example) in view of the higher cost ofliving and to all the staff without exception of a given establishment, if these raises are equal or inferior to the legal raise. However, if these raises are higher than the rate fixed by the present law, they may not be scaled down. ---------------------------------------------------------------------------------------------------------------- (I) The minimum pay and the rate af the cast af living are periadically madified by decrees issued by the Council of Ministers in implementation of the provisions of article 6 a/the present law. Article 6 It shall be for the government, in case of necessity and when the need for it is felt, to set by decree issued by the Council of Ministers the official minimum pay and the cost of living index as well as the terms of its application, on the basis of surveys concerned with the fluctuations of the cost of living index which shall have to be made, at least every two years, by the Ministry of Planning. Article 7 Disputes ansmg from the enforcement of the provisions of the present law, the Law of 17 May 1961, the Law No. 12/65 of 17 February 1965 and the decrees which shall be promulgated in conformity with the provisions of article 6 of the present law, shall be settled by the Arbitration Commissions provided for by articles 6 and 7 of Law No. 12/65 of 17 February 1965. Outstanding disputes before Labour Courts shall be equally referred to these comrrussions. Article 8 Actions concerning wages or salary and related matters, such as raises, indemnities and overtime shall lapse within two years by time limitation. The rules of suspension and interruption of the time limitations mentioned in articles 354 to 362 of the Code of Obligations and Contracts shall apply in this matter. Article 9 The provisions of the present law are enforceable on all employers and wage-earners or salary¬earners subject to the provisions of the Code of Labour of23 September 1946. The present law shall go into force upon its publication in the Official Gazette (I) Sinn EI-Fil, 26 May 1967 Signed: Charles Helou By the President of the Republic The President of the Council of Ministers Signed: Rachid Karame The Minister of Labour and Social Affairs Signed: Sleiman El-Zein (1) The minimum pay and the rate of the cost of living are periodically modified by decrees issued by the Council of Ministers in implementation of the provisions of article 6 of the present law. MINISTERIAL ORDER No. 6695 OF 1 APRIL 1949 Concerning fines imposed by the employer on wage-earners by way of sanctions The Minister of National Economy and Social Affairs, Whereas Decree No. 12599 of26 July 1948, Whereas article 71 of the Code of Labour, On the proposal of the Head of the Social Affairs Service, and following the approval of the Director General, Orders the following: Article 1 Fines inflicted by the employer on the wage-earner by way of sanctions in conformity with what is prescribed by the Code of Labour are, as a matter of obligation, fully allocated to mutual assistance works. Article 2 The employer is required to create in his establishment for the deposit of these fines a special Fund which shall be under the control oflabour inspectors from the Social Affairs Service. Article 3 This Fund shall be managed by a committee composed of the employer or his Agent, one representative from the employees, and one representative from the workers, each of the last two being the highest in grade or in case of equality the senior in service and age. Article 4 Every employee or worker in service (in the establishment) for more than three months may benefit from the sums deposited in this Fund according to the following conditions: 1 - In the event of sickness of the wage-earner or of any member of his family and when there is need for immediate attendance. Sickness must be taken to mean any illness other than what may be the outcome of the craft or a labour accident. 2 - In the event of death of one of the wage-earner's ascendants or descendants. 3 - In case of wedding if the wage-earner is to meet expenses due to 'delivery'. 4 - On the occasion of a wedding when the wage-earner cannot afford the expenses therefor. The committee, solely qualified to approve the application, decides or refuses the allocation by majority vote. It shall on the other hand determine the amount of the allocation. The applicant has no channel of recourse against the committee decision. Article 5 The allowance granted may not exceed the amount of a week's pay and may not be under one day's wage. The wage-earner may not take advantage of allowances from the Fund more than once every six months. Article 6 The employer is required to record on a special register the fines paid into the Fund as well as the allowances paid out from the Fund. He is also required to send a final balance-sheet statement of the Fund to the Social Affairs Service, at the end of each year. Article 7 The employer is responsible for the management and safekeeping of the sums paid into the Fund, in his capacity as trustee. Article 8 In case there should exist in the establishment or in the employer's care a Provident Fund for the wage-earners' benefit, it shall be possible to lump this Fund with that of the fines, following approval by the Social Affairs Service. In this case the Provident Fund shall be submitted to the conditions provided for in the present ministerial order. Article 9 Any infringement to the present ministerial order comes under article 107 of the Code of Labour and under the laws in force. Article 10 The present ministerial order shall be published and communicated wherever there shall be need. Beirut, 1 April 1949 The Minister of National Economy and Social Affairs Signed: Philip Takla DECREE No. 4568 OF 30 JUNE 1960 Regarding the appointment of a doctor in each one of the state corporations and concerns which are under the provisions of the Code of Labour, in order to supervise the health condition of personnel The President of the Republic, Whereas the Lebanese Constitution, Whereas articles 8, 62 and 113 of the Code of Labour of 23 September 1946, Whereas articles 12,13,14,15,16 and 17 of Decree No. 6341 of24 October 1951, And following the approval of the Council of Ministers on 23/6/1960, Decrees the following: Article 1 All State Corporations and all concerns which are governed by the provisions of the Code of Labour or which are concerned with industry or trade and wherein the number of employees is in excess of twenty, are required to hire a doctor called the works medical officer whose job it will be to see to the health condition of employees, to take all effective sanitary measures in the work premises, and to diminish the incidence of common and occupational diseases to which employees are exposed, as well as labour accidents. Article 2 Works medical officers stand in direct line with the management of the concern. Article 3 Preference is given to doctors holding a "degree of occupational diseases", but this should be without prejudice to the rights of doctors who do not hold this degree and who held the post of medical officers in concerns prior to the present rule. These concerns are required to communicate to the Ministry of Labour and Social Affairs the name of their works medical officer. The conditions under which the Head of the concern is to enter into agreement with doctors graduate in occupational diseases shall be fixed by a subsequent decree. Article 4 Employees shall be subject to medical check-up by the works medical officer before their employment by the concern or subsequent to their appointment within a maximum time-limit of six days. This is intended to assess: 1 - Their physical and moral fitness in relation to the job they are going to do. 2 - Their health condition and whether they are infected with dangerous or contagious diseases. The works medical officer is required to fill : 1 - An acceptance card This shall be kept by the Head of the concern to be presented on the request of the inspector, the medical officer or the labour inspector. 2 - A health card In it are entered the reports of the periodic medical check up, the diseases which infect the employee and which are related to his job and his moral condition. The medical inspector from the ministries of Labour and Social Affairs and of Health and First Aid may have access to this Health Card, if need be, in which case they are bound by professional secrecy. Article 5 Employees shall be required to submit to medical examination, at regular intervals, specially those employees who undertake dangerous jobs as well as those who are not yet fully 18 years of age, expectant mothers and mothers of children under two years and the disabled. The works medical officer shall fix the number, the procedure and the time of these examinations, and the Head of the concern shall be under obligation to meet the necessary expenses for X-ray or laboratory tests, ifthe case so requires. Article 6 If the sick leave is in excess of 10 days, the wage-earner shall be required upon recovery to submit to the examination of the works medical officer who shall state if his health condition enables him to resume his previous job, if he is to be assigned temporarily to a lighter job, or propose appropriate measures in sympathy with his health condition. Article 7 The works medical officer shall discharge the duties of a Technical Advisor to Management in all that concerns the health of wage-earners, by : 1 - Attending to the execution of general preventive measures in the work premises particularly cleanliness, heating, lighting, lavatories and drinking water. 2 - Taking action to prevent and soften the noxious effects of dust, dangerous emanations of smoke, labour accidents, occupational diseases, and by studying and analysing human and material factors prevailing in the premises. 3 - Contributing to the improvement of work conditions, in the light of human physiological capacity. Article 8 Upon every change in technical methods, the works medical officer is to be consulted in order to assess the impact of such changes on health conditions. In the same way, the works medical officer must be acquainted with the nature of the raw materials in use, the industrial production processes, even the secret ones, in order to reduce or prevent, if possible, the incidence of diseases or labour accidents, resulting therefrom. Article 9 The head of the concern is required to abide by the recommendations of the works medical officer in all that regards the health of wage-earners provided that such recommendations do not run contrary to technical advice from competent official sources. Article 10 The works medical officer is under obligation to announce any occupational disease which he may ascertain in conformity with the regulations in force. Article 11 When the Medical Insurance Social Service goes into operation, the works medical officer shall be entitled to receive no remuneration from the Medical Insurance Fund for any medical attendance he may have performed on the wage-earners of the concern, when these wage¬earners have subscribed to the medical insurance social service. Article 12 The works medical officer shall cooperate with the medical insurance social service Fund in the research into and the execution of measures likely to promote the health of insured wage-earners and protect them against microbes, epidemics, strain, occupational diseases and labour accidents. Article 13 The works medical officer cooperates with other medical officers serving with the medical insurance social service, exchanging information designed to clarify cases, the cause of disease and their relationship to the wage-earner's occupation. Article 14 When the medical insurance social service goes into operation, the works medical officers shall proceed in the discharge of their duties in conformity with the provisions of the present decree, and the Heads of concerns shall continue to pay the salary of these general practitioners in pursuance of article 15 of Decree No. 6341. It is forbidden for the Head of a concern to encash any amount whatever from the wage-earner as counterpart for the above, even though such amount be of a token nature. The conditions of cooperation between the works medical officers in state corporations and concerns, and the medical insurance social service Fund shall be laid down, if need be, in subsequent ministerial orders from the Minister of Labour and Social Affairs. Article 15 The works medical officer shall direct social assistance work in state corporations and concerns wherein there exists a social service. Article 16 Any infringement to the provistons of the present decree shall be under penalties provided for under articles 107,108 and 109 of the Lebanese Code of Labour of23 September 1946. Article 17 The present decree shall be published and communicated wherever there shall be need. Zouk, 30 June 1960 Signed: Fouad Chehab By the President of the Republic The President of the Council of Ministers Signed Alunad Al-Daouk The Minister of Labour and Social Affairs Signed: Amin Beyhum DECREE No. 9931 OF 2 JULY 1962 Fixing the terms of application of articles 77 to 82 of the Code of Labour The President of the Republic, Whereas the Constitution, Whereas the Code of Labour of23 September 1946, On the proposal of the Minister. of Labour and Social Affairs and the Minister ofJustice, And after the approval of the Council of Ministers, Decrees the following: Article 1 The present decree fixes the terms of application of articles 77, 78, 79, 80, 81 and 82 of the Code of Labour. Article 2 Members of the Arbitration Board, whether incumbent or acting, are appointed for a three-year term of office, subject to renewal, Article 3 The services of the members of the Arbitration Board may be terminated before the expiry of their term of office indicated in the preceding article, by decree issued on the proposal of the Ministers of Labour and Social Affairs and of Justice, in the following cases: 1 - Resignation tendered to the Minister of Labour and Social Affairs. 2 - Loss of one of the conditions laid down in paragraphs 1 and 3 of article 78 of the Code of Labour. 3 - Absence from one of the sittings without valid reason. 4 - Serious offence, flagrant incompetence or deficiency in the discharge of duties. Article 4 Members' services are not prematurely terminated such as mentioned in paragraph 4 above; except after approval by a commission of enquiry composed of: The Director-General of the Ministry of Labour and Social Affairs - The representative of the Ministry of Justice The representative of Employers and wage-earners or salary earners - The Head of the competent service of the Ministry of Labour and Social Affairs Chairman Member Member Rapporteur This commission shall not be deliberate validly except in the presence of all its members; its decisions shall be taken by majority vote, the Rapporteur being entitled to vote and in the event of a tie the chairman's vote has casting power. Should one of the members fail to attend for no valid reason, a second meeting shall be held and the quorum required then is of at least four members. Article 5 The employers' and wage-earners' or salary-earners' representatives mentioned in the preceding article, shall be appointed for one year by ministerial order from the Ministry of Labour and Social Affairs. The Ministry of Justice shall delegate its representative for a similar period. Article 6 The conditions relating to the non-receiving of application, the transfer and withdrawal of action due to family or marriage relationship as fixed by the Code of Civil Procedure shall apply to the members of Arbitration Board representing employers and wage-earners or salary-earners. Article 7 The present decree shall be published and communicated wherever there shall be need. Zouk, 2 July 1962 Signed: Fouad Chehab By the President of the Republic The President of the Council of Ministers Signed: Rachid Karame The Minister of Justice Signed: Fouad Boutros The Minister of Labour and Social Affairs Signed : Jean Aziz DECREE No. 17386 OF 2 SEPTEMBER 1964 Enforcing the draft law for group contracts, conciliation and arbitration The President of the Republic, Whereas the Lebanese Constitution, and notably its article 58, Whereas the Government has communicated to the Chamber of Deputies by Decree No. 15352 of 5/2/1954 the urgent draft law for group contracts, conciliation and arbitration, Whereas more than forty days have elapsed on the communication of this draft law to the Chamber of Deputies without the latter adjudicating thereon, On the proposal of the Minister of Labour and Social Affairs, And after approval ofthe Council of Ministers during its meeeting on 26 August 1964, Decrees the following: FIRST ARTICLE The draft law tabled before the Chamber of Deputies, as a matter of urgency, by Decree No. 15352 of5 February 1964 is enforced. Its wording reads as follows: TITLE I - GROUP CONTRACTS CHAPTER 1 - Nature and validity of group contracts Article 1 The group labour contract is an agreement regulating the conditions of work between the first party representing either one or several trade unions, or one or several confederations of wage¬earners trade unions, on the one hand, and a second party that is either a single employer or several employers, or a representative of one or several professional organisations, or one or several employer's professional confederations, on the other. Article 2 Any clause in the group contract contrary to public order is considered void as a matter of right. Article 3 In order to be empowered to negotiate a group contract validly, the wage-earners' representatives are required to produce evidence that the proxy they hold entitles them to speak in the name of at least 60 per cent of the Lebanese workers concerned. The implementation decree for the present law shall indicate the modes of evidence required to verity the validity of the proxy previously referred to. Article 4 Subject to nullity a group contract is required to be : 1 - Drafted in writing. 