Minimum Wage Fixing Convention, 1970 (No. 131) - Lebanon (Ratification: 1977)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wages) and Convention No. 95 (protection of wages) together. The Committee takes note of the observations of the General Confederation of Lebanese Workers (CGTL) transmitted with the Government’s report.

Minimum wage

Articles 3 and 4 of Convention No. 131. Minimum wage-fixing machinery. Method of operation and consultations with the social partners. Further to its previous comments, the Committee notes the information provided by the Government in its report, including on the criteria taken into consideration in the determination of the minimum wage, such as the cost of living rate and the rate of inflation. The Government adds that the minimum wage is adopted based on consultations, via the Committee on the cost-of-living index and the Committee on Sustainable Dialogue, between employers’ organizations, workers’ organizations and the Government. The Committee also notes that, according to the CGTL, there is a need for a periodic review of the minimum wage in line with the increase in the cost of living. The CGTL also calls for regular convening of social dialogue sessions at fixed times and an end to making use of arbitrary figures by adopting transparency in monitoring prices and the cost of living. The Committee recalls that Article 4(1) of the Convention requires Members to create and/or maintain machinery whereby wages can also be adjusted from time to time and that under Paragraph 12 of the Minimum Wage Fixing Recommendation, 1970 (No. 135), a review might be carried out of minimum wage rates in relation to the cost of living and other economic conditions either at regular intervals or whenever such a review is considered appropriate in the light of variations in a cost-of-living index. The Committee requests the Government to provide information on the operation of the minimum wage fixing machinery in practice, in particular on the functioning and work of the Committee on the cost-of-living index and the Committee on Sustainable Dialogue in this regard.

Protection of wages

Labour law reform. In previous comments, the Committee has been drawing the Government’s attention to issues of conformity concerning the application of various provisions of the Convention. It had noted that a number of legislative reforms were under discussion. It notes that the Government indicates in its report that the Committee’s requests were before the legislative scrutiny committees for their opinion. In the absence of information that progress has been made, the Committee is bound to reiterate its request to the Government to take all necessary measures to give effect to the points raised below. It requests the Government to provide information in this regard.

Article 2 of Convention No. 95. Scope of application. The Committee recalls that under section 7 of the Labour Code, various categories of workers are excluded from its scope of application, including public servants, domestic workers, certain agricultural workers and family businesses. The Committee recalls that, according to its Article 2(1), the Convention applies to all persons to whom wages are paid or payable. The Committee requests the Government to consider extending the protection of the Labour Code to the above workers. Where exclusions would remain, it requests the Government to take the necessary measures to ensure that the workers concerned benefit from the protection afforded by the Convention.

Article 4. Partial payment of wages in kind. The Committee recalls that section 47 of the Labour Code refers to the payment of wages in kind without however prescribing any conditions for such payments. The Committee also recalls that, under Article 4(1) of the Convention, partial payment of wages in the form of allowances in kind may only be permissible in industries or occupations in which payment in the form of such allowances is customary or desirable because of the nature of the industry or occupation concerned. It further recalls that Article 4(2) provides that, in such case, measures shall be taken to ensure that: (a) such allowances are appropriate for the personal use and benefit of the worker and his family; and (b) the value attributed to such allowances is fair and reasonable. The Committeerequests the Government to take the necessary measures to give full effect to that provision and to provide information in this regard.

Article 6. Freedom of workers to dispose of their wages. The Committee recalls that the prohibition for employers to limit in any manner the freedom of workers to dispose of their wages is not contained in the Labour Code. The Committee requests the Government to consider inserting such provision in any revision of the Labour Code.

Article 12(2). Final settlement upon termination. The Committee recalls that the Labour Code does not contain a provision on this matter. Recalling that Article 12(2) provides that upon the termination of a contract of employment, a final settlement of all wages due shall be effected in accordance with national laws or regulations, collective agreement or arbitration award or, in the absence of any applicable law, regulation, agreement or award, within a reasonable period of time having regard to the terms of the contract, the Committee requests the Government to take the necessary measures to give full effect to that provision and to provide information in this regard.

