Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Equal Remuneration Convention, 1951 (No. 100) - Lebanon (Ratification: 1977)

Other comments on C100

Observation

Direct Request

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The Committee notes the observations of the Association of Lebanese Industrialists, annexed to the Government’s report.

Article 1(a) of the Convention. Payment of employment benefits (family allowances). The Committee notes the Government’s explanations regarding women’s entitlements to family allowances confirming that in cases where both husband and wife are entitled to family allowances, these will still be paid primarily to the husband if he works. The Committee reiterates its request to the Government to continue to examine the existing law and practice so as to ensure that women enjoy family allowances on an equal footing with men, as no such studies have yet been undertaken, and to provide information on any progress made in this regard.

Dismissal compensation upon marriage. The Committee previously requested the Government to amend or repeal section 72(1) of the draft Labour Code and section 50 of the Social Insurance Act which provided for dismissal compensation for women upon marriage. The Committee notes the Government’s statement that section 72(1) of the draft Law now provides for equality between a male and female worker in benefitting from dismissal compensation for whoever is obliged to leave service on the grounds of marriage. The Government also states that when the draft Labour Code is adopted, section 50(d) of the Social Insurance Act shall be annulled as it conflicts with the provision of the Labour Code. Trusting that the final text of section 72(1) of the Labour Code will provide dismissal compensation for men and women on an equal footing, the Committee asks the Government to ensure that the practical application of this provision does not reinforce historical attitudes and stereotyped assumptions regarding women’s role in society and their aspirations and preferences, including those relating to household and family responsibilities.

Article 2. Domestic workers. The Committee recalls that domestic workers, the majority of whom are women, are excluded from the Labour Code of 1946 (section 7(1)) and that contractual relations between domestic workers and private individuals employing them to perform domestic work in their residence are governed by the Law on Obligations and Contracts. The Government published in 2009 a standard contract of employment for foreign domestic workers requiring the employer to pay a monthly salary to be agreed upon by both parties. The Committee notes that section 5(1) of the draft Labour Code continues to exclude “Servants and whoever is of a similar standing performing housework and living in the homes of their employers”, from its scope of application, including its equal pay provision (draft section 56), but that a draft Law on the Regulation of Domestic Workers is being discussed. The Government indicates that for live-in domestic workers, wages include a monetary allowance, agreed upon by the parties, and other allowances such as accommodation, food, clothing and medical care, which may exceed the “minimum wage”; for live-out workers, the wages are not less than the minimum wage. Regarding the manner in which wages for domestic workers are being determined, the Government states that these are determined upon the basis of an agreement between the parties to the contract, in which the wages are set down as minimum wages to be paid without discrimination between men and women. Recalling that the setting of minimum wages can be an important means by which the principle of equal remuneration for men and women for work of equal value is applied, the Committee encourages the Government to ensure that the draft Law on the Regulation of Domestic Workers includes minimum wage coverage for domestic workers. The Committee also asks the Government to provide information on all the legal and practical measures taken or envisaged, to ensure that the principle of equal remuneration for work of equal value is applied to domestic workers, and to indicate in this context any steps taken, in cooperation with the social partners, to raise awareness among employers that when determining wages and additional allowances of domestic workers, domestic work should not be undervalued due to gender stereotypes relating to the work performed. Please provide statistical information, disaggregated by sex, on the wages and additional allowances paid to live-out and live-in domestic workers respectively.

Application in the public service. The Committee recalls the persistent low representation of women in higher paid positions of public administration, and notes the Letter No. 3087-3088 of 6 September 2010 by the Civil Service Council indicating that in March 2010 the Council of Ministers recommended allocating a quota for women in the First Category of the civil service, where women currently represent only 9.19 per cent of the civil servants. The Committee notes that women represent 23.86 per cent of the civil servants in the Second Category and that the highest representation of women is found in the Third Category (35.10 per cent) and Fourth Category (35.50 per cent) of the civil service. The Civil Service Council also reiterates that appointments or recruitment in the civil service are the outcome of competitive exams, regardless of the sex of the candidate. The Committee asks the Government to provide information on any follow-up given to the recommendation to set a quota for women’s representation in the highest category of public administration, and the results achieved in improving women’s participation in higher paid posts. Given the low representation of women, especially in the First and Second Categories, the Government is also requested to provide information on any steps taken to ensure that no stereotypical considerations are being given to women’s suitability for certain posts upon appointment. Noting that the reclassification of posts in the civil service has been completed, the Committee asks the Government to provide information, including statistics, disaggregated by sex, on the distribution of men and women in the various categories and grades of the civil service, with an indication of their corresponding earnings.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that the process of developing job descriptions for all posts pertaining to public administration – except the judiciary and the armed forces – has been completed by a specialized team which worked on the basis of clear, objective and scientific criteria, and according to a specific technique and methodology. The second phase of this process resulted in a system of job classification divided into categories according to importance, responsibility and required qualifications. The Committee also notes the Government’s statement that in the private sector it is the employer who is responsible for undertaking objective job evaluation. It notes in this regard that according to the Association of Lebanese Industrialists the system of job descriptions ensures the application of the principle of equal remuneration for work of equal value. The Committee asks the Government to explain in detail the methods and criteria used to determine the level of remuneration corresponding to the new job classification in the public administration, and how gender bias has been avoided. Recalling that the implementation of job evaluation exercises has been shown to have a measurable impact on gender pay differentials, the Committee asks the Government to provide information on the steps taken, together with workers’ and employers’ organizations, to ensure that the methods and criteria used by private employers to establish job descriptions and determine the corresponding wage structure are free from gender bias and do not undervalue tasks performed by women. Please also continue to provide information on any developments regarding the use of objective job evaluation methods in the private sector.

Practical application in the private sector. The Committee notes that no statistical data have been provided on the distribution of men and women in the various occupations and economic sectors, and their corresponding earnings, and hopes that the Government will soon be in a position to provide such data in order to assess progress made in addressing the remuneration gap between men and women in the private sector. Please also provide information on measures taken to eliminate any wage differentials that may exist between men and women in small and medium sized enterprises.