Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Other comments on C100

Observation

Direct Request

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The Committee notes with deep concern that the Government’s report, which has been due since 2019, has not been received. In light of the urgent appeal made to the Government in 2021, the Committee is proceeding with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(a) of the Convention. Payment of employment benefits. Family allowances. The Committee recalls that the principle of the Convention applies to remuneration as defined by the Convention, that is not only the basic wage, 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. The Committee notes, as it has been doing for many years, that when both the husband and the wife are entitled to family allowances, they are still paid primarily to the husband if he works, and it has been requesting the Government to change this practice. It previously noted that a draft amendment to section 47(i)(a) of the Social Security Code had been communicated by the Government which was aimed at allowing both working fathers and mothers to receive family allowances. In the absence of further information on this point, the Committee once again requests the Government to:

(i)take the necessary measures for the adoption of the amendment to the Social Security Code so that women workers can be treated on an equal footing with men with regard to the payment of family allowances; and
(ii)provide a copy of the new text when it has been adopted. It also requests the Government to examine the possibility of allowing spouses to choose which of them should receive family allowances, rather than starting from the position that they are to be systematically paid to the father.

Severance pay in the event of marriage. The Committee recalls that it previously requested the Government to amend the Labour Code and section 50 of the Social Security Code, which provide for severance (or end-of-service) pay for women who leave their employment upon marriage. Not having received any further information in this regard, the Committee is 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 to amend section 50 of the Social Security Code accordingly. In the meantime, it 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 constitute an obstacle to the recruitment of women or 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 family responsibilities.

Article 2(2)(b). Men and women 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. In its 2012 General Survey on the fundamental Conventions, the Committee notes that “[a]s women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap” (paragraph 683). With reference to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), relating to the situation of domestic workers, the Committee notes that a new model contract is currently under preparation. Recalling that the Government referred some years ago to the existence of a Bill on the employment of domestic workers, the Committee requests the Government to indicate whether such a Bill is still under examination and, if so, whether it is planned to include provisions on the minimum wage. It also requests the Government to consider the inclusion of domestic workers within the scope of application of the future Labour Code, which is still being drawn up, and to provide information in this respect.

While awaiting the adoption of these texts, it once again requests the Government to provide information on any legal or practical measures adopted or envisaged, in collaboration with the social partners, to:

(i)ensure that the principle of equal remuneration for men and women for work of equal value also applies to domestic workers; and
(ii)inform employers that, when wages and additional emoluments are fixed for domestic workers, domestic work that is usually carried out by women must not be undervalued in comparison with the work usually carried out by men as a result of gender stereotypes and, more generally, domestic work must not be undervalued in comparison with other types of work.

Finally, the Committee once again requests the Government to take steps to collect and provide data, disaggregated by sex, on the number of men and women domestic workers and their wages.

Application of the Convention in the public service. The Committee recalls that it previously highlighted the low representation of women in higher level positions in the public service (25.4 per cent in 2016). In the absence of recent information in this regard, the Committee once again requests the Government to:

(i)take the necessary measures to encourage the access of women to 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; and
(ii)collect and provide information on the remuneration of men and women and on any analysis of gender pay gaps in the public service.

Article 3. Objective job evaluation. The Committee recalls that job evaluation initiatives have shown that they can have a measurable effect on gender wage gaps. As it has no further information in this regard, the Committee is bound to reiterate its request to the Government to:

(i)explain in detail the methods and criteria used to determine pay levels within the new job classification system in the public administration, with an indication of how the undervaluation of so-called ‘female’ work and gendered stereotypes have been avoided; and
(ii)provide information on the measures taken, in collaboration with the social partners, 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 result in the work performed by women being undervalued.