Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1(a) of the Convention. Payment of employment benefits (family allowances). The Committee notes the explanations from the National Fund for Social Security on the payments of family benefits but notes that, in practice, payment of family benefits continues to be paid primarily to fathers even when the mother and father meet the same conditions. The Committee asks the Government to continue to examine the existing law and practice so as to ensure that women enjoy family allowances on an equal footing with men, and to provide information on any new developments in this regard.

Dismissal compensation upon marriage. The Committee notes the Government’s statement that the comments of the Committee will be taken into account when draft section 72(a) amending the Labour Law is being reviewed. It also notes that a similar provision on dismissal compensation for women upon marriage is included in section 50 of the Law on Social Security. The Committee recalls that many of the difficulties encountered in implementing the principle of equality between men and women, including equal remuneration, are intimately linked to the status of men and women in employment and society in general. The Committee therefore hopes that in its examination of draft section 72(a) of the Labour Law the Government will take due account of the need to address historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations and preferences, including those relating to family and household responsibilities. The Committee asks the Government to amend or repeal draft section 72(a) of the Labour Law and section 50 of the Law on Social Security.

Article 2. Application of the principle to domestic workers. The Committee recalls that draft section 4 amending the Labour Law excludes domestic workers, the large majority of whom are female migrant workers. The Committee notes the adoption, in 2009, of a contract of employment for migrant domestic workers with a view to enhancing their protection. The contract provides for payment by the employer of a monthly salary, to be agreed upon by both parties, the provision of food, clothing and accommodation, as well as medical care (paragraph (9)). The Committee further notes the Government’s view that ordinary workers, covered by the Labour Law, cannot be compared to domestic workers since their working conditions are not the same. The Committee also notes that, unlike ordinary workers, domestic workers are still not covered by any minimum wage legislation (see direct request of 2008 on the Minimum Wage Fixing Convention, 1970 (No. 131)). The Committee recalls that the protection under the Convention goes beyond equal remuneration for work in equal conditions and includes the comparison of remuneration received by men and women in jobs that are of an entirely different nature but nevertheless of equal value. The Committee also recalls that the application of the Convention’s principle allows for broad comparisons between jobs performed by men and women in different places or enterprises, or between different employers. When occupational categories where the majority of workers are women, such as domestic work, are being compared with occupational categories where the majority of workers are men, an appropriate set of objective criteria should be used which does not only include working conditions, but also skills, responsibility and effort. Often skills considered to be “female”, such as manual dexterity and those required in caring professions, including domestic work, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see general observation of 2006). The Committee asks the Government to provide information as follows:

(i)    the criteria and methods currently used to determine the remuneration (basic salary or wage and additional allowances) for domestic workers, as compared to other workers;

(ii)   any steps taken to establish a minimum wage for domestic workers; and

(iii) the legal or practical measures taken to ensure that the principle of equal remuneration for work of equal value also applies to domestic workers and to ensure that in the determination of their remuneration (basic wage and additional allowances), domestic work is not being undervalued due to gender stereotypes relating to the work performed.

Application of the principle in the public service. The Committee notes the explanations given by the Civil Service Council which unfortunately indicate that no real progress has been made in improving the representation of women in better paid and high-level positions in the public service. It further notes that the public service is being restructured and that more information will be provided in the Government’s next report. Given the figures on the persisting low representation of women in higher paid positions in the public service, the Committee asks the Government to take immediate and effective measures to promote their access to better paid posts, and to ensure that no stereotypical considerations are being given to their suitability for certain posts. Please also continue to provide statistical data for the public service.

Article 3. Objective job evaluation. Noting that the process of developing job descriptions in the public service is still ongoing, the Committee asks the Government to make every effort to complete the job evaluation exercise in the immediate future, and to provide information on the results achieved. The Committee takes due note of the request made by the Government in 2008 to the ILO Regional Office in Beirut for a tripartite workshop on objective job evaluation in the private sector, and asks the Government to provide information on any further steps taken in this regard.

Practical application in the private sector. The Committee notes that the Government will provide statistical data, disaggregated by sex, on the distribution of men and women in the various occupations and economic sectors, and their corresponding levels of remuneration, as soon as they become available. The Committee further notes that the Government’s report does not contain information on measures taken to eliminate any wage disparities that may exist between men and women in small and medium-sized enterprises. The Committee trusts that the Government will make every effort to provide this information in its next report. Please also continue to provide copies of collective agreements specifying wages and allowances.

Enforcement. The Committee notes that no complaints have been received and that no decisions have been rendered on wage discrimination based on sex. The Committee understands that a number of training activities for labour inspectors have been conducted with the assistance of the ILO. The Committee encourages the Government to continue its training for labour inspectors and hopes that particular attention is being paid to improving their capacity to detect and address equal pay cases. The Committee asks the Government to provide further information on these activities, as well as on any judicial decisions or complaints received relating to the principle of equal remuneration for men and women for work of equal value.