First
The following persons shall be subject to the provisions of this Law from the first phase, provided they work within Lebanese territory:
- 1)With regard to all branches mentioned in Article 7:
- 2)Lebanese employees (workers and staff) whether permanent, temporary, apprentices, seasonal, or trainees (1), regardless of the contract under which they work for one or more employers, Lebanese or foreign; regardless of the duration, nature, type, or validity of the contracts binding them to their employer; and regardless of whether remuneration is paid wholly or partly as wages, commissions, a share of profits, or in any other form, whether paid by the employer or by third parties such as gratuities.
- 3)Lebanese employees not bound by a specific employment contract working in the maritime, port, contracting, construction, and press sectors, as well as other Lebanese employees not bound by a specific employment contract, regardless of the nature or manner of their earnings.
- 4)Members of the teaching staff in higher education institutions referred to in the Law on the Organisation of Higher Private Education dated 26/12/1961 and in the technical institutes referred to in Article 12 of Implementing Decree No. 7880 dated 25/7/1967 (2).
- 5)The dates on which each branch of social security shall commence for each of the sectors and categories mentioned in sub-paragraphs (b) and (c) above, and the conditions of coverage for temporary and seasonal employees referred to in sub-paragraph (a), shall be fixed by decrees adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
- 6)Lebanese nationals working for the State, municipalities, any administration, public institution, independent service, or those dealing with foreign agencies (3) (4), regardless of the duration, nature, type, or validity of their appointment or contractual engagement.
- 7)Persons mentioned above shall be subject to the End-of-Service Indemnity branch and contributions shall be paid on their behalf from the date of their entry into employment if they are still engaged therein. Persons who entered employment before 1/5/1965 and continued therein may opt to join the End-of-Service Indemnity Fund within one year of the date of publication of this Law in the Official Gazette, in accordance with the procedures and conditions specified in Law No. 27 dated 25/9/1974.
- 8)With respect to the Family and Educational Allowances and Sickness and Maternity branches, any allowances actually paid to those persons or any contributions actually paid on their behalf under those two branches shall not have retroactive effect.
- 9)Permanent State officials as defined in paragraph 2 of Article One of Legislative Decree No. 112 dated 12/6/1959 are excluded from the provisions of this sub-paragraph.
- 10)[Paragraph added by Law No. 82/3 dated 28/1/1982]:
- 11)Lebanese nationals working for municipalities are excluded from the effective date of coverage set out in this sub-paragraph and shall be subject to the Sickness and Maternity, Family and Educational Allowances, and End-of-Service Indemnity branches only under the following conditions:
- 12)For the Sickness and Maternity and Family and Educational Allowances branches:
- 13)Without any retroactive effect, as of 1/4/1982 (5).
- 14)For the End-of-Service Indemnity branch:
- 15)Effective from the date of contributions actually paid, as of the aforesaid date (1/4/1982), provided that the period already elapsed by that date is taken into account. Municipalities shall settle their prior indemnities in accordance with Article 53 and submit the settlement account to the Fund within four months of the effective date of this Law. These accounts shall remain held in full by the municipalities until a settlement is requested and one of the legally prescribed circumstances arises. Entitlement to the indemnity and payment of the prior period account along with the settlement amount arising from its liquidation, in accordance with legal provisions, shall be effected within one month of the date of the Fund's demand for payment. Municipalities shall not be required to pay any contribution arrears previously paid to the Fund under Law No. 75/16, nor to repay any allowances actually paid under that Law.
- 16)[Paragraphs added by Law No. 86/7 dated 11/2/1986]:
- 17)- Lebanese nationals working for the National Council for Scientific Research are excluded from the effective date of coverage set out in this sub-paragraph and shall be subject to the Sickness and Maternity, Family and Educational Allowances, and End-of-Service Indemnity branches only under the following conditions (2):
- 18)For the Sickness and Maternity and Family and Educational Allowances branches:
- 19)Without any retroactive effect, as of 1/1/1986.
- 20)For the End-of-Service Indemnity branch:
- 21)Effective from the date of contributions actually paid, as of the aforesaid date (1/1/1986), provided the period already elapsed is taken into account. The National Council for Scientific Research shall settle its prior indemnities pursuant to Article 53 and submit the settlement account to the Fund within four months of the effective date of this Law. The rules applicable to municipalities set out above apply mutatis mutandis.
- 22)The categories of public-transport drivers and other categories of Lebanese nationals (3) not mentioned (4) in this Article whose mandatory coverage from the first phase appears necessary for some or all social security branches (5), shall be defined by decrees adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
- 23)Permanent State officials as defined in sub-paragraph (d) of clause 1 above of this section (First), excluding military personnel and members of the Internal Security Forces and General Security.
