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

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

Article 1 of the Convention. Discrimination based on sex, race or colour. Migrant workers. In its previous comments, the Committee asked the Government to provide information: (1) on any ongoing revision to Regulation No. 90/2009 regarding domestic workers, cooks, gardeners and similar workers, as amended in 2011, as well as on the activities of the Non-Jordanian Domestic Worker Committee; (2) steps taken to address discrimination against migrant workers regarding, in particular, minimum wages; and (3) the criteria used to determine the value of the in-kind component of the minimum wage paid to migrant workers under the Collective Agreement in the garment industry, and to supply a copy of the study conducted by the audit company in this respect. Regarding the measures taken to address discrimination against migrant workers with regard to minimum wages, the Committee refers to its comment on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee notes the Government’s indication in its report that a draft amendment to the regulation regarding domestic workers was prepared and adopted by the Council of Ministers but is still to be enacted by Royal Decree, and promulgated in the Official Gazette. The amendments require employers to: (1) pay workers within seven days of the date on which the pay is due, whereas previously, no specific period was identified; and (2) guarantee the confidentiality of the meetings with workers, when labour inspectors examine complaints involving employers and domestic workers. They further prohibit an employer, who has contravened the provisions of the Labour Law or who has violated the rights of a domestic worker, from recruiting or employing another worker for a period determined by the Minister; and authorizes labour inspectors to seek permission from the judicial authorities to investigate a complaint, in the event that an employer refuses them access to the home. The Committee takes note of this information. The Committee recalls however that migrant workers cannot enter the country without being sponsored by an employer and can only change employment after two years and with the explicit written permission from the employer under the sponsorship system (kafala). The Committee asks the Government to: (i) provide information on all steps taken or envisaged to review the sponsorship system so that all migrant workers enjoy effective protection against discrimination on the grounds set out in the Convention, that is, race, colour, sex, religion, political opinion, social origin and national extraction; (ii) provide statistical information on the number of male and female workers who have submitted complaints against their employers or sponsors regarding discrimination and abuse, and the outcome of the cases, indicating whether they have requested and been granted a change of workplace; and (iii) provide information on the progress made in the revision of Regulation No. 90/2009, as well as on the activities of the Non-Jordanian Domestic Worker Committee.

Articles 2 and 3. Equality of opportunity and treatment for men and women. Workers with family responsibilities. In its previous comments, the Committee asked the Government to consider amending sections 67 and 72 of the Labour Law – which provide, respectively, for unpaid leave of one year for women to raise their children, and childcare facilities for children under 4 years of age in enterprises with at least 20 women workers – so as to guarantee equality of opportunity and treatment for men and women, and to provide information on the progress made in this regard. The Committee notes with interest that section 72 of the Labour Law (Amendments) Act No.14, of 2019, provides that an employer is required to establish childcare facilities in the workplace, which would benefit the workers who have children under 5 years of age, provided that the number is less than 15 children. The Committee also notes that under section 66 new fathers are entitled to have three days leave from work with full pay after the birth of a child whereas the Labour Law previously made no provision for paternity leave. The Committee notes, however, that section 67 has not been amended and still grants to women only the right for leave without pay for one year to take care of their children. The Committee encourages the Government to take the necessary measures to amend section 67 of the Labour Law to guarantee that parental leave benefit both men and women, and to provide information on the progress made in this regard. It also asks the Government to: (i) indicate the measures taken to promote the reconciliation between work and family responsibilities, both in the public and private sectors; and (ii) provide information on awareness-raising activities undertaken, including among workers, employers, and their respective organizations, to address stereotyped assumptions that the main responsibility for family care lies with women.

Access of women to employment. The Government indicates that following the 2019 amendments to the Labour law, the flexi-work arrangements, including flexible hours, part-time jobs and teleworking have been endorsed to facilitate women’s equal access to the labour market and reduce withdrawal from it. The Committee notes the Government’s reference to the National Strategy for Women (2020–2025) that aims to promote the social, economic and political rights of women and girls in Jordan, through enhanced representation and leadership in decision-making positions, as well as by fostering an enabling environment free of gender-based discrimination. The Committee notes that according to the 2020 Global Gender Gap Report published by the World Economic Forum, female labour force participation reached 15.1 per cent compared with 67.4 per cent for men in 2020. It also notes that according to the Decent Work Country Programme for Jordan 2018-2022, the majority of employed women work in education (40.6 per cent), human health and social work (14.5 per cent), and public administration and defence industries (12.8 per cent). The Committee notes that within the framework of the Jordan Vision 2025, the Government aims to raise women’s participation in the labour market from 15 per cent in 2014 to 27 per cent by 2025. The Committee asks the Government to provide information on the concrete measures taken to implement the National Strategy for Women (2020–2025) and Jordan Vision 2025, in terms of the promotion of women’s employment, in particular in occupations traditionally carried out by men and in occupations offering career prospects. Please provide statistical information disaggregated by sex, on the employment of men and women in the various occupations and sectors of economic activity, in order to assess progress made over time.

Access of women to the public service. From the statistical information provided by the Government, the Committee notes that, in 2019, of the total number of women working in the civil service, 17 women occupy high leadership positions, 45 per cent are in management positions and 47 per cent have the status of civil servants. According to these statistics, the recruitment of women has slightly increased from 55 per cent to 56 per cent from 2010 to 2019, whereas the recruitment of men has slightly decreased from 45 per cent to 44 per cent. The Government states that all appointments are made based on established criteria, which include equality of opportunity, fairness and transparency, and that a Ministerial Circular from 2018 provides that the gender of the candidate sought for a vacant position shall not be specified in order to prevent negative practices during the recruitment and to prohibit discrimination in the public sector. The Committee notes from the Jordan National Report submitted in 2019 for Beijing+25, that a study on the status of women in the civil service revealed that in 2015 women made up 7 per cent of the employees in the top category/second group, 51 per cent of the employees of the first category, 56 per cent of the employees of the second category, 24 per cent of employees of the third category and 29 per cent of employees under systems contracts and project contracts. The Government also adds, in the Beijing+25 report, that the total percentage of women in the public sector reached 45 per cent and that it reaches 56 per cent in the ministries of education and health (this percentage decreased to 24 per cent if those ministries were excluded). According to the same Report: “the percentage of female judges increased from 176 (17.5 per cent) in 2015 to 215 (22 per cent) in 2018 and is expected to rise to 25 per cent. Women hold high position in the judiciary as judges in the Court of Cassation, members of the Judicial Council, and chairs of the Court of Appeal bodies. The percentage of women in the Cabinet in 2018 reached an unprecedented 24 per cent. In the Senate, where this percentage reached 15.3 per cent, two women chair Standing Committees: the Labour and Development Committee and the Women’s Committee. The percentage of female diplomats in the Ministry of Foreign Affair amounts to 18.8 per cent. There are still positions not accessible to women, such as membership of the Constitutional Court, Sharia Courts, or Church courts because of cultural heritage that does not open some professions to women” (page 6). The Committee notes the progress achieved in women representation to a certain number of decision-making positions in the public service. The Committee asks the Government: (i) to provide information on the measures taken to actively encourage girls and women to choose non-traditional fields of study and professions and reduce girls’ early dropout from school; and (ii) to provide updated statistical information, disaggregated by sex, on the employment of men and women in the various posts and occupations of the public sector, including in the judiciary.

Vocational training. In response to the Committee request for information on the measures taken to promote women’s participation in vocational training, including in remote areas, the Government indicates that: (1) 38 national vocational training centres have been established, within the framework of the National Strategy 2016–2025 on training; and (2) that many vocational training centres have exempted their participants from training/transportation fees, in order to encourage women to enrol. In 2019, 4,235 graduate men and 1,188 graduate women were provided training classes in different economic activities. Moreover, within the framework of the Employment Promotion Programme (EPP) with the Ministry of Labour, 20 women were trained in 2018 on recycling, 696 girls on early childhood skills, and 60 graduates were trained and employed in various information communication technology (ICT) fields. The Committee asks the Government to continue to provide statistical information disaggregated by sex, on the participation of men and women in vocational training courses, as well as on the number of men and women who have secured employment after completing the training courses, including especially those jobs with opportunities for advancement and promotion traditionally held predominantly by men. 

Cooperation with workers’ and employers’ organizations. The Committee asks the Government to provide information on any additional cooperation with workers’ and employers’ organizations as regards discrimination in employment and occupation, including any training undertaken or envisaged among workers and employers, and their organizations on the anti-discrimination provisions.

Monitoring and enforcement. The Government indicates that, in 2019, it has provided 52 training courses for 540 labour inspectors to better identify and address issues related to discrimination in employment and occupation. Concerning the enforcement of Regulation No. 90/2009 regarding domestic workers, cooks, gardeners and similar workers, the Government indicates that, in 2019, the Labour Inspection Directorate received 621 complaints related to cases of abuses and 509 were dealt with amicably; warnings were issued against 50 recruitment agencies; and 6,444 transfers of migrant domestic workers to new employers took place. The Committee notes that the statistical data provided do not indicate the nature of the complaints and shows that very few cases gave rise to judicial decisions and to sanctions being imposed. The Committee requests the Government to provide information on the number and nature of complaints relating to cases of discrimination in employment and occupation submitted by migrant workers, including domestic workers, and to include information on any remedies provided or sanctions imposed.

