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POLICY BRIEF
Towards an Improved Regulation
of the Labor Market
1
This policy brief was developed by the Youth Economic Forum, in close collaboration with experts, activists
and civil society organizations.
Lebanon, 2012
Youth in Lebanon face the highest
levels of unemployment than any
other age group, especially among
university graduates, who make up
30% of people seeking a job. The
rate of unemployment is 15% among
youth between the ages of 15 and 29,
while it is 4% among the rest of the
working-age population. Within five
years of graduation from university,
an estimated 40% of male graduates
and 20% of female graduates
emigrate to find employment
opportunities abroad, leading to a
severe brain drain of the country’s
human capital.
A youth bulge does not justify the high
levels of youth unemployment given
that the rate of population growth
in Lebanon has been decreasing.
Instead, youth unemployment is
caused by a complex set of factors,
including the weak legal and physical
infrastructure for job creation and
business expansion, as well as
poor working conditions, such as
inadequatebenefitsandfixedsalaries
that are not adjusted to inflation.
These factors create a vicious cycle
resulting in a stagnant economy with
little industrial diversification and
innovation.
To address the high rate of youth
unemployment, this policy brief
recommends short-term immediate
reform of the National Social
Security Fund (NSSF) through
diversification of the plans it
offers. Moreover, it suggests the
creation of incentives for registering
employees in the NSSF and for
young freelancers to register at
the Ministry of Finance, with tax
deductions. In the longer term, a
complete overhaul of the business
infrastructure (telecommunications,
electricity, transport, e-government,
reduced political risk, etc) is critical
to foster business expansion,
economic growth, and job creation.
The adoption and implementation
of these policies requires strong
and persistent pressure by civil
society organizations (CSOs) to
encourage evidence-based research
on labor market demand and supply,
advocate for change in relevant
laws and practices, and support the
government in implementing and
monitoring reforms.
EXECUTIVE SUMMARY
2 3
The Problem
When evaluating the labor market
structure, it is clear that Lebanese
youth face an unemployment
problem distinct from the rest of the
population.
The rate of unemployment among
youth aged 15 to 29 is 15% while
it is 4% among the rest of the
working-age population.
The high rate of youth unemployment
contributes to a persistent brain
drain and high levels of emigration.
Moreover, almost 50% of all non-
agricultural employment was in
the informal sector between 2000
and 2007 (O’Sullivan, Rey, & Mendez,
2011). This highlights the large
number of people who do not receive
benefits in the form of insurance,
retirement plans, and the like, which
increases the burden on the economy
in the long run.
Situation Brief
Though it dates back to 1946, the
Lebanese labor law provides
adequate work conditions and
benefits. However, many citizens
complain that enforcement of the
law is nowhere near adequate.
Only 34.5% of employed Lebanese
were registered in the National
Social Security Fund (NSSF) in
2005 (World Bank, 2012).
During stakeholder consultations
conducted by the Youth Economic
Forum with 107 individuals around
the country, numerous citizens
voiced concerns over employers
not adequately implementing
NSSF rules.
In addition to problems with
implementation of the labor law, both
employers and employees view the
NSSF as an inefficient mechanism.
The high cost of the NSSF has led
companies to hire consultants and
freelancers as opposed to full-
time employees, which explains the
existence of a large informal sector.
Framing the Issue
The Urgency
Improving youth employment
through job creation and a better
work environment comes hand-in-
hand with modernizing the Lebanese
economy as a whole. While many
countries in the Middle East and
North Africa region are introducing
reforms at an increasingly fast pace,
Lebanon continues to lag behind
because of its inadequate business
infrastructure, be it physical or
administrative infrastructure.
Immediate reform is essential to
reduce the high rates of emigration
among youth and to improve the
living conditions of young people
who choose to stay in Lebanon.
Reforming the NSSF will immediately
contribute to mitigating the impact of
bureaucratic procedures on youth
employment. However, in the long
term, drastic infrastructural reform
will be required to facilitate job
creation and business growth.
“ The entire labor market in Lebanon
is saturated due to high competition for
employment (Yaacoub & Badre, 2012);
we need to invest in the creativity of
youth in the informal sector.
Towards an Improved
Regulation of the Labor Market
“The role of the government should be
to provide the bare minimum safety net:
(1) diversify the economy and (2) make
education free.
Loris Elqura,
International Consultant
4 5
Existing Policies, Laws and Practices and Their Relevance to
the Policy Concerns
Looking at Existing Policies
Labor Law
(1946)
> The labor law forces private companies to prioritize the
employment of Lebanese nationals over migrant workers. This
intends to mitigate unemployment in general.
Decree 112
(1959)
> Decree 112 stipulates that public sector employees must
have held Lebanese citizenship for at least 10 years. This is a
potential employment market for Lebanese youth. However,
there has been an ongoing hiring freeze in public sector
employment due to the low government budget. Moreover, the
government is restricted in its ability to fire employees, making
the average age of public sector employees very high, with little
opportunity for youth employment.
National
Employ-
ment Office
(NEO)
Programs
>	The NEO is intended to provide youth with training on soft skills
and to link job seekers with potential employers. However, it
has not been effective in promoting and implementing its
programs. Between 1998 and 2005, the NEO received only 1,370
job requests and 450 annual job offers, and placed a mere 210
job seekers (ESCWA, 2012). The NEO recently partnered with the
World Bank to introduce a new program intended to incentivize
companies to employ fresh university graduates by covering up
to one year of NSSF fees and conducting training programs. This
is a five-year program with a limited budget, not a sustainable
intervention.