2 - Supported by a report duly endorsed by a two-thirds majority of the members ofthe full dress meeting of the trade unions or the professional organisations affiliated to it. Employers who are not represented In a union or professional organisation, must individually affix their signature on the contract. The attendance of more than one-half of the members is required for the full dress meeting referred to in the second subparagraph of the first paragraph of the present article to deliberate validly. Article 5 The group labour contract is to be drafted in three original copies. Each of the parties concerned retains a copy, the third copy being lodged with the Ministry of Labour and Social Affairs for registration. Article 6 Enforcement of the group contract is binding on both parties only after its publication in the Official Gazette by the Ministry of Labour and Social Affairs or after one month of its registration in the said Ministry. The Ministry of Labour and Social Affairs may require the two parties to review the group contract before its publication; in this event the contract shall be binding only after its publication or after one month of its registration. Article 7 The group contract may be concluded for a determined or an undetermined period. When it is concluded for a determined period, such period may not be less than two years. The contract may be renewed for an equally determined period of two years or for more. When the contract is established for an undetermined period its fulfilment may not be suspended except after a minimum six-month time-limit has elapsed, dating from the day when it became enforceable. Article 8 The group contract must provide for the procedure, the period and the time-limits according to which it may be renewed, cancelled or reviewed. In the event of cancellation, the contract shall remain fully valid throughout the period of : negotiations designed to reach a new agreement. Article 9 The Ministry of Labour and Social Affairs must be notified by the two parties, or by either of them, of any renewal, cancellation or modification of the contract. Article 10 Every trade union, professional or employers organisation which is no party to the group contract may adhere to it by mutual agreement with the second party concerned, no prior consent of the contracting parties being necessary. In this event the two parties are to fulfil the conditions set in article 3 and 4 of the present law. Application for affiliation must be filed, in writing, with the Ministry of Labour and Social Affairs, duly signed by the two parties. Article 11 Mention must be made, in the margin of the register, of all renewals, modifications, affiliation to or cancellation of the contract. The Ministry of Labour and Social Affairs is required to publish in the Official Gazette all such modifications. The provisions of article 6 of the present law are applicable to any renewal, modification or affiliation. Article 12 The clauses of a group labour contract are applicable on : 1 - Wage-earners trade unions and their affiliates, employers' unions and their affiliates, any employer having signed the contract at the time of the ratification or who has joined it after its ratification, and, finally, all trade unions and confederations which substitute for the trade unions and affiliates which have signed the contract, as well as those who substitute for the contracting employers. 2 - Wage-earners affiliated to a trade union which is party to the group labour contract, or to a trade union which subsequently joins the contract after its ratification. The wage-earners on whom the provisions of this article are applicable remain submitted to the clauses of the group labour contract throughout its duration, even if they withdraw from the trade unions before the expiry of such period. The provisions of this subparagraph are applicable on employers even in the event of their withdrawing from the unions, confederations or professional organisations which are party to the group contract if they had joined them as members at the time of its signature. Article 13 The clauses of the group labour contract are enforceable on all wage-earners in an establishment, even on those who owe no membership allegiance to a trade union, and on all wage-earners belonging to this establishment under individual contracts, notably if the clauses of the individual contracts are less favourable to the wage-earners than those embodied in the group contract. CHAPTER 2 - Extension of the group labour contract Article 14 Upon the request of a wage-earners trade union or a professional employers' organisation, or finally to comply with the wish of the Minister of Labour and Social Affairs, all or part of the clauses of a group labour contract in force for the least a year and comprising most of the wage-earners carrying on the trade to which it applies, may be rendered compulsorily enforceable on all the employers and wage-earners in this trade, or on a category of them or within the limits of a given region whether or not they are members of a trade union or a professional organisation. This extension of application is effected by ministerial order from the Minister of Labour and Social Affairs, following the motivated favourable advice of the Higher Group contract Commission provided for in the present law. Request for extension is filed with the Minister of Labour and Social Affairs, who submits it to institutions which, in principle, are not governed by the group contract, before passing it on to the Higher Consultative Commission of Group Contracts. Article 15 Extension of the field of application of a group contract is effected for the period and within the terms provided by this contract. The effect of such extension does not die out when the group contract is cancelled, as is stipulated in the provisions of article 8 of the present law. Article 16 Any amendment or renewal of the extension of the group labour contract shall be the object of an ministerial order from the Ministry of Labour and Social Affairs following the motivated positive opinion of the Higher Group Contract Commission. Article 17 Any ministerial order regarding the extension of the group contract or a number of its clauses and any ministerial order which brings to a close such extension, wholly or partially, is to be published in the Official Gazette. Article 18 The Higher Group Contract Commission is constituted as follows: The Director General of the Ministry of Labour and Social Affairs or his delegate Chairman The Director General of the Ministry of National Economy or his delegate Member Two employers' representatives and two wage-earners' representatives Members Article 19 The employers' and wage-earners' representatives on this Commission shall be appointed for three years by ministerial order from the Minister of Labour and Social Affairs from a panel presented by the professional organisations or trade unions concerned. Article 20 The opinion of the Higher Group Contract Commission on the application for extension is issued merely for "enlightenment" and does not become binding on the Ministry of Labour and Social Affairs except in the event of the rejection of the application. Article 21 The Higher Group Contract Commission meets on the invitation of its chairman or the chairman's delegate whenever this is deemed necessary. Such meetings are legal only if half of its members at least attend. The Commission's resolutions are carried by majority vote. In the event of a tie, the chairman's vote has casting power. CHAPTER 3 - Execution of the group contract Article 22 Any natural or juridical person bound by a group labour contract is under obligation, subject to penalties, to undertake nothing likely to interfere with the enforcement of such contract. Article 23 The natural and juridical persons bound by a group labour contract may take action in damages as plaintiffs against other organisations or any other person equally bound by the contract when they infringe the commitment duly agreed. Article 24 Trade-unions and professional organisations duly entitled to take legal action and whose members are bound by a group labour contract may initiate proceedings in connection with such contract, for the benefit of their members, without being duly empowered by the person concerned accordingly, on condition that the latter is advised on the matter and does not object. The person concerned may always intervene in the action brought by the professional organisation or trade union. Any trade union or professional organisation entitled to take legal action, whose members are bound by a group labour contract, may always intervene in such action as may stem from the contract and be brought by a natural or juridical person in case the decision due to be taken may recoil in any manner whatsoever on the interest of the group. Article 25 Inside the premises of all the establishments bound to execute a group labour contract either as an original or through extension, a notice showing the existence of the group labour contract, the parties to the contract, the date and place of its conclusion, must be posted in the shop itself as well as in the recruitment offices and at the door of such offices. A copy of this contract must be made available to the wage-earners. CHAPTER 4 - Supervision and sanctions Article 26 The labour control department at the Ministry of Labour and Social Affairs is duly empowered to see to the enforcement of the clauses of group labour contracts which were the object of an extension order and to draft a report in the event of infringement. Article 27 Any infringement to the provisions of article 25 of the present law concerning the modes of publication shall bring its author under the penalty of a fine varying between 500 and 1,000 Lebanese pounds. In the event of a second offence, the competent Court may sentence the recidivist to the additional penalty of imprisonment of between one and five days. A second offence accrues when the contravener is guilty of the same infringement within a twelvemonth period. Article 28 Any infringement to the provrsions of a group contract extension order, and any measure designed to impede the labour inspector from discharging his duties are subject to the penalties of the Law of 17 September 1962 amending articles 107 and 108 of the Code of Labour of 23 September 1946. Any person convicted of having roused trouble shall be under the penalties of the Penal Code. Any person convicted of several infringements shall be repeatedly penalised as there have been new infringements. TITLE II - CONCILIATION AND ARBITRATION CHAPTER 1 - General provisions Article 29 A labour dispute is considered as a group dispute if it meets the following two conditions: 1 - If one of the parties to the dispute is a group ofwage-eamers. 2 - If the object of the dispute touches group interests, either in what concerns the interpretation of laws, decrees, ministerial orders and regulations in force, group contracts, internal regulations, and their enforcement, or in what concerns points which are not covered by the laws and regulations in force such as disputes arising from the exercise of trade union freedom, wages, conditions of labour unspecified by the laws, rules, group contracts or those regarding negotiations for the review of group contracts. CHAPTER 2 - Conciliation procedure Article 30 All disputes arising from group labour are subject to conciliation and conciliation procedure. Article 31 The object of conciliation is to try to bring conflicting parties into agreement. Article 32 The role of conciliation is assumed by the Head of the Labour and Trade Relations Department at the Ministry of Labour and Social Affairs, or by his delegate and, in the event of his absence, by the person who shall be appointed to substitute for him in conformity with the laws and regulations in force, or by any other person specially assigned to this end by the Director General of the Ministry of Labour and Social Affairs. Article 33 Each party to the dispute is required to apply for conciliation procedure. The director general of the Ministry of Labour and Social Affairs may, on his own initiative, submit the dispute to conciliation procedure in case the parties fail to do so, as soon as he has been acquainted with the dispute. Article 34 The dispute is submitted to a mediator after a written request has been filed with the Ministry of Labour and Social Affairs, against receipt. Article 35 Within 24 hours after the filing of the request for conciliation, the mediator shall invite the conflicting parties to a meeting at a determined place, which would be held not later than a week. No special phrasing of the invitation or of its notification is required. Article 36 In case the Director General of the Ministry of Labour and Social Affairs decides that the dispute should be solved via conciliation, the mediator shall address to the representative of the two conflicting parties a convocation by registered mail with acknowledgement of receipt. Article 37 Should one of the parties fail to attend the meeting, the mediator shall once more convoke the parties to meet within a time-limit of eight days. If one of the parties fails to attend this second meeting, the conciliation procedure shall then proceed normally without prejudice to sanctions provided against persons who should impede the enforcement of the present law. Article 38 Each of the parties to the dispute is to attend or be validly represented throughout the different stages of conciliation. It lies with the mediator to ascertain by all possible means the genuine character of the powers of proxy produced. Article 39 Each of the parties to the dispute is to remit the mediator the remarks, notes and documents he may deem necessary for all the phases of the conciliation proceedings. Copy of these various documents is to be communicated to the second party. Article 40 In the discharge of his duties the mediator may have himself assisted by the persons he may desire. He may undertake all the enquiries that he deems necessary in his attempts to settle the dispute. The two parties are required to provide him with all the information he wants. Article 41 The mediator shall draft a report indicating the progress and result of conciliation. Article 42 The mediator hears the view points of the parties to the dispute, examines their explanations, the notes and documents put forward by them and submits to them the proposals and solutions that he deems adequate. Article 43 In case the two parties come to an agreement, this agreement is set down in a report which is signed by the mediator and the parties concerned. Its enforcement is binding on both parties. Article 44 In case no agreement is reached, or if only a partial settlement of the dispute is worked out, this must equally be set down in a report which shall be jointly signed by the mediator and the parties concerned. The partial agreement then serves in lieu of a covenant enforceable on both parties, while the outstanding matters of the dispute are dealt with, if necessary, through arbitration. Article 45 The conciliation procedure must come to an end within two weeks dating from the first meeting. This time-limit is extended by another week at the most if the two parties so agree or on the request of the mediator. Article 46 Each of the parties to the dispute is entitled to receive copy, true to original, of the report on the conciliation procedure. CHAPTER 3 - Arbitration procedure Article 47 I - In the event of the total or partial failure of conciliation, the dispute of the group is to be settled through the arbitration board referred to in article 49 of the present law: A - Immediately after the close of the mediation procedure, if the dispute has arisen in a service under State guardianship or in an institution in charge of the management of a Public Service on behalf of the State or on its own behalf as shall be designated by decree from the Council of Minister on the proposal of the Minister of Labour and Social Affairs. B - At any time, upon the request or the agreement of the two parties. In this event, the phase of the arbitration procedure shall begin on the day following the filing of the request with the Ministry of Labour and Social Affairs. C - Fifteen clear days at least after the stoppage of work by the group on account of the dispute, upon the request of one of the parties. In this event, the phase of the arbitration procedure begins on the day following the notification to the second party that a request for arbitration has been filed . 