- 24)The Civil Servants Cooperative (1) shall continue to provide the benefits or benefit supplements not supplied by the Social Security Fund to its affiliates, and the State's financial contribution to the Cooperative shall be fixed by a decree adopted in the Council of Ministers.
- 25)Members of the teaching staff (2) in all private schools (3), whether in the establishment or outside it.
- 26)Lebanese students (4) and students of no defined nationality or under-defined nationalities enrolled in higher education institutions (5) and technical institutes (6).
- 27)Foreign students residing in Lebanon, pursuant to bilateral agreements concluded between Lebanon and their countries of origin (7).
- 28)The conditions for covering and extending benefits to the categories referred to in clause (3) above shall be fixed by decrees adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
- 29)Physicians admitted to the Fund under the provisions of the Social Security Law and internal regulations, by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors (8).
Second
Lebanese employees who are contracted in Lebanon with an enterprise having its principal place of business or a branch therein, and who work abroad, shall not be subject to or benefit from all or some branches of social security if they are subject to and benefit in the country where they work from comparable benefits of at least an equivalent standard to those provided under the Social Security Law; the burden of proof lies with the employer.
In all circumstances, the employees mentioned above who commence work in Lebanon and are subsequently transferred abroad, or who return from abroad to work in Lebanon, shall remain subject to the End-of-Service Indemnity branch. In this case, the basis for calculating contributions shall be the basic salary or wage, excluding the allowances paid during or in connection with work abroad.
Third
- 1)Foreign employees working on Lebanese territory who are bound to one or more employers, and the employers who employ them, shall be subject to all obligations set out in the Social Security Law under the prescribed conditions, insofar as the Sickness and Maternity Insurance, Family and Educational Allowances, and Occupational Accidents and Diseases Insurance branches are concerned. Employers shall not be subject to obligations relating to the End-of-Service Indemnity branch, and foreign employees shall not be entitled to benefits under that branch.
- 2)Foreign employees referred to above shall benefit from the benefits provided under the Social Security Law, provided they hold a valid work permit under the applicable laws and regulations, and provided the State of which they are nationals grants Lebanese nationals equality of treatment with its own nationals in respect of social security.
- 3)The countries that reciprocate Lebanon's treatment in respect of social security, and the conditions under which their nationals may benefit, whether for all or some branches, shall be determined by decisions issued by the Board of Directors after consulting the Ministry of Foreign Affairs.
- 4)Family members of a foreign insured person who do not permanently reside on the territory of the Lebanese Republic shall not benefit from the social security system, with the exception of end-of-service indemnity.
- 5)The provisions of this section (Third) shall not apply to the employees referred to in sub-paragraph (b) of clause (1) of section (First) of this Article, such that only Lebanese employees shall be subject to and benefit from the provisions of that sub-paragraph.
[Paragraph added by Law No. 128 dated 24/8/2010]:
- Palestinian refugees who work and reside in Lebanon and are registered with the Ministry of Political and Refugee Affairs – Ministry of Interior and Municipalities – shall be subject solely to the provisions of the Labour Law with respect to End-of-Service Indemnity and Occupational Accidents.
- Employer beneficiaries among Palestinian refugee workers are exempted from the reciprocity requirement (1) set out in the Labour Law and Social Security Law, and shall benefit from End-of-Service Indemnity under the same conditions as a Lebanese worker.
The administration of the National Social Security Fund shall maintain a separate, independent account for the contributions due from Palestinian refugee workers, and neither the Treasury nor the National Social Security Fund shall bear any obligation or financial commitment vis-à-vis that account. Persons covered by this Law shall not benefit from the Sickness and Maternity Insurance or Family Allowances funds.
Fourth
Foreign employees working in Lebanon under contracts concluded abroad with foreign enterprises shall not be subject to the Social Security Law if they are entitled in the country to which they belong, the country in which the contract was concluded, or the country of which they are nationals, to social benefits that are, taken as a whole, at least equivalent to those provided under Lebanese social security.
Fifth
- 1)Journalists as defined in Articles 10 and 11 of the Press Law dated 14 September 1962 shall be subject to all branches of social security, and all provisions of Law No. 56/1965 relating thereto are hereby repealed.
- 2)With respect to these journalists and insofar as the End-of-Service Indemnity branch is concerned, the following provisions apply: The employer is required to draw up for each journalist in his employ a statement of the indemnity accrued in respect of the period of continuous service completed from the date of employment to the date of entry into force of this Law (3).
- 3)This statement shall be calculated pursuant to the Labour Law. The employer shall deposit the statement with the Fund within one month of the date of entry into force of this Law and shall send a copy to the journalist. If the employer fails to draw up the statement within that month, the National Social Security Fund may draw it up automatically based on available information and the journalist's declaration. The statement as drawn up by the Fund shall be served on the employer by legal means and shall become final one month after the date of service if no objection is raised pursuant to Article 53 of the Social Security Law.
