Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Lebanon (RATIFICATION: 2000)

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 3(1) of the Convention. Policy designed to improve the working conditions of hotel and restaurant workers. In its previous comments, the Committee had recalled that this Article of the Convention specifically requires the Government to adopt and apply a policy designed to improve working conditions of the workers concerned. The Committee notes that the Government’s report contains no information on this matter.Therefore, the Committee requests the Government to provide information on any measure adopted or envisaged in order to initiate the process for the formulation of a national policy on hotel and restaurant workers, as required by the Convention.

Article 3(2). Social security coverage. In its previous comments, the Committee had recalled that a large percentage of workers employed in hotels, restaurants and similar undertakings covered by the Convention are seasonal workers. The Committee had noted the Government’s indication that the social security coverage of seasonal and temporary workers under the Social Security Act was subject to ministerial decrees which had not so far been promulgated.The Committee hopes that the relevant ministerial decrees will be adopted in the near future and requests the Government to provide information on any development in this respect.

Article 4(2) and (3). Reasonable hours of work and overtime. Reasonable minimum daily rest period. In its previous comments, the Committee had observed that Decrees No. 104/1 of 11 March 1967 and No. 126/1 of 30 March 1974 set limits of hours of work that are unreasonably higher than the general standard of a 48-hour working week set out in section 31 of the Labour Code and also provided by the Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), both ratified by Lebanon. The Committee had also noted that the abovementioned Decrees merely prescribed a maximum daily rest break and not a reasonable minimum rest period.The Committee hopes that all necessary measures will be taken to amend the abovementioned Decrees as indicated and to provide information on any development in this respect.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 3(1) of the Convention. Policy designed to improve the working conditions of hotel and restaurant workers. In its previous comments, the Committee had recalled that this Article of the Convention specifically requires the Government to adopt and apply a policy designed to improve working conditions of the workers concerned. The Committee notes that the Government’s report contains no information on this matter. Therefore, the Committee requests the Government to provide information on any measure adopted or envisaged in order to initiate the process for the formulation of a national policy on hotel and restaurant workers, as required by the Convention.

Article 3(2). Social security coverage. In its previous comments, the Committee had recalled that a large percentage of workers employed in hotels, restaurants and similar undertakings covered by the Convention are seasonal workers. The Committee had noted the Government’s indication that the social security coverage of seasonal and temporary workers under the Social Security Act was subject to ministerial decrees which had not so far been promulgated. The Committee hopes that the relevant ministerial decrees will be adopted in the near future and requests the Government to provide information on any development in this respect.

Article 4(2) and (3). Reasonable hours of work and overtime. Reasonable minimum daily rest period. In its previous comments, the Committee had observed that Decrees No. 104/1 of 11 March 1967 and No. 126/1 of 30 March 1974 set limits of hours of work that are unreasonably higher than the general standard of a 48-hour working week set out in section 31 of the Labour Code and also provided by the Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), both ratified by Lebanon. The Committee had also noted that the abovementioned Decrees merely prescribed a maximum daily rest break and not a reasonable minimum rest period. The Committee hopes that all necessary measures will be taken to amend the abovementioned Decrees as indicated and to provide information on any development in this respect.

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The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3(1) of the Convention. Policy designed to improve the working conditions of hotel and restaurant workers. In its previous comments, the Committee had recalled that this Article of the Convention specifically requires the Government to adopt and apply a policy designed to improve working conditions of the workers concerned. The Committee notes that the Government’s report contains no information on this matter. Therefore, the Committee requests the Government to provide information on any measure adopted or envisaged in order to initiate the process for the formulation of a national policy on hotel and restaurant workers, as required by the Convention.

Article 3(2). Social security coverage. In its previous comments, the Committee had recalled that a large percentage of workers employed in hotels, restaurants and similar undertakings covered by the Convention are seasonal workers. The Committee had noted the Government’s indication that the social security coverage of seasonal and temporary workers under the Social Security Act was subject to ministerial decrees which had not so far been promulgated. The Committee hopes that the relevant ministerial decrees will be adopted in the near future and requests the Government to provide information on any development in this respect.

Article 4(2) and (3). Reasonable hours of work and overtime. Reasonable minimum daily rest period. In its previous comments, the Committee had observed that Decrees No. 104/1 of 11 March 1967 and No. 126/1 of 30 March 1974 set limits of hours of work that are unreasonably higher than the general standard of a 48-hour working week set out in section 31 of the Labour Code and also provided by the Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), both ratified by Lebanon. The Committee had also noted that the abovementioned Decrees merely prescribed a maximum daily rest break and not a reasonable minimum rest period. The Committee hopes that all necessary measures will be taken to amend the abovementioned Decrees as indicated and to provide information on any development in this respect.

