Holidays with Pay Convention, 1936 (No. 52) - Lebanon (Ratification: 1962)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 and 30 (hours of work), 52 (holidays with pay), 89 (night work of women) and 106 (weekly rest in commerce and offices) together.

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL) on the application of these Conventions, communicated with the Government’s report.

A. Hours of work

Articles 6 and 7 of Convention No. 1 and Articles 5, 6 and 7 of Convention No. 30. Exceptions. 1. Permanent exceptions. Following its previous comments on the application of section 32 of the Labour Code, which authorizes increases in hours of work in certain cases, the Committee notes the Government’s indication that there are several decisions, covering such exceptions as beauty salons and barbershops car repair, trade in pharmaceuticals, fuel stations, textiles, clothing and jewellery, and others. The Committee observes, however, an absence of information on the specific legislative provisions defining the maximum increase in working hours that would be allowed for those occupations, and on the corresponding rate for overtime compensation. Regarding its previous comments on Regulation No. 30 of 20 February 1956, which allows weekly working hours to be increased to 54 hours per week in commercial establishments, the Committee also notes the Government’s indication that this Regulation will be amended to be fully compliant with Convention No. 30. The Committee requests the Government to indicate the maximum number of daily additional hours of work allowed in cases of permanent exceptions, in accordance with Article 6 of Convention No. 1 and Article 7 of Convention No. 30, as well as the applicable rate of overtime compensation. The Committee also requests the Government to provide information on the adoption of any amendment to the Regulation No. 30 of 20 February 1956.

2. Temporary exceptions. Circumstances for and limits on additional hours of work. Following its previous comments on Decree No. 3379 of 11 July 2000, which provides that additional hours worked by public employees may not exceed 100 hours per month, and that compensation for overtime pay should not exceed 75 per cent of the monthly wage, the Committee notes that the Government indicates that this Decree has not been applied for more than four years due to the ongoing economic crisis. The Committee nevertheless recalls the importance of national legislation and practice restricting recourse to exemptions from these maximum limits to cases of clear, well-defined and limited circumstances such as accident, actual or threatened, force majeure or urgent work to be done to plant or machinery (General Survey of 2018 concerning working-time instruments, paragraph 119). In light of the above, the Committee requests the Government to take the necessary measures to ensure that: (i) recourse to additional hours of work is limited to clear, well-defined circumstances; (ii) reasonable limits to additional working hours are established and respected; and (iii) additional working hours are effectively remunerated in conformity with the Conventions. The Committee requests the Government to continue to provide information on the progress made in this regard.

B. Weekly rest

Article 6(3) and (4) of Convention No. 106. Principle of weekly rest. The Committee notes that section 36 of the Labour Code provides for the principle of a weekly rest of 36 consecutive hours but does not contain provisions specifying the day that is established as the day of rest. Accordingly, the Committee requests the Government to indicate the measures taken, in law and in practice, to ensure that: (i) the weekly rest period shall, wherever possible, coincide with the day of the week established as a day of rest by the traditions or customs of the country or district (Article 6(3)); and (ii) the traditions and customs of religious minorities shall, as far as possible, be respected (Article 6(4)).

C. Annual paid leave

Article 2 of Convention No. 52. Right to annual holidays with pay. In its previous comments, the Committee noted the need to include provisions: (i) ensuring that public and customary holidays as well as interruptions of attendance at work due to sickness and other specified reasons are not counted as part of the annual holiday (Article 2(3)(a) and (b)); and (ii) on the need of gradually increasing the duration of annual paid holiday with the length of service (Article 2(5)). The Committee also observes that section 39 of the Labour Code provides that the employer may choose when annual leave is taken and does not clearly specify that only the period going beyond the minimum duration of six days, prescribed by the Convention, can be divided into parts (Article 2(4)). The Committee notes that the Government refers to draft amendments to the Labour Code which take into account these comments. The Committee notes that, according to the CGTL, weekly rest would be counted as annual leave if falling within an annual leave period and that when a wage earner wishes to take time off during one of the traditional holidays, they are not entitled to pay. The Committee requests the Government to indicate the measures, taken or envisaged, including through its labour law reform in consultation with social partners, in order to ensure that Article 2 of the Convention is fully applied in law and in practice. It requests the Government to continue to provide information on the progress made in this regard.