Article 15. Effective application and enforcement. The Committee notes that the CGTL refers to issues with the effective application of the provisions related to the protection of wages. It refers in particular to issues related to deductions and the payment of social security contributions. The Committee requests the Government to provide its comments in this regard. It asks the Government to refer to its comments under the Labour Inspection Convention, 1947 (No. 81).

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wages) and Convention No. 95 (protection of wages) together. The Committee takes note of the observations of the General Confederation of Lebanese Workers (CGTL) transmitted with the Government’s report.

Minimum wage

Articles 3 and 4 of Convention No. 131. Minimum wage-fixing machinery. Method of operation and consultations with the social partners. Further to its previous comments, the Committee notes the information provided by the Government in its report, including on the criteria taken into consideration in the determination of the minimum wage, such as the cost of living rate and the rate of inflation. The Government adds that the minimum wage is adopted based on consultations, via the Committee on the cost-of-living index and the Committee on Sustainable Dialogue, between employers’ organizations, workers’ organizations and the Government. The Committee also notes that, according to the CGTL, there is a need for a periodic review of the minimum wage in line with the increase in the cost of living. The CGTL also calls for regular convening of social dialogue sessions at fixed times and an end to making use of arbitrary figures by adopting transparency in monitoring prices and the cost of living. The Committee recalls that Article 4(1) of the Convention requires Members to create and/or maintain machinery whereby wages can also be adjusted from time to time and that under Paragraph 12 of the Minimum Wage Fixing Recommendation, 1970 (No. 135), a review might be carried out of minimum wage rates in relation to the cost of living and other economic conditions either at regular intervals or whenever such a review is considered appropriate in the light of variations in a cost-of-living index. The Committee requests the Government to provide information on the operation of the minimum wage fixing machinery in practice, in particular on the functioning and work of the Committee on the cost-of-living index and the Committee on Sustainable Dialogue in this regard.

Protection of wages

Labour law reform. In previous comments, the Committee has been drawing the Government’s attention to issues of conformity concerning the application of various provisions of the Convention. It had noted that a number of legislative reforms were under discussion. It notes that the Government indicates in its report that the Committee’s requests were before the legislative scrutiny committees for their opinion. In the absence of information that progress has been made, the Committee is bound to reiterate its request to the Government to take all necessary measures to give effect to the points raised below. It requests the Government to provide information in this regard.

Article 2 of Convention No. 95. Scope of application. The Committee recalls that under section 7 of the Labour Code, various categories of workers are excluded from its scope of application, including public servants, domestic workers, certain agricultural workers and family businesses. The Committee recalls that, according to its Article 2(1), the Convention applies to all persons to whom wages are paid or payable. The Committee requests the Government to consider extending the protection of the Labour Code to the above workers. Where exclusions would remain, it requests the Government to take the necessary measures to ensure that the workers concerned benefit from the protection afforded by the Convention.

Article 4. Partial payment of wages in kind. The Committee recalls that section 47 of the Labour Code refers to the payment of wages in kind without however prescribing any conditions for such payments. The Committee also recalls that, under Article 4(1) of the Convention, partial payment of wages in the form of allowances in kind may only be permissible in industries or occupations in which payment in the form of such allowances is customary or desirable because of the nature of the industry or occupation concerned. It further recalls that Article 4(2) provides that, in such case, measures shall be taken to ensure that: (a) such allowances are appropriate for the personal use and benefit of the worker and his family; and (b) the value attributed to such allowances is fair and reasonable. The Committee requests the Government to take the necessary measures to give full effect to that provision and to provide information in this regard.

Article 6. Freedom of workers to dispose of their wages. The Committee recalls that the prohibition for employers to limit in any manner the freedom of workers to dispose of their wages is not contained in the Labour Code. The Committee requests the Government to consider inserting such provision in any revision of the Labour Code.

Article 12(2). Final settlement upon termination. The Committee recalls that the Labour Code does not contain a provision on this matter. Recalling that Article 12(2) provides that upon the termination of a contract of employment, a final settlement of all wages due shall be effected in accordance with national laws or regulations, collective agreement or arbitration award or, in the absence of any applicable law, regulation, agreement or award, within a reasonable period of time having regard to the terms of the contract, the Committee requests the Government to take the necessary measures to give full effect to that provision and to provide information in this regard.