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

Article 1(1)(a) of the Convention. Protection of workers against discrimination. Legislation. The Committee previously asked the Government to provide information on the steps taken to implement the recommendations of the legal review of the National Steering Committee for Pay Equity (NSCPE) as they relate to the Convention 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. The Committee recalls that there is no provision in Labour Law No. 8 of 1996 explicitly defining and prohibiting direct and indirect discrimination based on all the grounds enumerated in Article 1(1)(a) of the Convention. Noting that the report does not provide information in this regard, the Committee wishes to recall that, when legal provisions are adopted to give effect to the principle of the Convention they must include, as a minimum, all the grounds of discrimination listed in Article 1(1)(a) of the Convention (2012 General Survey on the fundamental Conventions, paragraph 853). The Committee therefore urges the Government to take the necessary measures without delay to amend the Labour Law No. 8, 1996, in order to: (i) prohibit direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation; and (ii) cover all categories of workers, in both the formal and informal economies, including domestic workers. The Committee also asks the Government to provide information on any progress made in this regard.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. Regarding the adoption of a definition and prohibition of both quid pro quo and hostile environment sexual harassment, the Committees notes the Government’s indication in its report that in 2019 a guide to raise awareness of sexual harassment in the workplace was developed by the social partners and the labour inspectorate. The guide includes a definition of violence and sexual harassment in the workplace, indicates the forms that they can take and the mechanisms for dealing with them, in particular by employers, with emphasis on the employer’s responsibility to provide a safe and adequate work environment. The Government also refers to: (1) the preparation and adoption of a guiding policy relating to protection against violence and harassment in the world of work under which employers undertake to provide a safe and healthy work environment that is free from all forms of violence, threats of violence, discrimination, harassment, intimidation and any other abusive behaviour; and (2) the introduction of a special clause into enterprise rules requiring them to adopt a policy on protection against violence and harassment in the world of work, in the absence of which the internal rules will not be validated by the labour inspectorate. The Committee notes that section 28(i) of the Labour Law provides that the employer may discharge the employee without notice if the employee physically assaults or humiliates the employer, the manager in charge, one of his superiors, any employees or any other person during work. Section 29(f) also provides that the employee may leave work without notice and still retain “his” legal rights for the termination of service as well as damage compensation if the employer or his or her representative physically or verbally assaults him or her during work. The Committee wishes to draw the Government’s attention to the importance of using gender-neutral terminology to avoid perpetuating stereotypes. It further notes that sections 296 to 299 of the Penal Code (Law No. 16 of 1960) establish a penalty of imprisonment in the event of “sexual assault”, “indecent flirting or behaviour” offences, “immoral conduct” and “immoral conduct in public places”, but do not provide a clear definition of sexual harassment. The Committee further notes the Government’s indication that the National Committee on Women’s Affairs is working on a number of amendments to the Labour Law aiming to introduce an obligation on employers to develop an anti-harassment policy at the workplace. In the absence of a comprehensive definition and prohibition of sexual harassment in the Labour Law, the Committee recalls the importance of taking effective measures to prevent and prohibit sexual harassment in employment and occupation (2012 General Survey, paragraph 789). The Committee therefore asks the Government to: (i) step up its efforts to ensure that a comprehensive definition and a clear prohibition of both forms of sexual harassment in employment and occupation (quid pro quo and hostile work environment) is included in the Labour Law and to ensure the use of gender-neutral language; (ii) continue taking preventive measures, including awareness-raising initiatives on sexual harassment in employment and occupation and on the social stigma attached to the issue, for workers, employers and their respective organizations, as well as law enforcement officials, specifying the procedures and remedies available; and (iii) provide information on the number, nature and outcome of any complaints or cases of sexual harassment in employment and occupation detected by labour inspectors and dealt with by the courts or any other body.

Article 5. Special protection measures. Restrictions on women’s employment. The Committee previously asked the Government to take the opportunity of the ongoing legislative review process to amend section 69 of the Labour Law and Ordinance No. 6828 of 1 December 2010 to ensure that any restrictions on women’s employment are limited to maternity in the strict sense, and are not based on stereotypical perceptions of the capabilities of women and their appropriate role in society, which would be contrary to the Convention and constitute obstacles to the recruitment and employment of women. The Government indicates that a Bill amending the Labour Law, including section 69, was submitted to the Chamber of Deputies for adoption and that it is still before Parliament. The Committee asks the Government to review its approach to restrictions on women’s employment and to take the necessary steps to ensure that section 69 of the Labour Code and the corresponding Ordinance No. 6828 are modified so that any restrictions on the work that can be done by women are limited to maternity protection in the strict sense, and are not based on stereotypical assumptions regarding their capacity and role in society. It asks the Government to provide information on any progress made in this regard.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

Repetition

Article 1 of the Convention. Discrimination based on sex, race or colour. Migrant workers. In its previous comments, the Committee asked the Government to provide information on any steps taken or envisaged to address effectively the situation of dependency and vulnerability of migrant workers, including the revision of Regulation No. 90/2009 regarding domestic workers, cooks, gardeners and similar workers, as amended in 2011, as well as on the activities of the Non-Jordanian Domestic Worker Committee. It also asked the Government to provide information on any steps taken to address discrimination against migrant workers in terms and conditions of employment, in particular minimum wages. The Committee notes that in its report the Government does not provide information in reply to the points raised in its previous comments. The Committee notes the decision of the Council of Ministry of 8 February 2017 setting the minimum wage for Jordanian workers at 220 Jordanian Dinars (JOD). The Committee recalls that the minimum wage for migrant workers in non-garment sectors was set at JOD150 by a decision of 2012. The Committee wishes to highlight that equal remuneration for work of equal value should be a component of the national policy on equality of opportunity and treatment in employment and occupation to be adopted under the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 759). The Committee considers that lower minimum wage for migrant workers may discriminate against workers with respect to terms and conditions of employment on the basis of race or colour. In this context, the Committee welcomes the Collective Agreement for the period 2017–19 concluded between Jordan Garments, Accessories and Textile Exporters’ Association (JGATE) and the Association of Owners of Factories, Workshops and Garments (AOFWG); and the General Trade Union of Workers in Textile, Garment & Clothing Industries, which provides, as of 1 March 2018, for an equal minimum wage of JOD220 for both Jordanian workers and migrant workers, laying down that for migrant workers the minimum wage will comprise a cash component of JOD125 and an in-kind component valued at JOD95. The Committee notes that the value of the in-kind component has been established on the basis of a study conducted by an audit company which estimated the value of food and accommodation provided by the employer at, respectively, JOD39 and JOD56. On the other hand, the Committee notes from the report Migrant Domestic and Garment Workers in Jordan, published by the ILO in 2017, that migrant workers cannot enter the country without being sponsored by an employer and cannot change employment or leave the country without first obtaining explicit written permission from the employer (kafala or sponsorship system). The Committee wishes to draw the Government’s attention to the fact that where a system of employment of migrant workers places those workers in a particular vulnerable position and provides employers with the opportunity to exert disproportionate power over them, this could result in discrimination based on the grounds enumerated in the Convention, including race, colour, national extraction and sex (see General Survey, paragraph 779). In view of the above, the Committee again asks the Government to provide information on any steps taken or envisaged to address effectively the situation of dependency and vulnerability of migrant workers, including the revision of Regulation No. 90/2009, as amended, as well as on the activities of the Non-Jordanian Domestic Worker Committee. The Committee also asks the Government to indicate the measures taken to address discrimination against migrant workers in terms and conditions of employment, in particular minimum wages. The Government is further requested to provide information on the criteria used to determine the value of the in-kind component of the minimum wage paid to migrant workers under the Collective Agreement in the garment industry, and to supply a copy of the study conducted by the audit company in this respect.

Articles 2 and 3. Equality of opportunity and treatment of men and women. Workers with family responsibilities. In its previous comments, the Committee referred to sections 67 and 72 of the Labour Code – which provide, respectively, for unpaid leave for one year for women to raise their children, and childcare facilities for children under 4 years of age in enterprises with at least 20 women workers – and recalled that, while such provisions may be seen as corresponding to the needs of women who continue to bear an unequal burden of family responsibilities, they raise issues with respect to equality of opportunity and treatment, as they reinforce social attitudes that hinder the realization of gender equality. It is therefore important to move towards making arrangements and providing entitlements aimed at reconciling work and family responsibilities for both women and men on an equal footing. Noting also that the legal review conducted by the National Steering Committee for Pay Equity (NSCPE) proposed amendments to these provisions, the Committee asked the Government, in the context of the current Labour Law review process, to consider amending sections 67 and 72 of the Labour Code so as to guarantee equality of opportunity and treatment for men and women, and to provide information on the progress made in this regard. The Committee notes that the Government’s report does not provide information on this point. It however notes that, in its concluding observation, the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the insufficient measures to promote the concept of shared family responsibilities and to combat the difficulties that women face in combining work and family responsibilities (CEDAW/C/JOR/CO/6, 9 March 2017, paragraph 43(a)). The Committee reiterates its request that the Government consider amending sections 67 and 72 of the Labour Code so as to guarantee equality of opportunity and treatment for men and women, and to provide information on the progress made in this regard.

Access of women to employment. The Committee notes the Government’s indication that various measures have been adopted to promote the employment of women. It notes from the statistical information provided by the Government on the distribution of men and women by economic activity of 2015, that women were mainly employed in the textiles and education sectors. The Committee also notes from the report of 2017 on “Promoting youth employment and empowerment of young women in Jordan” by the International Fund for Agricultural Development (IFAD) and the ILO, that young women face high barriers to entering the labour market, as labour market related social norms limit their employment options to a small number of professions. The Committee asks the Government to continue to provide information on the measures adopted to promote women’s employment on an equal footing with men, including measures directed at promoting women’s access to a broader range of jobs. Please also continue to supply statistical information on the distribution of men and women by economic activity.

Access of women to the public service. In its previous comments, the Committee asked the Government to provide information on: (i) the implementation of Regulation No. 3/2013 on the selection of civil servants for higher level jobs, indicating the concrete steps taken to ensure that no stereotypical considerations are being given to women’s suitability for certain posts upon appointment, and the practical impact of such measures on women’s access to higher level positions in the public service; and (ii) the measures taken, in the context of the National Strategy for Jordanian Women, to address occupational gender segregation in the public service. The Committee notes the Government’s indication that the Civil Service Bureau periodically reviews its regulations and policies to ensure that there is no discrimination on any grounds, including on the ground of gender. The Government also underscores that the Civil Service Regulations (Act No. 82 of 2013, as amended) make no distinction between men and women employees and, pursuant to section 41 of the Regulations, all appointments are made on the basis of established criteria which include equality of opportunity, fairness and transparency. The Government also states that the reports of the bodies charged with the supervision of these regulations do not identify any violations of these provisions. The Committee further notes the Government’s indication that the nature of certain specialized positions, such as teaching or nursing, requires the appointment of a person of a particular sex. The Committee recalls that the absence of discriminatory provisions in legislation or the absence of complaints may not be an indicator of the absence of discrimination in practice, nor is it sufficient to fulfil the obligations under the Convention (see General Survey, paragraph 850). It also wishes to emphasizes that exclusions or preferences in respect of a particular job under Article 1(2) of the Convention must correspond in a concrete and objective way to the inherent requirements of that particular job and should be determined without reliance on stereotypes and negative prejudices about the roles of men and women (see General Survey, paragraphs 788 and 831). The Committee therefore asks the Government to provide information on the measures taken to ensure that no stereotypical considerations are being given to women’s suitability for certain posts upon appointment, and the practical impact of such measures on women’s access to higher level positions in the public service. Please also provide detailed information on measures taken, in the context of the National Strategy for Jordanian Women, to address occupational gender segregation in the public sector.

