Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Jordan (Ratification: 1963)

Legislative framework. The Committee recalls its previous comments noting the absence of legislative provisions clearly defining and prohibiting direct and indirect discrimination, covering all aspects of employment and occupation, including recruitment, and based on at least all the grounds enumerated in Article 1(1)(a) of the Convention, as well as the insufficient protection against sexual harassment in employment and occupation. The Committee welcomes the findings and recommendations of the legal review on pay equity conducted by the National Steering Committee for Pay Equity (NSCPE), with ILO support. The review proposes a range of amendments, including to section 4 of the Labour Law, to prohibit direct and indirect discrimination “on the basis of real or perceived gender, race, colour, religion, political opinion, national extraction or social origin, marital status, family responsibilities, disability, or HIV status, with respect to any aspect of employment, working conditions, rights or benefits, promotion at work, training or termination”. (Towards pay equity: A legal review of Jordanian national legislation, 2013, page 4). The review also recommends the amendment of section 29A(6) of the Labour Law, which provides that workers subject to sexual harassment may only leave their employment without giving notice. The review recommends ensuring that workers have a right to a harassment-free environment, adding a specific definition of both quid pro quo and hostile environment sexual harassment, and a wider range of remedies, as well as covering sexual harassment by co-workers (Towards pay equity: A legal review of Jordanian national legislation, 2013, page 5). The Committee asks the Government to provide information on the steps taken to implement the recommendations of the NSCPE legal review on pay equity as they relate to the Convention, in particular with respect to sections 4 and 29A(6) of the Labour Law, with a view to explicitly defining and prohibiting direct and indirect discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention, in all areas of employment and occupation, and covering all workers, as well as providing clear protection and remedies with respect to quid pro quo and hostile environment sexual harassment.

Restrictions on women’s employment. The Committee recalls that pursuant to section 69 of the Labour Code, the Minister shall specify industries and occupations in which it is prohibited to employ women, and times during which women shall not work. The Committee notes that Ordinance No. 6828 of 1 December 2010, which has been issued pursuant to section 69, excludes all women from working in a range of industries and occupations (section 2), and allows women to work at night, after approval, in only a very limited number of sectors and jobs (section 4). While noting that the Ordinance also prohibits the employment of pregnant and breastfeeding women in certain hazardous occupations (section 3), which is a special measure of protection under Article 5 of the Convention, the Committee considers that the broad limitations on women’s employment set out in sections 2 and 4 of the Ordinance constitute obstacles to the recruitment and employment of women and are contrary to the principle of equality of opportunity and treatment of men and women in employment and occupation. The Committee recalls that protective measures for women should be limited to the protection of maternity in the strict sense, and that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on fundamental Conventions, 2012, paragraphs 838–840). The Committee asks the Government to take the opportunity of the ongoing legislative review process to amend section 69 of the Labour Code and the corresponding Ordinance, to ensure that any restrictions on women’s employment are limited to maternity in the strict sense, and to provide information on any steps taken in this regard.

The Committee is raising other points in a request addressed directly to the Government.