Intellectual
Property
Rights Law
> Improper enforcement of intellectual property rights laws has
discouraged Lebanese innovators from expanding from within
Lebanon. They instead choose to work at corporations in OECD
countries, where they are given proper copyrights.
E-Com-
merce Draft
Law (2002)
> Lack of proper telecommunications infrastructure (legal and
physical) has hindered innovative youth from creating businesses
in the e-commerce sector. Instead, they resort to creating their
businesses from abroad.
Privatiza-
tion Law
228 (2001)
> The privatization law primarily intends to improve the
infrastructure of the telecom and electricity sectors in order to
encourage economic growth and increase employment. However,
this law has not been implemented effectively.
Labor Law
(1946)
> Private sector companies complain that benefits required by the
labor law are too expensive for small and medium enterprises
(SMEs), which is a disincentive to starting a new business
regardless of size.
Decree 112
(1959)
> Benefits for public employees well above market rates place a
heavy burden on the Lebanese economy, as they are paid for
through taxation of individuals and businesses.
National
Employ-
ment Office
(NEO)
Programs
> The NEO caters to the existing labor market rather than seeking
to diversify it for the purpose of expansion, innovation, and job
creation.
Intellectual
Property
Rights Law
>	Improper enforcement of intellectual property rights laws has
limited diversification of Lebanon’s national economy due to
inadequate protection of innovators’ ideas and the high risk of loss
on investment.
E-Com-
merce Draft
Law (2002)
> The e-commerce sector is growing globally and Lebanon
has not yet tapped into the market because of its inadequate
infrastructure (legal and physical).
Privatiza-
tion Law
228 (2001)
> Improving the telecom and energy sectors will foster innovation
and entrepreneurship, especially given the growth of online
businesses, thus contributing to economic diversification and job
creation.
Policy
Law
Practice Policy
Law
Practice
1. High youth unemployment and brain drain
2. Low job creation and industrial diversification
* Source: International Labour Organization, 2012
“ The role of the government is not finding work for job seekers nor absorbing the
unemployed. It is to provide an investment and business climate that is conducive to private
sector job creation by modernizing laws, reducing bureaucracy, stopping monopolizing
sectors, modernizing the infrastructure, and so forth.
Nassib Ghobril,
Head of Economic Research & Analysis Department,
Byblos Bank
”
6 7
1
2
Considering Policy Options
The following table describes policy options for tackling youth unemployment
based on thorough research and participatory consultations with stakeholders
around the country.
Policy Option Assumptions Objectives Strategies Advantages Disadvantages
ReformNSSFPlansand
CreateIncentivesforRegistration
Reform the NSSF
by modernizing
procedures and
create a diversified
selection of
NSSF plans to
accommodate
different needs, with
a focus on retirement
plans (currently fixed
at 8.5% of basic
salary). Also create
incentives for young
freelancers to register
at the Ministry of
Finance through
tax deductions, and
subsequently at the
NSSF by reactivating
the voluntary NSSF
plan.
> High NSSF rates
crowd out business
spending on salary
and create an informal
sector with minimal
social security.
> Social protection
is a key concern for
youth, especially given
political volatility within
Lebanon and the region.
> Reduce the sunk cost of
hiring for businesses so they
can spend more on variable
rewards (e.g., bonuses, salary
increments, etc), thereby
attracting and retaining youth
who may otherwise choose
emigration as an alternative.
> Encourage young
freelancers to register at the
Ministry of Finance and NSSF
in order to improve working
conditions in the informal
sector.
> Provide incentives for
youth to work in Lebanon,
whether they find full-time
employment or work as
freelancers.
> Create a diverse selection of
NSSF plans at different costs
for employees, with a focus on
retirement plans.
> Reduce the payroll tax on
young freelancers’ income to
encourage their registration at
the Ministry of Finance and save
companies the 7.5% tax they
pay for non-registered freelance
services.
> Reactivate the NSSF plan for
self-employed individuals.
> Cost reductions for
businesses, which may be
channeled towards either
increased employment or
higher wages.
> Reduction of the informal
sector, along with its long-
term negative impacts on
emigration and livelihoods.
> Increased tax collection
due to an increase in the
number of registered
freelancers.
> If not developed
properly, businesses may
have greater incentives
to hire a certain category
of employees and fire
another, generating
discrimination in hiring
policies.
ImproveBusiness
Infrastructure
Implement and
enforce existing laws
that protect and
encourage business
creation, such as
the intellectual
property rights law,
privatization law,
and e-commerce
law, in addition
to implementing
infrastructure reform
in the telecom,
electricity, and public
transport sectors.
> The weak
physical and legal
infrastructure is
diverting international
investment,
discouraging Lebanon
from developing
innovative ideas locally,
and preventing the
development of the
labor force skill set.
> Attract foreign investment
that employs Lebanese
human capital.
> Incentivize innovative youth
to develop their concepts
from within Lebanon rather
than resort to foreign
countries.
> Expand the Lebanese
economy and increase job
creation.
> Implement existing laws
related to intellectual property
rights, privatization, and
e-commerce, and continuously
monitor performance for further
improvements.
> Aggressively develop
sustainable business models
for the telecom, electricity, and
public transport sectors via
public-private partnerships.
> Reduced operating costs
for businesses, which will
encourage business start-
ups and create jobs.
> Protection of innovative
ideas, which will divert
innovators from seeking
foreign adopters.
> Will require large
amounts of initial
government spending.
> Increases costs
of products that are
currently being pirated,
thereby limiting access
to those with lower
income.
Each policy is based on different assumptions, has a specific objective and
strategies, and presents different advantages and disadvantages.
8 9
Reform NSSF Plans and Create Incentives for Registration
Recommending Policy
This policy brief focuses on the first
policy option highlighted above—i.e.,
reform of NSSF plans and creation
of incentives for registration—as
the most actionable by civil society
actors in the near to medium term.
One of the primary causes for youth
unemployment is the non-conducive
environment for business creation.
The NSSF is a major obstacle to
equitable hiring in Lebanon as most
companies consider NSSF rates to
be very costly. This is reflected in the
very low percentage of employees
registered in the NSSF, which is
estimated at 34.5% (World Bank,
2012). The implications of this low
registration level are only felt in the
long run when employees retire
and struggle to keep out of poverty
because they do not have retirement
benefits.
The social security tax is calculated
as follows from the basic salary
(excluding the transportation
allowance): 8.5% for retirement + 9%
(up to $1,667 salary) for maternity
and sickness (2% of which are
covered by the employee) + 6% (up to
$1,000 salary) for family allocations.
This means that maternity and
sickness fees are capped at $150
per month and family allocations at
$60 per month. However, retirement
withholdings increase proportionally
with the salary, with no limits.
Consequently, NSSF fees for a $1,000
basic monthly salary add up to 23.5%
of the total salary, of which the
employee pays 2% and the company
pays 21.5% (NSSF, 2004).
The retirement plan of 8.5% of the
basic salary poses a big burden
on the private sector, especially
that it has no ceiling and increases
proportionally with the salary. Under
the current plan, employers and
employees cannot choose how they
would like to invest retirement funds.
Moreover, many employees who are
registered in the NSSF also pay for
private health insurance because of
inadequate plan coverage and service
quality (Ministry of Finance, 2010).
In addition to NSSF fees, employees
incur a payroll tax to the Ministry of
Finance, which ranges between 2 to
20% of the basic salary.
These high costs to both the company
and the employee may be reduced
through the following steps:
1. Reform the NSSF by creating an
electronic reporting and tracking
system, developing a sustainable
financial model, and improving quality
of service. This should be aimed at
providing adequate health coverage for
employees registered at the NSSF.
2. Diversify NSSF plans, with a focus
on retirement plans to offer employees
some flexibility in choosing their plans.
3. Create incentives for companies to
registeremployeesintheNSSFthrough
reductions in fees, modernization
of systems and procedures, and
enforcement of existing laws that fine
violations by employers.
4. Develop NSSF plans for freelancers
who are registered at the Ministry
of Finance and create incentives for
registration through tax deductions for
young freelancers of a specified age
group:
a. Demand-side incentives:
The current 50% deduction on
the income tax of “non-resident”
freelancers should be removed to
become 15% in order to discourage
companies from contracting
freelancers who live and work in
Lebanon but are not registered with the
Ministry of Finance.
The “non-resident” tax applies to
anyone who earns income in Lebanon
but resides outside the country.
Companies who hire non-resident
freelancers are responsible for filing
andpayingthattax,whichwassetat15%
but benefits from a 50% tax deduction
to effectively be 7.5%. It has become
common practice for companies to
consider Lebanese freelancers who
are not registered at the Ministry of
Finance as “non-residents” even if they
do in fact live and work in the country.
The non-resident tax has become
the only way for companies to justify
payments made to individuals who do
not file their taxes with the Ministry of
Finance as it is technically illegal to
contract resident freelancers who are
not registered with the Ministry.
b. Supply-side incentives:
Increase the ability of young
freelancers to register at the Ministry
of Finance by reducing their income
tax rates and increasing their NSSF
benefits. The tax reduction may be
capped at a certain income level, after
which the government may charge
normal tax rates. As the freelancers
age and become more established as
professionals, tax rates may return to
the normal level.
This policy recommendation will
directly contribute to reducing
the operating costs incurred by
businesses when hiring employees
in addition to creating better social
security prospects for youth in the
informal sector. In the long run,
however, complete and radical
reform of the telecommunications,
electricity, and public transport
infrastructure is essential to expand
the Lebanese economy, increase
investment, and divert the brain
drain.
“ Operating costs for Lebanese
companies are high and this includes the
subscription fees to the NSSF. That is why
the informal economy is equivalent to
30% of Lebanon's GDP.
Nassib Ghobril,
Head of Economic Research
& Analysis Department,
Byblos Bank
10 11
Future Action
Research
• Conduct a household survey capturing the latest data on the
labor market to understand needs related to social security
benefits (e.g., retirement, maternity, etc)
• Conduct research on potential NSSF plans that do not
encourage companies to discriminate in hiring
Research
Advocacy
• Push for a reduction in the income tax charged on young
freelancers of a specified age group
• Push for reform of NSSF programs Advocacy
Access to
Information
• Create user-friendly materials that summarize the laws,
regulations, procedures, rates and fines related to:
>	 Labor law
>	 NSSF
>	 Payroll taxes
• Create an electronic system that allows for user
registration, online payment, and tracking
Access to
Information
Awareness
• Build awareness among both employers and employees on
labor rights and benefits, especially in areas outside Beirut
and within SMEs
• Conduct and publicize a cost-benefit analysis of companies
and freelancers that have successfully implemented the
program to encourage other companies to subscribe
Awareness
Monitoring
&
Evaluation
• Create a watchdog organization that monitors and reports on
violations of the labor law
• Recommend policy adjustments to prevent violations
Monitoring
&
Evaluation
Support
• Provide legal and technical support for employees who feel
their labor rights are being infringed upon
• Provide legal and technical support for employees who feel
their labor rights are being infringed upon
Support
Capacity
Building
• Provide youth, both students and graduates, with customized
freelance skills, from legal registration, to marketing their
services, to managing their clients, projects, and financials
• Develop a support network for freelancers to share
knowledge, skills, and best practices, and offer them easy
access to clients
Capacity
Building
SHORT TO MEDIUM TERM LONG TERM
12 13
The suggested policy option must be endorsed by key stakeholders and policy-
makers to be implemented. The influence that the various stakeholders yield
on the decision-making process will determine how they should be engaged
and the messages they should receive. Below is a list of stakeholders to be
considered.
> President of the Republic
> Council of Ministers
> Higher Council for
Privatization
> Ministry of Finance
> Ministry of Labor
> National Employment
Office
> Ministry of Industry
> Ministry of
Telecommunications
> NSSF
> Chamber of Commerce
> Investment
Development
Authority of Lebanon
(IDAL)
>Central Administration
of Statistics (CAS)	
> Electricité du Liban
(EDL)
> Political parties
> Private sector
> Youth
> Syndicates
> Freelancers
> Media outlets
> Voters
> Academia & research
institutes
> Expatriates
> NGOs, CSOs, & CBOs
> ILO, UNIDO, & ESCWA
Each of these entities requires a different strategy and approach to ally it with
the suggested policy. The following table highlights the incentives for the key
stakeholders to adopt or support the proposed policy. These incentives can form
the basis for developing communication messages to persuade the stakeholders
to take action.
Stakeholders Incentives
Private Sector
Reduce the high NSSF fees on private companies and the
%7.5 payroll tax paid when contracting non-registered
freelancers.
Employees
Improve the plans and benefits offered by the NSSF and
increase the number of employees registered at the
NSSF.
Young Freelancers
Reduce taxes for registering at the Ministry of Finance
and provide a minimum level of social protection through
reformed NSSF plans. Obtain official recognition of
freelance work in filed taxes, giving young freelancers
time to establish themselves before taxation returns to
normal rates at a higher age.
NSSF
Administrators
Renew confidence in the NSSF by increasing the number
of registered employers and employees (i.e., increased
revenues), thereby enabling improvement in services.
Ministry of Finance
Increase the number of registered freelancers from the
informal sector, thus increasing overall tax collection.
Engaging Different Stakeholders Partial List of References
	 Bilbao-Osorio, B., Blanke, J., Browne, C., Crotti, R., Hanouz, M. D., Fidanza, B., et al. (2012).
The Global Competitiveness Report 2012–2013. Geneva: World Economic Forum.
	 CAS. (2007). Population Characteristics in 2007. Beirut: Central Administration of Statistics.
	 Chameseddine, Ahmed. Kafalat. Personal interview conducted by N. Chatila, YEF (September
21, 2012).
	 Constant, L., Gonzalez, G., Karoly, L. A., Goldman, C. A., & Salem, H. (2008). Facing Human
Capital Challenges of the 21st Century: Education and Labor Market Initiatives in Lebanon,
Oman, Qatar, and the United Arab Emirates. Santa Monica, California: RAND Corporation.
	Doing Business. (2012). Economy Profile: Lebanon. World Bank and International Finance
Corporation. Washington, DC: The International Bank for Reconstruction and Development.
	 Elqura, Loris. International consultant. Personal interview conducted by N. Chatila, YEF
(September 28, 2012).
	 ESCWA. (2012). Active Labour Market Policies in Arab Countries. New York: United Nations.
	 Ghobril, Nassib. Byblos Bank. Personal interview conducted by N. Chatila, YEF (October 2,
2012).
	 IDAL (2011). Economic Indicators. Retrieved October 12, 2012, from Investment Development
Authority of Lebanon: http://www.idal.com.lb/WhyLebanon.aspx?ID=61
	 International Labour Organization (2012). NATLEX. Retrieved October 5, 2012, from
International Labour Organization: http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_
sortby=SORTBY_DATE&p_country=LBN&p_country_all_any=ALL&p_keyword_all_any=ALL&p_start=1&p_increment=50
	 LABORSTA (2012). Labour Statistics Database. Retrieved Ocober 5, 2012, from LABORSTA
Internet: http://laborsta.ilo.org/
	 Ministry of Finance (2010). Taxes on Salaries. Beirut: Republic of Lebanon.
	 Ministry of Industry (2010). The Lebanese Industrial Sector: Facts and Findings - 2007.
Republic of Lebanon, Institution of Lebanese Industrialists. Beirut: United Nations Industrial
Development Organization (UNIDO).
	 Nahas, C. (2009). Financing and Political Economy of Higher Education in Lebanon. Beirut:
Economic Research Forum.
	 NSSF (2004). NSSF Fees Schedule. Beirut: National Social Security Fund.