Vocational training. In its previous comments, the Committee asked the Government to continue to pursue its efforts to promote women’s access to training, including in remote areas, with a view to addressing occupational gender segregation and enabling them to effectively access a wider range of jobs, and to provide information on the results achieved through such measures, including statistical information, disaggregated by sex, on the participation of men and women in the different training programmes, and the number of men and women, respectively, who have secured employment after completing the training courses. The Committee notes the information provided by the Government on the strategic plan (2015–20) of the Vocational Training Corporation (VTC), which is the principal provider of vocational training in Jordan, and notes its indication that the VCT provides training services to all sectors of society without discrimination. It also notes the Government’s indication that the National Employment-Technical and Vocational Education and Training (E-TVET) Strategy 2014–2020 includes among its focus areas the promotion of the role of women. In this regard, the Committee notes the Government’s indication that the VCT has launched a special project to promote women’s participation in vocational training, providing for facilities and material support to increase women’s enrolment, and has also implemented activities targeting inhabitants of peripheral and remote areas, including training schemes for women in the Husseiniya district of Maan governorate and the Dalil district of Zarqa governorate. The Committee asks the Government to continue to provide information on the measures taken to promote women’s participation in vocational training, including in remote areas, with a view to addressing occupational gender segregation and enabling women to effectively access a wider range of jobs, especially those jobs with opportunities for advancement and promotion traditionally held predominantly by men, and on their results. In this regard, the Committee also asks the Government to supply statistical information on the participation of men and women in the different training programmes, and on the number of men and women, respectively, who have secured employment after completing the training courses.

Cooperation with workers’ and employers’ organizations. In its previous comments, the Committee asked the Government to provide information on the application in practice of the Collective Agreement concluded between the JGATE and the AOFWG; and the General Trade Union of Workers in Textile, Garment & Clothing Industries, with regard to the promotion of equality and elimination of discrimination, as well as on any other collective agreements addressing discrimination. In the absence of information from the Government, and noting the conclusion, in 2017, of a new Collective Agreement for the garment industry, the Committee asks the Government to provide information on the application in practice of this Collective Agreement with regard to the promotion of equality and elimination of discrimination, and also reiterates its request for information on any other collective agreements addressing discrimination.

Monitoring and enforcement. The Committee again asks the Government to provide information on: (i) the measures taken to build the capacity of those involved in monitoring and enforcement, including judges, labour inspectors and other officials, to better identify and address issues related to discrimination in employment and occupation; and (ii) the enforcement of Regulation No. 90/2009 regarding domestic workers, cooks, gardeners and similar workers, including on any activities carried out to inspect households and recruitment agencies, as well as statistical information on the number and nature of complaints for discrimination addressed by the Directorate for Domestic Workers or other bodies and their outcome.

Statistics. Recalling the importance of statistical information for an effective evaluation of the progress made in applying the Convention, the Committee again requests the Government to provide up-to-date data, disaggregated by sex, on the distribution of men and women at all levels of the public and private sector.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Legislative framework. The Committee recalls that, in its previous observation, it welcomed the findings and recommendations of the legal review on pay equity conducted by the National Steering Committee for Pay Equity (NSCPE), with ILO support, and asked the Government to provide information on the steps taken to implement the recommendations arising out of the legal review as they relate to the Convention, in particular with respect to the proposed amendments to sections 4 and 29A(6) of the Labour Law, with a view, respectively, to: (i) 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; and (ii) providing clear protection and remedies with respect to quid pro quo and hostile environment sexual harassment. The Committee notes that the Government does not provide information in its report on any of these matters. It however notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the harsh conditions and high risk of physical and sexual abuse faced by many girls engaged as domestic workers (CEDAW/C/JOR/CO/6, 9 March 2017, paragraph 43(h)). In this regard, the Committee wishes to emphasize the importance of taking effective measures to prevent and prohibit sexual harassment in employment and occupation and it refers to the specific guidance provided in its general observation of 2002 on the topic. It also recalls that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see 2012 General Survey on the fundamental Conventions, paragraph 743). The Committee therefore again asks the Government to provide information on the steps taken to implement the recommendations of the NSCPE legal review on pay equity 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. The Committee also requests the Government to provide information on the measures taken in practice to raise awareness of and prevent and protect against sexual harassment in employment and occupation and on any cases relating to sexual harassment dealt with by the courts or detected by the labour inspectorate, and their outcomes.

Article 5. Special measures of protection. Restrictions on women’s employment. In its previous observation, the Committee referred to section 69 of the Labour Code, under which the Minister shall specify industries and occupations in which the employment of women is prohibited and the times during which women are prohibited from working, and asked the Government to take the opportunity of the ongoing legislative review process to amend section 69 of the Labour Code and the corresponding Ordinance No. 6828 of 1 December 2010, 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. Noting that the Government report is silent on this particular issue, the Committee recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment between men and women in employment and occupation. It also wishes to stress 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 2012 General Survey on the fundamental Conventions, paragraph 840). Such restrictions have to be justified (based on scientific evidence) and periodically reviewed in the light of developments and scientific progress in order to ascertain whether they are still needed and remain effective. In the absence of information from the Government, the Committee reiterates its request to 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 matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. Discrimination based on sex, race or colour. Migrant workers. In its previous comments, the Committee asked the Government to provide information on any steps taken or envisaged to address effectively the situation of dependency and vulnerability of migrant workers, including the revision of Regulation No. 90/2009 regarding domestic workers, cooks, gardeners and similar workers, as amended in 2011, as well as on the activities of the Non-Jordanian Domestic Worker Committee. It also asked the Government to provide information on any steps taken to address discrimination against migrant workers in terms and conditions of employment, in particular minimum wages. The Committee notes that in its report the Government does not provide information in reply to the points raised in its previous comments. The Committee notes the decision of the Council of Ministry of 8 February 2017 setting the minimum wage for Jordanian workers at 220 Jordanian Dinars (JOD). The Committee recalls that the minimum wage for migrant workers in non-garment sectors was set at JOD150 by a decision of 2012. The Committee wishes to highlight that equal remuneration for work of equal value should be a component of the national policy on equality of opportunity and treatment in employment and occupation to be adopted under the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 759). The Committee considers that lower minimum wage for migrant workers may discriminate against workers with respect to terms and conditions of employment on the basis of race or colour. In this context, the Committee welcomes the Collective Agreement for the period 2017–19 concluded between Jordan Garments, Accessories and Textile Exporters’ Association (JGATE) and the Association of Owners of Factories, Workshops and Garments (AOFWG); and the General Trade Union of Workers in Textile, Garment & Clothing Industries, which provides, as of 1 March 2018, for an equal minimum wage of JOD220 for both Jordanian workers and migrant workers, laying down that for migrant workers the minimum wage will comprise a cash component of JOD125 and an in-kind component valued at JOD95. The Committee notes that the value of the in-kind component has been established on the basis of a study conducted by an audit company which estimated the value of food and accommodation provided by the employer at, respectively, JOD39 and JOD56. On the other hand, the Committee notes from the report Migrant Domestic and Garment Workers in Jordan, published by the ILO in 2017, that migrant workers cannot enter the country without being sponsored by an employer and cannot change employment or leave the country without first obtaining explicit written permission from the employer (kafala or sponsorship system). The Committee wishes to draw the Government’s attention to the fact that where a system of employment of migrant workers places those workers in a particular vulnerable position and provides employers with the opportunity to exert disproportionate power over them, this could result in discrimination based on the grounds enumerated in the Convention, including race, colour, national extraction and sex (see General Survey, paragraph 779). In view of the above, the Committee again asks the Government to provide information on any steps taken or envisaged to address effectively the situation of dependency and vulnerability of migrant workers, including the revision of Regulation No. 90/2009, as amended, as well as on the activities of the Non-Jordanian Domestic Worker Committee. The Committee also asks the Government to indicate the measures taken to address discrimination against migrant workers in terms and conditions of employment, in particular minimum wages. The Government is further requested to provide information on the criteria used to determine the value of the in-kind component of the minimum wage paid to migrant workers under the Collective Agreement in the garment industry, and to supply a copy of the study conducted by the audit company in this respect.

Articles 2 and 3. Equality of opportunity and treatment of men and women. Workers with family responsibilities. In its previous comments, the Committee referred to sections 67 and 72 of the Labour Code – which provide, respectively, for unpaid leave for one year for women to raise their children, and childcare facilities for children under 4 years of age in enterprises with at least 20 women workers – and recalled that, while such provisions may be seen as corresponding to the needs of women who continue to bear an unequal burden of family responsibilities, they raise issues with respect to equality of opportunity and treatment, as they reinforce social attitudes that hinder the realization of gender equality. It is therefore important to move towards making arrangements and providing entitlements aimed at reconciling work and family responsibilities for both women and men on an equal footing. Noting also that the legal review conducted by the National Steering Committee for Pay Equity (NSCPE) proposed amendments to these provisions, the Committee asked the Government, in the context of the current Labour Law review process, to consider amending sections 67 and 72 of the Labour Code so as to guarantee equality of opportunity and treatment for men and women, and to provide information on the progress made in this regard. The Committee notes that the Government’s report does not provide information on this point. It however notes that, in its concluding observation, the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the insufficient measures to promote the concept of shared family responsibilities and to combat the difficulties that women face in combining work and family responsibilities (CEDAW/C/JOR/CO/6, 9 March 2017, paragraph 43(a)). The Committee reiterates its request that the Government consider amending sections 67 and 72 of the Labour Code so as to guarantee equality of opportunity and treatment for men and women, and to provide information on the progress made in this regard.

Access of women to employment. The Committee notes the Government’s indication that various measures have been adopted to promote the employment of women. It notes from the statistical information provided by the Government on the distribution of men and women by economic activity of 2015, that women were mainly employed in the textiles and education sectors. The Committee also notes from the report of 2017 on “Promoting youth employment and empowerment of young women in Jordan” by the International Fund for Agricultural Development (IFAD) and the ILO, that young women face high barriers to entering the labour market, as labour market related social norms limit their employment options to a small number of professions. The Committee asks the Government to continue to provide information on the measures adopted to promote women’s employment on an equal footing with men, including measures directed at promoting women’s access to a broader range of jobs. Please also continue to supply statistical information on the distribution of men and women by economic activity.

Access of women to the public service. In its previous comments, the Committee asked the Government to provide information on: (i) the implementation of Regulation No. 3/2013 on the selection of civil servants for higher level jobs, indicating the concrete steps taken to ensure that no stereotypical considerations are being given to women’s suitability for certain posts upon appointment, and the practical impact of such measures on women’s access to higher level positions in the public service; and (ii) the measures taken, in the context of the National Strategy for Jordanian Women, to address occupational gender segregation in the public service. The Committee notes the Government’s indication that the Civil Service Bureau periodically reviews its regulations and policies to ensure that there is no discrimination on any grounds, including on the ground of gender. The Government also underscores that the Civil Service Regulations (Act No. 82 of 2013, as amended) make no distinction between men and women employees and, pursuant to section 41 of the Regulations, all appointments are made on the basis of established criteria which include equality of opportunity, fairness and transparency. The Government also states that the reports of the bodies charged with the supervision of these regulations do not identify any violations of these provisions. The Committee further notes the Government’s indication that the nature of certain specialized positions, such as teaching or nursing, requires the appointment of a person of a particular sex. The Committee recalls that the absence of discriminatory provisions in legislation or the absence of complaints may not be an indicator of the absence of discrimination in practice, nor is it sufficient to fulfil the obligations under the Convention (see General Survey, paragraph 850). It also wishes to emphasizes that exclusions or preferences in respect of a particular job under Article 1(2) of the Convention must correspond in a concrete and objective way to the inherent requirements of that particular job and should be determined without reliance on stereotypes and negative prejudices about the roles of men and women (see General Survey, paragraphs 788 and 831). The Committee therefore asks the Government to provide information on the measures taken to ensure that no stereotypical considerations are being given to women’s suitability for certain posts upon appointment, and the practical impact of such measures on women’s access to higher level positions in the public service. Please also provide detailed information on measures taken, in the context of the National Strategy for Jordanian Women, to address occupational gender segregation in the public sector.

Vocational training. In its previous comments, the Committee asked the Government to continue to pursue its efforts to promote women’s access to training, including in remote areas, with a view to addressing occupational gender segregation and enabling them to effectively access a wider range of jobs, and to provide information on the results achieved through such measures, including statistical information, disaggregated by sex, on the participation of men and women in the different training programmes, and the number of men and women, respectively, who have secured employment after completing the training courses. The Committee notes the information provided by the Government on the strategic plan (2015–20) of the Vocational Training Corporation (VTC), which is the principal provider of vocational training in Jordan, and notes its indication that the VCT provides training services to all sectors of society without discrimination. It also notes the Government’s indication that the National Employment-Technical and Vocational Education and Training (E-TVET) Strategy 2014–2020 includes among its focus areas the promotion of the role of women. In this regard, the Committee notes the Government’s indication that the VCT has launched a special project to promote women’s participation in vocational training, providing for facilities and material support to increase women’s enrolment, and has also implemented activities targeting inhabitants of peripheral and remote areas, including training schemes for women in the Husseiniya district of Maan governorate and the Dalil district of Zarqa governorate. The Committee asks the Government to continue to provide information on the measures taken to promote women’s participation in vocational training, including in remote areas, with a view to addressing occupational gender segregation and enabling women to effectively access a wider range of jobs, especially those jobs with opportunities for advancement and promotion traditionally held predominantly by men, and on their results. In this regard, the Committee also asks the Government to supply statistical information on the participation of men and women in the different training programmes, and on the number of men and women, respectively, who have secured employment after completing the training courses.

Cooperation with workers’ and employers’ organizations. In its previous comments, the Committee asked the Government to provide information on the application in practice of the Collective Agreement concluded between the JGATE and the AOFWG; and the General Trade Union of Workers in Textile, Garment & Clothing Industries, with regard to the promotion of equality and elimination of discrimination, as well as on any other collective agreements addressing discrimination. In the absence of information from the Government, and noting the conclusion, in 2017, of a new Collective Agreement for the garment industry, the Committee asks the Government to provide information on the application in practice of this Collective Agreement with regard to the promotion of equality and elimination of discrimination, and also reiterates its request for information on any other collective agreements addressing discrimination.

Monitoring and enforcement. The Committee again asks the Government to provide information on: (i) the measures taken to build the capacity of those involved in monitoring and enforcement, including judges, labour inspectors and other officials, to better identify and address issues related to discrimination in employment and occupation; and (ii) the enforcement of Regulation No. 90/2009 regarding domestic workers, cooks, gardeners and similar workers, including on any activities carried out to inspect households and recruitment agencies, as well as statistical information on the number and nature of complaints for discrimination addressed by the Directorate for Domestic Workers or other bodies and their outcome.

Statistics. Recalling the importance of statistical information for an effective evaluation of the progress made in applying the Convention, the Committee again requests the Government to provide up-to-date data, disaggregated by sex, on the distribution of men and women at all levels of the public and private sector.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Legislative framework. The Committee recalls that, in its previous observation, it welcomed the findings and recommendations of the legal review on pay equity conducted by the National Steering Committee for Pay Equity (NSCPE), with ILO support, and asked the Government to provide information on the steps taken to implement the recommendations arising out of the legal review as they relate to the Convention, in particular with respect to the proposed amendments to sections 4 and 29A(6) of the Labour Law, with a view, respectively, to: (i) 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; and (ii) providing clear protection and remedies with respect to quid pro quo and hostile environment sexual harassment. The Committee notes that the Government does not provide information in its report on any of these matters. It however notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the harsh conditions and high risk of physical and sexual abuse faced by many girls engaged as domestic workers (CEDAW/C/JOR/CO/6, 9 March 2017, paragraph 43(h)). In this regard, the Committee wishes to emphasize the importance of taking effective measures to prevent and prohibit sexual harassment in employment and occupation and it refers to the specific guidance provided in its general observation of 2002 on the topic. It also recalls that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see 2012 General Survey on the fundamental Conventions, paragraph 743). The Committee therefore again asks the Government to provide information on the steps taken to implement the recommendations of the NSCPE legal review on pay equity 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. The Committee also requests the Government to provide information on the measures taken in practice to raise awareness of and prevent and protect against sexual harassment in employment and occupation and on any cases relating to sexual harassment dealt with by the courts or detected by the labour inspectorate, and their outcomes.

Article 5. Special measures of protection. Restrictions on women’s employment. In its previous observation, the Committee referred to section 69 of the Labour Code, under which the Minister shall specify industries and occupations in which the employment of women is prohibited and the times during which women are prohibited from working, and asked the Government to take the opportunity of the ongoing legislative review process to amend section 69 of the Labour Code and the corresponding Ordinance No. 6828 of 1 December 2010, 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. Noting that the Government report is silent on this particular issue, the Committee recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment between men and women in employment and occupation. It also wishes to stress 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 2012 General Survey on the fundamental Conventions, paragraph 840). Such restrictions have to be justified (based on scientific evidence) and periodically reviewed in the light of developments and scientific progress in order to ascertain whether they are still needed and remain effective. In the absence of information from the Government, the Committee reiterates its request to 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 matters in a request addressed directly to the Government.

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

Article 1 of the Convention. Discrimination based on sex, race or colour. Migrant workers. The Committee recalls that Regulation No. 90/2009 regarding domestic workers, cooks, gardeners and similar workers, issued pursuant to section 3(b) of the Labour Code, 1996, in practice covers primarily foreign workers. The Committee notes that pursuant to amendments made to section 5(a)(5) of the Regulation in 2011, domestic workers are no longer prohibited from leaving the house without the householder’s permission, but are required “to notify the householder before leaving the house or of any absence”. With respect to section 5(c), according to which if a worker runs away “without good cause attributable to the householder, the worker shall bear all financial obligations” set out in the contract of employment, including repatriation costs, the Government indicates that payment of compensation for termination of the employment contract, whether by nationals or non-nationals, can only be ordered by the court. Noting the Government’s explanation that the female domestic worker is required to inform the employer before leaving or being absent from work, the Committee considers that requiring migrant workers under section 5(a)(5) to notify their employers, even when they are not working, that they are leaving the house, could in practice limit their freedom of movement, and that the limitations in section 5(c), even if subject to judicial scrutiny, are vague and put the worker under threat of an excessive financial burden. The Committee remains concerned that these provisions could increase migrant workers vulnerability to discrimination and abuse, based on prohibited grounds, including sex, race or colour. The Committee also notes that as a result of the 2012 national negotiations on minimum wages, undertaken pursuant to section 52 of the Labour Code, the general minimum wage was set at 190 Jordanian dinars (JOD) for Jordanian workers, and JOD110 for migrant workers. The agreement came into force in January 2013. The Committee considers that the lower minimum wage for migrant workers may discriminate against workers with respect to terms and conditions of employment based on race or colour. The Committee asks the Government to provide information on any steps taken or envisaged to address effectively the situation of dependency and vulnerability of migrant workers, including the revision of Regulation No. 90/2009, as amended, as well as on the activities of the Non-Jordanian Domestic Worker Committee. The Committee also asks the Government to provide information on any steps taken to address discrimination against migrant workers in terms and conditions of employment, in particular minimum wages.

Articles 2 and 3. Equality of opportunity and treatment of men and women. Workers with family responsibilities. The Committee notes that pursuant to section 72 of the Labour Code, as amended by Interim Act No. 26 of 2010, enterprises with at least 20 women workers are required to provide adequate childcare facilities for children under four years of age. Section 67 of the Labour Code also provides that women are entitled to unpaid leave for one year to raise their children. The Committee draws the Government’s attention to the fact that while such provisions may be seen as corresponding to the needs of women who continue to bear an unequal burden of family responsibilities, they raise issues with respect to equality of opportunity and treatment, as they reinforce and prolong social attitudes that hinder the realization of gender equality. It is therefore important to move toward making arrangements and entitlements aimed at reconciling work and family responsibilities available to both women and men on an equal footing. Noting that the legal review conducted by the National Steering Committee for Pay Equity (NSCPE) proposes amendments to sections 67 and 72 so as to extend its coverage to men and women with children, and in the context of the current Labour Law review process, the Committee asks the Government to consider amending sections 67 and 72 so as to guarantee equality of opportunity and treatment for men and women, and to provide information on the progress made in this regard.

