Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Liban

Convention (n° 95) sur la protection du salaire, 1949 (Ratification: 1977)
Convention (n° 131) sur la fixation des salaires minima, 1970 (Ratification: 1977)

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).