	 O’Sullivan, A., Rey, M.-E., & Mendez, J. G. (2011). Opportunities and Challenges in the MENA
Region. MENA-OECD Investment Programme, OECD Economics Department, World Economic
Forum Middle East.
	 Rached, Mounir. Lebanese Economic Association. Personal interview conducted by N.
Chatila, YEF (October 2, 2012).
	 Taki, Khaled. Franchise Business Consultants. Personal interview conducted by N. Chatila, YEF
(September 24, 2012).
	World Bank (2012). Jobs. World Development Report 2013: Jobs. Washington, DC:
International Bank for Reconstruction and Development/The World Bank.
	 Yaacoub, N., & Badre, L. (2012). Education in Lebanon. Beirut: Central Administration of
Statistics.
	 Yaacoub, N., & Badre, L. (2010). The Labour Market in Lebanon. Central Administration of
Statistics. Beirut: European Union.
Youth employment/ Lebanon Policy Brief-English

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Youth employment/ Lebanon Policy Brief-English

  • 1. POLICY BRIEF Towards an Improved Regulation of the Labor Market
  • 2. 1 This policy brief was developed by the Youth Economic Forum, in close collaboration with experts, activists and civil society organizations. Lebanon, 2012 Youth in Lebanon face the highest levels of unemployment than any other age group, especially among university graduates, who make up 30% of people seeking a job. The rate of unemployment is 15% among youth between the ages of 15 and 29, while it is 4% among the rest of the working-age population. Within five years of graduation from university, an estimated 40% of male graduates and 20% of female graduates emigrate to find employment opportunities abroad, leading to a severe brain drain of the country’s human capital. A youth bulge does not justify the high levels of youth unemployment given that the rate of population growth in Lebanon has been decreasing. Instead, youth unemployment is caused by a complex set of factors, including the weak legal and physical infrastructure for job creation and business expansion, as well as poor working conditions, such as inadequatebenefitsandfixedsalaries that are not adjusted to inflation. These factors create a vicious cycle resulting in a stagnant economy with little industrial diversification and innovation. To address the high rate of youth unemployment, this policy brief recommends short-term immediate reform of the National Social Security Fund (NSSF) through diversification of the plans it offers. Moreover, it suggests the creation of incentives for registering employees in the NSSF and for young freelancers to register at the Ministry of Finance, with tax deductions. In the longer term, a complete overhaul of the business infrastructure (telecommunications, electricity, transport, e-government, reduced political risk, etc) is critical to foster business expansion, economic growth, and job creation. The adoption and implementation of these policies requires strong and persistent pressure by civil society organizations (CSOs) to encourage evidence-based research on labor market demand and supply, advocate for change in relevant laws and practices, and support the government in implementing and monitoring reforms. EXECUTIVE SUMMARY
  • 3. 2 3 The Problem When evaluating the labor market structure, it is clear that Lebanese youth face an unemployment problem distinct from the rest of the population. The rate of unemployment among youth aged 15 to 29 is 15% while it is 4% among the rest of the working-age population. The high rate of youth unemployment contributes to a persistent brain drain and high levels of emigration. Moreover, almost 50% of all non- agricultural employment was in the informal sector between 2000 and 2007 (O’Sullivan, Rey, & Mendez, 2011). This highlights the large number of people who do not receive benefits in the form of insurance, retirement plans, and the like, which increases the burden on the economy in the long run. Situation Brief Though it dates back to 1946, the Lebanese labor law provides adequate work conditions and benefits. However, many citizens complain that enforcement of the law is nowhere near adequate. Only 34.5% of employed Lebanese were registered in the National Social Security Fund (NSSF) in 2005 (World Bank, 2012). During stakeholder consultations conducted by the Youth Economic Forum with 107 individuals around the country, numerous citizens voiced concerns over employers not adequately implementing NSSF rules. In addition to problems with implementation of the labor law, both employers and employees view the NSSF as an inefficient mechanism. The high cost of the NSSF has led companies to hire consultants and freelancers as opposed to full- time employees, which explains the existence of a large informal sector. Framing the Issue The Urgency Improving youth employment through job creation and a better work environment comes hand-in- hand with modernizing the Lebanese economy as a whole. While many countries in the Middle East and North Africa region are introducing reforms at an increasingly fast pace, Lebanon continues to lag behind because of its inadequate business infrastructure, be it physical or administrative infrastructure. Immediate reform is essential to reduce the high rates of emigration among youth and to improve the living conditions of young people who choose to stay in Lebanon. Reforming the NSSF will immediately contribute to mitigating the impact of bureaucratic procedures on youth employment. However, in the long term, drastic infrastructural reform will be required to facilitate job creation and business growth. “ The entire labor market in Lebanon is saturated due to high competition for employment (Yaacoub & Badre, 2012); we need to invest in the creativity of youth in the informal sector. Towards an Improved Regulation of the Labor Market “The role of the government should be to provide the bare minimum safety net: (1) diversify the economy and (2) make education free. Loris Elqura, International Consultant