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3(1) of the Convention. Policy designed to improve the working conditions of hotel and restaurant workers. In its previous comments, the Committee had recalled that this Article of the Convention specifically requires the Government to adopt and apply a policy designed to improve working conditions of the workers concerned. The Committee notes that the Government’s report contains no information on this matter. Therefore, the Committee requests the Government to provide information on any measure adopted or envisaged in order to initiate the process for the formulation of a national policy on hotel and restaurant workers, as required by the Convention.

Article 3(2). Social security coverage. In its previous comments, the Committee had recalled that a large percentage of workers employed in hotels, restaurants and similar undertakings covered by the Convention are seasonal workers. The Committee had noted the Government’s indication that the social security coverage of seasonal and temporary workers under the Social Security Act was subject to ministerial decrees which had not so far been promulgated. The Committee hopes that the relevant ministerial decrees will be adopted in the near future and requests the Government to provide information on any development in this respect.

Article 4(2) and (3). Reasonable hours of work and overtime. Reasonable minimum daily rest period. In its previous comments, the Committee had observed that Decrees No. 104/1 of 11 March 1967 and No. 126/1 of 30 March 1974 set limits of hours of work that are unreasonably higher than the general standard of a 48-hour working week set out in section 31 of the Labour Code and also provided by the Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), both ratified by Lebanon. The Committee had also noted that the abovementioned Decrees merely prescribed a maximum daily rest break and not a reasonable minimum rest period. The Committee hopes that all necessary measures will be taken to amend the abovementioned Decrees as indicated and to provide information on any development in this respect.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 3(1) of the Convention. Policy designed to improve the working conditions of hotel and restaurant workers. In its previous comments, the Committee had recalled that this Article of the Convention specifically requires the Government to adopt and apply a policy designed to improve working conditions of the workers concerned. The Committee notes that the Government’s report contains no information on this matter. Therefore, the Committee requests the Government to provide information on any measure adopted or envisaged in order to initiate the process for the formulation of a national policy on hotel and restaurant workers, as required by the Convention.

Article 3(2). Social security coverage. In its previous comments, the Committee had recalled that a large percentage of workers employed in hotels, restaurants and similar undertakings covered by the Convention are seasonal workers. The Committee had noted the Government’s indication that the social security coverage of seasonal and temporary workers under the Social Security Act was subject to ministerial decrees which had not so far been promulgated. The Committee hopes that the relevant ministerial decrees will be adopted in the near future and requests the Government to provide information on any development in this respect.

Article 4(2) and (3). Reasonable hours of work and overtime. Reasonable minimum daily rest period. In its previous comments, the Committee had observed that Decrees No. 104/1 of 11 March 1967 and No. 126/1 of 30 March 1974 set limits of hours of work that are unreasonably higher than the general standard of a 48-hour working week set out in section 31 of the Labour Code and also provided by the Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), both ratified by Lebanon. The Committee had also noted that the abovementioned Decrees merely prescribed a maximum daily rest break and not a reasonable minimum rest period. The Committee hopes that all necessary measures will be taken to amend the abovementioned Decrees as indicated and to provide information on any development in this respect.

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Article 3(1) of the Convention. Policy designed to improve the working conditions of hotel and restaurant workers. In its previous comments, the Committee had recalled that this Article of the Convention specifically requires the Government to adopt and apply a policy designed to improve working conditions of the workers concerned. The Committee notes that the Government’s report contains no information on this matter. Therefore, the Committee requests the Government to provide information on any measure adopted or envisaged in order to initiate the process for the formulation of a national policy on hotel and restaurant workers, as required by the Convention.

Article 3(2). Social security coverage. In its previous comments, the Committee had recalled that a large percentage of workers employed in hotels, restaurants and similar undertakings covered by the Convention are seasonal workers. The Committee had noted the Government’s indication that the social security coverage of seasonal and temporary workers under the Social Security Act was subject to ministerial decrees which had not so far been promulgated. The Committee hopes that the relevant ministerial decrees will be adopted in the near future and requests the Government to provide information on any development in this respect.

Article 4(2) and (3). Reasonable hours of work and overtime. Reasonable minimum daily rest period. In its previous comments, the Committee had observed that Decrees No. 104/1 of 11 March 1967 and No. 126/1 of 30 March 1974 set limits of hours of work that are unreasonably higher than the general standard of a 48-hour working week set out in section 31 of the Labour Code and also provided by the Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), both ratified by Lebanon. The Committee had also noted that the abovementioned Decrees merely prescribed a maximum daily rest break and not a reasonable minimum rest period. The Committee hopes that all necessary measures will be taken to amend the abovementioned Decrees as indicated and to provide information on any development in this respect.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3(1) of the Convention. Policy designed to improve the working conditions of hotel and restaurant workers. Recalling that this Article of the Convention specifically requires to adopt and apply, in a manner appropriate to national law, conditions and practice, a policy designed to improve the working conditions of the workers concerned, the Committee requests the Government to take the necessary steps in order to initiate the process for the formulation of a national policy on hotel and restaurant workers.

