Labor

No person who has not attained the age of twenty-one may employ trainees under the age of sixteen.

It is prohibited for a person to bind themselves by a contract of employment for the duration of their entire life, or to undertake an indefinite commitment to refrain from practising a profession. Any contract, whatever its form, that leads to this result directly or indirectly by any provision whatsoever shall be void.

A contract of employment may be in writing or verbal, and in either case is subject to the provisions of the general law. A written contract must be drawn up in Arabic; translation into a foreign language is permitted if the employer or employee is a foreign national who does not know Arabic.

Every employee shall be issued an employment booklet by the Ministry of Labour. The booklet shall contain the name of the employer, a description of the employee and their specialisation, medical examinations, and the dates of entry and departure from each establishment. The employee's identity and daily, weekly or monthly wage shall be entered in the employment booklet if the employee so requests.

No employer — whether male or female, single, widowed, divorced or separated — may have a minor employee reside with them.

Persons convicted of imprisonment for theft, forgery, use of forged documents, fraud, breach of trust, or for a felony or moral offence may not employ juvenile trainees.

The incapacity arising from the preceding article may, upon application, be lifted by a decision of the Minister of Labour when the convicted person has served their sentence in the same governorate and has spent one year thereafter without incurring any new punishment.

The employer must train the trainee gradually and completely in the art, profession or trade for which they were employed. Upon completion of the training period, a certificate attesting to the trainee's competence shall be issued.

After the expiry of the first two months of training, which are deemed the probationary period, the employer must pay the trainee a minimum wage as follows: in the first stage, one third of the normal employee's wage; in the second stage, half the wage; and in the third stage, two thirds of the wage.

All provisions concerning the necessity and form of the apprenticeship contract and end-of-training examinations shall be the subject of decrees issued by the Council of Ministers. Labour inspectors shall be entrusted with supervising the implementation of these decrees and overseeing compliance with the provisions of this Law, and the competencies of these Ministry of Labour employees shall be defined by decree.

In every occupational category, employers and employees each have the right to form a trade union possessing legal personality and the capacity to litigate.

The purpose of a trade union is confined to matters that serve to protect, encourage, improve and advance the profession and to defend its interests from all economic, industrial and commercial standpoints. Trade unions are prohibited from engaging in politics or from participating in meetings and demonstrations of a political nature.

No single trade union may bring together persons belonging to different occupations; all its members must practise the same or similar occupations. The boundaries between similar occupations and trades, and the list of occupations whose practitioners are authorised to form trade unions, shall be specified by the Minister of Labour by decision upon the proposal of the Trade Unions Department.

The employment of juveniles under the age of eighteen is subject to the provisions of this Chapter.

The employment of juveniles under the age of thirteen is absolutely prohibited. No juvenile may be employed without first undergoing a medical examination to verify their fitness to perform the work for which they are to be employed. Medical certificates shall be issued free of charge by the Ministry of Public Health and shall be renewed annually until the juvenile reaches the age of eighteen. They may be revoked at any time if it is subsequently established that the juvenile is no longer fit to perform the work for which they were employed.

The employment of juveniles in industrial undertakings and in arduous or health-hazardous work listed in Tables (1) and (2) annexed to this Law is prohibited before the juvenile has completed the age of fifteen. The employment of juveniles who have not yet completed the age of sixteen in work that is inherently dangerous or poses a risk to life, health or morals due to the circumstances under which it is carried out is also prohibited. Such work shall be defined by a decree issued by the Council of Ministers upon the proposal of the Minister of Labour. Juveniles under the age of eighteen may not work more than six hours per day, with a break of at least one hour if daily working hours exceed four consecutive hours, and may not be employed during the period between 7 p.m. and 7 a.m. The juvenile must be granted a rest period of at least thirteen consecutive hours between any two work periods. Overtime work and employment during daily and weekly rest periods or during public holidays observed by the establishment are absolutely prohibited. Every juvenile is entitled to annual leave of twenty-one days on full pay, provided they have been employed in the establishment for at least one year. The juvenile must take at least two thirds of the leave at one time, with the remainder to be taken within the same year.

The verification of the age of children and juveniles is the responsibility of employers regardless of their category; they must therefore request proof of identity from every child before employing them.

Establishments set up for craft training may depart from the provisions of Articles 22 and 23, provided that the juvenile's age is not less than twelve full years, that the establishment's curriculum specifies the type of craft, working hours and conditions, and that it is approved by the Ministry of Labour and the health authorities jointly.

Employers are prohibited from discriminating on the basis of gender between male and female workers with regard to the type of work, rate of pay, appointment, promotion, vocational training and clothing.

Women may not be employed in the industries and work listed in Annex No. 1 of this Law.

Women workers in all categories covered by this Law are entitled to maternity leave of ten weeks, covering the period before and after childbirth, supported by a medical certificate specifying the expected date of delivery.

The full wage shall be paid to a woman during maternity leave. A woman worker who has benefited from maternity leave on full pay is entitled to deduct from her ordinary annual leave for that year the period of maternity leave, in accordance with the provisions of Article 39 of the Labour Law. A woman may not be dismissed from service or served with a notice of dismissal during the period of maternity leave, unless it is established that she was employed elsewhere during that period.

The following persons shall be criminally liable for implementing the provisions of this Chapter relating to the employment of children, juveniles and women:

1. 1)Employers and their agents.
2. 2)Parents or guardians who have employed, or allowed the employment of, their children, wards or other children or juveniles in their custody, contrary to the provisions of this Law.

No trade union of employers or employees may be established without a licence from the Minister of Labour.