Article 4. Prohibition to relinquish or forgo the right to annual holidays with pay. The Committee notes the observations of the CGTL, according to which the law does not prevent agreements between a wage earner and the employer waiving the worker’s annual leave, in exchange for 15 days’ wages. The Committee requests the Government to provide its comments in this respect.

D. Night work

Articles 2 and 3 of Convention No. 89. General prohibition against women’s night work in industrial undertakings. The Committee notes that, in its report, the Government refers to proposed draft amendments to the Labour Code, providing that women are prohibited from working at night regardless of their age, in any industrial establishment, subject to a few exceptions. According to the Government, exceptions would cover family establishments, positions of responsibility that are managerial or technical in nature, situations of force majeure, and situations where work involves the use of raw materials at the processing stage, and which are rapidly perishable. Recalling that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women, and recalling that Convention No. 89 will be open for denunciation between 27 February 2031 and 27 February 2032, the Committee draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all those working at night (General Survey of 2018 concerning working time instruments, paragraphs 408 and 545).

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

Article 2 of the Convention. Right to annual holidays with pay. Further to its previous comment, the Committee notes from the Government’s latest report that section 50 of the draft Labour Code will give full effect to this Article of the Convention.The Committee trusts that the new Labour Code will be enacted shortly, and requests the Government to provide a copy of the new text once it has been adopted.

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

Article 2 of the Convention. Right to annual holidays with pay. Further to its previous comment, the Committee notes from the Government’s latest report that section 50 of the draft Labour Code will give full effect to this Article of the Convention. The Committee trusts that the new Labour Code will be enacted shortly, and requests the Government to provide a copy of the new text once it has been adopted.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2 of the Convention. Right to annual holidays with pay. Further to its previous comment, the Committee notes from the Government’s latest report that section 50 of the draft Labour Code will give full effect to this Article of the Convention. The Committee trusts that the new Labour Code will be enacted shortly, and requests the Government to provide a copy of the new text once it has been adopted.

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

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:

Repetition

Article 2 of the Convention. Right to annual holidays with pay. With reference to its previous comment, the Committee notes that the tripartite committee set up in 2000 to prepare the revision of the Labour Code has completed its work but the new draft Labour Code has not as yet been adopted. The Committee trusts that the new labour legislation will be enacted shortly and that its provisions will give effect to the provisions of the Convention to which the Committee has been drawing attention, namely the exclusion of public holidays and of interruptions of attendance at work due to sickness from the calculation of the annual holidays with pay (Article 2(3) of the Convention) and the increase of the duration of the annual holiday with the length of service (Article 2(5)).

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

Article 2 of the Convention. Right to annual holidays with pay. With reference to its previous comment, the Committee notes that the tripartite committee set up in 2000 to prepare the revision of the Labour Code has completed its work but the new draft Labour Code has not as yet been adopted. The Committee trusts that the new labour legislation will be enacted shortly and that its provisions will give effect to the provisions of the Convention to which the Committee has been drawing attention, namely the exclusion of public holidays and of interruptions of attendance at work due to sickness from the calculation of the annual holidays with pay (Article 2(3) of the Convention) and the increase of the duration of the annual holiday with the length of service (Article 2(5)).

In addition, the Committee notes with interest the adoption of Act No. 91 of 14 June 1996 which grants persons under the age of 18 the right to annual leave of 21 days on full pay provided that they have completed a full year of service. The Committee would appreciate receiving a copy of that enactment which gives effect to the requirement of Article 2(2) of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including, for instance, extracts from reports of the inspection services indicating the number and nature of any infringements reported, statistical information on the number of workers who are covered by the relevant legislation on paid holidays, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that Convention No. 52 should be classified as an outdated instrument and consequently States parties to this Convention should be invited to denounce it and ratify at the same time the more recent Holidays with Pay Convention (Revised), 1970 (No. 132) (see GB.283/LILS/WP/PRS/1/2, paragraph 12). The acceptance of the obligations of Convention No. 132 in respect of employed persons in economic sectors other than agriculture by a State which is a party to Convention No. 52 involves the immediate denunciation of the latter. The Committee requests the Government to keep the Office informed of any decision taken or envisaged concerning the possible ratification of Convention No. 132.

