Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 131) sur la fixation des salaires minima, 1970 - Liban (Ratification: 1977)

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.