  • 4. 4 5 Existing Policies, Laws and Practices and Their Relevance to the Policy Concerns Looking at Existing Policies Labor Law (1946) > The labor law forces private companies to prioritize the employment of Lebanese nationals over migrant workers. This intends to mitigate unemployment in general. Decree 112 (1959) > Decree 112 stipulates that public sector employees must have held Lebanese citizenship for at least 10 years. This is a potential employment market for Lebanese youth. However, there has been an ongoing hiring freeze in public sector employment due to the low government budget. Moreover, the government is restricted in its ability to fire employees, making the average age of public sector employees very high, with little opportunity for youth employment. National Employ- ment Office (NEO) Programs > The NEO is intended to provide youth with training on soft skills and to link job seekers with potential employers. However, it has not been effective in promoting and implementing its programs. Between 1998 and 2005, the NEO received only 1,370 job requests and 450 annual job offers, and placed a mere 210 job seekers (ESCWA, 2012). The NEO recently partnered with the World Bank to introduce a new program intended to incentivize companies to employ fresh university graduates by covering up to one year of NSSF fees and conducting training programs. This is a five-year program with a limited budget, not a sustainable intervention. Intellectual Property Rights Law > Improper enforcement of intellectual property rights laws has discouraged Lebanese innovators from expanding from within Lebanon. They instead choose to work at corporations in OECD countries, where they are given proper copyrights. E-Com- merce Draft Law (2002) > Lack of proper telecommunications infrastructure (legal and physical) has hindered innovative youth from creating businesses in the e-commerce sector. Instead, they resort to creating their businesses from abroad. Privatiza- tion Law 228 (2001) > The privatization law primarily intends to improve the infrastructure of the telecom and electricity sectors in order to encourage economic growth and increase employment. However, this law has not been implemented effectively. Labor Law (1946) > Private sector companies complain that benefits required by the labor law are too expensive for small and medium enterprises (SMEs), which is a disincentive to starting a new business regardless of size. Decree 112 (1959) > Benefits for public employees well above market rates place a heavy burden on the Lebanese economy, as they are paid for through taxation of individuals and businesses. National Employ- ment Office (NEO) Programs > The NEO caters to the existing labor market rather than seeking to diversify it for the purpose of expansion, innovation, and job creation. Intellectual Property Rights Law > Improper enforcement of intellectual property rights laws has limited diversification of Lebanon’s national economy due to inadequate protection of innovators’ ideas and the high risk of loss on investment. E-Com- merce Draft Law (2002) > The e-commerce sector is growing globally and Lebanon has not yet tapped into the market because of its inadequate infrastructure (legal and physical). Privatiza- tion Law 228 (2001) > Improving the telecom and energy sectors will foster innovation and entrepreneurship, especially given the growth of online businesses, thus contributing to economic diversification and job creation. Policy Law Practice Policy Law Practice 1. High youth unemployment and brain drain 2. Low job creation and industrial diversification * Source: International Labour Organization, 2012 “ The role of the government is not finding work for job seekers nor absorbing the unemployed. It is to provide an investment and business climate that is conducive to private sector job creation by modernizing laws, reducing bureaucracy, stopping monopolizing sectors, modernizing the infrastructure, and so forth. Nassib Ghobril, Head of Economic Research & Analysis Department, Byblos Bank ”
  • 5. 6 7 1 2 Considering Policy Options The following table describes policy options for tackling youth unemployment based on thorough research and participatory consultations with stakeholders around the country. Policy Option Assumptions Objectives Strategies Advantages Disadvantages ReformNSSFPlansand CreateIncentivesforRegistration Reform the NSSF by modernizing procedures and create a diversified selection of NSSF plans to accommodate different needs, with a focus on retirement plans (currently fixed at 8.5% of basic salary). Also create incentives for young freelancers to register at the Ministry of Finance through tax deductions, and subsequently at the NSSF by reactivating the voluntary NSSF plan. > High NSSF rates crowd out business spending on salary and create an informal sector with minimal social security. > Social protection is a key concern for youth, especially given political volatility within Lebanon and the region. > Reduce the sunk cost of hiring for businesses so they can spend more on variable rewards (e.g., bonuses, salary increments, etc), thereby attracting and retaining youth who may otherwise choose emigration as an alternative. > Encourage young freelancers to register at the Ministry of Finance and NSSF in order to improve working conditions in the informal sector. > Provide incentives for youth to work in Lebanon, whether they find full-time employment or work as freelancers. > Create a diverse selection of NSSF plans at different costs for employees, with a focus on retirement plans. > Reduce the payroll tax on young freelancers’ income to encourage their registration at the Ministry of Finance and save companies the 7.5% tax they pay for non-registered freelance services. > Reactivate the NSSF plan for self-employed individuals. > Cost reductions for businesses, which may be channeled towards either increased employment or higher wages. > Reduction of the informal sector, along with its long- term negative impacts on emigration and livelihoods. > Increased tax collection due to an increase in the number of registered freelancers. > If not developed properly, businesses may have greater incentives to hire a certain category of employees and fire another, generating discrimination in hiring policies. ImproveBusiness Infrastructure Implement and enforce existing laws that protect and encourage business creation, such as the intellectual property rights law, privatization law, and e-commerce law, in addition to implementing infrastructure reform in the telecom, electricity, and public transport sectors. > The weak physical and legal infrastructure is diverting international investment, discouraging Lebanon from developing innovative ideas locally, and preventing the development of the labor force skill set. > Attract foreign investment that employs Lebanese human capital. > Incentivize innovative youth to develop their concepts from within Lebanon rather than resort to foreign countries. > Expand the Lebanese economy and increase job creation. > Implement existing laws related to intellectual property rights, privatization, and e-commerce, and continuously monitor performance for further improvements. > Aggressively develop sustainable business models for the telecom, electricity, and public transport sectors via public-private partnerships. > Reduced operating costs for businesses, which will encourage business start- ups and create jobs. > Protection of innovative ideas, which will divert innovators from seeking foreign adopters. > Will require large amounts of initial government spending. > Increases costs of products that are currently being pirated, thereby limiting access to those with lower income. Each policy is based on different assumptions, has a specific objective and strategies, and presents different advantages and disadvantages.