Article 15. Effective application and enforcement. The Committee notes that the CGTL refers to issues with the effective application of the provisions related to the protection of wages. It refers in particular to issues related to deductions and the payment of social security contributions. The Committee requests the Government to provide its comments in this regard. It asks the Government to refer to its comments under the Labour Inspection Convention, 1947 (No. 81).

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wages) and Convention No. 95 (protection of wages) together. The Committee takes note of the observations of the General Confederation of Lebanese Workers (CGTL) transmitted with the Government’s report.

Minimum wage

Articles 3 and 4 of Convention No. 131. Minimum wage-fixing machinery. Method of operation and consultations with the social partners. Further to its previous comments, the Committee notes the information provided by the Government in its report, including on the criteria taken into consideration in the determination of the minimum wage, such as the cost of living rate and the rate of inflation. The Government adds that the minimum wage is adopted based on consultations, via the Committee on the cost-of-living index and the Committee on Sustainable Dialogue, between employers’ organizations, workers’ organizations and the Government. The Committee also notes that, according to the CGTL, there is a need for a periodic review of the minimum wage in line with the increase in the cost of living. The CGTL also calls for regular convening of social dialogue sessions at fixed times and an end to making use of arbitrary figures by adopting transparency in monitoring prices and the cost of living. The Committee recalls that Article 4(1) of the Convention requires Members to create and/or maintain machinery whereby wages can also be adjusted from time to time and that under Paragraph 12 of the Minimum Wage Fixing Recommendation, 1970 (No. 135), a review might be carried out of minimum wage rates in relation to the cost of living and other economic conditions either at regular intervals or whenever such a review is considered appropriate in the light of variations in a cost-of-living index. The Committee requests the Government to provide information on the operation of the minimum wage fixing machinery in practice, in particular on the functioning and work of the Committee on the cost-of-living index and the Committee on Sustainable Dialogue in this regard.

Protection of wages

Labour law reform. In previous comments, the Committee has been drawing the Government’s attention to issues of conformity concerning the application of various provisions of the Convention. It had noted that a number of legislative reforms were under discussion. It notes that the Government indicates in its report that the Committee’s requests were before the legislative scrutiny committees for their opinion. In the absence of information that progress has been made, the Committee is bound to reiterate its request to the Government to take all necessary measures to give effect to the points raised below. It requests the Government to provide information in this regard.

Article 2 of Convention No. 95. Scope of application. The Committee recalls that under section 7 of the Labour Code, various categories of workers are excluded from its scope of application, including public servants, domestic workers, certain agricultural workers and family businesses. The Committee recalls that, according to its Article 2(1), the Convention applies to all persons to whom wages are paid or payable. The Committee requests the Government to consider extending the protection of the Labour Code to the above workers. Where exclusions would remain, it requests the Government to take the necessary measures to ensure that the workers concerned benefit from the protection afforded by the Convention.

Article 4. Partial payment of wages in kind. The Committee recalls that section 47 of the Labour Code refers to the payment of wages in kind without however prescribing any conditions for such payments. The Committee also recalls that, under Article 4(1) of the Convention, partial payment of wages in the form of allowances in kind may only be permissible in industries or occupations in which payment in the form of such allowances is customary or desirable because of the nature of the industry or occupation concerned. It further recalls that Article 4(2) provides that, in such case, measures shall be taken to ensure that: (a) such allowances are appropriate for the personal use and benefit of the worker and his family; and (b) the value attributed to such allowances is fair and reasonable. The Committee requests the Government to take the necessary measures to give full effect to that provision and to provide information in this regard.

Article 6. Freedom of workers to dispose of their wages. The Committee recalls that the prohibition for employers to limit in any manner the freedom of workers to dispose of their wages is not contained in the Labour Code. The Committee requests the Government to consider inserting such provision in any revision of the Labour Code.

Article 12(2). Final settlement upon termination. The Committee recalls that the Labour Code does not contain a provision on this matter. Recalling that Article 12(2) provides that upon the termination of a contract of employment, a final settlement of all wages due shall be effected in accordance with national laws or regulations, collective agreement or arbitration award or, in the absence of any applicable law, regulation, agreement or award, within a reasonable period of time having regard to the terms of the contract, the Committee requests the Government to take the necessary measures to give full effect to that provision and to provide information in this regard.

Article 15. Effective application and enforcement. The Committee notes that the CGTL refers to issues with the effective application of the provisions related to the protection of wages. It refers in particular to issues related to deductions and the payment of social security contributions. The Committee requests the Government to provide its comments in this regard. It asks the Government to refer to its comments under the Labour Inspection Convention, 1947 (No. 81).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1 and 2 of the Convention. Scope of application – Binding force of the minimum wage. Further to its previous comments regarding the exclusion of domestic and agricultural workers from the scope of application of the draft Labour Code, the Committee notes the Government’s indication that the draft law on agricultural workers and the draft law on decent work for domestic workers have both been submitted to the Council of Ministers for adoption. The Committee recalls that in its report communicated in 2007, the Government had indicated that under the draft Labour Code, the minimum wage would be applicable to all male and female workers who had reached 18 years of age, as contrasted to 20 years of age provided for in the legislation currently in force. The Committee therefore requests the Government to keep the Office informed of any further developments regarding the adoption of the new Labour Code and the two laws on agricultural workers and domestic workers, especially as regards the minimum wage coverage of the workers concerned.

Articles 3 and 4. Review and adjustment of minimum wages. The Committee notes that a draft decree on the re-establishment of the tripartite committee on the high cost of living and wages policy has been referred to the Council of Ministers. The Committee understands that the committee on the high cost of living and wages policy will replace the committee on the consumer price index set up by Decree No. 4206 of 8 August 1981, although the functions and composition will remain practically unchanged. In addition, the Committee understands that with respect to the controversy about the inclusion of transportation allowance in the minimum wage, Act No. 217 of 30 March 2012 and Decree No. 8819 of 4 September 2012, have finally separated the payment of that allowance from the minimum wage fixing process. The Committee requests the Government to provide detailed information on the functioning of the minimum wage fixing machinery in practice, in particular on the institutional framework for conducting full and effective consultations with the social partners for the establishment and periodic review of the minimum wage levels.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1, 3 and 4 of the Convention. Minimum wage fixing machinery. The Committee refers to its previous comment, in which it noted that the new draft Labour Code, although slightly extending its scope of application compared to the Labour Code currently in force, still excludes domestic workers living in the employer’s residence, casual or seasonal workers in agricultural enterprises not connected to trade or industry, family undertakings employing solely family members, and State employees and employees of municipalities covered by special provisions. It requests the Government to indicate whether it intends to extend the scope of application of the draft Labour Code to the currently excluded categories of workers and to keep the Office informed of any progress in the process of its adoption. In addition, the Committee notes the draft Act of 2011 on decent work for domestic workers, in particular its provision that wages agreed between the parties must be fair, taking into account the nature of the tasks undertaken, and cannot be lower than the minimum wage set by the Minister of Labour. It requests the Government to keep the Office informed on any progress made with respect to the adoption of the draft Act of 2011 and any measures taken to fix a minimum wage applicable to domestic workers. With respect to other categories of workers excluded from the scope of application of the Labour Code, the Committee requests the Government to indicate the measures it intends to take to ensure that those workers also enjoy the protection of a minimum wage.

The Committee understands that pursuant to Decree No. 7426 of 26 January 2012, the Government raised the national minimum wage to 675,000 Lebanese pounds (LBP) (approximately US$448), following an agreement on the above amount concluded in December 2011 between Lebanese economic organizations and the General Confederation of Workers. It also understands that there has been considerable controversy about the inclusion of transportation allowances in the minimum wage, and that a decree providing for the separate payment of those allowances, as per previous practice, was finally issued in March 2012. The Committee requests the Government to provide detailed information on the process for fixing the minimum wage, and, in particular, on the role of the tripartite Committee on the consumer price index, the measures taken to ensure full consultations with the social partners – and, to the extent possible, their direct participation on an equal footing – especially when readjusting the amount of the minimum wage, and the manner in which it is ensured that minimum wage rates allow workers to satisfy their basic needs and those of their families, and reflect economic factors, including the requirements of economic development, productivity and the need of attaining and maintaining a high level of employment. The Committee also requests the Government to provide clarifications on the method of fixing transportation allowances and the relationship between these allowances and the national minimum wage.