Access of women to the public service. Recalling its previous comments with regard to the persistence of gender segregation in the public service, the Committee notes the Government’s indication that, pursuant to Regulation No. 3/2013 on the selection of civil servants for higher level jobs, appointment to leading posts is made on the basis of competencies and efficiency, regardless of sex. The Committee also notes the Government’s reference to the third National Strategy for Jordanian Women (2012–15), which was developed by the National Commission for Women and aims to promote women’s political empowerment and improve their participation in public life and government structures. The Committee asks the Government to provide information on the implementation of Regulation No. 3/2013, indicating the concrete steps taken to ensure that no stereotypical considerations are being given to women’s suitability for certain posts upon appointment, and the practical impact of such measures on women’s access to higher level positions in the public service. Please also provide detailed information on measures taken, in the context of the National Strategy for Jordanian Women, to address occupational gender segregation in the public service.

Vocational training. Recalling its previous comments regarding the need for continued measures to promote women’s access to a wide range of training opportunities and occupations, the Committee notes that, according to statistics provided by the Government on the enrolment of men and women in vocational training programmes in 2012, the rate of female participation in higher level courses remains particularly low. The Committee asks the Government to continue to pursue its efforts to promote women’s access to training, including in remote areas, with a view to addressing occupational gender segregation and enabling them to effectively access a wider range of jobs. Please provide information on the results achieved through such measures, including statistical information, disaggregated by sex, on the participation of men and women in the different training programmes, and the number of men and women, respectively, who have secured employment after completing the training courses.

Cooperation with workers’ and employers’ organizations. The Committee notes the collective agreement for the period 2013–15 concluded between the Jordan Garments, Accessories & Textiles Exporters’ Association (J-GATE) and the Association of Owners of Factories, Workshops and Garments (AOFWG); and the General Trade Union of Workers in Textile, Garment & Clothing Industries, which contains a specific clause prohibiting discrimination on the grounds of “race, creed, religion, colour, national origin, sex, age, citizenship status, disability, or membership in or activities on behalf of the Union”. The Committee asks the Government to provide information on the application in practice of the collective agreement with regard to the promotion of equality and elimination of discrimination, as well as on any other collective agreements addressing discrimination.

Parts III and IV of the report form. Monitoring and enforcement. The Committee notes that the Government states generally that the Dispute Settlement Committee of the Directorate for Domestic Workers received 22 requests for regularization of migrant domestic workers, and assisted 103 Indonesian, 22 Sri Lankan and 32 Filipino female workers in leaving the country. In its report submitted under the Equal Remuneration Convention, 1951 (No. 100), the Government states further that 1,115 complaints under the Regulation were followed up in 2012, for claims against employers. The Committee also welcomes the training that has been provided to labour inspectors in August 2013, in the context of ILO technical assistance, with a view to increasing the capacity of labour inspectors to identify issues of discrimination and unequal pay. The Committee asks the Government to provide information on further measures taken to build the capacity of those involved in monitoring and enforcement, including judges, labour inspectors and other officials, to better identify and address issues related to discrimination in employment and occupation. Please continue to provide information on the enforcement of Regulation No. 90/2009, including on any activities carried out to inspect households and recruitment agencies, as well as statistical information on the number and nature of complaints addressed by the Directorate for Domestic Workers or other bodies and their outcome.

Part V. Statistics. Recalling the importance of statistical information for an effective evaluation of the progress made in applying the Convention, the Committee requests the Government to provide up-to-date data, disaggregated by sex, on the distribution of men and women at all levels of the public and private sector.

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

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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Protection of migrant workers against discrimination based on sex, race, colour and national extraction. The Committee recalls its previous comments in which it noted that Regulation No. 90/2009 of 1 October 2009 covering domestic workers, cooks, gardeners and similar categories, sets out in section 5(a)(5) an obligation for the worker to refrain from leaving the house without permission of the householder, and states in section 5(c) that if the worker “runs away without good cause attributable to the householder”, the worker shall cover all financial obligations set forth under the signed contract of employment, in addition to the repatriation costs. The Committee considered that these provisions might increase domestic workers’ vulnerability to discrimination and abuse, as a result of the disproportionate power exercised by the employer over the worker. The Committee notes the Government’s indication that there have been 1,882 complaints submitted to the Department on Domestic Workers, most of which are related to financial claims against the employers, wage arrears, and the transfer of female domestic workers from one household to another without completing the necessary procedures. The Government also indicates that the Non-Jordanian Domestic Worker Committee, comprised of representatives of the Ministry of Labour, the Ministry of Interior, the Residence and Borders Administration, representatives of the Union of Employment Agencies of Domestic workers from abroad, and a representative on behalf of the embassies of the labour exporting countries, is mandated to examine and find solutions to problems faced by domestic workers. The Committee asks the Government to indicate whether any steps have been taken or are envisaged, including by the Non-Jordanian Domestic Worker Committee, to address effectively the situation of dependency and vulnerability of migrant workers, including due to sections 5(a)(5) and 5(c) of the Regulation No. 90/2009. The Committee asks the Government to provide additional information the practical application of Regulation No. 90/2009, including statistics disaggregated by sex and origin, on the number and nature of complaints by workers addressed to the Department of Domestic Workers, the courts or other bodies, any labour inspections carried out, sanctions imposed and remedies provided. Please also provide information on the measures taken by the Non-Jordanian Domestic Worker Committee to address discrimination against domestic workers on the grounds set out in the Convention, including through awareness-raising activities targeting employers, employment agencies, and domestic workers, on issues faced by domestic workers in the context of their employment. The Committee also asks the Government to indicate any other steps taken or envisaged to protect domestic workers against discrimination based on all the grounds of the Convention, and more particularly based on sex, race, colour and national extraction.

Sexual harassment. The Committee previously noted the provisions of the Labour Code of 2008 and the Civil Service Statute No. 30/2007 which, according to the Government, adequately protect workers against sexual harassment in employment and occupation. The Committee had noted that, while the provisions seem to allow a sexually harassed worker to file a grievance with the administration, they do not provide a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment. The Committee notes the Government indication that, despite the absence of a clear reference made to sexual harassment in the Civil Service Statute No. 30/2007, the prohibition is included in section 68(e) which refers to acts violating the ethics of public office or breaching the principles of justice and fairness. The Government also indicates that sexual harassment is covered under the prohibition of acts constituting an offence against honour, or contrary to public morals, laid out in the Civil Service Statute, the Penal Code and the Code of Practice on Jobs. While noting these provisions, the Committee must stress that addressing sexual harassment primarily through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses, which is often the case, and the fact that criminal law generally focuses on sexual assault and not the full range of behaviour that constitutes sexual harassment in employment and occupation. The Committee asks the Government to provide information on the steps taken or envisaged to adopt provisions clearly defining and prohibiting both quid pro quo and hostile environment sexual harassment in employment and occupation. The Committee once again asks the Government to take appropriate measures to raise awareness of and prevent and protect against sexual harassment in the workplace and to provide information on the number and nature of complaints concerning sexual harassment dealt with by the Department of Family Protection as well as any court cases relating to sexual harassment based on the provisions of the Labour Code, the Civil Service Statute and the Penal Code.

Restrictions on the employment of women. The Committee notes the Government’s indication that the Ordinance of 1997 issued under section 69 of the Labour Code concerning women’s employment has been amended and promulgated in the Official Gazette No. 5068 on 1 December 2010. The Government further indicates that the amendments take into account the need to increase employment opportunities for women and to limit their restrictions on employment. Noting that the amended Ordinance was not attached to the Government’s report, the Committee asks the Government to provide a copy of the Ordinance of 1 December 2010 concerning restrictions on women’s employment.

Equal access of men and women to vocational training. The Committee recalls its previous comments regarding the need for continued measures to ensure that the type of training available for women enabled them to access and compete on an equal footing with men for a wider range of jobs. The Committee notes the statistics provided by the Government on the enrolment of men and women in training programmes between 2007 and 2010 showing an increase of 5 per cent in female students and a decrease of 5 per cent for male students. The Committee welcomes the study conducted by the Vocational Training Agency in October 2010, to follow-up on graduates completing the courses offered. However, it notes from the study that 46 per cent of male students and only 19.3 per cent of female students found employment following the training courses, and 58.3 per cent of female graduates were unemployed whereas only 13.6 per cent of male graduates were not able to secure employment. The Committee notes that 12 administrative, behavioural and technical training courses have been developed in order to increase women’s participation in management and leadership positions, and that 15 “women specific” training programmes were set up under the National Project on the Employment of Women. Noting that the low percentage of female graduates that have secured employment, and given that no information was provided on the types of jobs secured, the Committee asks the Government to step up its efforts to ensure that the training available to women is enabling them, in fact, to access a wider range of jobs, and to provide information in this regard. The Committee also asks the Government to provide detailed statistical data, disaggregated by sex, on the participation of men and women in the different types of training courses offered and to provide information on the number of men and women that have found employment as a result of this training, and the types of employment they have secured. Please provide additional information on the 15 “women specific” training programmes, including on their content and enrolment rate.

