Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Lebanon (Ratification: 1977)

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).

Observation (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) and 106 (weekly rest in commerce and offices) together.

Hours of work

Article 2 of Convention No. 1 and Articles 3 and 4 of Convention No. 30. Daily and weekly limits of hours of work. Further to its long-standing comments on the lack of a daily limit on hours of work, which the Government had previously indicated would be resolved through amendments to the Labour Code, the Committee notes the Government’s reiteration in its report that, while the Labour Code does not fix limits to daily hours of work, section 57 of a draft Labour Code fixes a daily limit of 8 hours of work and a weekly limit of 48 hours of work. The Government also indicates that the new draft Labour Code could not be passed as soon as desired, due to successive political, economic and social crises. Recalling that the Conventions establish a double cumulative limit on normal working hours of 8 hours per day and 48 hours per week (2018 General Survey concerning working-time instruments, paragraph 119), the Committee requests the Government to take the necessary measures, including through the finalization of the labour law reform in consultation with social partners and in the near future, to ensure that a specific daily limit on normal hours of work is established in law and practice. The Committee requests the Government to provide information on the progress made in this regard.

Weekly rest

Article 8(1) and (3) of the Convention. Temporary exemptions and compensatory rest. Following its previous comments on the non-compliance of section 37 of the Labour Code with Article 8, which requires compensatory rest to be granted when temporary exemptions are made, regardless of any monetary compensation, the Committee notes that the Government once again refers to planned amendments of the Labour Code. According to the Government, these amendments would provide that, in emergency situations and for humanitarian and economic considerations, temporary exemptions from weekly rest shall be permitted, provided that the concerned persons are granted compensatory rest periods equal to at least the weekly rest period that they have forfeited. The Committee requests the Government to take the necessary measures, including through the finalization of the labour law reform in consultation with social partners, to define the circumstances in which temporary exemptions from weekly rest are allowed and to provide for compensatory rest, in accordance with Article 8 of the Convention. The Committee requests the Government to continue to provide information on the progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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 8(1) and (3) of the Convention. Temporary exemptions and compensatory rest. In reply to the comments made by the Committee on this point over the years, it notes that the Government has been referring for over a decade to draft amendments to the Labour Code that would ensure compliance with the provisions of the Convention.The Committee trusts that these amendments will be adopted in the near future and requests that the Government provides information 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 8(1) and (3) of the Convention. Temporary exemptions and compensatory rest. In reply to the comments made by the Committee on this point over the years, it notes that the Government has been referring for over a decade to draft amendments to the Labour Code that would ensure compliance with the provisions of the Convention. The Committee trusts that these amendments will be adopted in the near future and requests that the Government provides information in this regard.

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

Article 8(1) and (3) of the Convention. Temporary exemptions and compensatory rest. In reply to the comments made by the Committee on this point over the years, it notes that the Government has been referring for over a decade to draft amendments to the Labour Code that would ensure compliance with the provisions of the Convention. The Committee trusts that these amendments will be adopted in the near future and requests that the Government provides information 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 8(1) and (3) of the Convention. Temporary exemptions and compensatory rest. In reply to the numerous comments made by the Committee on this point, the Government indicates that section 48 of the draft amendment to the Labour Code provides that, in cases of force majeure declared by the employer, and after the Ministry of Labour has granted authorization for temporary exemptions to weekly rest, the persons concerned are entitled to periods of compensatory rest of a duration at least equivalent to that of the weekly rest period of which they have been deprived. Emphasizing that Article 8, paragraph 1, of the Convention, authorizes temporary exemptions from weekly rest only in well-defined cases (in case of accident, force majeure, urgent work to premises and equipment, abnormal pressure of work, or in order to prevent the loss of perishable goods), the Committee requests the Government to indicate the manner in which it is ensured that cases of force majeure declared by the employer do not go beyond the cases strictly defined by this Article. It also requests the Government to indicate clearly the persons to whom this amendment applies and to whom compensatory rest should apply.

