Repetition

Article 1(a) of the Convention. Payment of employment benefits. Family allowances. For a number of years the Committee has been emphasizing that, when both husband and wife are entitled to family allowances, these are still paid primarily to the husband if he works, and it has been asking the Government to change this practice. The Committee welcomes the communication by the Government of a draft amendment to section 47(1)(a) of the Social Security Act aimed at allowing both working fathers and mothers to receive family allowances, provided that they no longer collect them from other public bodies. The Committee requests the Government to take the necessary steps to enable the adoption of the amendment to the Social Security Act in order to allow women workers to be treated on an equal footing to men with regard to the payment of family allowances. The Government is requested to provide information on the progress of this draft amendment and to provide a copy of the text once it is adopted.

Severance pay in the event of marriage. The Committee recalls that the principle of the Convention applies to remuneration as defined by the Convention, that is to say not only the basic salary but also any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. In this regard, the Committee recalls that it has previously asked the Government to amend the Labour Code and section 50 of the Social Security Act, which provide for severance (or end-of-service) pay for women who resign upon marriage. For several years, the Government indicated that this issue was covered by the new draft Labour Code. Nevertheless, the Committee notes that the Government’s report does not contain any information in this regard. The Committee is therefore bound to repeat its request to the Government to ensure that the new Labour Code gives men and women equal entitlement to severance pay and that section 50 of the Social Security Act is consequently amended. Meanwhile, the Committee once again requests the Government to ensure that the application in practice of this provision on severance pay in the event of marriage does not have the effect of reinforcing traditional attitudes and stereotypes regarding the role of women in society and their aspirations and preferences, including those relating to household and family responsibilities.

Article 2. Domestic workers. Equal remuneration for men and women for work of equal value. Minimum wage. The Committee recalls that domestic workers, the majority of whom are women, are excluded from the scope of the Labour Code of 1946 (section 7(1)) and, consequently, the provisions of sections 44 et seq. on the minimum wage do not apply to them. It also recalls that a standard employment contract for foreign domestic workers was adopted in 2009, under which the employer must pay a monthly salary to be agreed upon by both parties. In its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government only indicates that domestic workers are governed by the Code of Obligations and Contracts, that the bill applicable to this category of workers is still being drafted and that a Bill on the application of the Domestic Workers Convention, 2011 (No. 189), is being prepared. The Committee therefore once again requests the Government to indicate whether providing for a minimum wage in the Bill on the employment of domestic workers is envisaged. Pending the adoption of the Bill, the Committee once again requests the Government to provide information on any legal or practical measures taken or contemplated to ensure that the principle of equal remuneration for men and women for work of equal value also applies to domestic workers. The Government is also once again requested to indicate any measures adopted, in cooperation with the social partners, to inform employers that, when wages and additional emoluments for domestic workers are fixed, domestic work usually carried out by women must not be undervalued as a result of gender stereotypes in comparison to domestic work usually carried out by men and that, more generally, domestic work must not be undervalued in comparison to other types of work. Lastly, the Committee once again asks the Government to take steps to collect and send data, disaggregated by sex, on the number of men and women domestic workers and their wages.

Application in the public service. In its previous comments, the Committee highlighted the low representation of women in better paid positions in the public service. The Committee welcomes the recent statistical data disaggregated by sex communicated by the Government on the composition of the workforce in public bodies (2016), according to which 43.3 per cent of public administration officials were women, of which 25.4 per cent were in the highest category of the hierarchy. Nevertheless, the Committee notes that the report does not contain any information on the remuneration of men and women in the public service. The Committee recalls that, in the public service, inequalities of remuneration may exist, despite the existence of categories of staff and pay scales, owing to the criteria used to classify posts, undervaluation of the tasks carried out mainly by women or even inequalities in the payment of certain benefits (bonuses, benefits, allowances, etc.) to which men and women do not have equal access in law or in practice. The Committee requests the Government to take the necessary steps to encourage the employment of women in posts in the higher categories of the public service and to ensure that men and women in the administration have equal access to allowances and benefits which, within the meaning of the Convention, form an integral part of remuneration. The Government is also requested to collect and provide information on the remuneration of men and women in the public service and on any analysis of gender pay gaps.