2 - Except for the case referred to in the first subparagraph A of the present article, group contracts or individual contracts may provide that group disputes shall be settled by a special arbiter specially appointed (to this effect) or by an arbitration authority other than the arbitration board mentioned in the present law. The decisions of the arbiter or of the arbitration authority appointed by common agreement produce the same judicial effects and carry the same force oflaw as those of the arbitration board mentioned in the present law. They are not subject to the arbitration procedure laid down by the common law. But it may be set in the arbitration compromise that the parties may appeal against the findings of the arbitration authority or of the appointed arbiter to the arbitration board mentioned in the present law, according to the conditions and procedure that must be expressly defined in the arbitration compromise. Article 48 The arbiter refers the file of the outstanding dispute to the arbitration board described in the following article within 24 hours: 1 - Of the close of the phase of conciliation procedure, in the case referred to in the first subparagraph A of the preceding article; 2 - Of the receipt of the petition for conciliation, in all other cases. Article 49 Arbitration of group labour disputes IS entrusted to a nine-man Commission, constituted as follows: A - Members appointed as of right: 1 - A judge of Grade 10 and above appointed by the Minister ofJustice 2 - The director general of the Ministry of Labour and Social Affairs 3 - The director general of the Ministry in direct relationship with the trade of the two parties to the dispute Chairman Vice-chairman Vice-chairman If one of the two Directors General designated above is away or cannot attend, the Minister concerned shall appoint by ministerial order a civil servant of the second Grade at least to replace him. B - Members appointed by decree issued on the proposal of the Minister of Labour and Social Affairs for a three-year tenure of office from a panel established by trade unions and professional organisations. 1 - Three employers' representatives and substituting member to each of them. 2 - Three wage-earners' representatives and a substituting member to each of them. The substituting member shall replace the incumbent in the event of the latter's absence or if he cannot attend. Article 50 Indemnities due to the Commission's incumbents or substitutes shall be fixed by decree issued by the Council of Ministers. Article 51 The Arbitration Commission secretariat shall have its head office in the Labour and Trade Relations Department of the Ministry of Labour and Social Affairs. The secretarial duties are to be discharged by the Department. Article 52 The Arbitration Commission is to deal with the various matters of the dispute. Article 53 The Arbitration Commission meets on the invitation of its chairman at the Ministry of Labour and Social Affairs. Its sittings are legal when six of its members attend. In the absence of the chairman, the Commission's sittings are chaired by the vice-chairman of the highest grade; in the event of a tie, the older takes the chair. Article 54 The chairman of the Arbitration Commission convokes the parties to the dispute within a week, dating from his receipt of the file of the dispute. If the date of the first meeting could not be notified to the parties concerned, the chairman of the Commission shall convoke them to a second meeting within a week, dating from the first meeting. No special phrasing IS provided for such convocation nor for its notification to the parties concerned. Article 55 The procedure for conciliation shall equally apply to all that concerns the attendance of the two parties to the dispute, the production and exchange of documents, the minutes of the sittings and the resort to experts. Article 56 The Arbitration Commission is to return its verdict within a month dating from the first meeting. It may extend this time-limit by two weeks. Its findings are to be motivated. Article 57 Should the dispute concern the interpretation of laws, decrees or regulations in force, group contracts, internal regulations or their execution, the Commission's settlement shall be in conformity and by virtue of the provisions of these laws. If the dispute concerns questions which are not provided for in the laws, decrees and regulations in force, the group contracts and the internal regulations, the Commission is required to adjudicate in justice and equity. Article 58 The Commission's decisions are taken by a majority of at least five votes, the chairman's vote having casting power in the event of a tie. Article 59 The verdict of the Arbitration Commission is notified to the two parties by registered mail. The two parties concerned are entitled to receive copies, true to the reports drafted, during the phase of arbitration procedure. Article 60 The verdict of the Arbitration Commission is binding and executory the moment it is returned. It is open to no channel of recourse nor subject to exequatur procedure. Article 61 The finding of the Arbitration Commission concerning the interpretation of laws, decrees, regulations in force, group contracts, internal regulations and the execution of such regulations, carry force of adjudication. CHAPTER 4 - Execution and sanctions Article 62 In the event of non performance, by one of the parties, of the agreement resulting from the conciliation procedure or of the sentence of the conciliation Commission, the other party may bring an action in damages before the competent Labour Court. Article 63 1 - Any stoppage of work by wage-earners or employers due to a group labour dispute, before and while the conciliation procedure is in progress, as well as during arbitration, is illegal. Equally illegal is any stoppage of work by wage-earners or employers following the sentence of arbitration, when such stoppage is intended to impede the enforcement of the sentence or to protest against it. 2 - If the employer should refuse to carry out the agreement reached as a result of the conciliation procedure or the arbitration sentence, he shall be liable to a fine of between 1,000 and 10,000 Lebanese pounds and to a term of imprisonment varying from two months to one year, or to either penalty only. If during the two weeks following the arbitration sentence the employer should persist in refusing to carry it out, he shall be liable to a fine of 500 Lebanese pounds per day after the two weeks have elapsed. These two fines shall be paid into the Treasury and the sums so accruing shall be allocated to social projects which shall be designated by the Minister of Labour and Social Affairs. Should the employer illegally stop his wage-earners' work the latter retain the right to draw their pay throughout the period of the stoppage. 3 - In case the wage-earners should refuse to carry out the agreement reached following the conciliation procedure or the arbitration sentence, the abettors shall be liable to a fine varying from 1,000 to 5,000 Lebanese pounds or to a term of imprisonment of between two months and one year, or to either penalty only, but without prejudice to the application of article 105 of the Code of Labour. And in the event of the illegal stoppage of work by the wage-earners, the latter shall forfeit their right to draw their pay throughout the period of the work stoppage. 4 - The provisions of the present article are applicable even when the group labour dispute has been settled through optional arbitration. Article 64 1 - All the penalties provided in the preceding article lie within the competent Penal Court. Infringers shall be prosecuted before the Courts by the Public Prosecutor of the Court of Appeal upon the request of the Minister of Labour and Social Affairs. 2 - The provisions of the present chapter concerning penalties are enforceable without prejudice to the application of the provisions of articles 340 to 343 of the Penal Code. CHAPTER 5 - Specific provisions Article 65 Petitions, notes and documents remitted or produced in the various stages of the conciliation and arbitration procedures, as well as the copies true to the reports and agreements reached in the course of the said procedures are exempted from the stamp duty and exonerated from all further dues of whatever nature. TITLE III - FINAL PROVISIONS Article 66 Within the six-month period following the enforcement of the present law, a decree issued by the Council of Ministers shall provide for the re-organisation of the Department of Labour and Trade Relations of the Ministry of Labour and Social Affairs. The framework of the said Ministry shall be modified accordingly to allow the enforcement of the provisions of the present law. Article 67 A decree issued by the Council of Ministers, on the proposal of the Minister of Labour and Social Affairs, shall define the mode of execution of the provisions of the present law. Article 68 The present law shall come into force upon its publication in the Official Gazette. SECOND ARTICLE The present decree shall be published and notified wherever there shall be need. Zouk, 2 September 1964 Signed: Fouad Chehab By the President of the Republic The President of the Council of Ministers Signed: Hussein El-Oueini The Minister of Labour and Social Affairs Signed: Rida Wahid. DECREE-LAW No. 17 OF 4 MARCH 1977 Special provisions regarding the impact of events since 26/2/1975 on the implementation of the provisions of the Code of Labour and the Social Security Law The President of the Republic, Whereas the Constitution, Whereas Law No. 2/76 or 30 December 1976 (granting the Government the right to legislate by decree-laws), Whereas the Code of Labour, Whereas the Social Security Law, Whereas Decree-Law No.9 of21/11/1939 (setting the date when laws and decrees become enforceable), Following consultation with the State Council, On the proposal of the Minister of Labour and Social Affairs, And following approval by the Council of Ministers held on 14 February 1977, Decrees what follows: CHAPTER 1 - Labour contracts First: Continuity of all the conditions and legal effects of the labour contract. Article 1 The labour contract shall be deemed to continue with all its terms and legal effects, notwithstanding such events as have occurred in Lebanon since 26 February 1975. Relations between the employer and the salaried worker shall remain governed by the provisions of the Code of Labour and its annexes, in all cases that are not specified in articles 2 to 18 of the present decree-law, notably in such a case as when the employer continued to deal with the salaried worker as if the contract binding them was normally implemented. Second: Modification of the labour contract Article 2 The labour contract shall be deemed temporarily modified in all cases where its implementation has not proceeded in conformity with its initial clauses due to events. Article 3 Shall be deemed enforceable all the express or tacit agreements between the employer and the salaried worker, notably in what concerns modification of the working hours, the number of working hours, the place of work, the nature of work, or the amount of salary, provided that the following bases are adhered to in what concerns modification of the amount of salary : In what concerns salaries which are not in excess of LL 2,000 per month, reduction shall not be over 50% of the salary that the salary-earner drew prior to modification; in all cases salary shall not be under LL 250 in relation to salary-earners governed by the minimum salary. - In what concerns salaries above LL 2,000 per month, salary shall not be under LL 1,000 per month, no account being taken of a determined percentage. Article 4 Shall be deemed forthwith as tacit acceptance of the modification, the fact that the salaried worker has continued to discharge the contract following its modification, or the fact that he has levied his reduced salary, whether or not he expressed reserves at the time of collection, provided that the provisions of article 3 above dealing with the amount of salary have been respected. Article 5 Salaries paid out before the publication of the present decree-law, even as payment on account or advance payment, shall be deemed as right acquired by the salaried worker, representing minimal threshold of their rights. They shall not be reduced or reviewed for any reason whatsoever. Article 6 Modifications mentioned in article 3 above may be maintained up to the time-limit of3117/1977, following which it shall be necessary to revert to those conditions ruling prior to modification, in case they should be more profitable to the salaried worker. In case the employer should maintain the modifications after the date set in the present article, the salaried worker acting individually or collectively with the other salary-earners shall be entitled to refer the matter to the adjudication of the Labour Arbitration Council. After having made certain that the modifications may be legally maintained, the latter may decide to extend their application for a period not in excess of31/10/1977. Third: Suspension of the labour contract Article 7 The labour contract shall be deemed suspended in all cases where its implementation has been temporarily suspended due to events. Article 8 Fate of the salary during suspension periods shall be determined by special agreements between the employer and the salaried worker, due account being taken of the provisions of articles 9 and 10 hereinafter, on condition that the salaried worker resume work if he has no valid reason. In case suspension should extend beyond 3117/1977, no salary shall be due for suspension periods subsequent to that date. All rights of total or partial reproduction are reserved Article 9 In agreements specified in article 8 above, the following bases shall be adhered to as a matter of course in what relates to the period extending from the date of suspension up to 28/2/1 977 : - In what concerns salaries not exceeding LL 2,000 per month, the salary to be mutually agreed between the employer and salary-earner shall not be under one-third of the salary that the salary-earner drew before suspension. In all cases, however, such salary shall not be under LL 250 per month for salary-earners to whom minimal salary applies. In what concerns salaries above LL 2,000 per month, salary shall not be under LL 700 per month, no account being taken of any determined percentage. Article 10 Proportions and minimal thresholds for salaries, fixed as per article 9 above, shall be reduced by one-half in what relates to the period extending from 1/3/1977 to 311711977. Article 11 The salary-earner shall be entitled to no holiday during the suspension period of the contract. Article 12 The salary earner whose contract has been suspended shall be entitled to resume work as soon as the employer has resumed his activities. In case the employer should resume his activities but partially, account shall be taken of the service period, offamily condition, and of professional ability, in the gradual reinstatement of the salaried worker. Article 13 The labour contract shall be deemed legally revoked, with the salary-earner retaining his right to the end-of-service indemnity, without prior notice, in case the employer should be unable to provide work within a maximum time-limit of one calendar year dating from the employer's resumption of work. Article 14 Regarding the end-of-service indemnity referred to in article 13 above, provisions of the Code of Labour or of the Social Security Law shall apply in accordance with the legal position of the salary-earner. Fourth: Revocation of the labour contract Article 15 The labour contract shall be deemed legally revoked without prior notice: I - If its implementation has become definitively impossible due to events. II - If the salary-earner fails to resume his work, for whatever reason he may have, within a time-limit expiring on 311711977. III - If the employer fails to resume his activities, for whatever reason, within a time-limit of two calendar years dating from the publication of the present decree-law. Article 16 The time-limits set in subsections Band C of article 15 above, shall be deemed time-limits of extinguishment subject to no reason of interruption or suspension. Article 17 In what concerns end-of-service indemnity, provtsions of articles 13 and 14 of the present decree-law shall apply to the three cases referred to in article 15 above. Article 18 The labour contract shall be deemed suspended during the period of any time-limit referred to in subsections Band C of article 15 and in article 13 of the present decree-law, in which case the provisions of articles 7 to 14 above shall apply to that labour contract. Article 19 If the salary-earner has worked with another employer during the suspension periods referred to above (articles 7 to 14 and article 15) in the present decree-law, the labour contract shall not be deemed revoked as a result. Article 20 The salary-earner shall