Furthermore, the Committee recalls that the purpose of the Convention is to ensure that workers are granted a weekly rest period at regular intervals so that they enjoy a minimum period of rest and leisure time each week and that compensatory rest should therefore be granted as soon as possible or, in any case, within a reasonably short time after the work carried out on the weekly rest day. The Committee hopes that the Government will take these observations into account in the context of the revision of the Labour Code under way and requests the Government to provide a copy of the relevant revised provisions as soon as they have been adopted.

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

Article 8, paragraphs 1 and 3, of the Convention. Temporary exemptions and compensatory rest. In reply to the numerous comments made by the Committee on this point, the Government indicates that section 48 of the draft amendment to the Labour Code provides that, in cases of force majeure declared by the employer, and after the Ministry of Labour has granted authorization for temporary exemptions to weekly rest, the persons concerned are entitled to periods of compensatory rest of a duration at least equivalent to that of the weekly rest period of which they have been deprived. Emphasizing that Article 8, paragraph 1, of the Convention, authorizes temporary exemptions from weekly rest only in well-defined cases (in case of accident, force majeure, urgent work to premises and equipment, abnormal pressure of work, or in order to prevent the loss of perishable goods), the Committee requests the Government to indicate the manner in which it is ensured that cases of force majeure declared by the employer do not go beyond the cases strictly defined by this Article. It also requests the Government to indicate clearly the persons to whom this amendment applies and to whom compensatory rest should apply.

Furthermore, the Committee recalls that the purpose of the Convention is to ensure that workers are granted a weekly rest period at regular intervals so that they enjoy a minimum period of rest and leisure time each week and that compensatory rest should therefore be granted as soon as possible or, in any case, within a reasonably short time after the work carried out on the weekly rest day. The Committee hopes that the Government will take these observations into account in the context of the revision of the Labour Code under way and requests the Government to provide a copy of the relevant revised provisions as soon as they have been adopted.

Part V of the report form. Practical application. The Committee notes the statistics provided by the Government concerning the number of inspections carried out and violations reported by the inspection services. It requests the Government to continue providing general information on the application of the Convention in practice, in particular statistical data on the number of workers covered by the legislation giving effect to the Convention, extracts from the reports of the inspection services indicating the number of violations of the rules relating to weekly rest which have been reported and the sanctions imposed in this regard, etc.

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

Article 8, paragraph 3, of the Convention. The Government indicates that the draft revision of section 37 of the Labour Code, targeted at giving effect to the Convention by granting compensatory rest to persons concerned by temporary exemptions from weekly rest, is still under discussion within the competent authorities. The Committee urges the Government to take the necessary steps that the amendment, to which it has been referring for many years, will be adopted shortly. Please keep the Office informed on any progress achieved in this regard.

Part V of the report form. Please indicate the kind of information contained in the annual and special reports of labour inspectors provided for under section 3 of Decree No. 3273 on labour inspection.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with interest the Government’s report.

Article 8, paragraph 3, of the Convention. Referring to its previous comments the Committee notes that the proposed amendment of section 37 of the Labour Code as set out in the report will lead to conformity with Article 8, paragraph 3, of the Convention. The Committee hopes that the new Labour Code will be enacted in the near future and asks the Government to supply a copy of the text when adopted.

Part V of the report form. Referring to the general appreciation of the Government that the provisions of the Convention are applied, the Committee requests the Government to supply, if available, additional statistical information as, for example, extracts of inspection reports and information concerning the number and nature of the contraventions reported.

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

Article 8, paragraph 3, of the Convention. In its previous comments, the Committee noted that section 37 of the Labour Code provided that a worker who was required to work on a weekly rest day by virtue of section 33 could choose between an equivalent period of compensatory rest and the wages for the hours worked. The Committee recalled that, under Article 8, paragraph 3, of the Convention, equivalent compensatory rest should be granted whenever temporary exemptions were made.

