The Labour Code of 23 September 1946 - Lebanon

The Labour Code of 23 September 1946

• Exclusions
• Employment of Women
  • Equal Pay and Opportunities
  • Safety Measures for Women
• Maternity Leave
• Leave
• Break during Working Hours
• Dismissal

  The Labour Code regulates employment in the private sector. Since it was first promulgated on 23 September1946, Lebanese labour law has not discriminated against women in the right to work and to employment opportunities. A new version of the labour law with added sections was issued on 24 of July 1996. Amendments were introduced after this date by Law no. 207 made on 26 May 2000, which introduces modifications to articles 26, 28, and 29 relevant to equal employment opportunities.

  Provisions of the Labour Code relevant to gender and employment may be summarised as follows:

  Exclusions

  Article 7 states that the Code does not apply to the following categories of workers:

  
  
  1. domestic servants employed in private houses;
  2. agricultural corporations that have no connection with trade or industry;
  3. family businesses employing solely members of the family under the management either of the father, the mother, or the guardian;
  4. casual or journeymen in municipal or government services, and;
  5. electrical staff and wage-earners who are not governed by the Civil Servant regulations.

  Employment of Women

  Equal Pay and Opportunities

  Under Article 26 it is forbidden to differentiate between male and female workers in relation to the nature of work, salary paid, employment opportunities, promotion and technical training.

  Safety Measures for Women

  Article 27 states that it is forbidden to employ women in all the following industries or jobs:

  
  
  1. Mines, quarries and extraction of stones;
  2. Ovens for melting, refining, and preparing metal works;
  3. Silveration of mercury;
  4. Production and handling of explosives;
  5. Casting and cooling of glass;
  6. Welding of metal through partial melting;
  7. Making alcoholic drinks;
  8. Painting by Deco method;
  9. Treating ashes that contain lead;
  10. Extracting silver from lead;
  11. Welding metals that contain more than 10% lead;
  12. Manufacturing aluminium or sulphates of lead silicone;
  13. Preparing or fixing electrical cabinets;
  14. Driving machines with extremely large engines;
  15. Fixing or cleaning machines while the engines are on;
  16. Making asphalt;
  17. Tanning and flaying animals;
  18. Working in stores of fertilizers extracted from excrement, manure, bones or blood.

  Maternity Leave

  Length

  Article 28 states that women are entitled to a maternity leave of seven weeks, including the period before and the period after delivery, and they are required to present a medical certificate stating the expected date of delivery. The article also states that employers or their agents are prohibited from allowing women to return to work before 30 days after the probable day of delivery.

  Full Payment

  Article 29 states that employees are entitled to their usual remuneration when they on their maternity leave. The article also stipulates that a woman who has availed herself of the 7 weeks maternity leave with pay, is entitled to annual leave that same year, and she is entitle to the same payment she receives on ordinary annual holidays. Furthermore, this article states that, it is forbidden to dismiss or to serve notices of dismissal on a woman who is on her maternity leave, unless she is shown to have been employed elsewhere during this leave.

  Failure to Abide by the Labour Code

  Article 30 states that employers and their proxies who violate provisions of the Labour code concerning the employment of women and children, are held penally responsible for the violations they commit.

  Leave

  Same treatment for Women and Men

  Female and male employees are entitled to the same administrative, sickness, and family related leaves.

  Break during Working Hours

  Different Measures for Women and Men

  Article 34 sets out the rights of employees to a midday break of at least one hour when working hours exceed six hours for men, and when working hours exceed five hours for women.

  Dismissal

  Same treatment for Women and Men

  Article 52 states that a dismissal notice may not be served on:

  1. a pregnant woman who is five months pregnant or more;
  2. a worker who is on her maternity leave, and;
  3. on any wage-earner who is on ordinary recreational or sick leave.

  The article also states that the employer is exempted from abiding by these restrictions if the wage-earner has found alternative employment during the leave.