Article 3(2). Social security coverage. The Committee notes the Government’s indication that the social security coverage of seasonal and temporary workers under the Social Security Act is subject to ministerial decrees which have not so far been promulgated. Recalling that a large percentage of workers employed in hotels, restaurants and similar undertakings covered by the Convention are seasonal workers, the Committee requests the Government to take all necessary action to regulate the social security entitlements of those workers.

Article 4(2). Reasonable hours of work and overtime. The Committee recalls its previous comment concerning Decrees No. 104/1 of 11 March 1967 and No. 126/1 of 30 March 1974 which fix the maximum weekly hours of work of those employed in hotels, restaurants, coffee shops, places of entertainment and bars to 63 hours and the maximum daily working hours to 12 hours. The Committee once again observes that these provisions do not clearly regulate the conditions and limits of overtime for the workers concerned and, in any case, set limits that are unreasonably higher than the general standard of a 48-hour working week set out in section 31 of the Labour Code and also prescribed by the ratified Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30). The Committee therefore requests the Government to consider the possibility of amending the existing legislative provisions regarding hours of work of workers in the hotel and catering sector. It also requests that, in considering such an amendment, the tripartite committee to which the Government refers in its report takes due account of all relevant comments made by this Committee so far.

Article 4(3). Reasonable minimum daily and weekly rest periods. The Committee notes the Government’s statement that section 36 of the Labour Code providing for the minimum weekly rest period of not less than 36 consecutive hours applies to workers covered by the Convention. With respect to minimum daily rest, however, the Government merely repeats the provisions of the abovementioned Decrees which only prescribe the maximum duration of the daily rest break. It therefore asks the Government to explain how the Convention is given effect as regards the requirement for a reasonable minimum daily rest period.

Article 5(3). Paid leave. The Committee notes the Government’s statement that workers are entitled to an allowance for annual or any other holidays he or she has not taken, regardless whether he or she has been dismissed or left work voluntarily.

Article 8. Implementation of the Convention. The Committee again requests the Government to provide copies of any collective agreements currently in force in the hotel and catering industry.

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Article 3, paragraph 1, of the Convention. Policy designed to improve the working conditions of hotel and restaurant workers. Recalling that this Article of the Convention specifically requires to adopt and apply, in a manner appropriate to national law, conditions and practice, a policy designed to improve the working conditions of the workers concerned, the Committee requests the Government to take the necessary steps in order to initiate the process for the formulation of a national policy on hotel and restaurant workers.

Article 3, paragraph 2. Social security coverage. The Committee notes the Government’s indication that the social security coverage of seasonal and temporary workers under the Social Security Act is subject to ministerial decrees which have not so far been promulgated. Recalling that a large percentage of workers employed in hotels, restaurants and similar undertakings covered by the Convention are seasonal workers, the Committee requests the Government to take all necessary action to regulate the social security entitlements of those workers.

Article 4, paragraph 2. Reasonable hours of work and overtime. The Committee recalls its previous comment concerning Decrees No. 104/1 of 11 March 1967 and No. 126/1 of 30 March 1974 which fix the maximum weekly hours of work of those employed in hotels, restaurants, coffee shops, places of entertainment and bars to 63 hours and the maximum daily working hours to 12 hours. The Committee once again observes that these provisions do not clearly regulate the conditions and limits of overtime for the workers concerned and, in any case, set limits that are unreasonably higher than the general standard of a 48‑hour working week set out in section 31 of the Labour Code and also prescribed by the ratified Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30). The Committee therefore requests the Government to consider the possibility of amending the existing legislative provisions regarding hours of work of workers in the hotel and catering sector. It also requests that, in considering such an amendment, the tripartite committee to which the Government refers in its report takes due account of all relevant comments made by this Committee so far.

Article 4, paragraph 3. Reasonable minimum daily and weekly rest periods. The Committee notes the Government’s statement that section 36 of the Labour Code providing for the minimum weekly rest period of not less than 36 consecutive hours applies to workers covered by the Convention. With respect to minimum daily rest, however, the Government merely repeats the provisions of the abovementioned Decrees which only prescribe the maximum duration of the daily rest break. It therefore asks the Government to explain how the Convention is given effect as regards the requirement for a reasonable minimum daily rest period.

Article 5, paragraph 3. Paid leave. The Committee notes the Government’s statement that workers are entitled to an allowance for annual or any other holidays he or she has not taken, regardless whether he or she has been dismissed or left work voluntarily.

Article 8. Implementation of the Convention. The Committee again requests the Government to provide copies of any collective agreements currently in force in the hotel and catering industry.