have no right, in the case referred to in article 19 above, to benefit from the provisions of articles 8 to 10, the provisions Band C of article 27, as well as the provisions of articles 28 to 32 of the present decree-law, throughout the period during which he worked with another employer. CHAPTER 2 - Provisions of the social security law First: Contribution Article 21 The employer and the salary-earner shall be bound to pay into the Social Security National Fund contributions relating to the branch of family allowances and the branch of end-of-service indemnity since the outbreak of events. No contribution shall be due by the employer for the sickness-maternity branch dating from 1/9/1975 to 31/12/1976. However, the employer shall be entitled to levy at the source the amount of the salary-earner's contribution to the said branch and to retain that contribution in consideration of the charges he has to bear in implementation of article 26 of the present decree-law. Article 22 In derogation of the provisions of paragraph 1, subsection 2, of article 73 of the social security law, contributions shall be assessed on the basis of the actual salary that the salary-earner has collected during the period of events. No contribution shall be due in case no salary had been paid. Second: Family Allowances Article 23 Family allowances shall be due in full within the framework of the conditions laid down by the social security law and complementary texts, in relation to salary-earners who have collected salaries in full or reduced. Third: Sickness-maternity insurance Article 24 In derogation of the provisrons of article 15 of the social security law, the Fund shall payJo salary-earners, throughout the period running from 1/9/1975 to 31/12/1976, hospital charges in the event of sickness and maternity, within the framework of conditions stipulated by the social security law and complementary texts. Article 25 In derogation of the provisions of paragraph 4 of article 16 of the social security law, the Fund shall pay the hospital charges referred to in article 24 above to all salary-earners who were working on 26/2/1975; it shall pay on these charges within the maximum limits referred to in article 19 of the social security law up to 31/12/1976 without taking into consideration the salary-earner's situation as mentioned in articles 1 to 20 of the present decree-law. Article 26 In derogation of the provtsions of paragraph 1 of article 20 of the social security law, and excepting hospital charges in the event of sickness and maternity, the employer shall bear 50% of medical services provided to his salary-earners, assessed in conformity with the tariff schedule laid down by the Fund, taking into account the maximum limits referred to in article 19 of the social security law, during the period running from 1/9/1975 to 31/12/1976, even trough the labour contract may have been modified or suspended. The Social Security National Fund shall bear no medical charges for the said period, excepting those charges mentioned in articles 24 and 25 above. Fourth: End-of-service indemnity Article 27 For salary-earners who are compulsorily or willingly subject to the end-of-service indemnity scheme stipulated in article 49 of the social security law, the following principles shall apply when their end-of-service indemnity is being assessed: 1 - The amount of subscriptions paid or due for payment by the employer shall be carried to the account of the employee whose salary has been reduced in conformity with the provisions of articles 2 to 10 above. 2 - The periods of the labour contract suspension referred to in articles 7, 12, 13 and 18 above shall be deemed periods of actual work in relation to the application of the provisions of subsection B of paragraph 1 of article 50 of the social security law. 3 - The periods of the labour contract suspension referred to in articles 7, 12, 13 and 18 above, which do not go beyond 31/7/1977, shall be deemed periods of actual work in relation to the assessment of the end-of-service indemnity in conformity with the provisions of subsection A of paragraph 1 of article 51 of the social security law. 4 - The provisions of articles 21 and 22 of the present decree-law shall apply in relation to contributions. Article 28 In derogation of the provisions of subsection A of paragraph 1 of article 51 of the social security law, the amount of the end-of-service indemnity in the case of a salary-earner who has worked with an employer who has proceeded with his activities or has resumed them following suspension, shall be assessed on the basis of the highest monthly salary the salary-earner has collected between 31/1/1975 and the date of his application for the liquidation of his indemnity, on condition that he has remained with the same employer throughout this period and that his application for liquidation has been filed before 31/12/1978. If salary was calculated wholly or partially on the basis of commissions or any other aperiodic basis, the amount of indemnity for each service year shall rise to the twelfth of the total amounts collected by the salary-earner during the twelvemonth period prior to 31/1/1975 or the date ofliquidation depending on the employee's interest. Article 29 In the cases mentioned in article 28 above, the employer shall bear the total amount of settlement referred to in article 54 of the social security law, notably in relation to work periods referred to in paragraph A and C of article 27 above. Article 30 In derogation of the provisions of subsection A of paragraph 1 of article 51 of the social security law, the amount of end-of-service indemnity in the case of an employee who has worked with an employer who has definitively wound up his activities due to events, shall be assessed on the basis of the average monthly salary that the employee has collected during the twelve-month period prior to 31/1/1975 or on the basis of the last monthly salary declared to the social security before 31/12/1976 if it is to the salary-earner's advantage, on condition that the latter has requested the winding up of his indemnity before 31/12/1978 and that he has not subsequently worked for another employer. If the salary had been calculated wholly or partially on the basis of commissions or any other a periodic basis, the amount of indemnity shall be assessed for each service year on the basis of the twelfth of the total sums collected by the salary-earner throughout the twelvemonth period prior to 31/1/1975 or during the last twelve months declared to the social security prior to 31/12/1976, depending on what would be to the advantage of the salary-earner. Article 31 In those cases referred to in article 30 above, the Social Security National Fund shall bear the amounts of settlement mentioned in article 54 of the social security law for the work periods referred to in paragraphs A and C of article 27 above, if the employer can provide evidence that he has definitively wound up his activities due to events; in this regard, no account shall be taken of any stoppage of activities subsequent to the date of publication of the present decree-law. CHAPTER 3 - Code oflabour provisions regarding dismissal indemnity Article 32 For salary-earners who are not under the end-of-service scheme provided in article 49 of the social security law, dismissal indemnity shall be assessed in conformity with the provisions of article 54 and subsequent ones of the Code of Labour, due account being taken of the following principles in case they should be to the salary-earner's advantage: 1 - Indemnity shall be settled con the basis of the last monthly salary that the salary-earner drew on 31/1/1975 or prior to the modification or suspension if that is to his advantage. II - The suspension periods referred to in paragraph C of article 27 above shall be deemed periods of actual work in what concerns the assessment of the end-of-service indemnity. III - The provisions of paragraph A above shall apply to salary-earners who have left their work of their own free will during the suspension period in case they should be entitled to the severance indemnity as provided by article 55 of the Code of Labour. CHAPTER 4 - Final provisions Article 33 With due account being taken of the provisions of article 34 of the present decree-law, payment of sums due by the employer stemming from the implementation of the provisions of the present decree-law may be staggered into monthly instalments, provided that the monthly instalment is not under 10 % of the value of the sums he owes to the salary-earner. Article 34 The following financial facilities shall be granted to employers recorded on the rolls of the Social Security National Fund prior to 1/9/1975 so that he may meet such obligations as are incumbent by virtue of the provisions of articles 21 and 26 of the present decree-law: First: 1 - Contributions due by the employer over the whole period from 1/9/1975 to 31/12/1976 shall be staggered into three equal instalments, the first instalment being due before 31/12/1979, the second before 31/12/1980, and the third before 31/12/198l. 2 - An annual interest of 3% shall be added to the sums mentioned in the preceding paragraph and accounted at the end of each year. 3 - The employer shall file with the Social Security National Fund, before 30/9/1977, an application stating that he will have to resort to instalments, failing which he shall forfeit his right to pay by instalments as mentioned in the first subsection of the present paragraph. 4 - The employer shall be required to sign, before 31/12/1977, and under penalty offorfeiting his right to payment by instalments, three drafts to the order of the Social Security National Fund covering the amounts mentioned in the first subsection of the present paragraph, failing due on the dates set in the said subsection. 5 - Provisions of articles 79 and subsequent ones of the social security law dealing with contributions shall apply to the drafts referred to in the preceding subsection. Second: 1 - A loan amounting to LL 50 per year and per salary-earner as well as to each member of his family designated in article 14 of the social security law, for the period running from 1/9/1975 to 21/12/1976. 2 - The loan mentioned in the preceding subsection shall be paid by the Social Security National Fund, and all the provisions of the first paragraph of the present article shall apply thereon. Third: 1 - The employer who has definitively wound up his activities prior to the publication of the present decree-law shall not benefit from the provisions of the present article. 2 - The sums mentioned in the present article shall be claimable forthwith and the employer shall forfeit his right to payment by instalments, even if he should have signed drafts, in case he should definitively wind up his activities after the date of publication of the present decree¬law. Fourth: The board of directors of the Social Security National Fund shall lay down such measures as may be necessary for the implementation of the provisions of the present article. Article 35 During a transitional period not exceeding ten months dating from the enforcement of the present decree-law or dating from the resumption of the employer's activities, if this should occur subsequently, the employer shall be allowed to increase by five hours per week the number of working hours without any supplementary salary or indemnity, provided that the total of working hours is not above fifty hours per week. All rights of total or partial reproduction are reserved Article 36 The provisions of the present decree-law shall apply to employers and employees subject to the provisions of the Code of Labour. Article 37 The present decree-law shall come into force ten days following the date of its posting on the door of the Presidency of the Council. Baabda, 4 March 1977 Signed: Elias Sarkis By the President of the Republic The President of the Council of Ministers Signed: Selim EI-Hoss The Minister of Labour and Social Affairs Signed: Dr Assaad Rizk (The present decree-law was posted on the door of the Presidency of the Council on 5/3/1977). DECREE No. 3572 OF 21 OCTOBER 1980 Enforcing the urgent draft law, referred to the Chamber of Deputies by virtue of Decree No. 1882 of 4/5/1979, regarding competence to adjudicate individual labour disputes, and disputes arising from the implementation of the Social Security Law The President of the Republic, Whereas the Constitution, and notably article 58, Whereas the Government has referred to the Chamber of Deputies, by virtue of Decree No. 1882 of5/4/1979, an urgent draft law regarding competence to adjudicate individual labour disputes, and disputes arising from the implementation of the Social Security Law, Whereas more than forty days have elapsed since the communication ofthis urgent draft law to the Chamber of Deputies, without the latter adjudicating thereon, On the proposal of the Minister of Labour and Social Affairs, And following the approval of the Council of Ministers on 161711980, Decrees the following: FIRST ARTICLE Shall be enforced the urgent draft law, tabled before the Chamber of Deputies by virtue of Decree No. 1882 of 5/4/1979, regarding competence to adjudicate individual labour disputes, and disputes arising from the implementation of the Social Security Law, worded as follows: Article 1 The provisions of the present law shall apply to the following, In so far as the rules of competence and grounds for appeal to a higher court are involved: 1 - Individual labour disputes stemming from labour relations, within the purport of the first paragraph of article 624 of the Code of Obligations and Contracts. 2 - Disputes and conflicts referred to in article 85 of the Social Security Law. Article 2 The text of article 77 of the Code of Labour is abrogated and replaced by the following text : One or several Labour Arbitration Boards shall be set up in each Mohafazat to adjudicate disputes mentioned in article 1 of the present law. The Board shall be made up of: - One judge of the 11 th or higher degree to be appointed by decree on the proposal of the Minister of Justice following approval of the Higher Council of the Bench. Chairman - One employers' representative and one workers' representative to be appointed by decree on the proposal of the Minister of Labour and Social Affairs. MembersTwo alternate members shall also be appointed, one representing the employers, the other representing the workers, who would substitute for the incumbent in the event of his absence or inability to attend, such appointment to be effected by virtue of a decree on the proposal of the Minister of Labour and Social Affairs. A Government Commissioner attached to the Board shall be appointed; he shall be selected out of the civil servants of the third category of the general directorates, provided that the appointee is a graduate of a Faculty of Law. The duties and prerogatives of the Government Commissioner shall be determined by decree on the proposal of the Minister of Labour and Social Affairs. The same procedure shall govern the nomination of the Government Commissioner. Article 3 All the suits filed with the Labour Arbitration Board shall be exempted from all judiciary taxes and stamp duty, excepting charges. Article 4 It shall be possible to bring action or stand before the Labour Arbitration Board without the assistance of a legal counsel. Article 5 Appeal against the decisions emanating from the Labour Arbitration Board shall be limited to opposition, third parties' opposition and Cassation, in conformity with the procedure provided by the Code of Civil Procedure and stipulated in the Judiciary Organisation Law, with due regard however to the special provisions of the following article. Article 6 1 - Appeals shall be exempted from judiciary taxes, excepting mortgage and charges. 2 - The time-limit of appeal before the Cassation Court shall be of30 days; where interlocutory rulings are involved, this time-limit shall commence dating from notification of the definitive ruling, and, in the event of judgement in absentia, dating from the expiry of the time-limit set for opposition. 3 - The Cassation Court shall return its verdict within a maximum time-limit of six months dating from completion of the notification formalities. 