Practical measures to promote equality of opportunity and treatment between men and women. The Committee welcomes the information provided by the Government on the implementation of the National Project on the Employment of Women which aims, inter alia, to increase women’s enrolment rate in training courses, increase their access to management positions and diversify training programmes in order to foster their access to non traditional training programmes. The Committee notes that a number of projects targeting women in remote areas were developed by the Government, some of which are still pending approval, and are aimed at reducing enrolment fees for training programmes, improving women’s employment in non-traditional sectors and increasing access to education and vocational training for girls in remote areas. The Committee also notes that steps have been taken to encourage women from remote areas to participate in training courses, through awareness-raising activities on women’s rights in the Labour Code and the importance of their participation in the economy. The Committee hopes that the projects targeting access to vocational training and employment for women in remote areas which are still pending approval will soon be operational and asks the Government to keep it informed on any developments in this regard. The Committee also asks the Government to provide information on any developments and results achieved through the various measures taken to improve the employment rate of women from remote areas, including the project on girls’ employment in rural areas and the training courses specifically aimed at girls and women from rural areas. Please also indicate whether and how social partners have collaborated in this process.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

National policy and legislation. Prohibition of discrimination based on all the grounds listed in the Convention. The Committee recalls that in implementing a national policy designed to promote equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination in accordance with Articles 2 and 3 of the Convention, attention should be given to all the grounds set out in Article 1(1)(a). The Committee notes, however, that for a number of years, the Government has persistently failed to provide information on measures taken to promote and ensure equality of opportunity and treatment in employment and occupation, and to address de facto inequalities which may exist with respect to the grounds covered by the Convention, other than sex. The Committee notes that in its most recent report, the Government, referring to sections 6 and 23 of the Constitution and section 2 of the Labour Code, merely states that the provisions of the law apply to all workers regardless of sex, nationality, race, colour and religion and that any other rights and privileges specified in the law apply to all workers without discrimination. The Committee notes that sections 6 and 23 of the Constitution guarantee for all Jordanians the right to work and their equality before the law without discrimination based on race, language and religion, and that section 2 of the Labour Code defines a “worker” as being a “any person, male or female, who performs work in return for wages or who is attached to an employer, and under his order, including young persons, and persons who are under probation or training”. The Committee must observe, however, that the above provisions fall short of effectively prohibiting discrimination on the grounds enumerated in Article 1(1)(a) and with respect to all aspects of employment and occupation. The Committee draws the Government’s attention to the importance of reviewing continually the protection afforded by the national legislation to ensure that it remains appropriate and effective. In the absence of a clear legislative framework, the Committee asks the Government to take all necessary measures to ensure effective protection, in law and in practice, against discrimination in employment and occupation with respect to the grounds of race, colour, national extraction, religion, political opinion and social origin. In this regard, and recalling that providing for effective legislative protection against discrimination is an important step in implementing a national equality policy, the Committee strongly encourages the Government to adopt legislative provisions specifically prohibiting and defining direct and indirect discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention and in all areas of employment. The Government is further requested to indicate all measures taken to address any de facto inequalities that may exist with respect to the grounds covered by the Convention in respect of access to vocational training and guidance, access to employment and particular occupations, including recruitment, as well as with respect to all terms and conditions of employment.

Access of women to the civil service. The Committee recalls that for a number of years it has been pointing out the persistence of occupational segregation of women in the civil service and has pointed out that the criterion of seniority, when applied for purposes of promotion into higher posts, should not lead to indirect discrimination against female civil servants. The Committee had urged the Government to take effective steps to address occupational gender segregation, and to address the issue of women having an insufficient number of accumulated years of experience and knowledge. The Committee notes from the statistics provided by the Government, which unfortunately do not provide an indication of the particular year they cover, that women continue to be underrepresented in the civil service, especially at higher levels, such as in leading posts where they account for only 10.1 per cent of workers at that level, and in supervisory posts, where they represent 37.9 per cent of workers, the majority of whom are in the education sector (60.45 per cent). The Committee notes that the Government once again does not provide information on the specific steps taken to address occupational segregation, to ensure an equitable application of the criterion of seniority and to promote women to higher level posts, but rather indicates that the Civil Service Regulations ensure equal opportunities for men and women in all positions, including in high-ranking, leading and supervisory posts and that the criteria used to appoint officials in the civil service ensures equality between men and women. The Committee stresses that the Government has the obligation, under the Convention, to address both direct and indirect discrimination based on sex, with respect to employment and occupation in the civil service. The Committee, therefore, urges the Government to take immediate and effective steps to address occupational gender segregation in the civil service, including taking measures to overcome the problem of women having an insufficient number of accumulated years of experience and knowledge, and to promote women to higher level posts. Please continue to provide up-to-date statistics on the distribution of male and female employees in all posts of the civil service enabling the Committee to make an assessment over time of the progress made in promoting access of women to all levels of the civil service.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Protection of migrant workers against discrimination based on sex, race, colour and national extraction. The Committee notes Regulation No. 90/2009 of 1 October 2009 regarding domestic workers, cooks, gardeners and similar workers, issued pursuant to section 3(b) of Labour Code No. 8/1996, as amended by Act No. 48/2008. It notes that the Regulation appears to cover primarily foreign workers, and provides for a written contract of employment (section 3), a mechanism to submit complaints to the Ministry of Labour and visits by labour inspectors for complaints regarding accommodation. The Regulation also provides for the establishment of a “Non-Jordanian Domestic Worker Committee” (section 9). The Committee however also notes that section 5(a)(5) requires the worker to refrain from leaving the house without permission of the householder, while section 5(c) provides that if the worker “runs away without good cause attributable to the householder”, the worker shall cover all financial obligations set forth under the signed contract of employment, in addition to the repatriation costs. The Committee considers that such provisions place the workers concerned in a situation of increased vulnerability to discrimination and abuse, as a result of disproportionate power exercised by the employer over the worker. The Committee requests the Government to provide information, including statistics disaggregated by sex and origin, on the practical application of Regulation No. 90/2009. In this regard, information should include the number and nature of any complaints by workers and householders addressed to the Ministry of Labour, any labour inspection visits carried out, sanctions and fines imposed on employers and workers for non-compliance, and remedies provided. With respect to section 5(a)(5) and section 5(c), please indicate how the concern of reducing the migrant workers’ dependency on the employer is effectively addressed. Please also provide information on the mandate of the Non‑Jordanian Domestic Worker Committee.

Sexual harassment. The Committees notes the Government’s indication that the amendments to the Labour Code (Act No. 48 of 2008), in particular section 29 (providing for sanctions in the case of sexual assault by the employer), and the new Civil Service Statute No. 30/2007, in particular section 171(a), adequately protect against sexual harassment at work. According to the Government, sexual harassment in the public service is deemed to be one of the crimes constituting an offence against honour (and punishable under section 171(a)). Chapter XVII of the new Civil Service Statute entitles an employee to file an administrative grievance if she/he is subjected to any act violating the ethics of public office, or breaching the principles of justice and fairness, or is subjected to pressure or coercion or unlawful demand by any employee, whether a chief, colleague or subordinate, or any action which would constitute a violation of the employee’s integrity. Chapter XVII would allow an employee who is subject to sexual harassment in the work environment to file a grievance with the administration. While noting these explanations, the Committee must observe that without a clear definition and prohibition of sexual harassment (quid pro quo and hostile environment) in the Labour Code and the Civil Service Statute, it remains doubtful whether the legislation is effectively addressing all forms of sexual harassment. The Committee strongly encourages the Government to include a clear definition of what constitutes sexual harassment in the workplace, taking into account all elements set out in the general observation of 2002 on this Convention. It also asks the Government to take appropriate measures to raise awareness of and prevent and protect against sexual harassment in the workplace. Please provide information on the number and nature of complaints concerning sexual harassment dealt with by the Department of Family Protection as well as any court cases relating to sexual harassment based on the provisions of the abovementioned legislation.

Restrictions on the employment of women. Recalling the Ordinance of 1997 issued under section 69 of the Labour Code concerning restrictions on women’s employment, the Committee notes the Government’s statement that the Committee established to amend the Ordinance is still meeting. The Committee asks the Government to take the necessary steps so that the review of the relevant provisions and any subsequent amendments take into account the need to ensure that protective measures are strictly limited to protecting maternity, and that those provisions aimed at protecting women because of their sex or gender, based on stereotyped assumptions, are repealed. It asks the Government to provide information of any progress made in this regard.

Equal access of men and women to vocational training. The Committee recalls its previous comments in which it was encouraged by the efforts by the Government to promote women’s access to vocational training with a view to diversifying their employment opportunities, but had also pointed to the need for continued measures to ensure that the type of training available for women was enabling them to access and compete on an equal footing with men for a wider range of jobs. The Committee notes the statistics provided by the Government on the enrolment of men and women in training programmes for 2006 and 2007 indicating an increase of 18 per cent of female students and a decrease of 9 per cent in male students enrolling in the courses offered. However, no information is provided on the type of training courses offered and on whether these have had a real impact on women’s possibilities to find employment on an equal footing with men as a result of such training. The Committee therefore asks the Government to continue to provide information on the measures taken to ensure that the training available to women is enabling them, de facto, to access a wider range of jobs, and to provide information demonstrating any real progress made in this regard. The Government is also requested to provide detailed statistical data, disaggregated by sex, on the participation of men and women in the different types of training courses offered and on the number of men and women that have found employment as a result of this training.

Practical measures to promote equality of opportunity and treatment between men and women. Further to its observation, and with respect to its previous comments regarding the activities carried out under the National Project on the Employment of Women, the Committee notes the information in the Government’s report about the employment opportunities being created in remote areas. It also notes the statistical information on the number of female graduates and their employment rate, which dates, however, from 2005. The Committee asks the Government to continue to provide information on the practical measures taken to encourage women from remote areas to participate in vocational training programmes, including up to date information on the extent to which such training has resulted in these women obtaining and remaining in employment, including in the production branches created in the remote areas. Please also provide information on any measures taken to address stereotypical attitudes pervasive in the labour market and in society more generally, and the outcome of such measures.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Access of women to the civil service. For a number of years, the Committee has been pointing to the persistent occupational segregation of women in the lower categories of the civil service and the slow progress in achieving an equitable balance between men and women, particularly in higher level posts. It has questioned the effectiveness of some of the measures indicated by the Government to address this phenomenon, and has pointed out that where seniority is a determining factor for purposes of promotion into higher level posts, the equitable application of this criterion should not lead to indirect discrimination against female civil servants. Consequently, the Government had been requested to review whether the weight given to the criterion of accumulated knowledge and years of experience to access higher level posts in the civil service has had a discriminatory impact on women’s possibilities to access such posts, and to take more proactive measures to address the occupational gender segregation within the civil service. The Committee notes with regret that the Government continues to affirm that the Civil Service Statute provides women and men with equal opportunities to access all posts without restrictions, without providing further details on any measures taken to review whether the application of the criterion of accumulated years of experience and knowledge is not leading, in practice, to indirect discrimination against women. The Committee wishes to point out that, under the Convention, the Government has the obligation to address both direct and indirect discrimination based on sex, with respect to employment and occupation in the public service. The Committee, therefore, urges the Government to take effective steps to address the occupational gender segregation within the civil service, including the taking of measures to overcome the problem of women having an insufficient number of accumulated years of experience and knowledge, and to promote women to higher level posts. Please also provide detailed and up-to-date statistics on the distribution of male nd female employees in all posts of the civil service.