- 4)The End-of-Service Indemnity recorded in the statement referred to in the preceding clause shall be due and payable from the date of entry into force of this Law, and the schedule for payment of amounts due from the employer shall be determined in accordance with the Fund's internal regulations.
Sixth
1- For purposes of this section, the term «retiree» means a person whose service ended due to reaching the statutory retirement age, and a person whose service ended due to disability.
Insured persons covered by the Sickness and Maternity Insurance branch of the National Social Security Fund whose mandatory affiliation has ended or ends due to retirement, and who benefit from benefits under that branch (medical care for sickness and maternity), shall be entitled to those benefits subject to the same conditions and obligations applicable to employed insured persons.
- 1)The provisions of clause (1) above shall cover insured persons belonging to the following categories:
- 2)Employees in the private sector referred to in sub-paragraph (a) of clause (1) of section (First) and section (Third) of Article (9) of the Social Security Law.
- 3)Lebanese nationals working for the State or any administration, public institution, or independent service referred to in sub-paragraph (d) of clause (1) of section (First) of Article (9) mentioned above.
- 4)Permanent employees working in the Arzé institution subject to Law No. 74/8 and its implementing decrees.
- 5)Any other category to be defined by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors of the National Social Security Fund.
- 6)[Category added by Decree No. 2122 dated 29/12/2017]:
- 7)- Members of the teaching staff in private schools and institutes whose mandatory affiliation to the Sickness and Maternity Insurance branch of the National Social Security Fund has ended or ends due to retirement (ages 60–64 inclusive) and who still benefit from its benefits.
- 8)The following conditions are required for eligibility:
- 9)The insured person must have reached the statutory retirement age (60–64 inclusive) and relinquished paid employment, or must have sustained a permanent and irreversible disability reducing his earning capacity by at least two-thirds. The disability must be medically certified.
- 10)The person must not be covered by another health insurance system.
- 11)The person must have an actual period of affiliation to the Sickness and Maternity Insurance branch of at least twenty years.
- 12)The beneficiary must be resident on Lebanese territory.
- 13)4-
- 14)The retiree's family members within the meaning of Article 14 of the Social Security Law who are dependent upon the retiree on the date of retirement or disability shall also benefit.
- 15)In the event of the death of the retiree, or the death of the insured person before retirement after completing at least twenty years of actual affiliation, the right to benefit shall pass exclusively to:
- 16)- The spouse, provided:
- 17)• The spouse has not remarried.
- 18)• The spouse is not personally covered by another health insurance system.
- 19)• The spouse is not engaged in paid employment.
- 20)• The spouse is not registered in the Commercial Register.
- 21)- Children who have not yet reached eighteen years of age; if the children are permanently disabled with a disability card and are unable to provide for themselves due to the disability, they shall benefit from the allowances without age limit.
- 22)The contributions required to cover the benefits shall be borne by:
- 23)The employees who are subject to this system in their original employment capacity and the State; the contribution rate is fixed at three percent (3%) of the assessable earnings, distributed equally.
- 24)Retirees; the contribution rate shall be fixed at the ordinary official rate calculated on income deducted equally against the official minimum wage.
- 25)The State's contribution referred to in Article 73 of the Social Security Law shall apply to retirees' benefits.
- 26)In the case referred to in sub-paragraph (b) of clause (4), contributions shall be payable by the surviving spouse or the second child or the guardians or curators of non-second children, according to the composition of the beneficiary group.
- 27)Contribution rates and assessable income shall be adjusted when necessary by decrees adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
- 28)This system shall have separate accounting within the Sickness and Maternity Insurance Fund; the Fund shall conduct an actuarial study every three years to maintain the financial balance of this system.
- 29)The details of application of this Law shall be determined when necessary by decisions issued by the Board of Directors and approved by the supervisory authority.
1. The employee subject to the Social Security Law is the employee within the meaning of Article 624 of the Code of Obligations and Contracts dated 9/3/1932.
2. The decrees concerning the conditions and dates for subjecting members of the teaching staff in higher education institutions have not yet been issued. Similarly, no decrees have been issued regarding the technical institutes referred to in Article 12 of Decree No. 7880 dated 25/7/1967 on the organisation of vocational and technical education.
3. This paragraph appeared in the text published in the Official Gazette incomplete; the phrase should read: «including the compatibility of the meaning».
4. Regarding the subjection of contractors working for the State, municipalities, administrations, public institutions, independent services, and those dealing with foreign agencies to the Social Security Law, see Article 22 of Law No. 81/14 dated 15/7/1981 (Budget Law 1981).
5. See Law No. 10 dated 18/12/1984 amending the effective date for subjecting Lebanese nationals working for municipalities to the Social Security Law; no decree fixing the new effective date has yet been issued.