Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the explanations provided by the Government in reply to its previous comments. It notes, in particular, that the Government is in the process of finalizing the text of the new draft Labour Code incorporating also the technical comments prepared by the International Labour Office. The Committee hopes that the revision of the Labour Code will be completed shortly and asks the Government to forward a copy of the new legislation as soon as it is adopted.

Articles 1 and 2 of the Convention. Coverage and binding force of the minimum wage. The Committee notes with interest the Government’s indication that, under the new draft Labour Code prepared by the tripartite committee set up by virtue of Order No. 210/1 of 21 December 2000, the minimum wage will be applicable to all male and female workers who have reached 18 years of age, as contrasted to 20 years of age provided for in the legislation currently in force. The Committee notes, however, that no progress has been made as regards the broadening of the scope of the minimum wage legislation in order to cover domestic and agricultural workers on which the Committee has been commenting for a number of years. The Committee understands that foreign domestic workers in particular are often victims of abusive labour practices, including the non-payment of wages or payment of unfairly low wages, and would therefore appear to be most in need of protection in respect of permissible pay rates. Recalling that in its previous report the Government had indicated that the new draft Labour Code provided for special regulations to be issued in respect of domestic and agricultural workers, the Committee requests the Government to communicate detailed information on any developments in this regard.

Articles 3 and 4. Review and adjustment of minimum wages. The Committee notes the information provided by the Government that the Council of Ministers determine the minimum wage upon receiving a report prepared by a tripartite committee on the cost of living index. The Government adds that the role of that tripartite committee on the cost of living index is restricted to the collection of data and statistics on the evolution of the cost of living and price fluctuations. In fact, under section 2 of Order No. 426 of 8 August 1981 establishing the tripartite committee on the cost of living index, this consultative body is only responsible for studying the evolution of prices, monitoring the rise in the cost of living and making proposals and recommendations to limit price rises and the high cost of living. The Committee observes, in this respect, that the Convention requires full consultations with and direct participation of the social partners at all stages of the minimum wage fixing process, which necessarily implies that representative organizations of employers and workers concerned should be given a genuine opportunity to express their views on minimum wage levels and possible pay increases. It accordingly asks the Government to specify how it is ensured in law and practice that the participation of employers’ and workers’ organizations in the operation of the minimum wage fixing machinery is not limited to data collection and that these organizations are duly consulted on the actual readjustment of minimum pay levels.

In addition, the Committee notes that the Government approved in September 2008 the increase of the monthly minimum wage from 300,000 Lebanese pounds (LBP) to LBP500,000 (approximately US$333). In this connection, it understands that the General Labour Confederation (GLC) recently campaigned for the minimum wage to be raised to LBP960,000 (approximately US$645) considering that from 2006 to 2007 the cost of living has increased by 15 per cent, and also that 40 per cent of the population experience difficulties as they are confronted with stagnating income and prices of most commodities that have tripled in the same period. The Committee requests the Government to provide a copy of the legal text establishing the new monthly minimum wage. It would also appreciate receiving additional information concerning the factors which were taken into consideration in readjusting the minimum wage and the form and content of any consultations that may have been held with the social partners to this end.

Article 5 and Part V of the report form. The Committee would appreciate if the Government would continue to supply up to date information on the practical application of the Convention, including, for instance, the approximate number of workers remunerated at the minimum wage rate, comparative statistics on the evolution of minimum wage and the consumer price index in recent years, extracts from reports of the labour inspection services showing the number of infringements of the minimum wage legislation observed and sanctions imposed, copies of official documents or studies on minimum wage policy, etc.