The licence application shall be submitted to the Ministry of Labour — Trade Unions Department — which shall seek the opinion of the Ministry of Interior before taking a decision to refuse or approve the application. The trade union shall not be considered lawful until the decision is published in the Official Gazette.

The licence application must be submitted in three copies, accompanied by three copies of the internal regulations and the judicial record of the founding members. Fiscal stamps shall be affixed to the first copy, which is returned to the applicant together with the approval decision. The second copy is retained by the Ministry of Interior and the third by the Ministry of Labour.

Every trade union must adopt internal regulations approved by the general assembly by a two-thirds majority of its members. Such regulations shall not be operative until approved by the Ministry of Labour.

The maximum working hours per week are 48 hours in the trade unions listed in Article 5, excluding agricultural trade unions. Children and juveniles shall be employed in accordance with Articles 22 to 25.

Working hours may be reduced for arduous or health-hazardous work, and may be increased in certain cases such as restaurant and café work, by a decision of the Minister of Labour.

Departure from Article 31 is permitted in cases of emergency, by extending working hours to twelve hours, subject to the following conditions:

1. 1)That the provisions of paragraphs 2 and 3 of Article 23 are observed.
2. 2)That the Ministry of Labour is notified within twenty-four hours of the occurrence and of the time required to complete the work.
3. 3)That the rate for overtime hours worked by the employee is 50 percent higher than the rate for normal hours.

Whenever working hours exceed six for men and five for women, the employer must grant employees a break of not less than one hour at mid-shift. Every employee is entitled to nine consecutive hours of rest in every twenty-four hours, except in circumstances required by the nature of the work.

In industrial and commercial establishments, the employer or their representative must post in a conspicuous place in the establishment a statement of working hours for the various categories of employees and must send a copy of this statement to the Ministry of Labour.

The Minister of Labour, upon the proposal of the Director General, shall determine by decision the working hours and opening and closing times for establishments, businesses and occupations of the same or similar kind operated by a group of natural or legal persons, at the request of 60% of the members of that group within the scope of a governorate, city, district or a defined area, village or neighbourhood. The Minister shall also specify by decision the criteria to be adopted in determining the aforementioned ratios.

All employees must be granted an uninterrupted weekly rest of not less than 36 hours. The employer may choose the day of rest and distribute it among employees according to the requirements of the work.

In the cases referred to in Article 33, employees required to work shall be given the option of either compensatory leave equivalent to the weekly rest they were denied, or payment of wages for the hours worked.

Every employee who loses a father, mother, spouse, one of their children or grandchildren, or one of their grandparents is entitled to one day of paid leave.

Every employee is entitled to fifteen days of paid annual leave, provided they have been employed in the establishment for at least one year. The employer may determine the date of the leave according to the requirements of the service. The employer may not dismiss the employee or serve notice of dismissal during the leave period.

If an employee is afflicted with an illness other than occupational diseases arising from their work as provided in Legislative Decree No. 25 of 4 May 1943, they are entitled to sick leave calculated as follows:

1. 1)Half a month on full pay and half a month on half pay, for an employee who has served from three months up to two years.
2. 2)One month on full pay and one month on half pay, for an employee who has served more than two years up to four years.
3. 3)One and a half months on full pay and one and a half months on half pay, for an employee who has served more than four years up to six years.
4. 4)Two months on full pay and two months on half pay, for an employee who has served more than six years up to ten years.
5. 5)Two and a half months on full pay and two and a half months on half pay, for an employee whose service exceeds ten years.

Sick leave is granted on the basis of a report from the employee's treating physician or the establishment's physician. The employer has the right to appoint a physician to verify the accuracy of the report submitted by the employee. Sick leave may be renewed as often as necessary during the same year until the maximum limit set out in the preceding article is reached. If sick leave exceeds one month, the employer may reduce the annual leave to eight days.

The employer may not dismiss the employee from service or serve notice of dismissal during sick leave.

Any agreement contrary to the provisions of this Chapter regarding hours of work and leave is null and void. Employees may benefit from agreements and regulations that are more favourable to them.

Every employer and employee is free to join or not to join a trade union.

The following conditions are required of a person wishing to join a trade union:

1. 1)They must be a Lebanese national enjoying their civil rights.
2. 2)They must be practising the occupation at the time of the application.
3. 3)They must have reached the age of eighteen.
4. 4)They must not have been convicted of a felony or a disgraceful offence.

Foreign nationals may join a trade union if they meet the conditions set out in paragraphs 2, 3 and 4 of the preceding article and are authorised to work in Lebanon. However, foreign members may not vote or stand for election; they may, however, designate one of their number to represent and advocate for them before the trade union council.

The membership application shall be submitted to the trade union council, accompanied by proof of nationality and a work certificate approved by the Trade Unions Department confirming that the applicant practises the trade union's occupation. The trade union council must take a decision to accept or reject the application by secret ballot within fifteen days.

The applicant has the right to object to the decision of rejection before the Trade Unions Department, which shall take the appropriate decision.

The trade union council may expel any member who commits acts that seriously contravene the trade union's objectives, who violates its internal regulations, or who fails to pay their subscription.

A member expelled from the trade union for reasons they consider unlawful has the right to object to the expulsion decision before the Trade Unions Department, which shall take the appropriate decision.

Every member may resign from the trade union by a letter addressed to the president, provided that they are not indebted to the trade union's fund.

The subscription fee shall be specified in the internal regulations and may only be amended with the approval of two thirds of the council's members, ratification by the general assembly, and approval by the Ministry of Labour.