Article 3. Objective job evaluation. The Committee notes that, despite its repeated requests, the Government’s report still does not contain any information on this point. The Committee is therefore bound to once again request the Government to explain in detail the methods and criteria used to determine pay levels within the new job classification system 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 again asks the Government to provide information on the steps taken, in cooperation with workers’ and employers’ organizations, to ensure that the methods and criteria used by private employers to establish job descriptions and determine the corresponding pay structure are free from gender bias and do not undervalue tasks performed by women.

Repetition

Articles 1 and 2 of the Convention. Gender pay gap. The Committee recalls its previous comments in which it noted that, according to statistics published in October 2011 by the Central Statistics Office, in 2007 the gender pay gap was an estimated 6.2 per cent in services; 10.8 per cent in commerce; 21 per cent in agriculture; 23.8 per cent in manufacturing; and 38 per cent in transport and communications. In the absence of updated information in this regard in the Government’s report, the Committee once again requests it to take the necessary steps to gather, analyse and communicate data on the remuneration of men and women and wage gaps in the different sectors of economic activity, including the public sector, and for different professional categories. The Committee once again requests the Government to adopt specific measures to rectify gender pay gaps, including raising awareness among employers, workers and their organizations of the principle of equal remuneration for men and women for work of equal value, and to provide information on any action taken to this end and on any obstacles encountered.

Article 2. Legislation. Equal remuneration for men and women for work of equal value. For more than 40 years the Committee has been requesting the Government to ensure that the principle of equal remuneration for men and women for work of equal value is given full legal expression. The Committee notes with regret that the Government’s report merely indicates that the new draft Labour Code is still under examination. The Committee is therefore bound to urge the Government to ensure that the draft Labour Code gives full legal expression to the principle of equal remuneration for men and women for work of equal value, in order to facilitate a broad scope of comparison encompassing not only equal or similar work, but also work of an entirely different nature that is of equal value overall. Expressing the firm hope that the Government will be in a position to report progress on this matter in the near future, the Committee asks the Government to provide a copy of the relevant provisions when they have been adopted.

Repetition

Article 1(a) of the Convention. Payment of employment benefits. Family allowances. For a number of years the Committee has been emphasizing that, when both husband and wife are entitled to family allowances, these are still paid primarily to the husband if he works, and it has been asking the Government to change this practice. The Committee welcomes the communication by the Government of a draft amendment to section 47(1)(a) of the Social Security Act aimed at allowing both working fathers and mothers to receive family allowances, provided that they no longer collect them from other public bodies. The Committee requests the Government to take the necessary steps to enable the adoption of the amendment to the Social Security Act in order to allow women workers to be treated on an equal footing to men with regard to the payment of family allowances. The Government is requested to provide information on the progress of this draft amendment and to provide a copy of the text once it is adopted.

Severance pay in the event of marriage. The Committee recalls that the principle of the Convention applies to remuneration as defined by the Convention, that is to say not only the basic salary but also any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. In this regard, the Committee recalls that it has previously asked the Government to amend the Labour Code and section 50 of the Social Security Act, which provide for severance (or end-of-service) pay for women who resign upon marriage. For several years, the Government indicated that this issue was covered by the new draft Labour Code. Nevertheless, the Committee notes that the Government’s report does not contain any information in this regard. The Committee is therefore bound to repeat its request to the Government to ensure that the new Labour Code gives men and women equal entitlement to severance pay and that section 50 of the Social Security Act is consequently amended. Meanwhile, the Committee once again requests the Government to ensure that the application in practice of this provision on severance pay in the event of marriage does not have the effect of reinforcing traditional attitudes and stereotypes regarding the role of women in society and their aspirations and preferences, including those relating to household and family responsibilities.