4 - Appeal shall not stay judgement. The Cassation Court may decide to stay execution up to a maximum time-limit offive days dating from filing appeal, on condition however that stay of execution shall in no case be in excess of the six-month period fixed in the preceding paragraph for pronouncement of Cassation ruling. Following expiry of the time-limit of the ruling staying execution and in derogation of the provisions of article 75 of the Judiciary Organisation Law promulgated by Decree No. 7855 of 16/10/1961, the successful party shall be allowed to proceed with execution without bail. 5 - The Legal Disputes Department of the Ministry of Justice may, by its own accord or at the request of Minister of Labour and Social Affairs, file appeal with the Cassation Court, in favour of the Law, against any decision emanating from the Labour Arbitration Board. The ruling of the Cassation Court shall neither benefit nor prejudice the litigants. Article 7 If the convicted party should refuse, or defer on no legitimate ground, execution of the ruling returned against him, and following the lapse of 10 days dating from the writ of summons served to him by the Executive Office, he shall be liable to fine amounting to 1 per cent ofthe sums he has been condemned to pay per day of non performance in addition to the application of the provisions of article 344 of the Penal Code to which he shall be subjected; the Executive Office assigned to execution shall see to the settlement of the fine in question. Article 8 A decree taken by the Council of Ministers on the proposal of the Minister ofJustice and the Minister of Labour and Social Affairs shall determine the procedure and modalities of the enquiry effected by the Minister of Labour and Social Affairs in actions eventually referred to him by the Labour Arbitration Boards. Labour Boards may make or extend investigations outside working hours, by their chairman. Article 9 Law courts and jurisdictions, whose competence stems from previous legislation, shall keep adjudicating outstanding actions filed with them when the present law goes into force in conformity with the current procedure. However, rulings returned after the said date of enforcement may be subject to appeal in conformity with the provisions of the present law. Article 10 All legislative or regulatory texts contrary to or inconsistent with the provisions of the present law shall be abrogated. Article 11 The present law shall come into force as from its publication in the Official Gazette. SECOND ARTICLE The present decree shall be published and notified wherever there shall be need, and it shall come into force as from its publication in the Official Gazette. Baabda, 21 October 1980 Signed: Elias Sarkis By the President of the Republic The President of the Council of Ministers Signed: Selim Hoss The Minister of Labour and Social Affairs Signed: Nazem Kadri DECREE-LAW No. 136 OF 16 SEPTEMBER 1983 Occupational injuries The President of the Republic, Whereas the Constitution, Whereas Law No. 36/82 ofI7/11/1982 (empowering the government to issue decree-laws) Whereas Law No. 10/83 of21/5/1983 (extending the enforcement period of the provisions of Law No. 36/82 of 17/11/1982), Following consultation with the Council of State, On the proposal of the Minister of Labour and Social Affairs, And following the approval of the Council of Ministers held on 7/9/1983, Decrees the following: CHAPTER 1 - Preliminary provisions Article 1 Shall be subject to the provtsions of the present decree-law, the accidents resulting from an external factor, which affect a wage-earner bound to a work contract such as defined in paragraph 1 of article 624 of the Code of Obligations and Contracts, due to or on the occasion of the implementation of the contract in question. Article 2 The wage-earner mentioned in the preceding article may not avail himself of any other legal text than the provisions of the present decree-law, in connection with accidents he would incur during his occupational work or on the occasion of occupational work. CHAPTER 2 - Indemnities If the accident should result in a permanent and total incapacitation of the wage-earner, and ifhis wage is not in excess of the official minimum wage, he shall be entitled to an indemnity equal to : 800 days of his average wage, if he is under 35 years of age. - 700 days of his average wage, if he is over 35 years and under 50 years of age. - 600 days of his wage, ifhe is over 50 years of age. If his wage is in excess of the official minimum wage, the wage-earner shall be entitled, additionally to the indemnities provided in paragraph 1 of the present article, only to the following: One quarter of these indemnities, for the wage tranche which IS in excess of the official minimum wage and up to twofold this wage. - One eight of these indemnities for the wage tranche in excess of twofold the official minimum wage. Article 4 If the accident should entail a permanent and partial incapacitation, the victim shall be entitled to an indemnity proportionate to the loss incurred in his earning capability. This capability is represented by the indemnity due when incapacitation is permanent and total. If the injury is listed in the table annexed to the present decree-law (Table No.1), the loss incurred by the injured wage-earner in his earning capability shall be equal to the percentage fixed in the table in question. If the injury is not listed in this table, valuation of the loss sustained by the injured wage-earner in his earning capability shall be the concern of the Labour Arbitration Board, due account being taken of the wage-earner's experience and his fitness to work. Article 5 If the accident entails a temporary incapacity to work, the victim shall be entitled, as from the first day following the one in the course of which the accident occurred, and for a maximum period of nine months, to an indemnity equal to three-quarters of the last daily wage, no distinction being made between working days and festive days. The "last daily wage" is intended to mean: the week's wage divided by six if the wage is weekly, the wage of fifteen days divided by twelve if the wage is paid every fifteen days, the monthly wage divided by twenty five if the wage is monthly. The daily indemnity shall be paid on the pay day and place of the establishment, the interval between two successive payments being not more than 15 days. Article 6 If the accident should entail the wage-earner's death, and if the latter's wage is not in excess of the official minimum wage, his heirs such as determined by the Law promulgated by Decree No. 8496 of2/8/1974 shall be entitled to an indemnity ofa maximum 500 days. If the wage is in excess of the official minimum wage, the wage-earner's heirs shall be entitled only to the following: One quarter of the indemnities provided in paragraph I ofthe present article, for the wage tranche in excess of the official minimum wage, and up to twofold that limit. One eight of the indemnities provided in paragraph 1 of the present article, for the wage tranche which is in excess of twofold the official minimum wage. Over and above the above-mentioned indemnity, the employer shall meet the burial charges, up to twofold the official minimum wage. Article 7 The average wage serving as base for the computation of the indemnities provided in articles 3, 4 and 6 hereinabove, shall be the wage levied by the victim, in cash or in kind, on the date of the accident, in conformity with the rules defined in article 5 of the present decree-law. In no case may average wage be under the official minimum wage. This rule applies equally to wage-earners who are not subject to the minimum wage. Article 8 Indemnities due pursuant to the present decree-law shall be added, should the occasion arise, to the other indenmities due to wage-earners in implementation of the Code of Labour or the Social Security Law, or other laws to which they are subject. Article 9 (as modified by Law No. 220 of29 May 2000) If it is proved that the wage-earner has intentionally brought about the accident that handicapped him, thus obtaining a personal handicap certificate, he shall not be entitled to any indemnity mentioned in the present law, and the employer shall have the right to dismiss him in conformity with the regulations in force. But the employee shall benefit from all medical assistance, care and services mentioned in the present decree-law. Article 10 The heirs of the foreign wage-earner may not press for the indemnities provided by the present decree-law if they were residing out of Lebanon at the time of the accident. Foreign wage-earners belonging to a State which, in this case, grants to the Lebanese the same rights as its own nationals, shall be excepted from the provisions of the present article. Article 11 The injured wage-earner or his rightful claimants may, additionally to the action brought pursuant to the provisions of the present decree-law, take legal proceedings against the persons responsible for the accident, other than the employer and his heirs, in conformity with Common Law rules, in atonement of the prejudice caused to them due to the fact of the said accident. Likewise, this action may be brought by the employer, on his entire responsibility in lieu of the wage-earner or his rightful claimants, if the latter should be lax in bringing the said action. The employer may deduct from the indenmity that he owes to his wage-earner in conformity with the provisions of the present decree-law, the indemnities granted in accordance with the rules of Common Law. Article 12 (as modified by Law No. 220 of29 May 2000) The employer must obligatorily take out insurance policies with an insurance company, in order to guarantee the indenmities and the medical care provided by the present decree-law. Article 13 The wage-earner and his rightful claimants may bring joint action against the employer and the insurance company in order to obtain the indemnities which are due to him in conformity with the provisions of the present decree-law. The insurance company which settles the indemnities to the wage-earner replaces the employer in the exercise of his rights. In case the employer should be proclaimed bankrupt, the sums due by the insurance company shall not be accounted as part of the proceeds ofliquidation. Article 14 The claims of a wage-earner who has suffered an occupational injury, or his rightful claimants, shall be covered by special privilege over the whole of the personal estate of the employer, and shall furthermore be guaranteed by mandatory mortgage on the real estate of the employer. The conditions relevant to the nature of the mortgage, as well as its foundation and the guaranteed indemnities, shall be determined by the chairman of the Labour Arbitration Board, as a matter of course or at the request of the wage-earner or his rightful claimants. The effects of the conservation mortgage mentioned hereinafter shall remain in force until an irrevocable decision is handed down over the dispute, or until a judiciary arrangement has been reached in this connection, in conformity with what is provided in article 30 of the present decree-law. The provisions of the present article do not apply to the real estate belonging to public domain. Article 15 The temporary indemnity may be the object of cession in favour of a third party. Likewise, this indemnity may be the object of seizure in the same proportions and conditions as apply to the wages of wage-earners. The indemnity of permanent incapacitation or death shall be assignable only for the settlement of food debts and up to one quarter of its value. As for debts relevant to medical care, to pharmaceuticals, as well as to hospitalisation charges and burial, these may not be the object of attachment or assignment. CHAPTER 3 - Medical treatment Article 16 The general and special measures relevant to security, prevention, health and first aid, that must be in force in concerns subject to the provisions of the present decree-law, shall be fixed by order emanating from the Minister of Labour and Social Affairs, following consultation with the Ministry of Public Health, depending on the nature, the activity, and the number of wage-earners working in each one of these concerns. CLAE505 Article 17 Whatever the duration of the stoppage of work of the wage-earner following the occupational injury or on the occasion of that injury may be, the employer shall bear all the medical, pharmaceutical or surgical charges incurred, including hospitalisation charges. The employer shall equally assume the charges relevant to the fixing, maintenance and renewal of prostheses and other medical and surgical appliances required for the treatment and recovery of the wage-earner. Article 18 The physicians, pharmacists and proprietors of hospitals may bring direct action against the employer in connection with their claims of the expenses entailed by the accident of the wage-earner. Article 19 The wage-earner may himself select his doctor; in this event, the employer shall bear the medical or surgical charges only within the limit of the amount fixed by the Labour Arbitration Board, in conformity with the tariff that the director general of the Ministry of Public Health shall establish. If the injured wage-earner should be hospitalised, the charges entailed by the employer shall not exceed the tariff fixed in the agreements concluded between the Minister of Public Health and the hospitals in question, enhanced by a maximum limit 000 %. The Labour Arbitration Board shall fix cost of the equipment and medical instruments, in the event of variance between the two parties on that score. Article 20 If the wage-earner should refuse to submit to the treatment prescribed by the medical doctor in attendance, he shall forfeit his claim to the part of the prejudice that could result from the worsening of his health condition due to his refusal. Article 21 If the employer does not himself select the attending medical doctor, he may, when the treatment of the wage-earner is in progress, request the chairman of the Labour Arbitration Board to select a medical doctor, at his expense, to examine the wage-earner; the said doctor may call on the wage-earner whenever he would like it, in the presence of the attending medical doctor after the latter had been advised of the visit two days in advance. If the wage-earner should refuse to lend himself to the visit provided in the present article, the employer may, following recourse to the chairman of the Labour Arbitration Board, stop payment of the temporary indemnity. CLAE.505 Article 22 The attending medical doctor shall deliver to the wage-earner a medical report in which he shall note the health condition of the wage-earner, the permanent incapacitation - whether total of partial - with which he is afflicted due to the occupational injury, as well as the equipment that need be used for the injured limbs. Article 23 Each of the two parties may challenge the wording of the medical report mentioned in the preceding article before the Labour Arbitration Board, within five days dating from notification of the said report. CHAPTER 4 - Declaration of the occupational injury and procedure of the relevant inquiry Article 24 Every employer or his representative shall declare every occupational injury sustained by his wage-earner. The declaration shall be filed with the offices of the competent Labour Arbitration Board in the area where the accident occurred, within a time-limit of three days dating from the accident, and shall be mentioned in the ad hoc register kept for this purpose. The declaration shall mention: The name of the injured wage-earner, his domicile, his last wage, and his nationality. - The employer's name and domicile. - The place of the accident. The type of the injury, its nature and its circumstances. This declaration shall be accompanied by a medical report mentioning the condition of the injured wage-earner, the predictable consequences of the injury, and the date at which a final report may be given about him. Article 25 The wage-earner must caution the offices of the Labour Arbitration Board of the consequences of the injury he has suffered, by a medical report mentioned in the ad hoc register provided in the preceding article. The wage-earner or his representatives shall notify the employer with copy of the medical report mentioned hereinabove. Article 26 If the employer should allege that the wage-earner has intentionally brought about the accident, or that the accident has been the outcome of the wage-earner's grievous mistake, or if the wage¬earner should allege that the accident has been the result of a mistake or negligence of the employer or the manager, the chairman ofthe Labour Arbitration Board in the region where the accident occurred shall proceed with an inquiry over the accident in question, and into the place of the accident, in the presence of the two parties or of their representatives. He shall calIon the wage-earner if the latter should be unable to appear before him due to his health condition. Article 27 The chairman of the Labour Arbitration Board shall close the inquiry within a maximum time¬limit of ten days dating from filing the complaint mentioned in the preceding article. The chairman of the Labour Arbitration Board shall notify the two parties of the decision closing the inquiry, within 24 hours dating from the announcement of the decision, and each party may receive a tax-free copy of it. CHAPTER 5 - Competence and procedure Article 28 The Labour Arbitration Board of the region where the accident occurred shall be competent to hear all the disputes arising out of the implementation of the provisions of the present decree¬law. The said Board shall adjudicate these disputes within a maximum time-limit of not more than six months. Article 29 The procedure and the rules of the channels of recourse provided by the Law of 21 October 1980 shall apply to disputes of occupational accidents. Article 30 If amicable arrangement is reached between the parties over a dispute stemming from the implementation of the provisions of the present decree-law, and if the Labour