On the International Level
“That amendments to the Labor Law and the Social Security Law granting Palestinian refugees the right to work be made operational as soon as possible”; 80.32. - Norway
“Take further measures to improve the working possibilities and working conditions of the Palestinian refugees”; 84.10- Finland
Recommendations formulated by Norway and Finland, during the Universal Periodic Review interactive dialogue were approved and welcomed by the official Lebanese delegation during the last report Lebanon presented in Geneva on 17/03/2011.
Right to Work
The Lebanese Labor Law, regulating the right to work on Lebanese territory, differentiates between Lebanese citizens and non-Lebanese ones. Since the Palestinian refugees residing on Lebanese territory are non-Lebanese, they are considered foreigners, according to the Law, thus complying with the provisions of the Law regulating the work of non-Lebanese citizens:
- Decree number 17561, issued in 1964, regulates non-Lebanese labor based on a preferential principle granting the Minister of Labor the prerogative of selecting yearly the jobs and professions that should be exclusively limited to Lebanese citizens.
- The minister of Labor resolutions with regard to jobs and professions exclusively limited to Lebanese citizens; the last resolution of Minister Boutros Harb, number 10/1 issued in February 2001, stipulated to make one exception regarding the Palestinians, allowing them to practice the mentioned jobs and professions.
- The Laws regulating liberal professions (i.e. law, engineering, medicine, pharmacy…): some of these laws require being a Lebanese national while others stipulate complying with the provision of reciprocity. Subsequently, Palestinians cannot be in line with these requirements. For instance, the Lebanese Bar Association (lawyers syndicate) bylaws stipulate that any lawyer who wants to practice his profession should be a Lebanese citizen for at least ten years (Law N 8/70 dated 1970 on regulating the attorney profession). On another note, the syndicates of doctors, pharmacists and engineers (decree 1659 dated 1979) apply the reciprocity principle allowing foreigners to work in a specific profession should their home states grant Lebanese nationals the same rights.
- The resolutions issued by the Ministers of Labor establishing the required documents that foreigners – including Palestinians – should submit to obtain a work permit.
- The Law number 129 issued on 17/8/2010 amending article 59 of the Labor Law, revoking the work permit tariff and the reciprocity condition.
- The resolution 122/1 issued on September 2011 related to facilitating and streamlining the issuance of work permits to foreigners who are married to Lebanese nationals or born from a Lebanese national or have parents who acquired the Lebanese citizenship before they became 18 years old. The Palestinians can benefit from this close, should the mentioned conditions be fulfilled.
Right to Social Security
Previously, the social security provisions for Palestinian workers were regulated according to the reciprocity principle. On August 17th, 2010, the Parliament promulgated Law 128, amending Article 9 of the Social Security Code. The amendment revoked the reciprocity condition and granted registered Palestinians the right to benefit from the end of service provisions, setting up at the National Social Security Fund (NSSF) a separate and independent account for subscriptions of Palestinian workers. The NSSF and the Treasury are not accountable for any financial commitment related to this separate fund. However, Palestinians were excluded from the illness, maternity and family indemnities fund. To implement this amendment, the NSSF board commission issued an Informational Memorandum No. 437, dated 23/5/2011 related to the Lebanese Social Security Law & the Conditions Set for Palestinian Refugees to benefit from them (May 2011). |