Article 2. Domestic workers. Equal remuneration for men and women for work of equal value. Minimum wage. The Committee recalls that domestic workers, the majority of whom are women, are excluded from the scope of the Labour Code of 1946 (section 7(1)) and, consequently, the provisions of sections 44 et seq. on the minimum wage do not apply to them. It also recalls that a standard employment contract for foreign domestic workers was adopted in 2009, under which the employer must pay a monthly salary to be agreed upon by both parties. In its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government only indicates that domestic workers are governed by the Code of Obligations and Contracts, that the bill applicable to this category of workers is still being drafted and that a Bill on the application of the Domestic Workers Convention, 2011 (No. 189), is being prepared. The Committee therefore once again requests the Government to indicate whether providing for a minimum wage in the Bill on the employment of domestic workers is envisaged. Pending the adoption of the Bill, the Committee once again requests the Government to provide information on any legal or practical measures taken or contemplated to ensure that the principle of equal remuneration for men and women for work of equal value also applies to domestic workers. The Government is also once again requested to indicate any measures adopted, in cooperation with the social partners, to inform employers that, when wages and additional emoluments for domestic workers are fixed, domestic work usually carried out by women must not be undervalued as a result of gender stereotypes in comparison to domestic work usually carried out by men and that, more generally, domestic work must not be undervalued in comparison to other types of work. Lastly, the Committee once again asks the Government to take steps to collect and send data, disaggregated by sex, on the number of men and women domestic workers and their wages.

Application in the public service. In its previous comments, the Committee highlighted the low representation of women in better paid positions in the public service. The Committee welcomes the recent statistical data disaggregated by sex communicated by the Government on the composition of the workforce in public bodies (2016), according to which 43.3 per cent of public administration officials were women, of which 25.4 per cent were in the highest category of the hierarchy. Nevertheless, the Committee notes that the report does not contain any information on the remuneration of men and women in the public service. The Committee recalls that, in the public service, inequalities of remuneration may exist, despite the existence of categories of staff and pay scales, owing to the criteria used to classify posts, undervaluation of the tasks carried out mainly by women or even inequalities in the payment of certain benefits (bonuses, benefits, allowances, etc.) to which men and women do not have equal access in law or in practice. The Committee requests the Government to take the necessary steps to encourage the employment of women in posts in the higher categories of the public service and to ensure that men and women in the administration have equal access to allowances and benefits which, within the meaning of the Convention, form an integral part of remuneration. The Government is also requested to collect and provide information on the remuneration of men and women in the public service and on any analysis of gender pay gaps.

Article 3. Objective job evaluation. The Committee notes that, despite its repeated requests, the Government’s report still does not contain any information on this point. The Committee is therefore bound to once again request the Government to explain in detail the methods and criteria used to determine pay levels within the new job classification system 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 again asks the Government to provide information on the steps taken, in cooperation with workers’ and employers’ organizations, to ensure that the methods and criteria used by private employers to establish job descriptions and determine the corresponding pay structure are free from gender bias and do not undervalue tasks performed by women.

Repetition

Articles 1 and 2 of the Convention. Gender pay gap. The Committee recalls its previous comments in which it noted that, according to statistics published in October 2011 by the Central Statistics Office, in 2007 the gender pay gap was an estimated 6.2 per cent in services; 10.8 per cent in commerce; 21 per cent in agriculture; 23.8 per cent in manufacturing; and 38 per cent in transport and communications. In the absence of updated information in this regard in the Government’s report, the Committee once again requests it to take the necessary steps to gather, analyse and communicate data on the remuneration of men and women and wage gaps in the different sectors of economic activity, including the public sector, and for different professional categories. The Committee once again requests the Government to adopt specific measures to rectify gender pay gaps, including raising awareness among employers, workers and their organizations of the principle of equal remuneration for men and women for work of equal value, and to provide information on any action taken to this end and on any obstacles encountered.