  • 6. 8 9 Reform NSSF Plans and Create Incentives for Registration Recommending Policy This policy brief focuses on the first policy option highlighted above—i.e., reform of NSSF plans and creation of incentives for registration—as the most actionable by civil society actors in the near to medium term. One of the primary causes for youth unemployment is the non-conducive environment for business creation. The NSSF is a major obstacle to equitable hiring in Lebanon as most companies consider NSSF rates to be very costly. This is reflected in the very low percentage of employees registered in the NSSF, which is estimated at 34.5% (World Bank, 2012). The implications of this low registration level are only felt in the long run when employees retire and struggle to keep out of poverty because they do not have retirement benefits. The social security tax is calculated as follows from the basic salary (excluding the transportation allowance): 8.5% for retirement + 9% (up to $1,667 salary) for maternity and sickness (2% of which are covered by the employee) + 6% (up to $1,000 salary) for family allocations. This means that maternity and sickness fees are capped at $150 per month and family allocations at $60 per month. However, retirement withholdings increase proportionally with the salary, with no limits. Consequently, NSSF fees for a $1,000 basic monthly salary add up to 23.5% of the total salary, of which the employee pays 2% and the company pays 21.5% (NSSF, 2004). The retirement plan of 8.5% of the basic salary poses a big burden on the private sector, especially that it has no ceiling and increases proportionally with the salary. Under the current plan, employers and employees cannot choose how they would like to invest retirement funds. Moreover, many employees who are registered in the NSSF also pay for private health insurance because of inadequate plan coverage and service quality (Ministry of Finance, 2010). In addition to NSSF fees, employees incur a payroll tax to the Ministry of Finance, which ranges between 2 to 20% of the basic salary. These high costs to both the company and the employee may be reduced through the following steps: 1. Reform the NSSF by creating an electronic reporting and tracking system, developing a sustainable financial model, and improving quality of service. This should be aimed at providing adequate health coverage for employees registered at the NSSF. 2. Diversify NSSF plans, with a focus on retirement plans to offer employees some flexibility in choosing their plans. 3. Create incentives for companies to registeremployeesintheNSSFthrough reductions in fees, modernization of systems and procedures, and enforcement of existing laws that fine violations by employers. 4. Develop NSSF plans for freelancers who are registered at the Ministry of Finance and create incentives for registration through tax deductions for young freelancers of a specified age group: a. Demand-side incentives: The current 50% deduction on the income tax of “non-resident” freelancers should be removed to become 15% in order to discourage companies from contracting freelancers who live and work in Lebanon but are not registered with the Ministry of Finance. The “non-resident” tax applies to anyone who earns income in Lebanon but resides outside the country. Companies who hire non-resident freelancers are responsible for filing andpayingthattax,whichwassetat15% but benefits from a 50% tax deduction to effectively be 7.5%. It has become common practice for companies to consider Lebanese freelancers who are not registered at the Ministry of Finance as “non-residents” even if they do in fact live and work in the country. The non-resident tax has become the only way for companies to justify payments made to individuals who do not file their taxes with the Ministry of Finance as it is technically illegal to contract resident freelancers who are not registered with the Ministry. b. Supply-side incentives: Increase the ability of young freelancers to register at the Ministry of Finance by reducing their income tax rates and increasing their NSSF benefits. The tax reduction may be capped at a certain income level, after which the government may charge normal tax rates. As the freelancers age and become more established as professionals, tax rates may return to the normal level. This policy recommendation will directly contribute to reducing the operating costs incurred by businesses when hiring employees in addition to creating better social security prospects for youth in the informal sector. In the long run, however, complete and radical reform of the telecommunications, electricity, and public transport infrastructure is essential to expand the Lebanese economy, increase investment, and divert the brain drain. “ Operating costs for Lebanese companies are high and this includes the subscription fees to the NSSF. That is why the informal economy is equivalent to 30% of Lebanon's GDP. Nassib Ghobril, Head of Economic Research & Analysis Department, Byblos Bank
  • 7. 10 11 Future Action Research • Conduct a household survey capturing the latest data on the labor market to understand needs related to social security benefits (e.g., retirement, maternity, etc) • Conduct research on potential NSSF plans that do not encourage companies to discriminate in hiring Research Advocacy • Push for a reduction in the income tax charged on young freelancers of a specified age group • Push for reform of NSSF programs Advocacy Access to Information • Create user-friendly materials that summarize the laws, regulations, procedures, rates and fines related to: > Labor law > NSSF > Payroll taxes • Create an electronic system that allows for user registration, online payment, and tracking Access to Information Awareness • Build awareness among both employers and employees on labor rights and benefits, especially in areas outside Beirut and within SMEs • Conduct and publicize a cost-benefit analysis of companies and freelancers that have successfully implemented the program to encourage other companies to subscribe Awareness Monitoring & Evaluation • Create a watchdog organization that monitors and reports on violations of the labor law • Recommend policy adjustments to prevent violations Monitoring & Evaluation Support • Provide legal and technical support for employees who feel their labor rights are being infringed upon • Provide legal and technical support for employees who feel their labor rights are being infringed upon Support Capacity Building • Provide youth, both students and graduates, with customized freelance skills, from legal registration, to marketing their services, to managing their clients, projects, and financials • Develop a support network for freelancers to share knowledge, skills, and best practices, and offer them easy access to clients Capacity Building SHORT TO MEDIUM TERM LONG TERM
