National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
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 wageArticles 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 wagesLabour 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).
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).
Repetition Article 2 of the Convention. Scope of application. In reply to its previous comments on the need to extend protection in respect of payment of wages to those agricultural workers who are currently excluded from the scope of application of the Labour Code, the Government refers to section 5 of the new draft Labour Code, which was prepared by a tripartite committee set up in accordance with Order No. 210/1 of 21 December 2000, and indicates that the conditions of work of all categories of workers exempted from the application of the Labour Code will be regulated by decrees issued by the Council of Ministers. The Committee trusts that when preparing the Decree on agricultural workers, the Government will not fail to reflect all the requirements of the Convention and requests the Government to transmit a copy of the Decree as soon as it is issued. The Committee would also be grateful if the Government would provide additional information on the application of the Convention as regards other categories of workers in need of protection such as domestic workers, and in particular foreign domestic workers, who may be vulnerable to abusive remuneration practices. Articles 5 and 6. Payment of wages directly to the worker concerned and use of wages free from constraint. The Committee notes the Government’s explanations according to which sections 47 and 57(5) of the new draft Labour Code give full effect to the provisions of the Convention concerning the payment of wages directly to the worker concerned and the prohibition against limiting in any manner the freedom of workers to dispose of their wages. The Committee hopes that the new legislation will be finalized shortly and would appreciate receiving a copy once it is adopted. Part V of the report form. Practical application. While noting the Government’s indication that according to labour inspection reports the cases of non payment of wages are extremely rare in the country, the Committee would be grateful if the Government would continue to provide all available information on the manner in which the Convention is applied in practice, including for instance statistics on the number of workers covered by relevant legislation, detailed inspection results on wage-related offences, copies of official documents or studies on wages issues, etc.
Article 2 of the Convention. Scope of application. In reply to its previous comments on the need to extend protection in respect of payment of wages to those agricultural workers who are currently excluded from the scope of application of the Labour Code, the Government refers to section 5 of the new draft Labour Code, which was prepared by a tripartite committee set up in accordance with Order No. 210/1 of 21 December 2000, and indicates that the conditions of work of all categories of workers exempted from the application of the Labour Code will be regulated by decrees issued by the Council of Ministers. The Committee trusts that when preparing the Decree on agricultural workers, the Government will not fail to reflect all the requirements of the Convention and requests the Government to transmit a copy of the Decree as soon as it is issued. The Committee would also be grateful if the Government would provide additional information on the application of the Convention as regards other categories of workers in need of protection such as domestic workers, and in particular foreign domestic workers, who may be vulnerable to abusive remuneration practices.
Articles 5 and 6. Payment of wages directly to the worker concerned and use of wages free from constraint. The Committee notes the Government’s explanations according to which sections 47 and 57(5) of the new draft Labour Code give full effect to the provisions of the Convention concerning the payment of wages directly to the worker concerned and the prohibition against limiting in any manner the freedom of workers to dispose of their wages. The Committee hopes that the new legislation will be finalized shortly and would appreciate receiving a copy once it is adopted.
Part V of the report form. While noting the Government’s indication that according to labour inspection reports the cases of non payment of wages are extremely rare in the country, the Committee would be grateful if the Government would continue to provide all available information on the manner in which the Convention is applied in practice, including for instance statistics on the number of workers covered by relevant legislation, detailed inspection results on wage-related offences, copies of official documents or studies on wages issues, etc.
The Committee notes the Government’s report and the information supplied in reply to the previous direct request. It also notes with interest the adoption of Decree No. 3273 of 26 June 2000 relating to labour inspection.
Article 2 of the Convention. Further to its earlier comments, the Committee notes that the Government refers again to the distinction between agricultural undertakings of a commercial or industrial character which fall within the scope of application of the Labour Code and those less developed which are excluded from its coverage. It further notes the Government’s indication that the contracts of employment of agricultural workers employed in undertakings of a non-industrial or non-commercial character are regulated by sections 624 to 656 of the Code des obligations which nevertheless does not contain any provisions on the protection of wages of those workers. The Committee can only hope that, in the ongoing process of drafting the new law on agricultural workers, the Government will take whatever steps may be necessary to ensure that all agricultural workers without exception benefit from wage protection in accordance with the terms of the Convention.
Article 5. The Committee notes the Government’s indication that, under draft section 47 of the Bill to amend certain provisions of the Labour Code currently under consideration, wages must be paid directly to the worker concerned unless the latter chooses otherwise. The Committee would be grateful if the Government could transmit the text of the new legislation as soon as it is adopted.