The minimum wage must be sufficient to meet the essential needs of the employee and their family, taking into account the type of work, and must not fall below the official minimum wage.

The minimum wage shall be determined by committees in which the Ministry of Labour, employers and employees are represented.

The minimum wage determination shall be reviewed whenever economic circumstances so require.

Wages, if not paid in kind, must be paid in the official currency notwithstanding any contrary provision, and must be paid at least once a month for staff and twice a month for workers. For piece-rate work requiring more than fifteen days to complete, the date of payment shall be determined by the agreement of both parties, but the worker must receive an advance on account every fifteen days and the full wage must be settled within fifteen days following delivery of the work. Wages must be paid on working days and at the workplace.

Employees' wages for the last year are privileged debts, ranking after the State's claims, judicial costs and compulsory insurance. This principle also applies in cases of bankruptcy.

An employee who has in their custody an item of their own making may exercise the right of retention under the conditions set out in Article 677 of the Code of Obligations and Contracts. Movable items entrusted to an employee for manufacture, repair or cleaning that have not been reclaimed within two years from the date of completion may be sold under the conditions and formalities prescribed by Legislative Decree No. 46 of 1932 on the pledge of movable property, so that the employee may recover the amount owed to them by the employer in respect of the item entrusted.

Trade union affairs shall be managed by a council composed of not fewer than four and not more than twelve members; the number of members on the council must be specified in the internal regulations.

Council members shall be elected for a term of four years by secret ballot. After the first two years, half the members shall be replaced by lot, and their replacements shall be elected. Re-election of outgoing members is permitted.

At their first meeting, the council members shall elect from among themselves a president, a secretary and a treasurer. The president of the council is the president of the trade union.

The competencies of the council, the president, the secretary and the treasurer, and the duties of each, shall be specified in the internal regulations.

The council may not contract any loan or accept donations exceeding one thousand Lebanese liras without the approval of the general assembly and the ratification of the Minister of Labour.

The trade union shall maintain a register recording the names of its members, their ages, the names of their localities, their districts, and their places of work, and another register showing income and expenditure.

a - Both the employer and the employee have the right to terminate at any time a contract of employment concluded between them for an indefinite period. However, in the event of abuse or misuse of this right, the aggrieved party may claim compensation determined on the following bases: - If the termination is by the employer, compensation shall be assessed on the basis of the type of work, the employee's age, length of service, family and health circumstances, the extent of the harm, and the degree of abuse, provided that the compensation awarded is not less than two months' wages and not more than twelve months' wages, in addition to any statutory entitlements the employee may have as a result of dismissal. - If the termination is by the employee for reasons other than those permitted by law and it is found to have caused harm or embarrassment to the employer, compensation for loss and damage shall be assessed at the equivalent of one to four months' wages depending on the circumstances, in addition to the notice indemnity referred to in paragraph (c). b - A party alleging that the termination resulted from abuse or misuse of right must bring a claim before the Arbitration Council within one month from the date of notification of the termination, and may establish the validity of their claim by all means of proof. The Arbitration Council must rule on the matter within three months. c - Both the employer and the employee must notify the other of their intention to terminate the contract: one month in advance if the contract has been performed for three years or less; two months in advance if more than three years but less than six years have elapsed; three months in advance if more than six years but less than twelve years have elapsed; four months in advance if twelve or more years have elapsed. Notice must be in writing and delivered to the party concerned, who may request clarification of the reasons for termination if they are not stated in the notice. A party who fails to comply with the preceding provisions is liable to pay the other party compensation equivalent to the wages for the statutory notice period. If the employee enters into a contract with a new employer after terminating the original contract without fulfilling the notice obligations, and the new employer is aware of this, the new employer shall be jointly and severally liable for any amount awarded to the original employer.

1. 1)Notwithstanding the provisions of the first paragraph of (a) above, if the employee is engaged on a probationary basis, either party may terminate the contract without any notice or compensation during the three months following commencement of employment.
2. 2)Dismissal shall be considered an abuse or misuse of right if it occurs in the following cases:
3. 3)For an unacceptable reason or one unrelated to the employee's fitness or conduct within the establishment or to sound management of the establishment and its work.
4. 4)Due to the employee's membership or non-membership of a particular professional trade union, or due to their engagement in legitimate trade union activity within the bounds of applicable laws and regulations or a collective or individual labour agreement.
5. 5)Due to the employee's candidacy for election, or their election, to a trade union board or as a workers' representative in the establishment, during the period of such candidacy or mandate.
6. 6)Due to the employee's good-faith filing of a complaint with the competent authorities regarding the application of this Law or provisions issued thereunder, or their bringing of proceedings against the employer as a result.
7. 7)Due to the exercise of personal or public freedoms within the framework of applicable laws and regulations.
8. 8)Notwithstanding the provisions of the first paragraph of (a) above, and except in the cases referred to in Article 74 of the Labour Law, the dismissal of duly elected trade union board members, for the duration of their mandate, shall be subject to a referral to the competent Arbitration Council.
9. 9)In such cases, the employer must state all the reasons that led to the dismissal and may immediately suspend the employee from work pending the Arbitration Council's ruling on the merits.
10. 10)The President of the Arbitration Council shall convene a special session to invite the parties to reach a settlement within five days of the referral.
11. 11)If conciliation fails, the full Arbitration Council shall hear the merits and shall rule within one month.
12. 12)If the Council approves the dismissal, it shall order the settlement of the employee's entitlements in accordance with the Labour Law.
13. 13)If the Council does not approve the dismissal, it shall order the employer to reinstate the employee under penalty of paying the employee's legal entitlements plus an additional amount ranging from two to three times the indemnity referred to in paragraph (a).
14. 14)The employer may terminate some or all of the employment contracts in force in the establishment if a force majeure event or economic or technical circumstances necessitate such termination, such as downsizing, replacing one production system with another, or permanent cessation of operations.
15. 15)The employer must notify the Ministry of Labour of the intention to terminate such contracts one month before doing so, and must consult with the Ministry to draw up a final programme for the terminations, taking into account the employees' seniority, specialisations, ages, family and social situations, and the means available for re-employment.
16. 16)Employees dismissed pursuant to the preceding paragraph retain, for one year from the date of leaving work, priority rights to return to work in the establishment from which they were dismissed if operations resume to their normal level and their re-employment in the newly established jobs is feasible.