Article 5 and Part V of the report form. Practical application. The Committee requests the Government to provide information on the practical application of the Convention, and in particular to indicate the approximate number of workers remunerated at the minimum wage rate and to supply statistical data showing the evolution of the minimum wage in connection to the average or median wage, extracts from reports of the labour inspection services showing the number of infringements of the minimum wage legislation observed and remedial action taken, as well as copies of official reports on minimum wage policy.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the explanations provided by the Government in reply to its previous comments. It notes, in particular, that the Government is in the process of finalizing the text of the new draft Labour Code incorporating also the technical comments prepared by the International Labour Office. The Committee hopes that the revision of the Labour Code will be completed shortly and asks the Government to forward a copy of the new legislation as soon as it is adopted.

Articles 1 and 2 of the Convention. Coverage and binding force of the minimum wage. The Committee notes with interest the Government’s indication that, under the new draft Labour Code prepared by the tripartite committee set up by virtue of Order No. 210/1 of 21 December 2000, the minimum wage will be applicable to all male and female workers who have reached 18 years of age, as contrasted to 20 years of age provided for in the legislation currently in force. The Committee notes, however, that no progress has been made as regards the broadening of the scope of the minimum wage legislation in order to cover domestic and agricultural workers on which the Committee has been commenting for a number of years. The Committee understands that foreign domestic workers in particular are often victims of abusive labour practices, including the non-payment of wages or payment of unfairly low wages, and would therefore appear to be most in need of protection in respect of permissible pay rates. Recalling that in its previous report the Government had indicated that the new draft Labour Code provided for special regulations to be issued in respect of domestic and agricultural workers, the Committee requests the Government to communicate detailed information on any developments in this regard.

Articles 3 and 4. Review and adjustment of minimum wages. The Committee notes the information provided by the Government that the Council of Ministers determine the minimum wage upon receiving a report prepared by a tripartite committee on the cost of living index. The Government adds that the role of that tripartite committee on the cost of living index is restricted to the collection of data and statistics on the evolution of the cost of living and price fluctuations. In fact, under section 2 of Order No. 426 of 8 August 1981 establishing the tripartite committee on the cost of living index, this consultative body is only responsible for studying the evolution of prices, monitoring the rise in the cost of living and making proposals and recommendations to limit price rises and the high cost of living. The Committee observes, in this respect, that the Convention requires full consultations with and direct participation of the social partners at all stages of the minimum wage fixing process, which necessarily implies that representative organizations of employers and workers concerned should be given a genuine opportunity to express their views on minimum wage levels and possible pay increases. It accordingly asks the Government to specify how it is ensured in law and practice that the participation of employers’ and workers’ organizations in the operation of the minimum wage fixing machinery is not limited to data collection and that these organizations are duly consulted on the actual readjustment of minimum pay levels.

In addition, the Committee notes that the Government approved in September 2008 the increase of the monthly minimum wage from 300,000 Lebanese pounds (LBP) to LBP500,000 (approximately US$333). In this connection, it understands that the General Labour Confederation (GLC) recently campaigned for the minimum wage to be raised to LBP960,000 (approximately US$645) considering that from 2006 to 2007 the cost of living has increased by 15 per cent, and also that 40 per cent of the population experience difficulties as they are confronted with stagnating income and prices of most commodities that have tripled in the same period. The Committee requests the Government to provide a copy of the legal text establishing the new monthly minimum wage. It would also appreciate receiving additional information concerning the factors which were taken into consideration in readjusting the minimum wage and the form and content of any consultations that may have been held with the social partners to this end.

Article 5 and Part V of the report form. The Committee would appreciate if the Government would continue to supply up to date information on the practical application of the Convention, including, for instance, the approximate number of workers remunerated at the minimum wage rate, comparative statistics on the evolution of minimum wage and the consumer price index in recent years, extracts from reports of the labour inspection services showing the number of infringements of the minimum wage legislation observed and sanctions imposed, copies of official documents or studies on minimum wage policy, etc.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s detailed report in reply to previous comments.