Arbitration Board is requested to ratify this arrangement by judicial decision, the Board shall mention in its decision, subject to nullity absolute, the basic wage, the permanent incapacitation of the wage¬earner resulting from the accident, and if the occasion should arise, the name of the insurance company covering the accident; and if this insurance company replaces the employer in its obligations towards the wage-earner, the latter shall not be allowed to press on the employer any claim relevant to the accident in question. Article 31 The action in indemnity provided by the present decree-law shall be foreclosed after the lapse of one year from date of the accident, or the closure of the relevant inquiry in conformity with the provisions of articles 26 and 27 hereinabove, or cessation of payment of the temporary indemnity. CHAPTER 6 - Penalties Article 32 (as modified by Law No. 220 of29 May 2000) Any infringement of the terms of the ministerial orders mentioned in article 16 of the present decree-law, and any infringement of the provisions of its article 24, shall be brought before the competent courts, and their author shall be liable to a fine of between 500 and 5,000 Lebanese pounds, and to imprisonment for a period of between one and three months, or to one of these penalties. In the event of a second offence, penalty shall be doubled. The employer who infringes the provisions of this article of the present decree-law shall be sentenced by the Labour Arbitration Board to a fine, following a law-suit filed by an employee, a trade union of the company or the establishment, or any rightful claimant. The amount of this fine shall be set at an amount ranging from sixfold to tenfold the official minimum wage. Article 33 The provisions of article 7 of the Law of 21 October 1980 shall apply to any person who should refuse, on no legitimate grounds, execution of a ruling published against him, in conformity with the provisions of the present decree-law. CHAPTER 7 - Final provisions Article 34 The provisions of Decree-Law No. 25/ET of 4 May 1943 are abrogated, as are equally abrogated all the legislative and statutory texts inconsistent with the provisions of the present decree-law, or of non conforming terms. Article 35 The present decree-law shall come into force ten days after its publication in the Official Gazette. Baabda, 16 September 1983 Signed: Amine Gemayel By the President of the Republic The President of the Council of Ministers Signed: Chafic Wazzan The Minister of Labour and Social Affairs Signed: Adnan Mroueh TABLE No.1 (as modified by Law No. 220 of29 May 2000) Annexed to Decree-Law No. 136 of 16/9/1983 regarding occupational injuries, Schedule of certain injuries considered as entailing a partial and permanent disability. Total loss of both eyes Total and incurable insanity Loss of both arms or both hands Loss of the skull bony matter in its total thickness: (area at least 6 crn-) (area from 3 to 6 cm-) (area under 3 orn-) Severing of the whole of the lower jaw Partial severing of the jaw: whole of the upper jaw or half of the lower jaw Loss of one eye Incurable and total deafuess Loss of an arm and one leg Loss of an arm and one foot Loss of a hand and one leg Loss of a hand and one foot Loss of both legs, both feet Thigh amputation (upper half) Thigh amputation (lower half) Total loss of one foot (disjointing of tibia-tarsus) Partial loss of foot (ankle bone disjointing) Partial loss of foot (medio-tarsus disjointing) Partial loss offoot (tarsus-metatarsus disjointing) Ankylosis of hip Ankylosis of knee Extensive loss of bone substance: Of the thigh or two bones of the leg (incurable condition) Of the knee-cap (with big bursting of fragments and considerable discomfort in movements ofleg extension towards the thigh) Of the knee-cap with preservation of movements Shortening of a lower limb by at least 5 em Shortening from 3 to 5 centimetres Shortening from 1 to 3 centimetres Amputation (total) of all the toes Amputation of 4 toes including the big toe Amputation of 4 toes Amputation of2 toes Amputation of one toe (other than the big toe) Ankylosis of the big toe (Ankylosis of fingers other than the thumb and forefinger and of toes other than the big toe entitle only 50 % of the indemnity provided for the loss of these organs). CLAE505 All rights of total or partial reproduction are reserved Loss of one arm or one hand Extensive loss of bone matter in the arm (definitive and incurable lesion not susceptible of improvement by an appropriate surgical treatment) Ankylosis of the elbow (in favourable position - 15 degrees round the right angle) Ankylosis of the elbow (in unfavourable position) Extensive loss of bone matter of the two bones of the fore-arm (definitive and incurable lesion) Ankylosis of wrist (in favourable position, in rectitude and pronation) Total loss or total ankylosis of thumb Partial loss of thumb (nail joint) Amputation offorefinger: Total Two phalanxes One phalanx Simultaneous amputation of thumb and forefinger Amputation ofthumb and one finger other than the forefinger Amputation of one finger other than the thumb and forefinger Amputation of two fingers other than the thumb and forefinger Amputation ofthree fingers other than the thumb and forefinger Amputation of four fingers including the thumb Amputation of four fingers, except the thumb Right 60% Left 50% Disabilities which are not listed above, and notably those in respect of eye-sight, shall be indemnified according to the degree of disability resulting from medical expertise and in proportion of their gravity compared to the listed cases and without taking into consideration the trade of the insured worker. If the wage-earner is left -handed, he shall be granted for lesions in his left limbs the indemnities provided for lesions in right limbs. DECREE No. 11802 OF 30 JANUARY 2004 Regarding the organisation of prevention, safety and professional hygiene in all establishments governed by the Code of Labour The President of the Republic, Considering the Constitution, Considering the provisions of the Code of Labour, particularly its article 8, 61, 62,64,65 and 113, Considering the International Conventions of Labour, as ratified by Decree-Law No. 70 of25/6/1977, No. 115 (protection from radiations), No. 120 (sanitary rules in commerce and offices), No. 127 (maximum level of weight), No. 77 (medical check-up for youth in industry), No. 78 (medical check-up for youth in non-industrial professions) as well as Conventions No. 136 (relating to petrol), No. 139 (relating to professional cancer), No. 176 (relating to security and hygiene in mines), to which the Lebanese government has adhered by Law No. 116 of 15/10/1999, Considering Decree No. 6341 of24/10/1951, relating to the organisation of sanitary protection in all establishments governed by the Code of Labour, with its amendments, On the proposal ofthe Minister of Labour, After consultation with the Council of State (Opinion No. 2712003-2004 of28/1012003), And following the approval of the Council of Ministers on 22/12/2003, Decrees the following: Article I Decree No. 6341 of 24/10/1951, relating to the protection and sanitary prevention in all establishments governed by the Code of Labour, shall be abrogated and replaced by the following text : Article 2 The provisions of the present decree shall apply to all employers and to all establishments listed in article 8 of the Code of Labour, as well as to establishments concerned with craft and family activities. CHAPTER I - Prevention and safety Article 3 The employer must install a safety (security) fence at the following locations: I - Round any flywheel in direct connection with the main engine (motor) and round every mobile part of the engine, irrespective of whether the engine is located in the engine room or not. 2 - At the tips and extremities of any hydraulic wheel and every rotating hydraulic machine. 3 - Round all electricity generators, rotating engines and their connected mobile flywheels unless they are placed or installed in a danger-free position, as if they were protected by a strong fence. 4 - Round each part of the transmission machine that may constitute a danger. 5 - Round any dangerous part of any machine other than the principal engines and transmission machines, unless the position or the construction of such part does not present any danger. The above-mentioned protection fences must provide the following: - To perform adequately, so as to provide full protection from the dangers that they were intended to avoid. - To prevent any contact by the workmen with dangerous areas, through the whole period of operation. Not to disturb workmen's activity or perturb production. It is strictly forbidden to disconnect any safety apparatus, remove or destroy the prevention fences of machines. And, in case they are removed for maintenance purposes, the electrical current must first be disconnected, and prior to their re-functioning. All mobile mechanical engines intended for use on public streets must be equipped with strong and performing brakes, in addition to stabilisation means during their street operations. Warning devices, whether by sound or light, must also be installed at the front and rear of such engines. Crane drivers must be medically fit, and be holders of a valid crane driving licence. They must abide by the rules of security while operating the crane, and they will be required to disconnect the engine batteries at the end of the working day. Indicative panels must be erected close to the machines on the site, so as to direct the workmen to the correct procedure of work and to the preventive measures to be taken. Employers must adopt the following measures: 1 - They must insure by themselves, or through specialists, that the machines, equipment and products as used by the workmen, are free of danger for the health and safety of those who operate them correctly. Sufficient and necessary information must be given on how the machines and equipment can be safely installed and operated, and how the products can be put to good use. Information must also be provided to the workmen on any dangers that may arise from the machines and the equipment, and on any noxious effect from chemical matters, potential physical and biological effects, and how to prevent dangers. 2 - To undergo scientific and technical research studies, so as to cope adequately with the prevention and security obligations as defined in the present decree. Article 4 The use of new machines operated by mechanical force, is subject to the prior obtainment of a licence from the Ministry of Labour, on the basis of an opinion by the engineer-inspector of labour. Article 5 Whoever uses a new machine, operated by mechanical force, without first obtaining a licence, shall be liable to penalties provided under article 107 of the Lebanese Code of Labour. Article 6 Any concern which sustains an accident or a fire, must report the incident to the Ministry of Labour within a maximum delay of 24 hours from its occurrence. The concern must also send to the Ministry every six months a statement of any accidents at work. The engineer-inspector oflabour shall draw a report on the accident machine or the fire. On the basis of this report, the director-general of the Ministry of Labour shall take the adequate decision in respect of the licence to use the engines. The employer shall take all necessary measures to prevent fires, and shall provide appropriate fire extinguishers to deal with products and materials as used in his industry. In particular, he must abide by the following: 1 - To provide the place of work with adequate entry and exit facilities, as well as staircases, so that wage-earners can rapidly evacuate the premises during their exit in case of fire. He must also affix adequate notices on the notice board, to indicate safety exits. 2 - To make available the means and equipment for fire-fighting, so that such an equipment is kept in good order, ready for action, and free from any hindrance, to achieve its purpose. They must be located at easily accessible locations, with notices on how they can be reached. 3 - To provide for alarm signals, in the case of fire. 4 - To display guide notices on how to avoid fires and their causes, in the sectors of the concern that can catch fire. 5 - To draw up an emergency and rescue plan, to appoint a responsible officer for such a plan, and to train a specialist team from amongst the concern's wage-earners in order to put such a plan into execution. Article 7 With due regard to the current and operative regulations relating to the conditions regulating public security and fire prevention in buildings, the Ministry of Labour shall fix all measures to be taken by all concerns governed by the Code of Labour, in order to facilitate the escape from fire and to take the necessary measures to prevent fires. The employer shall affix at a visible location in the place of work, detailed instructions on how to prevent fire and protect wage¬earners from potential fires while carrying out their work. The notices must be in Arabic and another language understood by the wage-earners. Article 8 Any tank or opening in the ground, running one metre deep from the floor or from the neighbouring passage-way, must be adequately protected (enclosed) by a fence not less than 90 centimetres in height. Where the nature of the work precludes the adoption of such safeguards, adequate safeguards shall be taken to guard against danger, with the knowledge and approval of the labour inspector. Article 9 With due regard to the current regulations relating to the technical and preventive measures governing public safety in lifts installations, any lift or hoist must be of good mechanical construction, so that the doors and locking mechanism remain closed until the cabin stops when the doors open. The lift must also not move again, until the doors are closed. The lift must also display a notice indicating its capacity, which should not be exceeded. It must not contain any ignitable material in its construction, and be equipped with ventilation, lighting and call for help facilities in case it comes to a stop. There must also be periodical check-ups of the lifts by a specialist lifts company. Article 10 Any staircase or ladder must be provided with a strong manual banister. All steps, passage-ways and gangways must be protected by a strong railing. Any opening in the concern's floor must also be protected by a fence. Article 11 Any construction of building in excess of three meters in height, must be protected by an enclosure; it must be provided with such devices to enable the persons standing therein to secure hand and foothold, in case of need. Article 12 The Minister of Labour shall issue a decision on any measures to be taken if and when work is being carried out inside a cellar, reservoir, cistern, chimney duct or any other place, emanating noxious gases likely to cause danger to wage-earners. The employer shall provide suitable devices for personal safety, with proper maintenance. He can order the wage-earner to use the protection devices put at his disposal, and to maintain them in good order. Article 13 A special device (aspirator) must be installed round machines intended to crush or sieve material likely to release combustible dust or explosives. Additionally, measures must be taken to prevent dust infiltration and deposit within the concern. Article 14 With due regard to existmg laws and regulations governing steam boilers, whether isolated or teamed up to an identical group of boilers, the following conditions shall apply: 1 - An adequate safety valve designed to prevent the boiler from running a pressure higher than that intended for it. 2 - A stop valve linking the boiler to the steam piping. 3 - An accurate steam manometer, connected to the empty space intended for steam, and easily readable by the attending wage-earner. 4 - At least one water level indicator, made of transparent material so designed as to indicate the water level inside the boiler. 5 - One manometer (gauge) to measure pressure inside the boiler. 6 - All parts of the steam boiler must be of strong construction. 7 - All boiler equipment and accessories must adequately be protected. 8 - Every steam boiler must be checked once a year at least. A declaration to this effect shall be remitted to its owner, such declaration to be presented to the labour inspector, on demand. 9 - It is forbidden to put into operation a location, unless it has been submitted to a prior check¬up and approval by the competent services. Article 15 Any steam vessel which has not been built and protected in such a manner as to withstand the maximum boiler pressure or the maximum pressure which may be present in the pipes connecting the vessel to another seam feed, shall have to be provided with the following: 1 - An appropriate pressure reducing valve, or another appropriate automatic device, preventing the maximum work pressure allowed for the boiler to be exceeded. 2 - An appropriate valve, so regulated to allow a steam let-out, or an appropriate cut-off device which would automatically interrupt the follow of steam. 3 - A precise manometer to control the steam pressure. 4 - An appropriate stop valve. 