Night Work (Women) Convention (Revised), 1948 (No. 89) - 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. Definition of the term “night”. The Committee recalls its previous comment in which it had noted that draft section 36 of the revised Labour Code was expected to align the definition of the term “night” with the requirements of Article 2of the Convention, thus providing for a period of at least 11 consecutive hours including an interval of at least seven consecutive hours falling between 10 p.m. and 7 a.m.Noting from the Government’s latest report that the revision process of the Labour Code is still under way, the Committee hopes that the Government will not fail to examine, in consultation with the social partners, and in particular with women workers, the possibility of amending the national legislation. In this connection, it draws the Government’s attention to the possibility of ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-circumscribed conditions, or the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. It requests the Government to provide information on any decision taken or envisaged in this regard.

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. Definition of the term “night”. The Committee recalls its previous comment in which it had noted that draft section 36 of the revised Labour Code was expected to align the definition of the term “night” with the requirements of Article 2 of the Convention, thus providing for a period of at least 11 consecutive hours including an interval of at least seven consecutive hours falling between 10 p.m. and 7 a.m. Noting from the Government’s latest report that the revision process of the Labour Code is still under way, the Committee hopes that the Government will not fail to examine, in consultation with the social partners, and in particular with women workers, the possibility of amending the national legislation. In this connection, it draws the Government’s attention to the possibility of ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-circumscribed conditions, or the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. It requests the Government to provide information on any decision taken or envisaged in this regard.

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

Article 2 of the Convention. Definition of the term “night”. The Committee recalls its previous comment in which it had noted that draft section 36 of the revised Labour Code was expected to align the definition of the term “night” with the requirements of Article 2 of the Convention, thus providing for a period of at least 11 consecutive hours including an interval of at least seven consecutive hours falling between 10 p.m. and 7 a.m. Noting from the Government’s latest report that the revision process of the Labour Code is still under way, the Committee hopes that the Government will not fail to examine, in consultation with the social partners, and in particular with women workers, the possibility of amending the national legislation. In this connection, it draws the Government’s attention to the possibility of ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-circumscribed conditions, or the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. It requests the Government to provide information on any decision taken or envisaged in this regard.

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. Definition of the term “night”. The Committee notes the Government’s indication that draft section 36 of the revised Labour Code is expected to align the definition of the term “night” with the requirements of Article 2 of the Convention, thus providing for a period of at least 11 consecutive hours including an interval of at least seven consecutive hours falling between 10 p.m. and 7 a.m. The Government adds that the tripartite committee entrusted with the revision of the Labour Code will examine the Committee’s additional observations and will also consider the informal opinion prepared by the Office in 2003 concerning the meaning and implications of certain provisions of the 1990 Protocol to Convention No. 89. The Committee requests the Government to keep the Office informed of any progress made in the finalization of the revised Labour Code and to transmit a copy of the new text once it has been adopted.

More generally, while noting that the labour legislation continues to apply a general prohibition against the employment of women in the industrial sector during the night, the Committee wishes to draw the Government’s attention to the fact that protective measures for female workers, such as blanket prohibitions or restrictions – as contrasted with special measures aimed at protecting women’s reproductive and maternal capacity – are increasingly subjected to extensive criticism as obsolete and unnecessary infringements of the fundamental principle of equality of opportunity and treatment between men and women. The Committee is fully aware, of course, that as a long-term goal, the full application of the principle of non-discrimination will only be attained progressively through appropriate legal reforms and varying periods of adaptation, depending on the stage of economic and social development or the influence of cultural traditions in a given society. It is in this sense that the Committee considered in paragraph 169 of its General Survey of 2001 on the night work of women in industry that “the protections afforded by Convention No. 89 and its Protocol should be available to those women who need them, but they should not be used as a basis for denying all women equal opportunity in the labour market”. It went on to conclude in paragraph 201 that “Convention No. 89, as revised by the 1990 Protocol, retains its relevance for some countries as a means of protecting those women who need protection from the harmful effects and risks of night work in certain industries, while acknowledging the need for flexible and consensual solutions to specific problems and for consistency with modern thinking and principles on maternity protection”. The Committee therefore hopes that in the context of the ongoing revision process of the Labour Code, the Government will not fail to examine, in consultation with the social partners, and in particular with women workers, the possibility of modernizing its legislation by ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-circumscribed conditions, or the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. It requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Definition of the term “night”. The Committee notes the Government’s indication that draft section 36 of the revised Labour Code is expected to align the definition of the term “night” with the requirements of Article 2 of the Convention, thus providing for a period of at least 11 consecutive hours including an interval of at least seven consecutive hours falling between 10 p.m. and 7 a.m. The Government adds that the tripartite committee entrusted with the revision of the Labour Code will examine the Committee’s additional observations and will also consider the informal opinion prepared by the Office in 2003 concerning the meaning and implications of certain provisions of the 1990 Protocol to Convention No. 89. The Committee requests the Government to keep the Office informed of any progress made in the finalization of the revised Labour Code and to transmit a copy of the new text once it has been adopted.