National policy on equality of opportunity and treatment with respect to other grounds. The Committee notes with regret that the Government once again fails to provide information on the measures taken to promote equality of opportunity and treatment in employment and occupation with respect to grounds other than sex, and to address de facto inequalities which may exist based on race, colour, national extraction, religion, political opinion or social origin with respect to training, employment and conditions of work. The Committee urges the Government to take concrete measures, in accordance with Article 3(a)–(e) of the Convention, to guarantee the effective application of the Convention, in law and in practice, with respect to the grounds of race, colour, national extraction, religion, political opinion and social origin.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Sexual harassment. The Committee recalls its previous comments in which it found that the provisions in the Civil Service Act No. 55 of 2002, the Penal Code and the Labour Code dealing with sexual harassment were unlikely to provide sufficient protection against all forms of sexual harassment in the workplace as outlined in the general observation of 2002 on this Convention. The Committee notes the Government’s statement that draft amendments to the legislative provisions concerning sexual harassment have been submitted to the Council of Ministers, which will include a definition of sexual harassment and provide for sanctions in case of violations. The Committee further notes that the Government is also undertaking awareness-raising and preventative guidance programmes of a more general nature for male and female trainees and that complaints relating to sexual harassment are being forwarded to the Department of Family Protection. The Committee hopes that the draft amendments will address adequately all forms of sexual harassment (i.e. quid pro quo and hostile environment) and asks the Government to provide the texts of the amendments. The Committee also asks the Government to indicate any measures taken or envisaged, in cooperation with the workers’ and employers’ organizations, to raise awareness on and to prevent and protect sexual harassment in the workplace. Please also provide information on the number and nature of complaints concerning sexual harassment dealt with by the Department for Family Protection as well as any court cases based on the provisions of the abovementioned legislation.

2. Restrictions on the employment of women. With respect to its previous comments concerning the Ordinance of 1997 issued under section 69 of the Labour Code concerning certain restrictions on women’s employment, the Committee notes that the information technology sector has been excluded from the sectors in which women are prohibited from working at night. The Committee recalls that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society may give rise to violations of the principle of equality of opportunity and treatment. The Committee asks the Government to keep it informed of any further amendments to the Ordinance of 1997 issued under section 69 of the Labour Code. It also asks the Government to regularly review the list of work prohibited to women, so as to ensure that protective measures will be limited to protecting the reproductive capacity of women and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, will be repealed. Please keep the Committee informed of any further legislative developments.

3. Practical measures to promote equality of opportunity and treatment between men and women. The Committee notes that under the National Project on the Employment of Women, activities have been carried out to reach out to women in remote areas and to promote their employment opportunities. It notes in particular that employment agreements have been concluded with companies specialized in engaging jobseekers in the different regions, especially in remote areas, and that the Vocational Training Institution has organized awareness-raising campaigns to encourage young women to join vocational training programmes aimed at improving the economic situation of women. The Committee asks the Government to continue to provide information on the activities carried out under the National Project on the Employment of Women, and in particular information, including statistics disaggregated by sex, on the results achieved regarding the number of women who have participated in vocational training programmes and who have obtained and remained in employment. Noting the Government’s awareness that attitudes based on stereotypes regarding the suitability of certain jobs for women still prevail, the Government is also requested to provide information on the measures taken or envisaged to address stereotypical attitudes pervasive in society and the labour market.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Access of women to the civil service. The Committee recalls its previous observation in which it expressed concern over the continuing occupational segregation of women in the lower categories of the public service and the slow progress in achieving an equitable balance between men and women in the public service, particularly at higher levels. The Committee notes that the Government submits that by encouraging women to work for longer service periods they will become capable of meeting the established competitive conditions to fill supervisory positions which require an accumulation of knowledge and experience over long years of service. The Committee further notes the Government’s explanations that under the Civil Retirement Act of 1995 women were allowed to leave the civil service early to work in the private sector and as such receive two pensions, one under the Civil Retirement Act and one under the Social Security Act. Female civil servants therefore preferred, after having served the statutory period required for retirement, to leave the civil service to work in the private sector due to the low salaries in comparison with the private sector, especially in the education sector which accounts for 65 per cent of the public service. The Government expects that this phenomenon will disappear since all public service employees are now covered by the Social Security Act. According to the Government, this should reflect positively on the choice of female civil servants to stay in the public service and as such accumulate the years necessary to enjoy a higher degree of competitiveness to access positions at higher levels. The Committee further notes that in 2002, the Government increased the period of service required for going into civil service retirement by five additional years for both men and women, but that this has generated strong disagreement among the national women’s associations. While appreciating the information by the Government on the measures taken, the Committee questions whether these measures effectively address the persistent problem of occupational segregation of men and women in the different occupational categories of the civil service. The Committee also wishes to point out that where seniority is a determining factor for purposes of promotion into higher level posts, the equitable application of this criterion should not lead to indirect discrimination against female civil servants. Moreover, female civil servants whose employment has been interrupted for reasons of maternity or family responsibilities will be penalized to the extent that their seniority in the civil service is curtailed by the period of the interruption. In order to prevent indirect discrimination, it may be necessary to review, in the light of the principle laid down in the Convention, the choice and weighting of the elements to be taken into account in evaluating a civil servant’s possibilities and capabilities in accessing higher level posts. The Committee asks the Government:

(a)   to review whether the weight given to the criterion of accumulated knowledge and years of experience to access higher level posts in the civil service has a discriminatory impact on women’s possibilities to access such posts;

(b)   to take more proactive measures to address the occupational segregation within the civil service, including the taking of measures to overcome the problem of women having an insufficient number of accumulated years of experience and knowledge, and to promote women in higher level posts, and further to provide information on the results achieved; and

(c)   to continue supplying information on the distribution of men and women in all posts of the civil service.

2. Equal access of men and women to vocational training. The Committee recalls its previous comments on the measures taken to improve women’s educational attainment, technical skills and experience and the need to diversify women’s employment opportunities. The Committee notes the extensive information in the Government’s report on the measures taken to increase women’s access to vocational training. It notes in particular the efforts, despite existing stereotypes on women’s “suitability” for certain jobs and occupations, to increase the capacity of vocational training institutes to provide training for women and girls and to promote their participation in a wider range of vocational training courses, including those traditionally offered to male students. The Committee is encouraged by these developments but would still need more concrete information to assess the specific impact of these measures on women’s chances to compete on an equal basis with men for a wider range of employment opportunities, including in higher level positions. The Committee, therefore, asks the Government to continue to take the necessary measures to ensure that the type of training available for women is enabling them de facto to access a wider range of jobs, and to provide information in its next report demonstrating any real progress made in this regard. Such information should include up to date statistics disaggregated by sex on the participation rates of men and women in the various training courses and the number of men and women who have found employment as a result of such training.

3. National policy on equality on other grounds. The Committee notes the Government’s statement that the Government has always pursued a national policy of equality of opportunity and treatment for all, and that both nationals and non-nationals can join training programmes regardless of race, colour, religion, national extraction, political opinion or social origin. The Committee must once more regret that the information provided in the Government’s report remains very general and vague and does not indicate that any measures are being taken to address discrimination based on grounds other than sex. The Committee reminds the Government that under Articles 2 and 3 of the Convention, the effective application of a national policy requires the implementation of appropriate measures and programmes to promote and correct de facto inequalities which may exist in training, employment and conditions of work. The Committee, therefore, urges the Government to indicate in its next report the concrete measures taken or envisaged, as set out in Article 3(a) to (e) of the Convention, to guarantee the effective application of the Convention with respect to the grounds of race, colour, national extraction, religion, political opinion and social origin.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Sexual harassment. Referring to its previous request for information on the specific measures taken to prevent and protect against sexual harassment in law or in policy, the Committee notes that section 162 of Civil Service Act No. 55 of 2002 requires the dismissal of an employee if he or she is convicted of a felony or a crime contrary to public morals. The Government further reiterates the relevant provisions in the Penal Code and the Labour Code concerning acts against public morals. The Committee recalls that under the Convention sexual harassment is considered a prohibited form of sex discrimination in employment and occupation, which may require special measures of prevention and protection. While the current legal provisions may be a first step towards greater protection against sexual harassment, the Committee considers that these provisions are unlikely to provide sufficient protection against all forms of sexual harassment as outlined in its general observation of 2002. It, therefore, encourages the Government to examine whether the current provisions are adequately addressing all forms of sexual harassment in the workplace, and to provide information on any court cases based on the abovementioned provisions involving charges of sexual harassment and their outcomes. The Committee also reiterates its request to the Government to provide information on any educational and awareness-raising measures to prevent and protect against sexual harassment in the workplace.

2. Equal access of women to employment and occupation. The Committee notes that the 1997 Ordinance issued by the Minister of Labour under section 69 of the Labour Code prohibiting women from working during certain times and from undertaking certain tasks has not yet been revised or amended. The Committee notes the Government’s indication that it will notify the Committee once an amendment has been made, and requests the Government to keep it informed of any legislative developments.

3. Working Women’s Department. The Committee notes the general information provided by the Government on the training and monitoring activities of the Working Women’s Department relating to the National Project for the Employment of Women and Workers in the Manufacturing Industry. It notes that the results from the monitoring activities indicate that the main reasons women leave their employment include marriage, studies, family care, or the objection of parents to regional job mobility, as well as dismissal due to absence or low productivity. The Committee encourages the Government to continue to provide information on the activities of the Working Women’s Department, and requests it to indicate in its next report the specific measures taken, and results achieved, to address the underlying reasons for women leaving employment. It reiterates its request to the Government to provide more detailed information, including statistics, on the specific impact of the National Project on the Employment of Women on improving the economic situation of women in marginalized areas. The Committee also requests the Government to provide information regarding the measures taken or envisaged to address stereotypical attitudes pervasive in society, including any educational or awareness campaigns taking place or envisaged.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Access of women to the public service. For a number of years, the Committee has requested the Government to take specific measures with respect to its recruitment and training policies to achieve an overall increase in the participation of women in the public service, particularly at the higher levels. The Committee notes that the Government in its report reaffirms that the selection and appointment of employees in the public service occurs in accordance with the standards that guarantee equality between men and women without discrimination, and indicates that in 2004 women represented 49 per cent of the persons appointed in the public service. The Government further refers to its policy to build the capacity of civil service employees through their participation in missions and training sessions without discrimination, and provides statistics indicating that in 2004 out of the 977 missions and sessions exceeding one month, 410 were undertaken by women. While appreciating this information, the Committee nevertheless notes from the 2005 statistics on the distribution of men and women in different occupational categories of the civil service, that women continue to be disproportionately employed in Category 4 (administration) positions, while men dominate Category 1 (supervisory) and Category 2 (technical specialist) positions. Concerned about the slow progress in achieving a more equitable balance between men and women in the public service, and particularly at higher levels, the Committee recalls the Government’s obligation to take proactive measures to implement the national policy on equality in respect of employment under its direct control, in accordance with Article 3(d) of the Convention. The Committee urges the Government to step up its efforts in this regard, including by exploring the underlying causes of the existing imbalance, and to demonstrate the results of these efforts in its next report.