5 - A plate bearing a distinctive and easily legible number. Every steam vessel must be checked once every two years at least. The inspection certificate shall be kept for production, if need be, to the labour inspection. Article 16 The following specifications shall compulsorily apply to all air vessels; 1 - Specification of the maximum admissible pressure, which may be easily legible. 2 - If the air vessel is connected to a compressor, the vessel must be firmly installed and set up in such a manner as it can withstand the maximum pressure likely to be reached inside the compressor, or provided with a device preventing that such a pressure is exceeded. The vessel must be provided with an appropriate safety valve allowing to let out air as soon as maximum pressure has been reached. In like manner, the vessel shall be provided with an accurate manometer to indicate the event of pressure inside the vessel, and with an appropriate releasing device to flush out the vessel. The vessel shall comprise an aperture for inner cleaning, and it must be checked at least once every two years. Article 17 The employer must keep a register recording the results of all these check-ups to be produced to the competent authorities if need be. Article 18 Taking into account the current legislative provtsions regarding the specifications and norms relating to pollution of air, water and soil, every concern or factory from which dust, fumes, noise or any other noxious or polluting matters that are likely to cause harm to wage-earners are emitted, must be equipped with one or several devices particularly at the source of the noxiousness in order to prevent infiltration into the work premises and the neighbouring environment. It is forbidden to use stationary combustion engines except if a proper device has been set up to ensure the exhaust of the released gases far into the open air after treatment, whenever such engines are not isolated from the work premises. Article 19 There is a requirement to limit the level of exposure of wage-earners to uproar, noise, and vibrations, so that the duration of these perturbations does not exceed the limits stated in Table No. I which is annexed to the present decree. Auditory medical check up must be carried out before the wage-earner is engaged to the work, periodical examinations of the wage earners working in noise area should also be performed and such examinations must be compared with the initial check ups. It falls upon the owner of the establishment to place notices at the entrances of the establishment and in all premises of the place of work which are most exposed to noise, in order to warn wage-earners that they must use personal protection devices against noise. Should the employer find out that the continuous work of the wage-earner in these conditions may lead to him falling victim of air pollution, uproar and medically unacceptable vibrations, he shall do his best - within the limits of the existing laws and regulations - to transfer the wage-earner to another suitable type of work, while preserving intact his salary, grade and professional level... Equally, the employer must resort to any available scientific measures, in order to prevent or reduce noise, in accordance with the following dispositions: A - To eliminate the noise at source, either by eliminating it at source, or by lubricatingthe engine creating the norse, or by isolating the engine with adequate and well-established partitions. B - To move the wage-earners away from the source of the noise. C - To use tight partitions or noise reducers. D - To perform a regular medical check-up on the health condition of the wage-earners who are exposed, or are likely to be exposed, to professional dangers resulting from air pollution, uproar or vibrations, at the place of work. The wage-earner concerned shall not be liable to any resulting financial contribution. He must comply with the security measures relating to the protection against professional dangers resulting from air pollution, noise and vibrations at work place. It will not be tolerated that such prevention and protection measures will lead to results likely to harm the legitimate rights of wage-earners. Likewise, it will be necessary to guarantee the protection of the wage-earner who reasonably estimates that the work place constitutes an imminent and serious menace for his life and health, and to guarantee him against the consequences which his departure may lead to, in accordance with current regulations and laws. Article 20 It is forbidden to eat or drink in the premises which are not intended for this purpose. The necessary precautions must be taken to protect wage-earners against risks of exposure to chemical products which may infiltrate the work's atmosphere, so that their level does not exceed the limits internationally authorised. It will be necessary to fully comply with general precautionary measures concerning the warehousing of dangerous materials, in particular the necessity to reserve separate locations for the warehouse, the production hall and the other sectors. The warehouse must be erected in line with the specifications for fire fighting and thermal tightness. The interior must have adequate ventilation facilities for the warehoused products as well as sufficient access facilities to all areas. Adequate and necessary fire extinguishers must be installed. The concern must install at the work place signals in Arabic and another language familiar to wage-earners who may become exposed to noxious and carcinogenic materials. Likewise, the concern must draw up education and orientation programmes on professional cancer and be prepared to furnish all available data on the likely risks of exposure and on the necessary measures to be taken. All concerns equipped with sources of ionic radiations, or using them, must obtain an ad hoc licence from the Ministry of Labour. They must take all necessary measures to provide adequate protection to wage-earners in what relates to their health and safety by reducing as much as possible the noxiousness of ionic radiations (see Table NO.2 annexed to the present decree). The Minister of Labour shall fix by a decision of his own, the steps which must be taken as a matter of course, in order to : - Reduce the level of exposure of wage-earners to radiations, and reduce their effects. - Fix the maximum tolerated level of doses and quantities of ionic radiations, while regularly re- evaluating them. - Fix the tolerated level of exposure to radiations for wage-earners who are directly engaged in an activity of this sort and who are aged 18 and above. - Fix the tolerated level of exposure to radiations, for wage-earners who may be exposed temporarily. - Offer advice on activity likely to encounter radiations. - Train and form wage-earners exposed to radiations. - Carry out adequate measurements to ensure that the levels of exposure to radiations are being complied with. - Determine the cases when the necessary immediate measures must be taken following exposure to radiations and at a certain level. The concern must inform the Ministry of Labour and the competent services, whenever an accident occurs that has led, or is likely to have led, to contamination of the environment, or whenever a person was overcome by radiations exceeding the normal dose, or when a source of radiation disappears or is damaged, or when the source of radiation runs out of control. The information must comprise all details and an explanation of the causes. The concern must maintain special registers to record sources of radiation, professional medical check-ups of workers in the field of radiations, and accidents sustained by persons, tools and materials ... These registers shall remam confidential, but can be perused by the qualified technical Labour inspection Service. Article 22 It is forbidden to ask or authorise any wage-earner to manually transport any load which, by reason of its weight, may endanger his health or safety, taking into account the conditions under which he would carry out this work according to Annex NO.3. The concern must, as much as possible, use suitable technical tools in order to reduce or ease the amount of manual transportation of loads. The concern shall equally take suitable measures to ascertain that any wage-earner who is requested to manually transport non-light loads is indeed capable of doing so, and that, prior to being asked to perform this task, he will have had enough formation and training in the field of labour techniques, so that he may preserve his health and prevent accidents. It will be forbidden to request women and minor children to manually carry loads, exceptJight loads. As to the maximum weight ofloads which these persons are authorised to carry, push or pull, they are shown in schedule NO.3 which is annexed to the present decree. Article 23 The Ministry of Labour shall determine the steps required to protect the eyes of the wage¬earners from particles or splinters flying around when work is in progress, as well as measures to protect the hands and hearing whenever machines producing strong noises are used, and the necessary steps to protect the wage-earners against damp when working underground. The Ministry of Labour shall equally fix by decisions of its own, the following steps to organise protection and safety at works. 1 - The methods of work, the materials and the factors of exposures to be banned, limited, or submitted for approval by the Minister or under his control. Health risks resulting from simultaneous exposure to several materials or several factors, shall be taken into consideration. 2 - To draw up, and put into execution, the steps to force the employers to report accidents and professional sicknesses, and to establish the relevant statistics. 3 - To initiate investigations whenever it is established that some professional incidents, sicknesses or other health problems have surfaced at the work place or are related thereto, which mirrors a dangerous situation. 4 - To introduce or expand a system for detecting some chemical elements and factors, as well as physical, mechanical or biologic, in as much as they present dangerous aspects for the health of wage-earners. Article 24 The employer will have to provide the workmen with equipment and clothes for their individual protection. He will have to provide maintenance and good preservation for this equipment and clothing without any financial charge on the workmen. However, the work garments may not be worn outside the work place. CHAPTER 2 - Hygiene Article 25 All concerns must maintain their work places in a good state of cleanliness, free from unhealthy emanations emerging from any sanitary piping or installation. Equally, rotting material should not be left to pile up inside the work place, but should be gradually removed and deposited in hermetically closed metal boxes which should be emptied and cleaned every day. There should be a separation at the work place between non-noxious solid waste and solid waste containing noxious material. Non-noxious solid waste shall be removed in bags and special containers, so that they are disposed of on a daily basis. As to solid waste containing noxious material, they must be put aside and then placed in special containers to be moved afterwards to special locations to be designated by the competent authorities. Article 26 It is forbidden to carry out work in wells, gas piping, cesspools or any other place likely to contain offensive gases, except after the atmosphere has been totally purified and all measures taken to protect workmen against harm from all gases, dusty smoke and rubbish accumulated during work. Article 27 If, as a result of the work, the ground shall be damped to such a degree as to create standing water, it will be compulsory, in this event, to fit up the ground with efficient means of water disposal, which should be kept in perfect operational order. Likewise, the ground must be kept solid, flat, and free from any holes, apertures, and other hurdles, which may cause (workmen) to lose their balance, or cause a fall or collision. Apertures in the ground as judged necessary for the completion of work, must be covered with solid hoods; alternatively, a fence could be erected round the apertures, so that workmen and objects can be prevented from falling into them. Article 28 Suitable sanitary installations must be put at the disposal of workmen, in sufficient number. Cleanliness and good lighting must be provided, the floors being built with solid materials, and the doors firmly closed from the inside. One sanitary installation, made up of one basin with tap, must be set up for every group of 15 workmen on average. This installation must be at a close distance from the workplace and at an easily accessible location; it may not look straight into the workplace; access to it must be through a main and well aerated corridor. Independent sanitary installations must be set up for women. Showers must necessarily be made available, at the rate of one shower for one group of fifteen workmen on average, at industries where bodies of the workmen could become contaminated with noxious substances, affecting their cleanliness. The sanitary installations and showers must be provided with soap and a special towel for each workman, to be kept clean, with appropriate means of drying up. Article 29 Potable water must be made available by means of ducts set in appropriate places in such a manner as to be of easy access to all wage-earners; water must be running and proceeding from a public main or any other duct approved by the regional doctor or the work's medical officer: As for potable water kept in vessels for the use of workmen, it must be renewed at least once a day. Such vessels must obviously show the words: potable water. CLAE505 Article 30 Sufficient spaces, suitable and well-aerated, well-lit, with cupboards, must be made available, where workmen can leave or change their clothes during working hours. The clothes must be clean and in good shape. Rooms for women must be separated from rooms for men. Article 31 The director-general of the Ministry of Labour may decide in favour of alternative arrangements for the measures laid down in the preceding article, or for some of them, because of the exiguity of the premises or of special circumstances, which shall be mentioned in the exemption order. Article 32 Necessary and sufficient means must be provided so that the wage-earners, both men and women, who carry out their work in a standing position, may be able to sit down, as well as during the rest breaks granted to them during working hours. Article 33 A cabinet and a locker contairung first-aid requisites must be laid down. If the number of workmen is over fifty, additional cabinets must be laid down for, on average, a group of fifty workmen. The contents of the cabinet shall be as follows: 1 - A purifying or disinfecting product, still valid for use. 2 - Sterilised gas compresses, of various sizes, still valid for use. 3 - Medicines to treat burns, still valid for use. 4 - Medical bandages of various sizes, including adhesive rubber bandages to stop blood bleeding. S - Various tools in metal or wood, to join up fractures and dislocations. This cabinet or box may not contain materials other than first-aid items. This cabinet, or box, shall be laid down at a visible location. Its use shall be entrusted to a responsible person in charge of medical first-aids. Article 34 Every concern that is governed by the Code of Labour and whose workmen exceed fifteen in number, is required to have a doctor who shall act as 'workmen's doctor', should there be none, in order to keep watch over the workmen's health, and remedy to the risks of exposure to normal and professional sicknesses and to accidents at work. These concerns must report to the Ministry of Labour, the name, or names, of work doctors attached to them. Article 35 The hours of the medical officer's service shall be fixed in proportion to the number of wage-earners, at the rate of one serving hour per month at least, for each group of fifteen wage¬earners. Article 36 Several concerns may agree between themselves to set up a joint medical service. They must report to the Ministry of Labour the existence of such a medical centre and its mode of operation. Article 37 The owners of concerns shall pay their remunerations to the doctors attached to them. The workers shall in no way be financially responsible for the cost of clinical examination, laboratory tests and X-rays. Article 38 All persons working at the concern must submit to the following medical examinations: A - Medical examination before beginning work. B - Regular medical check-ups during the period of work, in accordance with the provisions of current laws and regulations, especially in what concerns pregnant women and mothers of children below the age of two. C - Laboratory tests, in order to keep watch over the evolution of the workman's health condition. These medical and laboratory check-ups, as well as medical examinations, shall take place during hours of work. D - The concern's doctor shall first be in charge of medical consultations prior to referring the patient to a specialist doctor. He shall contribute to the improvement of work conditions, in conformity with human physiological capabilities. E - In the light of laboratory and X-ray tests, the concern's doctor shall decide whether the workmen can resume work following their recovery from work accidents or professional sicknesses, or whether they are to be switched to another job, if need be. F - The head of the concern shall report to the Ministry of Labour, any accidents at work within 24 hours of their occurrence. Likewise, he must report any professional sickness. Until the branch known as 'accidents at work and professional sicknesses' becomes operational at the National Fund for Social Security the director-general of the Ministry of Labour shall draw up a list of professional sicknesses, and other cases, which must be reported. Such a list shall be made complete, or amended, according to circumstances. The concern's doctor shall fix the number nature and duration of these tests. He shall open a file for every workman, noting there in the results of medical test, the cases of sickness, their nature, the development of treatment and the duration of interruption of work as caused by the sickness. Such a file shall be made available for perusal by the labour's doctor-inspector on demand. The employer shall take general measures for health protection at the place of work, in particular in what concerns the measures of security, lighting, ventilation, renewal of air and drinking water, toilets, removal of dust and fumes, as well as care for the workmen's dormitory, regulations concerning cleanliness, so as to guard workmen against contamination by biological substances likely to provoke sicknesses. Likewise, he shall take the necessary precautionary measures for the warehousing of dangerous materials at special depots completely separated from other products. Article 39 The employer may require the works medical officer to check the accuracy of sick leave reports produced by the workmen in conformity with the provisions of the Code of Labour. Article 40 The Ministry of Labour may, under a proposal by the director general, and after consulting the employer and the workmen at the works, fix by a decision of his own, the necessary measures for the welfare of the workmen (such as dining rooms, a rest hall, a library, etc.). CHAPTER 3 - Security at the handling of chemical products Article 41 Identification labels must be affixed on containers storing dangerous chemical substances. Such labels must be in a language easily understood by the workmen; they will indicate the risks associated with the use of such chemicals and the security precaution to be adopted. Article 42 The employers must make sure that: A - Identification labels or signs are shown on all containers of chemical products used at work, or in the warehouses, or used for commercial purposes. B - Written information on chemical safety is supplied, enabling the workmen (or their representatives) to take notice of such information. C - No chemical products may be used until after sufficient information has been obtained on the identity of these products, their specifications and the risks associated with their use. D - A register is kept of any dangerous chemical product as used on the premises; such a register must be of easy access to the workmen (or their representatives) who are concerned with the use, transportation or production of such products. Article 43 Employers are liable to the following obligations when transporting chemical products in containers or otherwise: A - To clearly indicate the contents of the container, so that workmen can easily take notice of the nature of the products and of their risks. B - To clearly indicate the precautions to be taken, in order to insure security and comply with such precautions. Article 44 Employers are liable to the following obligations in respect of the environment at work: A - To ascertain that the workmen are not exposed to chemical products in excess of the exposure level tolerated in the work environment, a level which the competent authorities shall determine according to national or international specifications. B - To make sure that the registers relating to the control of the work environment and the cases of exposure of workmen who use dangerous chemical products, are properly kept. C - To ascertain that the workmen and their representatives have an easy access to these registers. D - To undertake to deliver such registers to the Service of work inspection, prevention and safety at the Ministry of Labour. Article 45 Employers are bound to : A - Adopt measures and means to protect the professional safety and health, and to resort to technical control methods in order to protect workmen against risks of exposure to chemical products. B - To provide workmen with tools and protective garments making sure that they are properly serviced and kept in good order for use, without charging the workmen with any financial contribution. These garments may not be worn outside work premises. The employer shall be responsible for the washing, cleaning and, if need be, sterilisation of the garments. C - To supply the workmen with enough water to wash or shower at the end of their work, before they leaving the establishment. The workmen must also be supplied with proper cleanliness aids, such as soap, towels, etc ... D - To provide the workmen with sufficient quantities of fresh milk for drinking. E - To continuously train the workmen on the methods of a safe and faultless use of chemical products. F - To stick warning labels at the locations of dangerous or carcinogenic chemical products. Article 46 Dangerous chemical products shall be replaced with non-dangerous or less dangerous products. Article 47 Dangerous chemical products and their empty containers shall be disposed of by methods non-harmful to the environment, the safety of inhabitants and their good health, in accordance with standing regulations. Article 48 All of those who manipulate chemical products must submit, on top of the instructions in article 38 of the present decree on the subject of medical laboratory check-ups, to which workmen must take part, to periodical laboratory tests in order to evaluate their level of exposure to these products, and control the evaluation of the health condition of wage-earners. Article 49 Workmen are bound to: A - Cooperate with their employers in order to comply with protection and safety regulations in the use of chemical products during work. B - To abstain from wearing the work garments outside the place of work or into their dwellings. C - To abstain from eating or smoking in the work place. D - To wash with showers before leaving the work place. Article 50 1 - The employer shall provide all means of protection, as well as sufficient equipment, for fire-fighting, including alarm systems. He must check up this equipment on a regular basis, so that it remains efficient and suitable for use. 2 - Chemical products shall be stored in constructions and rooms that are fire-resistant and thermally insulated. 3 - Low temperature must be maintained at warehouses for chemical products, according to the nature of these products, thanks to an efficient cooling system. 4 - The width of corridors in warehouses of chemical products must be 60 centimetres at the least. 5 - The premises of work must have emergency exits in case of fire. 6 - Electrical cables, wires and connections shall be protected with isolating materials in the context of a safe system. Maintenance shall be carried out periodically by a qualified person. 7 - A rescue plan shall be drawn up, in cooperation with a specially trained team. Article 51 The Service of inspection and safety at the Ministry of Labour has the right to obtain knowledge of the commercial and scientific brands of the chemical products being used in all establishments which are governed by the Code of Labour in order to determine the level of safety of dangerous and noxious chemical products. Article 52 In case the use of products, techniques and dangerous operations are prohibited in the exporting country of these products, the employer must obtain all data on their dangerous characteristics and their use. CHAPTER 4 - Protection against work dangers in the field of petrol Article 53 I - Measures must be taken to insure the non-infiltration of aromatic petrol fumes (C6H6) into the work place and storage facilities, from containers and vessels of aromatic petrol (C6H6) with all its derivatives. 2 - Operations involving the use of aromatic petrol and its derivatives, must be carried out in closed equipment which must not leak to work environment. 3 - Non-noxious or less-noxious replacement products shall be used in order to supplant petrol or products containing petro!. 4 - The employer shall undertake that the density of petrol in the atmosphere surrounding the work place of the workmen exposed to petrol or to products containing petrol, should not exceed the maximum level of 80 mg/m', 5 - Workmen who are likely to touch petrol or products containing petrol, must be equipped with sufficient means of personal protection against the risks of absorption of petrol through their skin. 6 - The workmen who are likely, because of particular reasons, to be exposed to degrees of petrol density in the atmosphere of the work place, at a level exceeding the above¬mentioned figure, must be fitted with means of personal protection against the risks of inhaling petrol fumes. The duration of exposure must be reduced as much as possible. Article 54 Workmen who are intended to be recruited for work involving exposure to petrol or products containing petrol, must undergo a general medical check-up prior to their engagement, in order to ascertain their suitability for this sort of work. This general check -up shall include blood tests. Regular medical check-ups shall follow every six months, to include biological examinations and blood analysis. These check-ups shall be carried out by a responsible qualified doctor, whose name shall be communicated to the Ministry of Labour. These check-ups shall be officially certified in accordance with normal procedure. Workmen may not become liable for any resulting expenses. Article 55 Pregnant women, who are medically certified as such, breast-feeding mothers and minor children, may not be recruited for a work that is likely to expose them to petrol or to products containing petrol. Article 56 The word 'petrol' and the sign 'danger' shall necessarily appear, and be clearly legible, on any vessel containing petrol or products containing petrol. Article 57 The Ministry of Labour in cooperation with other ministries concerned, shall publish two lists: one for dangerous chemical products, and the other for carcinogenic chemical products. Each list shall designate the materials of which the use is absolutely banned and the products of which the use is authorised following prior approval of the Ministry of Labour. CHAPTER 5 - General provisions Article 58 Wage-earners must be sufficiently informed about the risks associated with their work. They may move away from any site at the work place if unforeseen circumstances emerge which can reasonably lead them to believe that their safety and health are highly at risk. They must report such development to the person supervising their work. All legislative texts, and any instructions relating to security and professional hygiene standards must be communicated to wage-earners. Article 59 Wage-earners must completely abide by all instructions with regards to standards of security at work. Article 60 Dating from the promulgation of the present decree, no licences for the setting up of an industrial concern may be given unless following approval by the Ministry of Labour and the other competent ministries. Article 61 Courts adjudicating cases wherein the prescriptions of the present decree have been disregarded, have the right to order the cessation of the use of machines and the stoppage of work which have caused the damage and to order the measures to be compulsorily adopted to avoid the dangers, over and above the penalties stipulated in the current legislation. Article 62 Confidential information as communicated to the competent authorities should be protected, which information, if disclosed, might cause damage to the employer; however this secrecy should in no way lead to grave dangers to wage-earners, the public at large and the environment. Article 63 The provisions of the present decree shall become enforceable three months after its publication in the Official Gazette. Article 64 The Ministry of Labour may grant an additional time-limit not exceeding three months for the enforcement of the provisions of the present decree, whenever particular difficulties are a bar to the setting up of the required fixtures. Article 65 Any previous texts that are contrary to the provisions of the present decree or are inconsistent with its content, are hereby abrogated. Article 66 The present decree shall be published and notified wherever there shall be need. Baabda, 30 January 2004 Signed: Emile Lahoud By the President of the Republic The President of the Council of Ministers Signed: Rafik Hariri The Minister of Labour Signed: Assaad Hardan Table No.1 Levels of noise intensity at work places and the duration of exposure allowed I - Levels of noise intensity in decibels Duration of allowed exposure in hours 85 8 88 4 91 2 94 I 97 1/2 100 1/4 2 - The level of noise intensity at work places should not exceed 70 decibels for an 8-hour daily exposure. In no case should it exceed l l S decibels. The duration of exposure of workmen at a noise level higher than 85 decibels and up to 100 decibels, shall be fixed according to the table. 3 - In case of exposure to various levels of noise exceeding 90 decibels at different intervals during hours of daily work, the following equation shall be used to evaluate the density of exposure: Al +A2 + ... BI + B2 Table No.2 Limits of the annual dose of radiation Application Limits of the dose for Limits of the dose for workmen (mSv) people in general (mSv) Active dose (for the whole body) Annually during 5 years I mSv a year 20 mSv Allowed annual dose for eye's lens 150 15 Allowed annual dose for skin 500 50 Compensating annual dose for 500 hands and feet ANNEX No.1 lNDUSTRIES 1N WIllCH THE EMPLOYMENT OF CHlLDREN, ADOLESCENTS AND WO"MEN IS PROlllBITED In conformity with the provisions of articles 22, 23 and 27, it is forbidden to employ children, adolescents and women in the following jobs and industries: 1 - Underground work in mines, quarries, and all stone extraction work. 2 - Oven work for the melting, refining and firing of mineral products. 3 - Silvering mirrors by the quicksilver process. 4 - Production and handling of explosives. 5 - Glass melting and firing. 6 - Oxyacetylene welding. 7 - Production of alcohol and all other alcoholic drinks. 8 - Duco painting. 9 - Handling, treatment or reduction of ashes containing lead, and de-silvering lead. 10 - Production of welding material or alloys with more than ten per cent lead content. 11 _ Production of litharge, massicot, minium, white lead, mico-orange or lead sulphate, chromate or silicate. 12 - Mixing and pasting operations in the production or repair work of electric accumulators. 13 _ Cleaning workshops where the operations listed under Nos. 9, 10, 11 and 12 are carried out. 14 - Operating driving engines. 15 - Repairing or cleaning driving engines on the run. 16 - Asphalt production. 17 - Tannery work. 18 - Work in warehouses of fertilisers extracted from excrement, manure, bone and blood. 19 - Cutting up animal carcasses. The admission of adolescents in a factory or a workshop for training or technical preparation shall not be considered employment within the purport of this article, on condition that the factory or workshop has obtained due authorisation to this effect from the Ministry of Hygiene and Public Health . ANNEX NO.2 INDUSTRIES IN WHICH THE EMPLOYMENT OF ADOLESCENTS IS SUBJECT TO THE PRESENTATION OF A MEDICAL CERTIFICATE In conformity with the provisions of articles 22, 23, and 27, it is forbidden to employ children in the following jobs and industries. The employment of adolescents in these jobs and industries is subject to the presentation of a medical certificate: 1 - Blood baking. 2 - Bone firing. 3 - Soap baking. 4 - Tallow melting. 5 - Production of fertilisers. 6 - All leather preparation operations. 7 - Production of glue. 8 - Production of cement. 9 - Cotton ginning (working in halls where cotton gins and machines are installed). 10 - Glassmaking. 11 - Sugar production. 12 - Cotton pressing. 13 - Printing. 14 - Handling and ravelling of rags. 15 - Preparation of hemp, flax and wool. 16 - Marble and stone hewing and sculpture. 17 - Coppersmith work. 18 - Tobacco handling. 19 - Spinning, weaving and knitting of silk, cotton, and flax by means of machinery. 20 - Building works, except for rural constructions not exceeding a maximum eight metres in height. 21 - Paints and varnishes production. 22 - Forging. 23 - Transport of passengers and goods by road, rail or waterways, as well as the handling of goods. |
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