More generally, while noting that the labour legislation continues to apply a general prohibition against the employment of women in the industrial sector during the night, the Committee wishes to draw the Government’s attention to the fact that protective measures for female workers, such as blanket prohibitions or restrictions – as contrasted with special measures aimed at protecting women’s reproductive and maternal capacity – are increasingly subjected to extensive criticism as obsolete and unnecessary infringements of the fundamental principle of equality of opportunity and treatment between men and women. The Committee is fully aware, of course, that as a long-term goal, the full application of the principle of non-discrimination will only be attained progressively through appropriate legal reforms and varying periods of adaptation, depending on the stage of economic and social development or the influence of cultural traditions in a given society. It is in this sense that the Committee considered in paragraph 169 of its General Survey of 2001 on the night work of women in industry that “the protections afforded by Convention No. 89 and its Protocol should be available to those women who need them, but they should not be used as a basis for denying all women equal opportunity in the labour market”. It went on to conclude in paragraph 201 that “Convention No. 89, as revised by the 1990 Protocol, retains its relevance for some countries as a means of protecting those women who need protection from the harmful effects and risks of night work in certain industries, while acknowledging the need for flexible and consensual solutions to specific problems and for consistency with modern thinking and principles on maternity protection”. The Committee therefore hopes that in the context of the ongoing revision process of the Labour Code, the Government will not fail to examine, in consultation with the social partners, and in particular with women workers, the possibility of modernizing its legislation by ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-circumscribed conditions, or the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. It requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Further to its previous comments, the Committee notes that the Government once again refers to the new draft amendment of the Labour Code which is expected to give full effect to Article 2 of the Convention concerning the 11-hour minimum night rest for women employed in industrial undertakings. Recalling that the Government has been giving assurances for several years that the Labour Code will be brought into line with the requirements of the Convention once the revision of the Code is completed, the Committee hopes that the draft amendment will be adopted without further delay and requests the Government to indicate in its next report any progress made in this regard.

Moreover, the Committee notes that under the draft amendment, the Labour Minister is empowered to authorize variations to the duration of the night period and to suspend the prohibition of night work provided that the workers concerned explicitly consent to such measures and that the establishment in question offers sufficient guarantees in respect of occupational safety and health. The Committee is obliged to observe that the provision on exemption possibilities and variations in the duration of the night period is not in strict conformity with the Convention but might be permissible - subject to certain conditions - under the more flexible standards set forth in the 1990 Protocol to Convention No. 89.

In this respect, the Committee wishes to refer to paragraphs 191-202 of its 2001 General Survey on the night work of women in industry, in which it observed that the present trend is no doubt to move away from a blanket prohibition against women’s night work and to give the social partners the responsibility for determining the extent of the permitted exemptions. It also noted that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and strengthening non-discrimination. The Committee further recalled that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (to which parenthetically Lebanon acceded in 1997), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.

More concretely, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. It also suggested that greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify the new Night Work Convention, 1990 (No. 171), to realize the advantages of modernizing their legislation in line with the provisions of the Protocol.

