Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

1. The Committee notes the Government's report and the information supplied to the effect that the final version of the draft to amend the 1946 Labour Code, which has been submitted to the competent authorities for examination and approval, abides by the spirit of ratified ILO Conventions. The Committee would be grateful if the Government would supply a copy of the draft amendment to the Code and, as soon as possible, the final text as adopted to enable it to evaluate the progress made in applying the Convention.

2. The Committee again takes due note of the reference in the Government's report to section 1 of Act No. 36/67 of 1967 fixing the minimum official wage, applicable to all wage-earners without distinction of sex. It also notes that, according to section 7 of the Act, conflict arising from its application, including cases still before the courts, are decided by the Labour Arbitration Councils provided in Act No. 12/65 of 1965 and that, in reply to a request from the Committee on this point, the Government states that these Councils have received no complaints on matters related to wage discrimination on the basis of sex. Since the Government affirms that this Act is more favourable than the Convention in regard to equality between men and women, the Committee requests the Government to supply information for the purpose of clarifying that the flexibility of Article 2, paragraph 2, of the Convention applies to any system for fixing remuneration. The Committee reminds the Government that according to Article 1(a), the term remuneration includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker. Act No. 36/67 therefore partly applies the principle of the Convention, in regard to the part of remuneration corresponding to the minimum official wage. The Committee recalls that the Government indicated previously that equal remuneration is ensured because, for remuneration higher than the minimum wage in the public sector, the salary is fixed for each job or occupation regardless of the person who holds it. The Committee holds the view that for more complete application of the Convention, provisions should guarantee equality between men and women for all the other elements of "remuneration", understood within the meaning of the Convention. The Committee would be grateful if the Government would supply in its next report the information available (legislative, regulatory or administrative texts, statistical or other data) allowing it to evaluate, in the light of this information, application of the principle of the Convention.

3. The Committee notes that the Government's report repeats the information already supplied to the effect that workers who are not covered by the Labour Code (including domestic workers and workers in farm corporations) are covered for equal remuneration by the 1943 Act on contracts and obligations. The Committee notes that the Government's indications in this respect relate to the principle of freedom to enter into a contract. The Committee once again requests the Government to supply a copy of this text and to indicate how the principle of the Convention is applied in practice in regard to these categories of workers.

4. The Committee requests the Government to supply with its next report statistical information on the disaggregation by sex of wage-earners in private and public companies, indicating the different levels of remuneration by job category and level of qualification. It also requests the Government to supply a copy of the salary scale laid down by the collective agreement concluded between the social partners in the American Hospital in Beirut to which it refers in its report.