Article 2. Legislation. Equal remuneration for men and women for work of equal value. For more than 40 years the Committee has been requesting the Government to ensure that the principle of equal remuneration for men and women for work of equal value is given full legal expression. The Committee notes with regret that the Government’s report merely indicates that the new draft Labour Code is still under examination. The Committee is therefore bound to urge the Government to ensure that the draft Labour Code gives full legal expression to the principle of equal remuneration for men and women for work of equal value, in order to facilitate a broad scope of comparison encompassing not only equal or similar work, but also work of an entirely different nature that is of equal value overall. Expressing the firm hope that the Government will be in a position to report progress on this matter in the near future, the Committee asks the Government to provide a copy of the relevant provisions when they have been adopted.

Repetition

Article 1(a) of the Convention. Payment of employment benefits. Family allowances. For a number of years the Committee has been emphasizing that, when both husband and wife are entitled to family allowances, these are still paid primarily to the husband if he works, and it has been asking the Government to change this practice. The Committee welcomes the communication by the Government of a draft amendment to section 47(1)(a) of the Social Security Act aimed at allowing both working fathers and mothers to receive family allowances, provided that they no longer collect them from other public bodies. The Committee requests the Government to take the necessary steps to enable the adoption of the amendment to the Social Security Act in order to allow women workers to be treated on an equal footing to men with regard to the payment of family allowances. The Government is requested to provide information on the progress of this draft amendment and to provide a copy of the text once it is adopted.

Severance pay in the event of marriage. The Committee recalls that the principle of the Convention applies to remuneration as defined by the Convention, that is to say not only the basic salary but also any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. In this regard, the Committee recalls that it has previously asked the Government to amend the Labour Code and section 50 of the Social Security Act, which provide for severance (or end-of-service) pay for women who resign upon marriage. For several years, the Government indicated that this issue was covered by the new draft Labour Code. Nevertheless, the Committee notes that the Government’s report does not contain any information in this regard. The Committee is therefore bound to repeat its request to the Government to ensure that the new Labour Code gives men and women equal entitlement to severance pay and that section 50 of the Social Security Act is consequently amended. Meanwhile, the Committee once again requests the Government to ensure that the application in practice of this provision on severance pay in the event of marriage does not have the effect of reinforcing traditional attitudes and stereotypes regarding the role of women in society and their aspirations and preferences, including those relating to household and family responsibilities.

Article 2. Domestic workers. Equal remuneration for men and women for work of equal value. Minimum wage. The Committee recalls that domestic workers, the majority of whom are women, are excluded from the scope of the Labour Code of 1946 (section 7(1)) and, consequently, the provisions of sections 44 et seq. on the minimum wage do not apply to them. It also recalls that a standard employment contract for foreign domestic workers was adopted in 2009, under which the employer must pay a monthly salary to be agreed upon by both parties. In its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government only indicates that domestic workers are governed by the Code of Obligations and Contracts, that the bill applicable to this category of workers is still being drafted and that a Bill on the application of the Domestic Workers Convention, 2011 (No. 189), is being prepared. The Committee therefore once again requests the Government to indicate whether providing for a minimum wage in the Bill on the employment of domestic workers is envisaged. Pending the adoption of the Bill, the Committee once again requests the Government to provide information on any legal or practical measures taken or contemplated to ensure that the principle of equal remuneration for men and women for work of equal value also applies to domestic workers. The Government is also once again requested to indicate any measures adopted, in cooperation with the social partners, to inform employers that, when wages and additional emoluments for domestic workers are fixed, domestic work usually carried out by women must not be undervalued as a result of gender stereotypes in comparison to domestic work usually carried out by men and that, more generally, domestic work must not be undervalued in comparison to other types of work. Lastly, the Committee once again asks the Government to take steps to collect and send data, disaggregated by sex, on the number of men and women domestic workers and their wages.