Therefore, the Committee once again invites the Government to give favourable consideration to the ratification of the 1990 Protocol which affords greater flexibility in the application of the Convention while remaining focused on the protection of female workers. As regards the Government’s request for the informal opinion of the Office concerning the meaning and implications of certain provisions of the Protocol, the Committee is informed that the Office has replied by letter dated 9 June 2003 (ref. ACD 5-89). Finally, the Committee would be grateful to the Government for providing, in accordance with Part V of the report form, up-to-date information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the application of the exceptions allowed under the provisions of the Convention, etc.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee takes notes of the Government’s reports and the information supplied in answer to its previous comments.

The Committee recalls its comments in which it noted that, under section 26 of the Labour Code Act of 23 September 1946, women may not be employed during the night between 8 p.m. and 5 a.m. from 1 May to 30 September, that is a period of nine hours, whereas Article 2 of the Convention provides for a nightly rest of at least 11 consecutive hours.

The Committee notes that a draft amendment is currently being considered by the competent authorities with a view to bringing the definition of the term "night" into conformity with the provision of the Convention. The Committee also notes the Government’s statement that, by virtue of section 2, paragraph 2, of the Law on the Principles of Civil Trials (Ordinance No. 90 of 16 September 1983 as amended), the ratification and subsequent publication of international agreements and Conventions gives them the force of law and in case of conflict between the provisions of international treaties and those of national law, the former supersedes the provisions of the latter.

The Committee recalls that international labour Conventions are not self-executing instruments, and thus ratifying States are under the obligation to take the necessary measures to bring their national laws and practice into conformity with the provisions of those Conventions. The Committee hopes that the review process of the Labour Code will soon be completed, and that the discrepancy to which it has been drawing attention for many years will thus be eliminated. The Committee reiterates its suggestion that the Government examine the possibility of requesting technical assistance from the International Labour Office.

The Committee takes this opportunity to invite the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171) or the Protocol of 1990 to Convention No. 89.

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

The Committee takes note of the Government's report and the information supplied in answer to its previous comments.

Article 2 of the Convention. In its previous comments the Committee recalled that the nine-hour night period prescribed by section 26 of the Labour Code is inconsistent with the Convention which provides for a period of at least ll consecutive hours. The Committee notes the Government's statement that the Ministry of Labour will address the question of incorporating the provisions of the Convention in the Labour Code when it is updated and that work on amendment of the Code has been delayed by the particular circumstances prevailing in the country. It also notes that the review of the Code will be resumed in the near future with the assistance of ILO experts. The Committee hopes that, in accordance with the Government's assurances, the provisions of section 26 of the Labour Code will be brought into line with the Convention when the Code is revised. It suggests that the Government examine the possibility of requesting technical assistance from the International Labour Office.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that for a number of years 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 of the Convention. The Committee referred to its earlier comments and recalled that the night period of nine hours laid down by section 26 of the Labour Code is not in conformity with the provisions of the Convention, which lay down a period of at least 11 consecutive hours. It noted with interest from the last report of the Government that a new draft Labour Code contains a provision to this end. The Committee hoped that the draft will be adopted shortly and requested the Government to indicate any progress made.

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 that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee refers to its earlier comments and recalls that the night period of nine hours laid down by section 26 of the Labour Code is not in conformity with the provisions of the Convention, which lay down a period of at least 11 consecutive hours. It notes with interest from the last report of the Government that a new draft Labour Code contains a provision to this end. The Committee hopes that the draft will be adopted shortly and requests the Government to indicate any progress made.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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:

Article 2 of the Convention. The Committee refers to its earlier comments and recalls that the night period of nine hours laid down by section 26 of the Labour Code is not in conformity with the provisions of the Convention, which lay down a period of at least 11 consecutive hours. It notes with interest from the last report of the Government that a new draft Labour Code contains a provision to this end. The Committee hopes that the draft will be adopted shortly and requests the Government to indicate any progress made.