During the notice period, the employee may be absent for one hour per working day to seek other employment.

Notice may not be given:

1. 1)To a pregnant woman.
2. 2)To a woman on maternity leave.
3. 3)To any employee during ordinary leave or during sick leave.
4. 4)However, these restrictions shall cease to apply if the employee is employed elsewhere during such periods.

If the employer violates the provisions relating to notice, they must pay wages for the days included in the notice period or for the days during which notice may not be given.

Where the social security legislation does not apply to the employer, they must pay any employee dismissed for any reason other than those listed in Article 74 a dismissal indemnity equivalent to one month's wages for each year of service, and half a month's wages if the service is less than one year. The dismissal indemnity may not exceed twelve months' wages, regardless of the number of years of service, for employees working for self-employed professionals, craftspersons, craftsman's workshop operators and the persons referred to in Article 10 of the Commercial Code.

1. 1)An employee who has reached the age of sixty or has completed twenty-five years of service in the same establishment may request dismissal from service and receive the dismissal indemnity. Equally, the same employee has the right to continue working until reaching the full age of sixty-four, at which point entitlement to the Labour Law's end-of-service indemnity scheme ceases entirely, unless the internal regulations of the establishment or the collective labour agreement permit continued employment beyond the age of sixty-four.
2. 2)If an employee requests payment of their indemnity upon reaching sixty years of age, or after completing twenty-five years of service in the same establishment, they shall have no further entitlement to a new dismissal indemnity from the employer if they continue in service until the age of sixty-four.

The indemnity referred to in the preceding articles is owed to all employees regardless of category, even those outside the regular establishment, whether temporary or on daily wages, provided they have been continuously bound to the undertaking for at least one year. The limitation period for claims relating to the indemnity is two years from the date on which the indemnity falls due.

The wage used to calculate the indemnities referred to in the preceding articles is the last wage paid before dismissal or before the leave preceding dismissal. 'Wage' means the basic wage received by the employee on a time basis, together with increments, allowances and commissions added to the basic wage. If the entire wage or part thereof is commission-based, the average amount actually received by the employee during the twelve months preceding dismissal shall be taken into account.

Contracts of service not concluded for a fixed period by contract or type of work are not subject to the provisions of this Chapter relating to notice and dismissal indemnity. Employees who have benefited from fixed-term contracts that have been renewed by contract or by continuation of work without interruption for at least two years shall, with regard to dismissal indemnities, be treated in the same manner as employees with indefinite-term contracts.

Any provision in a contract of service, and in general any agreement concluded between the employer and the employee before or during employment that is intended to waive the provisions of Chapter IV relating to wages, or to reduce the amount to which the employee is entitled under those provisions, shall be null and void. Provisions in a special agreement or in internal regulations intended to grant employees more favourable conditions shall be applicable. Foreign employees dismissed from service shall enjoy the same rights as Lebanese workers, subject to the principle of reciprocity and to the requirement of obtaining a work permit from the Ministry of Labour. Palestinian refugee employees registered in accordance with the Ministry of Interior and Municipalities — Directorate of Political and Refugee Affairs — are exempted from the requirements of reciprocity and the work permit fee issued by the Ministry of Labour. Female workers or employees compelled to leave service due to marriage are also entitled to the dismissal indemnity, provided that they give notice within the period specified in Article 13 and have more than one year of service. This indemnity shall not be payable until marriage has been verified.

If a change occurs in the employer's legal status due to inheritance, sale, merger or any similar event affecting the form of the establishment or its conversion into a company, all employment contracts in force on the day of the change shall remain in effect between the new employer and the establishment's employees.

If the trade union council fails to fulfil its obligations or performs an act outside its competence, the Government has the right to dissolve the council, provided that new council elections are held within three months from the date of dissolution. If such acts are committed by an individual council member, the Government may request their replacement and, if necessary, refer them to the courts.

Trade unions may federate to organise relations among themselves under the name of a federation of trade unions, provided that a licence is obtained from the Ministry of Labour and the conditions prescribed for the establishment of trade unions are met.

Without prejudice to the provisions of Legislative Decree No. 21 of 22 July 1936 on dangerous, health-hazardous or nuisance establishments, the provisions of the decrees and decisions issued in implementation thereof, and the provisions of Article 647 of the Code of Obligations and Contracts, the establishments referred to in Article 8 of this Law must be kept clean at all times and must comply with the health and comfort conditions necessary for employees. Establishments must be fitted out in a manner that guarantees the safety of employees. Machinery, mechanical parts, conveyances, tools and equipment must be installed and maintained in accordance with the best possible safety conditions.

The following shall be determined by decrees issued by the Council of Ministers after taking the opinion of the Ministry of Labour:

1. 1)General health protection and preventive measures applicable to all subject establishments, in particular regarding safety measures, lighting, ventilation, air renewal, drinking water, sanitary facilities, dust and smoke extraction, employee accommodation and fire prevention measures.
2. 2)Special instructions relating either to certain trades or to certain types of work, as required.