Application in the public service. In its previous comments, the Committee highlighted the low representation of women in better paid positions in the public service. The Committee welcomes the recent statistical data disaggregated by sex communicated by the Government on the composition of the workforce in public bodies (2016), according to which 43.3 per cent of public administration officials were women, of which 25.4 per cent were in the highest category of the hierarchy. Nevertheless, the Committee notes that the report does not contain any information on the remuneration of men and women in the public service. The Committee recalls that, in the public service, inequalities of remuneration may exist, despite the existence of categories of staff and pay scales, owing to the criteria used to classify posts, undervaluation of the tasks carried out mainly by women or even inequalities in the payment of certain benefits (bonuses, benefits, allowances, etc.) to which men and women do not have equal access in law or in practice. The Committee requests the Government to take the necessary steps to encourage the employment of women in posts in the higher categories of the public service and to ensure that men and women in the administration have equal access to allowances and benefits which, within the meaning of the Convention, form an integral part of remuneration. The Government is also requested to collect and provide information on the remuneration of men and women in the public service and on any analysis of gender pay gaps.

Article 3. Objective job evaluation. The Committee notes that, despite its repeated requests, the Government’s report still does not contain any information on this point. The Committee is therefore bound to once again request the Government to explain in detail the methods and criteria used to determine pay levels within the new job classification system 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 again asks the Government to provide information on the steps taken, in cooperation with workers’ and employers’ organizations, to ensure that the methods and criteria used by private employers to establish job descriptions and determine the corresponding pay structure are free from gender bias and do not undervalue tasks performed by women.

Repetition

Articles 1 and 2 of the Convention. Gender pay gap. The Committee recalls its previous comments in which it noted that, according to statistics published in October 2011 by the Central Statistics Office, in 2007 the gender pay gap was an estimated 6.2 per cent in services; 10.8 per cent in commerce; 21 per cent in agriculture; 23.8 per cent in manufacturing; and 38 per cent in transport and communications. In the absence of updated information in this regard in the Government’s report, the Committee once again requests it to take the necessary steps to gather, analyse and communicate data on the remuneration of men and women and wage gaps in the different sectors of economic activity, including the public sector, and for different professional categories. The Committee once again requests the Government to adopt specific measures to rectify gender pay gaps, including raising awareness among employers, workers and their organizations of the principle of equal remuneration for men and women for work of equal value, and to provide information on any action taken to this end and on any obstacles encountered.

Article 2. Legislation. Equal remuneration for men and women for work of equal value. For more than 40 years the Committee has been requesting the Government to ensure that the principle of equal remuneration for men and women for work of equal value is given full legal expression. The Committee notes with regret that the Government’s report merely indicates that the new draft Labour Code is still under examination. The Committee is therefore bound to urge the Government to ensure that the draft Labour Code gives full legal expression to the principle of equal remuneration for men and women for work of equal value, in order to facilitate a broad scope of comparison encompassing not only equal or similar work, but also work of an entirely different nature that is of equal value overall. Expressing the firm hope that the Government will be in a position to report progress on this matter in the near future, the Committee asks the Government to provide a copy of the relevant provisions when they have been adopted.

Repetition

Article 1(a) of the Convention. Payment of employment benefits (family allowances). For a number of years the Committee has noted the fact that, where both husband and wife are entitled to family allowances, these are still paid primarily to the husband if he works. While noting the Government’s indication that family allowances can be paid to the wife if they are not paid to her husband, the Committee draws the Government’s attention to the possibility of allowing both spouses to choose which of them should receive the family allowances, rather than working on the principle that the latter should be paid systematically to the husband. The Committee asks the Government to indicate the measures taken or contemplated to ensure that the National Social Security Fund changes its practice with regard to the payment of family allowances so that women receive equal treatment to men in this respect.