The Committee notes the Government's indication in its latest report that the attention of the commission revising the Labour Code has been drawn to this provision of the Convention. The Committee recalls that in accordance with Article 8, paragraph 3, compensatory rest must be granted, regardless of any monetary compensation, when temporary exemptions are made for the reasons enumerated in paragraph 1 of this Article. The Committee hopes that the Government will take the necessary steps to bring the legislation into conformity with the Convention and indicate any developments in this respect.

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

Article 7, paragraph 2, of the Convention. The Committee notes with interest the indication in the Government's report that the ministerial decisions taken under section 35bis of the Labour Code which fix the opening and closing hours in commercial establishments expressly provide that their provisions will not prejudice the workers' right to a weekly rest period of 36 consecutive hours. It further notes the example of such a decision provided by the Government in this regad. The Government is requested to keep the Office informed of any other ministerial decisions issued under section 35bis and to indicate the manner in which it is ensured that the workers concerned still enjoy a weekly rest period of at least 24 hours.

Article 8, paragraph 3. In its previous comments, the Committee noted that section 37 of the Labour Code provided that a worker who was required to work on a weekly rest day by virtue of section 33 could choose between an equivalent period of compensatory rest and the wages for the hours worked. The Committee recalled that, under this provision of the Convention, equivalent compensatory rest should be granted whenever temporary exemptions were made in accordance with this Article. The Government indicated in its latest report that inspectors were responsible for verifying the workers' choice in this regard and that the question of the conformity of section 37 of the Code with Article 8, paragraph 3, depended on what was most favourable to the workers. The Government added that the measures for applying this provision of the Convention would be examined taking into account the interest of the workers. The Committee trusts that the necessary measures will be taken to ensure that, in cases of exemption from the weekly rest provisions, workers will be granted equivalent compensatory rest and requests the Government to indicate, in its next report, any progress made in this regard.

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

Article 7, paragraph 2, of the Convention. Noting that certain hours of opening or closing, particularly in commercial establishments, have been modified for practical reasons, the Committee asks the Government to indicate the measures taken to ensure that persons affected by the modified timetables have the minimum weekly rest period laid down by this provision of the Convention.

Article 8, paragraph 3. Under section 37 of the Labour Code, the worker who has to work on the weekly day of rest may choose between taking a rest period equivalent to the weekly rest period and receiving the wages of the hours for which he has worked. The Committee wishes to call the attention of the Government to the fact that, under this provision of the Convention, in a case of this kind compensatory rest must be granted to the workers concerned. It would therefore be grateful if the Government would provide information on the measures taken or under consideration to bring the national legislation into conformity with the Convention on this point.

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 7, paragraph 2, of the Convention. Noting that certain hours of opening or closing, particularly in commercial establishments, have been modified for practical reasons, the Committee asks the Government to indicate the measures taken to ensure that persons affected by the modified timetables have the minimum weekly rest period laid down by this provision of the Convention.

Article 8, paragraph 3. Under section 37 of the Labour Code, the worker who has to work on the weekly day of rest may choose between taking a rest period equivalent to the weekly rest period and receiving the wages of the hours for which he has worked. The Committee wishes to call the attention of the Government to the fact that, under this provision of the Convention, in a case of this kind compensatory rest must be granted to the workers concerned. It would therefore be grateful if the Government would provide information on the measures taken or under consideration to bring the national legislation into conformity with the Convention on this point.

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

Article 7, paragraph 2, of the Convention. Noting that certain hours of opening or closing, particularly in commercial establishments, have been modified for practical reasons, the Committee asks the Government to indicate the measures taken to ensure that persons affected by the modified timetables have the minimum weekly rest period laid down by this provision of the Convention.

Article 8, paragraph 3. Under section 37 of the Labour Code, the worker who has to work on the weekly day of rest may choose between taking a rest period equivalent to the weekly rest period and receiving the wages of the hours for which he has worked. The Committee wishes to call the attention of the Government to the fact that, under this provision of the Convention, in a case of this kind compensatory rest must be granted to the workers concerned. It would therefore be grateful if the Government would provide information on the measures taken or under consideration to bring the national legislation into conformity with the Convention on this point.