With regard to the implementation of the decrees referred to in the preceding article, inspectors must notify the heads of establishments of the obligation to comply with those instructions before they prepare reports against them.

The notice shall be in writing and shall be entered in a specially kept register, initialled, signed, and identifying the violations found and the time limit for remedying them.

Every head of an establishment, director, manager, supervisor or any person with authority over workers and staff is prohibited from permitting the introduction or distribution of any alcoholic beverages in the establishments referred to in Article 8 of this Law for the purpose of consumption by employees on the work premises. It is likewise prohibited to permit intoxicated persons to enter or remain in those establishments.

No person who has not attained the age of twenty-one may employ trainees under the age of sixteen.

It is prohibited for a person to bind themselves by a contract of employment for the duration of their entire life, or to undertake an indefinite commitment to refrain from practising a profession. Any contract, whatever its form, that leads to this result directly or indirectly by any provision whatsoever shall be void.

A contract of employment may be in writing or verbal, and in either case is subject to the provisions of the general law. A written contract must be drawn up in Arabic; translation into a foreign language is permitted if the employer or employee is a foreign national who does not know Arabic.

Every employee shall be issued an employment booklet by the Ministry of Labour. The booklet shall contain the name of the employer, a description of the employee and their specialisation, medical examinations, and the dates of entry and departure from each establishment. The employee's identity and daily, weekly or monthly wage shall be entered in the employment booklet if the employee so requests.

No employer — whether male or female, single, widowed, divorced or separated — may have a minor employee reside with them.

Persons convicted of imprisonment for theft, forgery, use of forged documents, fraud, breach of trust, or for a felony or moral offence may not employ juvenile trainees.

The incapacity arising from the preceding article may, upon application, be lifted by a decision of the Minister of Labour when the convicted person has served their sentence in the same governorate and has spent one year thereafter without incurring any new punishment.

The employer must train the trainee gradually and completely in the art, profession or trade for which they were employed. Upon completion of the training period, a certificate attesting to the trainee's competence shall be issued.

After the expiry of the first two months of training, which are deemed the probationary period, the employer must pay the trainee a minimum wage as follows: in the first stage, one third of the normal employee's wage; in the second stage, half the wage; and in the third stage, two thirds of the wage.

All provisions concerning the necessity and form of the apprenticeship contract and end-of-training examinations shall be the subject of decrees issued by the Council of Ministers. Labour inspectors shall be entrusted with supervising the implementation of these decrees and overseeing compliance with the provisions of this Law, and the competencies of these Ministry of Labour employees shall be defined by decree.

In every occupational category, employers and employees each have the right to form a trade union possessing legal personality and the capacity to litigate.

The purpose of a trade union is confined to matters that serve to protect, encourage, improve and advance the profession and to defend its interests from all economic, industrial and commercial standpoints. Trade unions are prohibited from engaging in politics or from participating in meetings and demonstrations of a political nature.

No single trade union may bring together persons belonging to different occupations; all its members must practise the same or similar occupations. The boundaries between similar occupations and trades, and the list of occupations whose practitioners are authorised to form trade unions, shall be specified by the Minister of Labour by decision upon the proposal of the Trade Unions Department.

The employment of juveniles under the age of eighteen is subject to the provisions of this Chapter.

The employment of juveniles under the age of thirteen is absolutely prohibited. No juvenile may be employed without first undergoing a medical examination to verify their fitness to perform the work for which they are to be employed. Medical certificates shall be issued free of charge by the Ministry of Public Health and shall be renewed annually until the juvenile reaches the age of eighteen. They may be revoked at any time if it is subsequently established that the juvenile is no longer fit to perform the work for which they were employed.

The employment of juveniles in industrial undertakings and in arduous or health-hazardous work listed in Tables (1) and (2) annexed to this Law is prohibited before the juvenile has completed the age of fifteen. The employment of juveniles who have not yet completed the age of sixteen in work that is inherently dangerous or poses a risk to life, health or morals due to the circumstances under which it is carried out is also prohibited. Such work shall be defined by a decree issued by the Council of Ministers upon the proposal of the Minister of Labour. Juveniles under the age of eighteen may not work more than six hours per day, with a break of at least one hour if daily working hours exceed four consecutive hours, and may not be employed during the period between 7 p.m. and 7 a.m. The juvenile must be granted a rest period of at least thirteen consecutive hours between any two work periods. Overtime work and employment during daily and weekly rest periods or during public holidays observed by the establishment are absolutely prohibited. Every juvenile is entitled to annual leave of twenty-one days on full pay, provided they have been employed in the establishment for at least one year. The juvenile must take at least two thirds of the leave at one time, with the remainder to be taken within the same year.

The verification of the age of children and juveniles is the responsibility of employers regardless of their category; they must therefore request proof of identity from every child before employing them.

Establishments set up for craft training may depart from the provisions of Articles 22 and 23, provided that the juvenile's age is not less than twelve full years, that the establishment's curriculum specifies the type of craft, working hours and conditions, and that it is approved by the Ministry of Labour and the health authorities jointly.

Employers are prohibited from discriminating on the basis of gender between male and female workers with regard to the type of work, rate of pay, appointment, promotion, vocational training and clothing.

Women may not be employed in the industries and work listed in Annex No. 1 of this Law.

Women workers in all categories covered by this Law are entitled to maternity leave of ten weeks, covering the period before and after childbirth, supported by a medical certificate specifying the expected date of delivery.