Part V of the report form. Application in practice. The Committee notes the Government’s reference to the difficulty of collecting statistical data due to the constantly fluctuating number of workers. It requests the Government to continue its effort to provide up to date and documented information on the practical application of the Convention, including, for instance, statistics on the number of workers employed in the hotel, restaurants and catering industry, labour inspection results, difficulties encountered in the enforcement of relevant legislation, extracts from official reports and recent surveys addressing questions related to the employment conditions in the tourism sector in general, etc.

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The Committee notes with interest the information contained in the Government’s first two reports and the attached documentation. It wishes to receive additional information on the following points.

Article 1, paragraphs 2, 3 and 4, of the Convention. The Committee would be grateful if the Government would provide additional information on the scope of application of the Convention in national law and practice, in particular as regards any possible exclusion of certain types of establishments or extension of the application of the Convention to other related establishments providing tourism services, and the manner in which the organizations of employers and workers concerned were consulted with regard to the definition of the categories of workers referred to in Article 1(a) and (b) of the Convention.

Article 2. While noting that the Government has apparently made no use of the exclusion possibility afforded by this Article of the Convention, the Committee requests the Government to confirm that the Convention applies to all workers employed in hotels and restaurants irrespective of the nature and duration of their employment relationship.

Article 3. The Committee notes the Government’s indication that the general labour legislation applies to all workers referred to in Article 1 of the Convention. It also notes that the law on social security covers all hotel and restaurant workers with the exception of seasonal and temporary workers who will be subject to ministerial decrees. As there appears to exist no specific policy designed to improve the working conditions of those employed in the hotel and catering sector, the Committee requests the Government to specify any measures taken or contemplated in this regard. It also requests the Government to provide more detailed information on the social security coverage of seasonal and temporary workers who represent a substantial proportion of those employed in the hotel and catering sector.

Article 4, paragraph 1. The Committee requests the Government to clarify what the term "hours of work" is deemed to signify under national law or practice with respect to hotel and restaurant workers, especially as regards overtime, "on-call" hours, and rest periods.

Article 4, paragraph 2. The Committee notes that according to the Government’s report, the maximum weekly hours of work of those employed in hotels, restaurants, coffee shops, places of entertainment and bars vary from 54 (for hotel employees with a fixed salary) to 63 hours (for workers in restaurants, coffee shops and places of entertainment whose remuneration is calculated on the basis of earnings), it being understood that the working hours may not exceed 12 in the day and the daily rest may not exceed one-and-a-half hours. Given the fact that a working week of 54 to 63 hours, or a working day of 12 hours, may not be considered as "reasonable normal hours of work and overtime", the Committee requests the Government to indicate whether any consideration is given to the possibility of reducing the limits on working hours currently applicable to workers in the hotel and catering sector, or bringing them closer to the general standards of an eight-hour working day and a 48-hour working week set out in ratified ILO Conventions Nos. 1 and 30.

Article 4, paragraph 3. The Committee notes that apart from the reference to Decisions Nos. 104/1 of 1967 and 126/1 of 1974 which fix a maximum daily rest period of one-and-a-half hour, the Government’s report contains no information regarding minimum daily and weekly rest periods applicable to hotel and restaurant workers. The Committee understands that section 36 of the Labour Code, which provides for an uninterrupted weekly rest period of at least 36 hours, is not applicable to workers covered by the Convention. It therefore requests the Government to indicate the legislative provisions giving effect to this provision of the Convention.

Article 5, paragraph 3. The Committee notes that according to the Government’s report, a person dismissed for a reason imputable to the employer before he has taken a holiday due to him must receive his usual remuneration in respect of every day of holiday due to him. The Committee requests the Government to specify how it is ensured that workers whose employment terminates - other than at the employer’s initiative - or their length of service is less than that required for the full entitlement are granted paid leave proportionate to the length of service or payment of wages in lieu, as required under this Article of the Convention.

Article 8. The Committee notes the Government’s statement that the Convention is applied through national legislation, judicial decisions and collective agreements. The Committee would appreciate receiving copies of the collective agreements currently in effect in the hotel, restaurant and tourism sector. It would also be interested in receiving information as to the percentage of workers in the hotel and tourism industry covered by these agreements.

Part V of the report form. The Committee notes the information provided by the Government concerning the recent instructions to the labour inspection services to control, in particular, the implementation of the national legislation regarding the minimum age of employment and occupational safety and health in the hotel, restaurant and tourism sector. The Committee trusts that the Government will continue to supply general information on the application of the Convention, including, for instance, statistics on the number of workers employed in the hotel, catering and tourism industry, labour inspection results, difficulties encountered in the enforcement of relevant legislation, extracts from official reports and recent surveys addressing questions related to the employment conditions in the tourism sector in general and any other particulars bearing on the effect given to the requirements of the Convention in practice.