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).