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

The Government indicates that it intends to redraft the Labour Code in line with the Convention by including provisions: (a) on the need of gradually increasing the duration of annual paid holiday with the length of service (Article 2, paragraph 5); (b) ensuring that public and customary holidays as well as interruptions of attendance at work due to sickness and other specified reasons are not counted as part of the annual holiday (Article 2, paragraph 3(a) and (b)); and (c) entitling persons under 18 years of age after one year of continuous service to an annual holiday with pay of 21 days (Article 2, paragraph 2). Please keep the Office informed on any developments in this respect.

Article 7 of the Convention. The Committee notes with interest that Order No. 155/1 of 28 July 2000, which was supplied with the Government’s report, requires the employer to keep a special record showing not only the date of entry into his service of each person employed and the duration of the annual holidays with pay to which each person is entitled (Article 7(a) of the Convention), and the dates at which the annual paid holiday is taken by each person (Article 7(b) of the Convention), but also the remuneration received by each person in respect of the period of his annual holidays with pay (Article 7(c) of the Convention).

Referring to its previous comments, the Committee requests the Government to supply a specimen of any model record approved by the competent authority.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 7 of the Convention. Referring to its former comments, the Committee notes with interest that under section 1 of Ministerial Order No. 65/1 of 17 February 1995 communicated by the Government with its report, each employer must keep a record showing the date of entry into his service of each person employed by him and the duration of the annual holiday with pay to which each such person is entitled (Article 7(a)), and of the dates at which the annual holiday with pay is taken by each person (Article 7(b)).

The Committee requests the Government to indicate in its next report how Article 7(c) of the Convention is applied (record of the remuneration received by each person in respect of the period of his annual holiday with pay) and to send it a specimen of any model record approved by the competent authority.

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

Article 7 of the Convention. In its previous comments, the Committee recalled that each employer must keep a record showing certain information relating to the annual holiday with pay which has been taken. The Committee notes the information supplied in the Government's latest report to the effect that information forms, including those relating to annual leave, are completed by labour inspectors during their inspection visits. Furthermore, the Government states that there are no establishments in the country of such a size that they would require the keeping of a whole series of registers concerning their workers, but that the question of the measures required to give effect to this provision of the Convention will be examined in the framework of a general review of the national legal provisions required to give effect to provisions of ratified Conventions. In view of the fact that this Article requires the keeping of a register showing information on annual holidays with pay for each person employed, with a view to facilitating the application in practice of the Convention, the Government is requested to indicate in its next report the measures which have been taken or are envisaged further to the above review.

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 recalls its previous direct request, which read as follows:

Article 7 of the Convention. The Committee notes the information supplied by the Government to the effect that the provisions of the Convention are applied under the regular control of the labour inspectors, but it wishes to point out that the national legislation must require the keeping of a record, in accordance with this Article of the Convention. It trusts that the Government will not fail to take the necessary measures to give effect to this Article of the Convention.

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

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 recalls its previous direct request, which read as follows:

Article 7 of the Convention. The Committee notes the information supplied by the Government to the effect that the provisions of the Convention are applied under the regular control of the labour inspectors, but it wishes to point out that the national legislation must require the keeping of a record, in accordance with this Article of the Convention. It trusts that the Government will not fail to take the necessary measures to give effect to this Article of the Convention.

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 recalls its previous direct request, which read as follows:

Article 7 of the Convention. The Committee notes the information supplied by the Government to the effect that the provisions of the Convention are applied under the regular control of the labour inspectors, but it wishes to point out that the national legislation must require the keeping of a record, in accordance with this Article of the Convention. It trusts that the Government will not fail to take the necessary measures to give effect to this Article of the Convention.