Article 6. The Committee notes that under draft section 47, paragraph 4, of the abovementioned Bill, the employer is prohibited from restricting in any manner the freedom of the worker to dispose of his/her monthly wage, and that substituting the wage due, in whole or in part, with goods or foodstuffs which are forced upon the worker, or constraining the worker to buy such goods or foodstuffs in specific places or from the employer, are equally prohibited. The Committee requests the Government to keep it informed of any progress made concerning the above draft and to supply a copy when it is adopted.
Part V of the report form. The Committee finally requests the Government to supply information on the application of the Convention in practice, including, for example, extracts of official reports or statistical information on inspection visits, the number and nature of violations reported and sanctions imposed.
With reference to its previous comments, the Committee notes the information provided in the Government's report. It notes with particular interest that Order No. 65/1 of the Ministry of Labour, dated 17 February 1995, concerning the procedure for applying provisions of certain Conventions, including Articles 14(b) and 15(d) of the Convention, requires the employer to inform the workers of conditions and particulars of wages, and to keep a record for the purpose in accordance with these provisions.
Article 2(2) and (3). The Committee notes the Government's indication that there has been no development regarding the draft Act noted in its previous comments concerning the extension of wage protection to agricultural workers, who are excluded at present from the coverage of the Labour Code. Noting the Government's statement that the updated draft Labour Code applies to agricultural establishments which have an industrial or commercial character, the Committee would point out that agricultural workers in establishment of other character also fall within the scope of the Convention as long as wages are paid or payable to them. It again asks the Government to indicate measures taken for the protection of wages of all agricultural workers.
Article 5. Please indicate the measures taken to ensure that wages are normally paid directly to the worker concerned.
Articles 6, 8 and 9. The Committee notes with interest the provisions of the Code of Civil Procedure supplied with the report, which prohibit the withholding of the wages and pensions except in accordance with the prescribed proportions of the amount. It asks the Government to indicate whether any other measures have been taken to ensure that employers should not limit in any manner the freedom of the worker to dispose of his or her wages (Article 6).
Article 7. The Committee notes the Government's statement that there are no stores covered by this Article in Lebanon. It asks the Government to include, in its future reports, information on any change in the situation and on the measures taken consequently.
The Committee notes the information provided in the Government's report in reply to its previous request, in particular concerning Articles 4 and 14(a) of the Convention.
Article 2, paragraphs 2 and 3. The Committee notes the Government's indication that the Ministry of Labour prepared a draft Act concerning agricultural workers who are excluded at present from the coverage of the Labour Code, with a view to modifying section 7 of the Code, thus ensuring protection of wages of agricultural workers. It requests the Government to supply information on the development in this regard and also a copy of the draft Act.
Articles 5, 14(b) and 15(d). Noting the Government's indication that, in practice, workers sign on the pay slip when they receive their wage, the Committee asks the Government to state whether any legislative provisions ensure the issue of pay slips, whether they contain the particulars of wages as well as the total amount, and whether their copies are to be kept for the purpose of record.
Articles 6, 8 and 9. The Committee notes that the Government refers to the "legal deductions" from wages, namely for the payment of premium to the National Social Security Fund and of income tax. It also recalls that sections 69 and 70 of the Labour Code provide for deductions in cases of serious fault or damage caused by the worker. The Committee requests the Government to indicate how deductions from wages are regulated when they are made for other purposes, for example, for the repayment of debts owed to the employer.
Article 7. The Committee notes that the Government refers, in relation to this Article, to the fact of payment made only in cash. It recalls that the main idea of this Article is to regulate the use and operation of works stores or services established in connection with an undertaking so as to guarantee the workers' freedom from coercion to spend their wages there. The Committee requests the Government to state whether works stores exist in practice.
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 2, paragraphs 2 and 3, of the Convention. Please indicate measures taken concerning the protection of wages of agricultural workers, who appear to be excluded from the coverage of the Labour Code, by virtue of its section 7(2).
Article 4. Please indicate measures taken to regulate payment in kind, in conformity with this Article (partial payment only allowed, mode of authorisation, safeguards as to nature and value of payment).
Article 6. Please indicate the measures taken to ensure the freedom of the worker to dispose of his wages.
Article 7. Please indicate the measures taken to regulate the use and operation of works stores and services, in accordance with this Article.
Articles 8 and 9. Please indicate the measures taken in accordance with these Articles of the Convention to regulate deductions from wages (other than in cases of serious fault or damage caused by the worker, dealt with in sections 69 to 70 of the Code).
Articles 14 and 15(d). Please indicate the measures taken to ensure that workers are informed about the conditions and particulars of their wages, and the keeping of appropriate records.
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:
The Committee notes 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: