Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

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

The Committee takes note of the Government’s detailed report in reply to previous comments.

Article 1, paragraphs 2 and 3, of the Convention. The Committee has been raising for a number of years the question of extending minimum wage protection to domestic workers and workers in the agricultural sector who are currently excluded from the scope of application of the Labour Code and consequently also not covered by the decrees fixing minimum wages. According to the Government’s explanations, the draft legislation amending the Labour Code, which was prepared by a tripartite committee set up by virtue of Ministerial Order No. 210/1 of 21 December 2000, provides for special regulations to be issued in respect of these two categories of workers. The Committee requests the Government to keep it informed of further developments in this respect and to forward a copy of any new legal instrument as soon as it is adopted. In this connection, the Committee refers to paragraphs 79 and 86 of its General Survey of 1992 on minimum wages in which it took the view that since minimum wages constitute one of the more important elements which contribute to an improvement of the working and living conditions of workers, ratifying States should take the necessary measures to broaden the coverage of their minimum wage fixing systems and thereby offer workers more adequate protection. The Committee also recalls its general observation of 1985 concerning Convention No. 26 in which it had expressed the hope that governments would make every effort to extend the protection afforded by a system of minimum wages to workers in the home working trades in view of the particular vulnerability of those workers.

Article 2, paragraph 1. The Committee notes that the minimum wage was last revised by Decree No. 8733 of 8 July 1996 and is now fixed at 300,000 Lebanon pounds (or approximately US$200). It also notes that the minimum wage rate currently applies to all workers, covered by the Labour Code of 1946, who have reached 20 years of age whereas a draft amendment of Act No. 36/67 of 16 May 1967 relating to the fixing of minimum wages of employees and workers is now under consideration to make the minimum wage applicable to all workers above 18 years of age. In this respect, the Committee wishes to refer to paragraph 171 of its General Survey of 1992 on minimum wages in which it expressed the view that when provision is made for different minimum wage rates on the basis of criteria such as age, the principle of equal pay for equal value should be borne in mind and also that the quantity and quality of work carried out should be the decisive factor in determining the wage paid. The Committee asks the Government to keep providing information on further developments on this point.

Article 5 and Part V of the report form. While noting the Government’s statement that legal proceedings for non-observance of the legislation in respect of minimum wages are uncommon and that difficulties are rarely encountered in applying the provisions respecting minimum wages, the Committee requests the Government to continue to supply all available information regarding the effect given to the Convention in practice, including for instance statistics on the number and different categories of workers covered by relevant legislation, the minimum wage rates in force, extracts from annual reports or other published records of the Commission on the index of cost of living as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.