The full wage shall be paid to a woman during maternity leave. A woman worker who has benefited from maternity leave on full pay is entitled to deduct from her ordinary annual leave for that year the period of maternity leave, in accordance with the provisions of Article 39 of the Labour Law. A woman may not be dismissed from service or served with a notice of dismissal during the period of maternity leave, unless it is established that she was employed elsewhere during that period.

The following persons shall be criminally liable for implementing the provisions of this Chapter relating to the employment of children, juveniles and women:

1. 1)Employers and their agents.
2. 2)Parents or guardians who have employed, or allowed the employment of, their children, wards or other children or juveniles in their custody, contrary to the provisions of this Law.

No trade union of employers or employees may be established without a licence from the Minister of Labour.

The licence application shall be submitted to the Ministry of Labour — Trade Unions Department — which shall seek the opinion of the Ministry of Interior before taking a decision to refuse or approve the application. The trade union shall not be considered lawful until the decision is published in the Official Gazette.

The licence application must be submitted in three copies, accompanied by three copies of the internal regulations and the judicial record of the founding members. Fiscal stamps shall be affixed to the first copy, which is returned to the applicant together with the approval decision. The second copy is retained by the Ministry of Interior and the third by the Ministry of Labour.

Every trade union must adopt internal regulations approved by the general assembly by a two-thirds majority of its members. Such regulations shall not be operative until approved by the Ministry of Labour.

The maximum working hours per week are 48 hours in the trade unions listed in Article 5, excluding agricultural trade unions. Children and juveniles shall be employed in accordance with Articles 22 to 25.

Working hours may be reduced for arduous or health-hazardous work, and may be increased in certain cases such as restaurant and café work, by a decision of the Minister of Labour.

Departure from Article 31 is permitted in cases of emergency, by extending working hours to twelve hours, subject to the following conditions:

1. 1)That the provisions of paragraphs 2 and 3 of Article 23 are observed.
2. 2)That the Ministry of Labour is notified within twenty-four hours of the occurrence and of the time required to complete the work.
3. 3)That the rate for overtime hours worked by the employee is 50 percent higher than the rate for normal hours.

Whenever working hours exceed six for men and five for women, the employer must grant employees a break of not less than one hour at mid-shift. Every employee is entitled to nine consecutive hours of rest in every twenty-four hours, except in circumstances required by the nature of the work.

In industrial and commercial establishments, the employer or their representative must post in a conspicuous place in the establishment a statement of working hours for the various categories of employees and must send a copy of this statement to the Ministry of Labour.

The Minister of Labour, upon the proposal of the Director General, shall determine by decision the working hours and opening and closing times for establishments, businesses and occupations of the same or similar kind operated by a group of natural or legal persons, at the request of 60% of the members of that group within the scope of a governorate, city, district or a defined area, village or neighbourhood. The Minister shall also specify by decision the criteria to be adopted in determining the aforementioned ratios.

All employees must be granted an uninterrupted weekly rest of not less than 36 hours. The employer may choose the day of rest and distribute it among employees according to the requirements of the work.

In the cases referred to in Article 33, employees required to work shall be given the option of either compensatory leave equivalent to the weekly rest they were denied, or payment of wages for the hours worked.

Every employee who loses a father, mother, spouse, one of their children or grandchildren, or one of their grandparents is entitled to one day of paid leave.

Every employee is entitled to fifteen days of paid annual leave, provided they have been employed in the establishment for at least one year. The employer may determine the date of the leave according to the requirements of the service. The employer may not dismiss the employee or serve notice of dismissal during the leave period.

If an employee is afflicted with an illness other than occupational diseases arising from their work as provided in Legislative Decree No. 25 of 4 May 1943, they are entitled to sick leave calculated as follows:

1. 1)Half a month on full pay and half a month on half pay, for an employee who has served from three months up to two years.
2. 2)One month on full pay and one month on half pay, for an employee who has served more than two years up to four years.
3. 3)One and a half months on full pay and one and a half months on half pay, for an employee who has served more than four years up to six years.
4. 4)Two months on full pay and two months on half pay, for an employee who has served more than six years up to ten years.
5. 5)Two and a half months on full pay and two and a half months on half pay, for an employee whose service exceeds ten years.

Sick leave is granted on the basis of a report from the employee's treating physician or the establishment's physician. The employer has the right to appoint a physician to verify the accuracy of the report submitted by the employee. Sick leave may be renewed as often as necessary during the same year until the maximum limit set out in the preceding article is reached. If sick leave exceeds one month, the employer may reduce the annual leave to eight days.

The employer may not dismiss the employee from service or serve notice of dismissal during sick leave.

Any agreement contrary to the provisions of this Chapter regarding hours of work and leave is null and void. Employees may benefit from agreements and regulations that are more favourable to them.

Every employer and employee is free to join or not to join a trade union.

The following conditions are required of a person wishing to join a trade union:

1. 1)They must be a Lebanese national enjoying their civil rights.
2. 2)They must be practising the occupation at the time of the application.
3. 3)They must have reached the age of eighteen.
4. 4)They must not have been convicted of a felony or a disgraceful offence.

Foreign nationals may join a trade union if they meet the conditions set out in paragraphs 2, 3 and 4 of the preceding article and are authorised to work in Lebanon. However, foreign members may not vote or stand for election; they may, however, designate one of their number to represent and advocate for them before the trade union council.

The membership application shall be submitted to the trade union council, accompanied by proof of nationality and a work certificate approved by the Trade Unions Department confirming that the applicant practises the trade union's occupation. The trade union council must take a decision to accept or reject the application by secret ballot within fifteen days.

The applicant has the right to object to the decision of rejection before the Trade Unions Department, which shall take the appropriate decision.

The trade union council may expel any member who commits acts that seriously contravene the trade union's objectives, who violates its internal regulations, or who fails to pay their subscription.

A member expelled from the trade union for reasons they consider unlawful has the right to object to the expulsion decision before the Trade Unions Department, which shall take the appropriate decision.

Every member may resign from the trade union by a letter addressed to the president, provided that they are not indebted to the trade union's fund.

The subscription fee shall be specified in the internal regulations and may only be amended with the approval of two thirds of the council's members, ratification by the general assembly, and approval by the Ministry of Labour.

The minimum wage must be sufficient to meet the essential needs of the employee and their family, taking into account the type of work, and must not fall below the official minimum wage.

The minimum wage shall be determined by committees in which the Ministry of Labour, employers and employees are represented.

The minimum wage determination shall be reviewed whenever economic circumstances so require.

Wages, if not paid in kind, must be paid in the official currency notwithstanding any contrary provision, and must be paid at least once a month for staff and twice a month for workers. For piece-rate work requiring more than fifteen days to complete, the date of payment shall be determined by the agreement of both parties, but the worker must receive an advance on account every fifteen days and the full wage must be settled within fifteen days following delivery of the work. Wages must be paid on working days and at the workplace.

Employees' wages for the last year are privileged debts, ranking after the State's claims, judicial costs and compulsory insurance. This principle also applies in cases of bankruptcy.

An employee who has in their custody an item of their own making may exercise the right of retention under the conditions set out in Article 677 of the Code of Obligations and Contracts. Movable items entrusted to an employee for manufacture, repair or cleaning that have not been reclaimed within two years from the date of completion may be sold under the conditions and formalities prescribed by Legislative Decree No. 46 of 1932 on the pledge of movable property, so that the employee may recover the amount owed to them by the employer in respect of the item entrusted.

Trade union affairs shall be managed by a council composed of not fewer than four and not more than twelve members; the number of members on the council must be specified in the internal regulations.

Council members shall be elected for a term of four years by secret ballot. After the first two years, half the members shall be replaced by lot, and their replacements shall be elected. Re-election of outgoing members is permitted.

At their first meeting, the council members shall elect from among themselves a president, a secretary and a treasurer. The president of the council is the president of the trade union.

The competencies of the council, the president, the secretary and the treasurer, and the duties of each, shall be specified in the internal regulations.

The council may not contract any loan or accept donations exceeding one thousand Lebanese liras without the approval of the general assembly and the ratification of the Minister of Labour.

The trade union shall maintain a register recording the names of its members, their ages, the names of their localities, their districts, and their places of work, and another register showing income and expenditure.

a - Both the employer and the employee have the right to terminate at any time a contract of employment concluded between them for an indefinite period. However, in the event of abuse or misuse of this right, the aggrieved party may claim compensation determined on the following bases: - If the termination is by the employer, compensation shall be assessed on the basis of the type of work, the employee's age, length of service, family and health circumstances, the extent of the harm, and the degree of abuse, provided that the compensation awarded is not less than two months' wages and not more than twelve months' wages, in addition to any statutory entitlements the employee may have as a result of dismissal. - If the termination is by the employee for reasons other than those permitted by law and it is found to have caused harm or embarrassment to the employer, compensation for loss and damage shall be assessed at the equivalent of one to four months' wages depending on the circumstances, in addition to the notice indemnity referred to in paragraph (c). b - A party alleging that the termination resulted from abuse or misuse of right must bring a claim before the Arbitration Council within one month from the date of notification of the termination, and may establish the validity of their claim by all means of proof. The Arbitration Council must rule on the matter within three months. c - Both the employer and the employee must notify the other of their intention to terminate the contract: one month in advance if the contract has been performed for three years or less; two months in advance if more than three years but less than six years have elapsed; three months in advance if more than six years but less than twelve years have elapsed; four months in advance if twelve or more years have elapsed. Notice must be in writing and delivered to the party concerned, who may request clarification of the reasons for termination if they are not stated in the notice. A party who fails to comply with the preceding provisions is liable to pay the other party compensation equivalent to the wages for the statutory notice period. If the employee enters into a contract with a new employer after terminating the original contract without fulfilling the notice obligations, and the new employer is aware of this, the new employer shall be jointly and severally liable for any amount awarded to the original employer.