Severance pay in the event of marriage. The Committee recalls that it previously asked the Government to amend section 72(1) of the draft Labour Code and section 50 of the Social Security Act, which provided for severance pay for women upon marriage. The Committee notes the Government’s statement reaffirming that the new draft Labour Code covers the question of severance pay in the event of marriage and stipulates gender equality in this respect. The Committee trusts that the new Labour Code will give men and women equal entitlement to severance pay and strongly hopes that the Government will be in a position to report on progress in this respect in the near future. It again asks the Government to ensure that the application in practice of this provision regarding severance pay in the event of marriage 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 scope of the Labour Code of 1946 (section 7(1)) and from the provisions on the minimum wage (section 44). A standard employment contract for foreign domestic workers, which provides for payment by the employer of a monthly salary to be agreed upon by both parties, was adopted in 2009. The Government indicates once again that a bill concerning the employment of domestic workers is being drafted and that the collection of statistics on the number of domestic workers will take some time. The Committee recalls that the fixing of minimum wages can constitute an important means for applying the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to indicate whether any consideration is being given to provide for a minimum wage in the Bill concerning the employment of domestic workers. It asks the Government once again to provide information on the legal and practical measures taken or envisaged to ensure that the principle of equal remuneration for work of equal value also applies to domestic workers. The Government is also requested to indicate any measures taken, in cooperation with the social partners, to inform employers that, when wages and additional allowances for domestic workers are determined, domestic work usually done by women must not be undervalued as a result of gender stereotypes by comparison with domestic work usually done by men and that, more generally, domestic work must not be undervalued by comparison with other types of work. Lastly, the Committee asks the Government to take steps to collect and send data, disaggregated by sex, on the number of men and women domestic workers and their wages.

Application of the principle in the public service. In its previous comments, the Committee highlighted the low representation of women in better paid positions in the public service and noted the recommendation made in 2010 by the Council of Ministers to establish a quota for women in the top category of the public service. The Government’s report does not contain any new information on this point, only indicating that salaries are identical in the public service, regardless of whether the post is occupied by a man or a woman. The Committee would point out to the Government that the adoption and application of salary scales in the public service without any distinction as to sex is not sufficient to rule out any gender-based pay discrimination. Such discrimination may stem from criteria adopted for classifying posts, undervaluation of the tasks accomplished largely by women or inequalities connected with additional payments (bonuses, benefits, allowances, etc.) whenever men and women do not have equal access to the latter in law or in practice. The Government also indicates that it does not have statistics disaggregated by sex on the numbers of public servants and their respective categories and salaries. The Committee asks the Government to take the necessary steps to collect information on the distribution of men and women in the various categories and grades of the public service and their respective earnings. The Government is also requested to provide information on the measures taken to encourage the employment of women in posts in the higher categories of the public service and on the impact of such measures.

Article 3. Objective job evaluation. The Committee notes that the Government’s report does not contain any information on this point. The Committee again asks the Government to explain in detail the methods and criteria used to determine pay levels within the new job classification system 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 again asks the Government to provide information on the steps taken, in cooperation with workers’ and employers’ organizations, to ensure that the methods and criteria used by private employers to establish job descriptions and determine the corresponding pay structure are free from gender bias and do not undervalue tasks performed by women.

Repetition

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes that, according to the statistics published in October 2011 by the Central Statistics Office, the proportion of women in the active population was about 23 per cent (in 2009) and that in 2007 the gender pay gap was an estimated 6.2 per cent in services; 10.8 per cent in commerce; 21 per cent in agriculture; 23.8 per cent in manufacturing; and 38 per cent in transport and communications. The Committee recalls that it is particularly important to have complete, reliable and recent statistics on remuneration for men and women to formulate, implement and then evaluate the measures taken to eliminate pay gaps. With regard to wages in the private sector, the Government indicates that it contacted the General Confederation of Lebanese Workers (CGTL), the Association of Lebanese Industrialists (ALI) and the Association of Lebanese Business Leaders (RDCL) to obtain information on wages and any pay gap between men and women. The Committee asks the Government to take the necessary steps to gather, analyse and communicate such data in the various sectors of economic activity, including the public sector, and for the various occupational categories. The Committee also asks the Government to take specific measures to rectify gender pay gaps, including raising awareness among employers, workers and their organizations of the principle of equal remuneration for men and women for work of equal value, and to provide information on any action taken to this end and on any obstacles encountered.