Article 1, paragraphs 2 and 3, of the Convention. The Committee has been raising for a number of years the question of extending minimum wage protection to domestic workers and workers in the agricultural sector who are currently excluded from the scope of application of the Labour Code and consequently also not covered by the decrees fixing minimum wages. According to the Government’s explanations, the draft legislation amending the Labour Code, which was prepared by a tripartite committee set up by virtue of Ministerial Order No. 210/1 of 21 December 2000, provides for special regulations to be issued in respect of these two categories of workers. The Committee requests the Government to keep it informed of further developments in this respect and to forward a copy of any new legal instrument as soon as it is adopted. In this connection, the Committee refers to paragraphs 79 and 86 of its General Survey of 1992 on minimum wages in which it took the view that since minimum wages constitute one of the more important elements which contribute to an improvement of the working and living conditions of workers, ratifying States should take the necessary measures to broaden the coverage of their minimum wage fixing systems and thereby offer workers more adequate protection. The Committee also recalls its general observation of 1985 concerning Convention No. 26 in which it had expressed the hope that governments would make every effort to extend the protection afforded by a system of minimum wages to workers in the home working trades in view of the particular vulnerability of those workers.

Article 2, paragraph 1. The Committee notes that the minimum wage was last revised by Decree No. 8733 of 8 July 1996 and is now fixed at 300,000 Lebanon pounds (or approximately US$200). It also notes that the minimum wage rate currently applies to all workers, covered by the Labour Code of 1946, who have reached 20 years of age whereas a draft amendment of Act No. 36/67 of 16 May 1967 relating to the fixing of minimum wages of employees and workers is now under consideration to make the minimum wage applicable to all workers above 18 years of age. In this respect, the Committee wishes to refer to paragraph 171 of its General Survey of 1992 on minimum wages in which it expressed the view that when provision is made for different minimum wage rates on the basis of criteria such as age, the principle of equal pay for equal value should be borne in mind and also that the quantity and quality of work carried out should be the decisive factor in determining the wage paid. The Committee asks the Government to keep providing information on further developments on this point.

Article 5 and Part V of the report form. While noting the Government’s statement that legal proceedings for non-observance of the legislation in respect of minimum wages are uncommon and that difficulties are rarely encountered in applying the provisions respecting minimum wages, the Committee requests the Government to continue to supply all available information regarding the effect given to the Convention in practice, including for instance statistics on the number and different categories of workers covered by relevant legislation, the minimum wage rates in force, extracts from annual reports or other published records of the Commission on the index of cost of living as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report in reply to previous comments.

Article 1, paragraphs 2 and 3, of the Convention. The Committee notes the Government's indication that the Code of Obligations and Contracts applies to domestic servants and workers in the agricultural sector and does not provide for the fixing of a minimum wage for those two categories of workers. The Committee notes with interest the Government's statement that the draft Act on Agricultural Workers, which is still under examination, provides in one of its sections that the provisions of the Decree on the minimum wage and the increase in the cost of living which are applicable to wage-earners subject to the Labour Code should be applied to the agricultural workers defined by this draft Act.

The Committee requests the Government to keep providing information on developments on this issue, and to communicate a copy of the Act on Agricultural Workers as soon as it is adopted. It also asks the Government to indicate the measures taken or contemplated to broaden the coverage of minimum wage regulations to domestic workers.

Article 2, paragraph 1, in conjunction with Article 5 and point V of the report form. The Committee notes the information provided by the Government concerning the application of the Convention in practice. It requests the Government to continue to communicate such types of information, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions revealed, the penalties imposed, etc.).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's reports. It notes the Government's indication that the latest Decree fixing the official minimum wages was promulgated on 15 September 1992, and requests the Government to supply a copy of this Decree.

