Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Jordan (Ratification: 1966)

Article 1 of the Convention. Scope of application.  The Committee recalls its previous comments noting that section 3(b) of the Labour Code, as amended by Act No. 48/2008, provides that agricultural workers, domestic workers, gardeners and cooks are governed by specific regulations. It recalls that Regulation No. 90/2009 governs the situation of domestic workers, cooks, gardeners and similar workers, but that no such regulations have been adopted for agricultural workers. The Committee notes with regret that once again the Government confines itself in its report to reiterating that the Labour Code protects the wages of all workers. The Committee once again recalls that, where specific groups or sectors are governed by special laws or regulations, they should have the same level of rights and protections as other workers, as no provision in the Convention limits its scope with regard to individuals or branches of activity. The Convention applies to “all workers”, and the rule must be that the principle of equal remuneration for men and women shall apply everywhere (2012 General Survey on the fundamental Conventions, paragraph 658). The Committee once again urges the Government to provide detailed information on the manner in which the principle of equal remuneration for work of equal value is applied to groups of workers excluded from the scope of the Labour Code, and particularly domestic workers and agricultural workers.

Articles 1 and 2. Gender pay gap in the private sector.  The Committee recalls the persistent pay gap between men and women, the underlying causes of pay inequality between men and women identified by the study conducted by the National Steering Committee on Pay Equity (NSCPE) and the recommendations emanating from the study, including the need to develop and implement gender-neutral job evaluation methods. The Committee notes the Government’s statement in its report that pay differences between the sexes remain a problem in the labour market, and that the gender pay gap for those with a bachelor’s degree is 41.7 per cent in the private sector and 28.9 per cent in the public sector. The Committee notes the information provided by the Government on the various measures taken to reduce the gender pay gap in the education sector, including the “Stand up with the teacher” campaign, backed up by the National Committee for Pay Equity, in the context of which several awareness-raising activities were undertaken. The Committee notes the information provided by the Government on the distribution of men and women in the various industries and occupations, but notes that the Government has not indicated their corresponding wage levels. The Committee notes that the Government has become a member of the Equal Pay International Coalition (EPIC) launched by the ILO and UN Women in 2017. The Committee encourages the Government to continue taking steps to reduce the gender pay gap in the education sector. It also asks the Government to step up its efforts to address the gender pay gap and its underlying causes and to provide information on the progress achieved in this regard, including on any activities undertaken in cooperation with the social partners or with EPIC. The Committee also reiterates its request to the Government to provide updated statistical information on the distribution of men and women in the various industries and occupations in the private and public sectors, with their corresponding wage levels.

Application of the principle in the public service.  The Committee recalls the persistent occupational gender segregation in the public service and the gender pay gap. It recalls the Government’s previous indication that Regulation No. 3 of 2013 on the selection of civil servants for higher level jobs ensures that appointment to higher level jobs in the public service is made on the basis of competencies and efficiency, irrespective of sex. The Committee notes the Government’s general statement that women occupy senior public roles and that all citizens have the right to compete for senior-level posts whenever they are advertised in the press, irrespective of sex. However, the Committee notes that the Government has once again not provided concrete information to illustrate this statement. The Committee asks the Government to take concrete measures to address the persistent occupational gender segregation in the public service as a means of promoting equal remuneration for men and women for work of equal value, and to provide detailed information on any progress made in this regard. The Committee once again asks the Government to provide information on: (i) the practical application of Regulation No. 3 of 2013, and particularly its impact in improving women’s representation in higher level jobs in the public service; and (ii) to provide data on the representation of women in high-level jobs in the public service.

Article 2. Minimum wages.  The Committee recalls that the minimum wage for Jordanian workers was raised to JOD220 (USD310) in February 2017, but that the Government had indicated that women migrant domestic workers were entitled to a monthly minimum wage of JOD110 (USD155). Recalling the Government’s previous decision to exclude domestic workers and garment workers in the Qualifying Industrial Zone (QIZ) from the minimum wage, it welcomes the Government’s indication that a collective employment contract has been concluded for workers in the garment industry fixing the minimum wage for workers in the industry at JOD220. The Committee also notes the Government’s statement that, although the minimum wage does not apply to migrant workers, they nevertheless receive a wage equivalent to that of Jordanian workers because they are entitled to allowances for accommodation, food and transport, and that the employer bears the cost of charges for their work visa and travel. The Committee’s considers that the right to additional allowances does not in itself imply that migrant workers receive an equivalent wage to Jordanian workers. With regard to foreign domestic workers, the Government states that the domestic worker’s salary rate is set according to the reciprocal agreement with the Government of the worker’s home State, which can sometimes be much higher than the minimum wage. As an example, the Government indicates that the minimum wage for domestic workers from the Philippines is of USD400.  The Committee asks the Government to provide a copy of: (i) the collective employment contract concluded in the garment industry; and (ii) a reciprocal agreement concluded with the home country of a typical foreign domestic worker, for example the reciprocal agreement concluded with the government of the Philippines, and a list of the salary rates agreed upon with other countries. Further, noting that it is still unclear whether domestic workers are covered by the national minimum wage, the Committee asks the Government to indicate how it is ensured that the elements of payments in kind (such as allowances for accommodation, food, transport, etc.) are fairly and objectively valued.

Article 3. Job evaluation methods.  The Committee recalls that the Strategic Plan 2017–19 included a project to study pay for specific functional posts in the civil service in comparison with the private sector, including the wages of men and women, with the aim of wage harmonization in the public and private sectors. The Committee recalls the Government’s explanations that different criteria are taken into account for this comparison, including the individual worker’s performance evaluation process, and it reminded the Government that objective job evaluation aims to measure the relative value of jobs with varying content on the basis of the work performed and not the worker (2012 General Survey on the fundamental Conventions, paragraph 696). Noting that the Government has not replied to its previous requests on this subject, the Committee once again asks the Government to provide information on any study undertaken on pay in the civil service, and to indicate the methods used in determining the job classification and corresponding salary scales. The Committee once again asks the Government to indicate the measures taken to promote the use of objective job evaluation in the private sector, as also recommended by the NSCPE legal review in 2013.

Enforcement.  The Committee notes the Government’s indication that labour inspectors have received training on the collective agreement and the unified contract for workers in private schools. It notes however that no further information has been provided with regard to its previous requests. The Committee therefore asks the Government to: (i) take steps to raise awareness among workers, employers and their organizations, as well as labour inspectors and other public officials, of the principle of equal remuneration for men and women for work of equal value, and provide information in this respect; and (ii) provide information on any action taken to remedy violations detected by or brought to the attention of labour inspectors regarding unequal remuneration.