Article 2. Legislation. For several years, the Committee has been asking the Government to give full legal expression to the principle of equal remuneration for men and women for work of equal value. The Government indicates in its report that the Committee’s comments will be forwarded to the commission responsible for reviewing the legislation and working methods and that the new draft Labour Code (section 14) already reflects the Committee’s concerns. While noting this information, the Committee asks the Government to ensure that the draft Labour Code explicitly reflects the principle of equal remuneration for men and women for work of equal value, with a view to permitting a broad scope of comparison encompassing not only equal or similar work, but also work of an entirely different nature performed by men and women. Hoping that the Government will be in a position to report progress on this matter in the near future, the Committee asks the Government to provide a copy of the relevant provisions, once they have been adopted.

Repetition

Article 1(a) of the Convention. Payment of employment benefits (family allowances). For a number of years the Committee has noted the fact that, where both husband and wife are entitled to family allowances, these are still paid primarily to the husband if he works. While noting the Government’s indication that family allowances can be paid to the wife if they are not paid to her husband, the Committee draws the Government’s attention to the possibility of allowing both spouses to choose which of them should receive the family allowances, rather than working on the principle that the latter should be paid systematically to the husband. The Committee asks the Government to indicate the measures taken or contemplated to ensure that the National Social Security Fund changes its practice with regard to the payment of family allowances so that women receive equal treatment to men in this respect.

Severance pay in the event of marriage. The Committee recalls that it previously asked the Government to amend section 72(1) of the draft Labour Code and section 50 of the Social Security Act, which provided for severance pay for women upon marriage. The Committee notes the Government’s statement reaffirming that the new draft Labour Code covers the question of severance pay in the event of marriage and stipulates gender equality in this respect. The Committee trusts that the new Labour Code will give men and women equal entitlement to severance pay and strongly hopes that the Government will be in a position to report on progress in this respect in the near future. It again asks the Government to ensure that the application in practice of this provision regarding severance pay in the event of marriage 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 scope of the Labour Code of 1946 (section 7(1)) and from the provisions on the minimum wage (section 44). A standard employment contract for foreign domestic workers, which provides for payment by the employer of a monthly salary to be agreed upon by both parties, was adopted in 2009. The Government indicates once again that a bill concerning the employment of domestic workers is being drafted and that the collection of statistics on the number of domestic workers will take some time. The Committee recalls that the fixing of minimum wages can constitute an important means for applying the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to indicate whether any consideration is being given to provide for a minimum wage in the Bill concerning the employment of domestic workers. It asks the Government once again to provide information on the legal and practical measures taken or envisaged to ensure that the principle of equal remuneration for work of equal value also applies to domestic workers. The Government is also requested to indicate any measures taken, in cooperation with the social partners, to inform employers that, when wages and additional allowances for domestic workers are determined, domestic work usually done by women must not be undervalued as a result of gender stereotypes by comparison with domestic work usually done by men and that, more generally, domestic work must not be undervalued by comparison with other types of work. Lastly, the Committee asks the Government to take steps to collect and send data, disaggregated by sex, on the number of men and women domestic workers and their wages.