Article 1, paragraphs 2 and 3, of the Convention. In its previous comments the Committee raised the question of the minimum wages for the workers such as domestic workers and workers in the agricultural sector, who are not covered by the Labour Code and who are consequently excluded from the scope of the Decrees fixing minimum wages. The Committee requests the Government to provide information on the provisions of the Code of Obligations and Contracts, which are applicable to domestic workers and to agricultural enterprises according to the Government, and to indicate whether it includes provisions concerning the minimum wages. The Committee also recalls that the Government indicated in its 1991 report under article 19 of the Constitution on minimum wage Conventions that a commission had been established to examine the possibility of applying the Labour Code to the agricultural sector. It requests the Government to indicate any development in this regard.

Article 2, paragraph 2. Noting the Government's indication that collective agreements exist in all the banks and the oil companies, as well as in some weaving companies, the Committee asks the Government to indicate the number of workers in such sectors.

Article 4, paragraphs 2 and 3. The Committee notes the Government's indication that the Commission on the Index of Cost of Living established under Decree No. 4206 of 8 August 1991, examines the wage questions and submits the result to the Cabinet of Ministers which promulgates the Decree fixing the minimum wages as well as the rates of cost of living. It also notes that Decree No. 4206 provides for the tripartite composition of the above Commission. However, it is not clear from the Decree whether the Commission has the mandate to make a specific proposal concerning the fixing of minimum wages. The Committee therefore asks the Government to indicate whether the Decree of 15 September 1992 fixing the minimum wages was based on the proposal or recommendation of the Commission.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1, paragraphs 2 and 3, of the Convention. The Committee noted that Decree No. 3005 of 1980 fixing minimum wages applies to all workers under the coverage of the Labour Code. Please indicate the situation as regards minimum wages for workers excluded from coverage by sections 7 and 8 of the Labour Code, in particular, domestic workers and workers in the agricultural sector.

Article 2, paragraph 2. Please indicate the number and categories of workers, if any, whose wages are fixed by collective agreements.

Article 4, paragraphs 2 and 3. The Committee noted that section 45 of the Labour Code provides for minimum wage fixing by tripartite wage boards. Please indicate the measures taken to ensure consultation with and, where appropriate, participation of representative organizations of employers and workers, when minimum wages are fixed by decrees. In this connection, please specify the relation between the minimum wages and the index of high cost of living examined by the Commission established under Decree No. 4206 of 8 August 1981, to which the Government referred in its report submitted under article 19 of the Constitution.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It however notes the information supplied by the Government in accordance with article 19 of the Constitution of the ILO. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request on the following points:

Article 1, paragraphs 2 and 3, of the Convention. The Committee notes that Decree No. 3005 of 1980 fixing minimum wages applies to all workers under the coverage of the Labour Code. Please indicate the situation as regards minimum wages for workers excluded from coverage by sections 7 and 8 of the Labour Code, in particular, domestic workers and workers in the agricultural sector.

Article 2, paragraph 2. Please indicate the number and categories of workers, if any, whose wages are fixed by collective agreements.

Article 4, paragraphs 2 and 3. The Committee notes that section 45 of the Labour Code provides for minimum wage-fixing by tripartite wage boards. Please indicate the measures taken to ensure consultation with and, where appropriate, participation of representative organisations of employers and workers, when minimum wages are fixed by decrees. In this connection, please specify the relation between the minimum wages and the index of high cost of living examined by the Commission established under Decree No. 4206 of 8 August 1981, to which the Government refers in its report submitted under article 19 of the Constitution.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request which read as follows:

Article 1, paragraphs 2 and 3, of the Convention. The Committee notes that Decree No. 3005 of 1980 fixing minimum wages applies to all workers under the coverage of the Labour Code. Please indicate the situation as regards minimum wages for workers excluded from coverage by sections 7 and 8 of the Labour Code, in particular, domestic workers and workers in the agricultural sector.

Article 2, paragraph 2. Please indicate the number and categories of workers, if any, whose wages are fixed by collective agreements.

Article 4, paragraphs 2 and 3. The Committee notes that section 45 of the Labour Code provides for minimum wage-fixing by tripartite wage boards. Please indicate the measures taken to ensure consultation with and, where appropriate, participation of representatives of employers' and workers' organisations, when minimum wages are fixed by legislative enactments and decrees.