1. 1)Notwithstanding the provisions of the first paragraph of (a) above, if the employee is engaged on a probationary basis, either party may terminate the contract without any notice or compensation during the three months following commencement of employment.
2. 2)Dismissal shall be considered an abuse or misuse of right if it occurs in the following cases:
3. 3)For an unacceptable reason or one unrelated to the employee's fitness or conduct within the establishment or to sound management of the establishment and its work.
4. 4)Due to the employee's membership or non-membership of a particular professional trade union, or due to their engagement in legitimate trade union activity within the bounds of applicable laws and regulations or a collective or individual labour agreement.
5. 5)Due to the employee's candidacy for election, or their election, to a trade union board or as a workers' representative in the establishment, during the period of such candidacy or mandate.
6. 6)Due to the employee's good-faith filing of a complaint with the competent authorities regarding the application of this Law or provisions issued thereunder, or their bringing of proceedings against the employer as a result.
7. 7)Due to the exercise of personal or public freedoms within the framework of applicable laws and regulations.
8. 8)Notwithstanding the provisions of the first paragraph of (a) above, and except in the cases referred to in Article 74 of the Labour Law, the dismissal of duly elected trade union board members, for the duration of their mandate, shall be subject to a referral to the competent Arbitration Council.
9. 9)In such cases, the employer must state all the reasons that led to the dismissal and may immediately suspend the employee from work pending the Arbitration Council's ruling on the merits.
10. 10)The President of the Arbitration Council shall convene a special session to invite the parties to reach a settlement within five days of the referral.
11. 11)If conciliation fails, the full Arbitration Council shall hear the merits and shall rule within one month.
12. 12)If the Council approves the dismissal, it shall order the settlement of the employee's entitlements in accordance with the Labour Law.
13. 13)If the Council does not approve the dismissal, it shall order the employer to reinstate the employee under penalty of paying the employee's legal entitlements plus an additional amount ranging from two to three times the indemnity referred to in paragraph (a).
14. 14)The employer may terminate some or all of the employment contracts in force in the establishment if a force majeure event or economic or technical circumstances necessitate such termination, such as downsizing, replacing one production system with another, or permanent cessation of operations.
15. 15)The employer must notify the Ministry of Labour of the intention to terminate such contracts one month before doing so, and must consult with the Ministry to draw up a final programme for the terminations, taking into account the employees' seniority, specialisations, ages, family and social situations, and the means available for re-employment.
16. 16)Employees dismissed pursuant to the preceding paragraph retain, for one year from the date of leaving work, priority rights to return to work in the establishment from which they were dismissed if operations resume to their normal level and their re-employment in the newly established jobs is feasible.

During the notice period, the employee may be absent for one hour per working day to seek other employment.

Notice may not be given:

1. 1)To a pregnant woman.
2. 2)To a woman on maternity leave.
3. 3)To any employee during ordinary leave or during sick leave.
4. 4)However, these restrictions shall cease to apply if the employee is employed elsewhere during such periods.

If the employer violates the provisions relating to notice, they must pay wages for the days included in the notice period or for the days during which notice may not be given.

Where the social security legislation does not apply to the employer, they must pay any employee dismissed for any reason other than those listed in Article 74 a dismissal indemnity equivalent to one month's wages for each year of service, and half a month's wages if the service is less than one year. The dismissal indemnity may not exceed twelve months' wages, regardless of the number of years of service, for employees working for self-employed professionals, craftspersons, craftsman's workshop operators and the persons referred to in Article 10 of the Commercial Code.

1. 1)An employee who has reached the age of sixty or has completed twenty-five years of service in the same establishment may request dismissal from service and receive the dismissal indemnity. Equally, the same employee has the right to continue working until reaching the full age of sixty-four, at which point entitlement to the Labour Law's end-of-service indemnity scheme ceases entirely, unless the internal regulations of the establishment or the collective labour agreement permit continued employment beyond the age of sixty-four.
2. 2)If an employee requests payment of their indemnity upon reaching sixty years of age, or after completing twenty-five years of service in the same establishment, they shall have no further entitlement to a new dismissal indemnity from the employer if they continue in service until the age of sixty-four.

The indemnity referred to in the preceding articles is owed to all employees regardless of category, even those outside the regular establishment, whether temporary or on daily wages, provided they have been continuously bound to the undertaking for at least one year. The limitation period for claims relating to the indemnity is two years from the date on which the indemnity falls due.

The wage used to calculate the indemnities referred to in the preceding articles is the last wage paid before dismissal or before the leave preceding dismissal. 'Wage' means the basic wage received by the employee on a time basis, together with increments, allowances and commissions added to the basic wage. If the entire wage or part thereof is commission-based, the average amount actually received by the employee during the twelve months preceding dismissal shall be taken into account.

Contracts of service not concluded for a fixed period by contract or type of work are not subject to the provisions of this Chapter relating to notice and dismissal indemnity. Employees who have benefited from fixed-term contracts that have been renewed by contract or by continuation of work without interruption for at least two years shall, with regard to dismissal indemnities, be treated in the same manner as employees with indefinite-term contracts.

Any provision in a contract of service, and in general any agreement concluded between the employer and the employee before or during employment that is intended to waive the provisions of Chapter IV relating to wages, or to reduce the amount to which the employee is entitled under those provisions, shall be null and void. Provisions in a special agreement or in internal regulations intended to grant employees more favourable conditions shall be applicable. Foreign employees dismissed from service shall enjoy the same rights as Lebanese workers, subject to the principle of reciprocity and to the requirement of obtaining a work permit from the Ministry of Labour. Palestinian refugee employees registered in accordance with the Ministry of Interior and Municipalities — Directorate of Political and Refugee Affairs — are exempted from the requirements of reciprocity and the work permit fee issued by the Ministry of Labour. Female workers or employees compelled to leave service due to marriage are also entitled to the dismissal indemnity, provided that they give notice within the period specified in Article 13 and have more than one year of service. This indemnity shall not be payable until marriage has been verified.

If a change occurs in the employer's legal status due to inheritance, sale, merger or any similar event affecting the form of the establishment or its conversion into a company, all employment contracts in force on the day of the change shall remain in effect between the new employer and the establishment's employees.

If the trade union council fails to fulfil its obligations or performs an act outside its competence, the Government has the right to dissolve the council, provided that new council elections are held within three months from the date of dissolution. If such acts are committed by an individual council member, the Government may request their replacement and, if necessary, refer them to the courts.

Trade unions may federate to organise relations among themselves under the name of a federation of trade unions, provided that a licence is obtained from the Ministry of Labour and the conditions prescribed for the establishment of trade unions are met.