Application of the principle in the public service. In its previous comments, the Committee highlighted the low representation of women in better paid positions in the public service and noted the recommendation made in 2010 by the Council of Ministers to establish a quota for women in the top category of the public service. The Government’s report does not contain any new information on this point, only indicating that salaries are identical in the public service, regardless of whether the post is occupied by a man or a woman. The Committee would point out to the Government that the adoption and application of salary scales in the public service without any distinction as to sex is not sufficient to rule out any gender-based pay discrimination. Such discrimination may stem from criteria adopted for classifying posts, undervaluation of the tasks accomplished largely by women or inequalities connected with additional payments (bonuses, benefits, allowances, etc.) whenever men and women do not have equal access to the latter in law or in practice. The Government also indicates that it does not have statistics disaggregated by sex on the numbers of public servants and their respective categories and salaries. The Committee asks the Government to take the necessary steps to collect information on the distribution of men and women in the various categories and grades of the public service and their respective earnings. The Government is also requested to provide information on the measures taken to encourage the employment of women in posts in the higher categories of the public service and on the impact of such measures.

Article 3. Objective job evaluation. The Committee notes that the Government’s report does not contain any information on this point. The Committee again asks the Government to explain in detail the methods and criteria used to determine pay levels within the new job classification system 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 again asks the Government to provide information on the steps taken, in cooperation with workers’ and employers’ organizations, to ensure that the methods and criteria used by private employers to establish job descriptions and determine the corresponding pay structure are free from gender bias and do not undervalue tasks performed by women.

Repetition

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes that, according to the statistics published in October 2011 by the Central Statistics Office, the proportion of women in the active population was about 23 per cent (in 2009) and that in 2007 the gender pay gap was an estimated 6.2 per cent in services; 10.8 per cent in commerce; 21 per cent in agriculture; 23.8 per cent in manufacturing; and 38 per cent in transport and communications. The Committee recalls that it is particularly important to have complete, reliable and recent statistics on remuneration for men and women to formulate, implement and then evaluate the measures taken to eliminate pay gaps. With regard to wages in the private sector, the Government indicates that it contacted the General Confederation of Lebanese Workers (CGTL), the Association of Lebanese Industrialists (ALI) and the Association of Lebanese Business Leaders (RDCL) to obtain information on wages and any pay gap between men and women. The Committee asks the Government to take the necessary steps to gather, analyse and communicate such data in the various sectors of economic activity, including the public sector, and for the various occupational categories. The Committee also asks the Government to take specific measures to rectify gender pay gaps, including raising awareness among employers, workers and their organizations of the principle of equal remuneration for men and women for work of equal value, and to provide information on any action taken to this end and on any obstacles encountered.

Article 2. Legislation. For several years, the Committee has been asking the Government to give full legal expression to the principle of equal remuneration for men and women for work of equal value. The Government indicates in its report that the Committee’s comments will be forwarded to the commission responsible for reviewing the legislation and working methods and that the new draft Labour Code (section 14) already reflects the Committee’s concerns. While noting this information, the Committee asks the Government to ensure that the draft Labour Code explicitly reflects the principle of equal remuneration for men and women for work of equal value, with a view to permitting a broad scope of comparison encompassing not only equal or similar work, but also work of an entirely different nature performed by men and women. Hoping that the Government will be in a position to report progress on this matter in the near future, the Committee asks the Government to provide a copy of the relevant provisions, once they have been adopted.

Repetition

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 benefiting 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.

Repetition

Legislation. For a number of years the Committee has been asking the Government to give full legal expression to the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that section 56 of the draft Labour Code now provides that “the principle of equal remuneration for men and women shall apply without discrimination for work of equal value i.e. equal, the same or similar work. Discrimination shall be prohibited not be allowed if the work is different, even if it is of equal value”. The Committee recalls that the concept of “work of equal value” implies a broad scope of comparison including but going beyond equal remuneration for “equal”, “the same”, or “similar work”, and encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee considers that in referring to “equal, the same and similar work”, the wording of the draft provision continues to lack clarity as to whether it would allow a comparison to be made between work performed by men and women containing entirely different types of tasks, skills, responsibilities or working conditions. The Committee asks the Government to address the ambiguity in section 56 of the draft Labour Code with a view to ensuring that it permits a broad scope of comparison also encompassing work performed by men and women that is of an entirely different nature, and giving full legislative expression to the principle of equal remuneration for men and women for work of equal value.

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