  • 8. 12 13 The suggested policy option must be endorsed by key stakeholders and policy- makers to be implemented. The influence that the various stakeholders yield on the decision-making process will determine how they should be engaged and the messages they should receive. Below is a list of stakeholders to be considered. > President of the Republic > Council of Ministers > Higher Council for Privatization > Ministry of Finance > Ministry of Labor > National Employment Office > Ministry of Industry > Ministry of Telecommunications > NSSF > Chamber of Commerce > Investment Development Authority of Lebanon (IDAL) >Central Administration of Statistics (CAS) > Electricité du Liban (EDL) > Political parties > Private sector > Youth > Syndicates > Freelancers > Media outlets > Voters > Academia & research institutes > Expatriates > NGOs, CSOs, & CBOs > ILO, UNIDO, & ESCWA Each of these entities requires a different strategy and approach to ally it with the suggested policy. The following table highlights the incentives for the key stakeholders to adopt or support the proposed policy. These incentives can form the basis for developing communication messages to persuade the stakeholders to take action. Stakeholders Incentives Private Sector Reduce the high NSSF fees on private companies and the %7.5 payroll tax paid when contracting non-registered freelancers. Employees Improve the plans and benefits offered by the NSSF and increase the number of employees registered at the NSSF. Young Freelancers Reduce taxes for registering at the Ministry of Finance and provide a minimum level of social protection through reformed NSSF plans. Obtain official recognition of freelance work in filed taxes, giving young freelancers time to establish themselves before taxation returns to normal rates at a higher age. NSSF Administrators Renew confidence in the NSSF by increasing the number of registered employers and employees (i.e., increased revenues), thereby enabling improvement in services. Ministry of Finance Increase the number of registered freelancers from the informal sector, thus increasing overall tax collection. Engaging Different Stakeholders Partial List of References Bilbao-Osorio, B., Blanke, J., Browne, C., Crotti, R., Hanouz, M. D., Fidanza, B., et al. (2012). The Global Competitiveness Report 2012–2013. Geneva: World Economic Forum. CAS. (2007). Population Characteristics in 2007. Beirut: Central Administration of Statistics. Chameseddine, Ahmed. Kafalat. Personal interview conducted by N. Chatila, YEF (September 21, 2012). Constant, L., Gonzalez, G., Karoly, L. A., Goldman, C. A., & Salem, H. (2008). Facing Human Capital Challenges of the 21st Century: Education and Labor Market Initiatives in Lebanon, Oman, Qatar, and the United Arab Emirates. Santa Monica, California: RAND Corporation. Doing Business. (2012). Economy Profile: Lebanon. World Bank and International Finance Corporation. Washington, DC: The International Bank for Reconstruction and Development. Elqura, Loris. International consultant. Personal interview conducted by N. Chatila, YEF (September 28, 2012). ESCWA. (2012). Active Labour Market Policies in Arab Countries. New York: United Nations. Ghobril, Nassib. Byblos Bank. Personal interview conducted by N. Chatila, YEF (October 2, 2012). IDAL (2011). Economic Indicators. Retrieved October 12, 2012, from Investment Development Authority of Lebanon: http://www.idal.com.lb/WhyLebanon.aspx?ID=61 International Labour Organization (2012). NATLEX. Retrieved October 5, 2012, from International Labour Organization: http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_ sortby=SORTBY_DATE&p_country=LBN&p_country_all_any=ALL&p_keyword_all_any=ALL&p_start=1&p_increment=50 LABORSTA (2012). Labour Statistics Database. Retrieved Ocober 5, 2012, from LABORSTA Internet: http://laborsta.ilo.org/ Ministry of Finance (2010). Taxes on Salaries. Beirut: Republic of Lebanon. Ministry of Industry (2010). The Lebanese Industrial Sector: Facts and Findings - 2007. Republic of Lebanon, Institution of Lebanese Industrialists. Beirut: United Nations Industrial Development Organization (UNIDO). Nahas, C. (2009). Financing and Political Economy of Higher Education in Lebanon. Beirut: Economic Research Forum. NSSF (2004). NSSF Fees Schedule. Beirut: National Social Security Fund. O’Sullivan, A., Rey, M.-E., & Mendez, J. G. (2011). Opportunities and Challenges in the MENA Region. MENA-OECD Investment Programme, OECD Economics Department, World Economic Forum Middle East. Rached, Mounir. Lebanese Economic Association. Personal interview conducted by N. Chatila, YEF (October 2, 2012). Taki, Khaled. Franchise Business Consultants. Personal interview conducted by N. Chatila, YEF (September 24, 2012). World Bank (2012). Jobs. World Development Report 2013: Jobs. Washington, DC: International Bank for Reconstruction and Development/The World Bank. Yaacoub, N., & Badre, L. (2012). Education in Lebanon. Beirut: Central Administration of Statistics. Yaacoub, N., & Badre, L. (2010). The Labour Market in Lebanon. Central Administration of Statistics. Beirut: European Union.