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

The Committee notes the information in the Government’s report as well as the attached legislation and statistical tables.

1. The Committee notes with interest the adoption of Act No. 207 of 26 May 2000 amending, among others, section 26 of the Labour Code which prohibits discrimination between men and women with respect to wages. The Committee further notes the information provided by the Government that the draft Labour Code includes a number of sections (sections 35, 46 and 56) which provide for the principle of equal remuneration for men and women for work of equal value. It hopes that the draft Code will be adopted soon and that the Government will supply a copy of the amended text.

2. The Committee notes from information received under ConventionNo. 111 that women workers are entitled in the same way as male workers to receive family allowances, provided both that the husband and father of her children does not already receive the same benefits, and that it is found, after a "social investigation" by the fund, that her children live with her and she pays for their expenses. The Committee welcomes the granting of these benefits to women workers and hopes that the legislation will be amended to grant equal entitlement to men and women to receive the family allowance, rather than starting from the principle that they should systematically be paid to the father and, in exceptional cases, to the mother if she can demonstrate that she is bringing up her children alone. In cases where both parents are eligible for such benefits and are bringing up the children, it should be for the couple to determine which of them should receive the family allowance.

3. The Committee notes Act No. 171 of 5 November 1998 and the tables on the minimum wages, salaries and transfer of salaries of the employees of the General Administration (categories 1 to 5). While appreciating this information, the Committee notes that the data do not provide any information on the distribution of men and women according to job category (1 to 5) and corresponding earnings levels, and asks the Government to provide such information in its next report. With regard to the job evaluation exercise carried out in the public service, the Committee notes that the Civil Service Council indicated that the study on this issue has not been completed, but that the first phase of the study dealing with the evaluation of all general administration jobs, except for the judiciary, the army and the security forces, with a view to their classification in new categories and grades is expected to be finished soon. The Committee hopes that the Government will be in a position to supply a copy of the study once it has been published with its next report.

4. With regard to measures to promote an objective appraisal of jobs in the private sector, the Committee notes the Government’s statement that no objective job evaluations are in force in the private sector, except in a few large enterprises. The Government indicates in this regard that the collective labour agreement between the Association of Lebanese Banks and the Confederation of Bank Employees of Lebanon for 2002-03 provides for non-discrimination in wages between men and women and includes a provision granting a bonus to employees who excel in productivity, honesty and discipline based on evaluation reports of their superiors. The Committee wishes to draw the Government's attention to paragraphs 138, 139 and 141 of its General Survey of 1986 on this Convention and points out that job evaluation is a method which through analysing the content of jobs seeks to rank those jobs hierarchically in terms of their value, usually for the purpose of establishing wage rates. It is concerned with evaluating the job and not the individual worker. Noting the Government’s statement that job classifications which ensure that men and women receive the same remuneration are currently not the practice in the private sector and that the Government requests technical assistance in this regard, the Committee hopes that the Government will make every effort to seek and acquire this assistance and will initiate action, in consultation with representatives of workers’ and employers’ organizations, to encourage the objective appraisal of jobs in the private sector. Please continue to provide copies of collective agreements and internal regulations fixing wage scales in the private sector as well as any other information on the remuneration levels of men and women in the various branches of activity and occupations in the private sector.

5. With regard to the application of the principle of equal remuneration for work of equal value to domestic workers and agricultural workers, the Committee notes the Government’s statement that the tripartite committee in charge of amending the Labour Code has inserted a text specifying that these categories of workers will be regulated by special legislation, and that in formulating this legislation, the principle of the Convention will be taken into account. The Committee hopes that the said legislation will include a provision providing for equal remuneration for men and women workers for work of equal value and asks the Government to provide copies of this legislation once it has been adopted. Please also provide a copy of the law providing for the payment of official minimum wages for agricultural workers, once it is adopted, as well as any other available information on the measures taken to ensure the application of the principle to domestic workers and agricultural workers.

6. In reference to its previous comments concerning the role of the labour inspectorate in the supervision of the principle of equal remuneration for work of equal value, the Committee notes that the inspectorate lacks the experience and knowledge in order to ensure a sound application of the principle and that the Government is requesting technical assistance from the Office to formulate a training programme for the labour, prevention and safety inspectorate in this regard. It also notes the Government’s request to the ILO to organize tripartite workshops and symposia to explain the contents and objectives of the Convention. It hopes that the Office will be able to provide such assistance in the near future and in the meantime encourages the Government to take every action to improve the capacity of the labour inspectorate to improve the application of the principle of the Convention.