2. Equal access of men and women to vocational training and education. With respect to the measures taken to improve women’s educational attainment, technical skills and experience, the Committee notes from the information in the Government’s report that out of the 774 graduates of the training project targeting vocational competencies, only 102 were women. Under the national training project, 48.8 per cent of the graduates were women, 40.65 per cent of whom found employment. However, for the project targeting the clothing industry, out of the 4,076 graduates, 3,063 were women; they represented 75.15 per cent of the 40.64 per cent of those who found employment. The Committee, while appreciating the efforts taken by the Government to improve women’s technical skills, must note that these statistics do not give information on the specific courses provided, nor on how women’s participation in these training projects has helped to diversify women’s employment opportunities. It is, therefore, bound to conclude that without further details about the type of vocational courses in which women participate, women’s participation in vocational training appears to remain focused on traditional and so-called feminine sectors of employment such as the clothing industry. As access to vocational training and education is critical to the advancement of women’s employment and occupation, the Committee urges the Government to take the necessary measures to ensure that the type of training available to women does not inhibit their chances to compete on an equal basis with men for a wider range of employment opportunities, including at higher levels, and provide information in its next report demonstrating the progress made in this regard, as well as in providing training of women in non‑traditional sectors.

3. National policy on equality on other grounds. The Committee notes with regret that the Government’s report once more fails to provide information on how the Government is promoting a national policy of equality of opportunity and treatment in employment and occupation with respect to grounds other than sex. The Committee, therefore, urges the Government to indicate in its next report the specific measures taken to ensure and promote in law and in practice equality of opportunity and treatment and protection against direct and indirect discrimination in recruitment and training of nationals and non-nationals on the grounds of race, colour, religion, national extraction, political opinion and social origin.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Further to its observation, the Committee notes the information contained in the Government’s report and requests it to provide additional information on the following points.

1. With regard to sexual harassment, the Committee notes the Government’s statements that the Penal Code No. 16 of 1960, as amended, prohibits the offering of indecent work to a boy or girl under 15, making indecent suggestions in a public place or in society in general, and other acts contrary to public morals, that section 28(c) of the Labour Code specifies that an employer can dismiss a worker if he is found to have committed an act contrary to public morals at the workplace, that a worker has the right to leave his job without notice and request compensation if the employer has aggressed him or insulted him at work, and that in practice, the society is known by its strict tradition on sexual harassment-related actions. The Committee asks the Government if it has any intention to prohibit sexual harassment in the law or in a policy. The Government is also requested to supply information on administrative mechanisms, enforcement mechanisms and procedures that can be used to address sexual harassment, relevant court decisions as well as on educational and awareness-raising measures on prevention and protection against sexual harassment.

2. The Committee notes the Government’s statement that one of the most important measures taken as the follow-up to the recommendations of the research report on women workers in the textiles and garments industries is to carry out the National Employment Project through an integrated plan aimed at marginalized regions and targeted groups. It requests the Government to provide more detailed information, including statistical data, on the results and impact of such measures, as well as on other follow-up measures.

3. With regard to the Committee’s previous request that the Government envisage the possibility of reviewing the Ordinance of 1997 issued by the Minister of Labour under section 69 of the Labour Code setting out the jobs and times at which work by women was prohibited, the Committee notes the Government’s statement that it will inform the Committee of any amendments that occur to the legislation governing women’s employment, including information on the Ordinance promulgated in 1997, when it is finalized. It reminds the Government to provide such information when it is available.

4. With regard to activities and advisory services provided by the Working Women’s Department at the Labour Inspectorate, the Committee notes from the Government’s report that the aim of such activities and services is to monitor the National Employment project and prepare women through training programmes at the workplace, especially on basic life skills and management, and on resolving problems encountered by women in a number of sectors, through the circulation of a form on complaints and on reasons for leaving employment. The Government is requested to provide further information on the results or impact of such services.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes the information contained in the Government’s report. Further to its previous comments concerning the low participation of women in the public service, the Committee notes the Government’s statement that according to Section 46(b) of the Civil Service Regulations No. 55 of 2002, the selection and appointment of employees for work in the Civil Service Authority is made on the basis of criteria which ensure equality between all Jordanians. The Government also indicates that it is adopting an employment policy that makes no distinction between men and women. The Committee recalls that the prohibition of discrimination is not sufficient in itself to eliminate discrimination and achieve equality in reality; it is often necessary to adopt special positive measures to promote equal opportunity and access of women to employment and occupation. Therefore, the Committee again hopes the Government will be in a position to report on specific measures taken or envisaged with regard to recruitment policy and further training policy to achieve an overall increase in the participation of women in the public service, and particularly at the higher levels. The Committee requests the Government continue to provide up-to-date statistics on employment in the civil service classified by category and sex.

2. Further to its previous comments on inequalities between men and women in education and vocational training, the Committee notes the Government’s statement that the conditions specified in the Civil Service Regulations for the nomination of officials to training sessions do not distinguish between the sexes, that the Government undertakes to carry out the National Training Project with the participation of 12,000 male and female trainees, and that the National Training Institute has several training centres for both sexes without discrimination. The Committee again requests the Government to provide more detailed information, including statistical data, on targeted measures taken to improve women’s educational attainment, technical skills and practical experience, on the progress made in providing training for women in non-traditional sectors, and on the measures taken to ensure that training leads to a wider variety of employment opportunities for women, so that they are able to compete on an equal basis with men for a wide variety of posts in the public and private sectors, especially higher level posts.

3. The Committee notes that the Government’s report once again does not provide any information on how the Government is promoting a national policy of equality of opportunity and treatment in employment and occupation with respect to grounds other than sex, as covered by the Convention. It therefore urges the Government to indicate in its next report how protection against discrimination in employment and occupation on the basis of race, colour, national extraction, religion, political opinion and social origin is ensured in law and practice.

The Committee is also addressing a request on related and other matters directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information supplied by the Government and the statistics attached to the report.

1. In its previous comments, the Committee had requested the Government to envisage the possibility of reviewing the Ordinance of 1997 issued by the Minister of Labour under section 69 of the Labour Code setting out the jobs and times at which work by women was prohibited. It had also noted the Government’s explanation that these prohibitions were intended above all to protect the health and safety of women workers, but that they also took into account national traditions and customs and the private life of women workers by giving them the possibility to harmonize their family and working lives. In this regard, the Committee notes the Government’s statement that any decision promulgated on the basis of section 69 of the Labour Code will be subject to a periodic review, examination and evaluation by the social partners, and that promulgated decisions will be reviewed and amended, if the need for such review arises. It also notes the decision adopted by the Ministry of Labour on 10 January 2002 amending article 4 of the 1997 Ordinance on restricted working hours and occupations for women which adds the information technology sector and related occupations to the list of exceptions of sectors in which women are authorized to work between 8 p.m. and 8 a.m.

2. While fully appreciating the statement made by the Government, the Committee must repeat that family responsibilities may constitute an obstacle to equality in employment and be an important cause of direct or indirect discrimination against women. Therefore, it should be recognized that traditions and customs may reflect stereotype thinking and negative prejudices about men’s and women’s roles and capabilities, including those with respect to family responsibilities. The Committee trusts that the Government will consider a thorough examination of the provisions of the 1997 Ordinance in due course, involving workers’ and employers’ organizations and women workers, with a view to assessing whether it is still necessary to prohibit access of women into certain occupations, in light of any improvement in working conditions and the need to promote equality of opportunity and treatment. In any review, consideration should be given to the approach taken in the Night Work Convention, 1990 (No. 171), the Safety and Health in Mines Convention, 1995 (No. 176) and the ILO resolution of 1985 on equal opportunities and equal treatment for men and women in employment. The Government is also requested to continue to keep it informed of the progress made in the process of reviewing all Jordanian legislation, including the abovementioned 1997 Ordinance, and in particular the aspects of the legislation relating to women.

3. With regard to vocational training, the Committee notes the Government’s statement that despite the fact that men and women have a free choice to register and sign up for vocational training programmes, there is a trend to have separate training centres for women and men and centres where men and women are in the same place and trained in mixed workshops. The Committee notes indeed from the statistics supplied by the Government on the number of men and women enrolled in the various vocational training courses for the years 2002 and 2001, that the number of women trainees remains extremely low and that the enrolment of men and women in these courses occur largely along traditional lines: training centres for women almost exclusively focus courses related to secretarial work, sales work, hairdressing, dressmaking and textile manufacturing, and bakery while courses in centres for men focus on metalwork, car repair, general repair, carpentry, computers and electronics.

4. Further, while noting the Government’s statement on the dissemination of information on vocational training programmes and the holding of vocational guidance examinations that take into account the physical fitness for the specialization chosen, the Committee must note that the Government does not indicate on how this information system helps in opening a wide range of options to girls in their choice of occupation, nor is the Committee reassured that the vocational examinations for the choice of a trade or occupation do not perpetuate stereotypes. Given the segregation of men and women in training courses along traditional lines, the Committee recalls again that in order to open a broad range of occupations, vocational guidance and training has to be free of considerations based on stereotypes according to which specific trades or occupations are reserved for persons of a particular sex or certain disadvantaged groups. It asks the Government again to provide more detail on the progress made in promoting and providing non-traditional training for women and the measures taken to ensure that training leads to a wider variety of employment opportunities for women, including in higher level posts.

5. The Committee notes with interest the research report called "Women workers in the textiles and garments industries in Jordan: A research on the impact of globalization" (January 2002), which was conducted by a national working group composed of the Ministry of Labour, the General Confederation of Jordanian Trade Unions, the Chamber of Industry, the Chamber of Commerce and the Jordanian National Commission for Women. The Committee notes that the recommendations of the study aimed to be an impetus for further dialogue and follow-up and include suggestions to: (1) improve equality legislation to protect women against discriminatory practices with respect to recruitment, remuneration and promotion; (2) strengthening labour inspection services; (3) raising skills levels of women workers to enhance their employability and career advancement; and (4) enhance the active involvement of the social partners in policy making and interventions. The Committee considers this initiative an important step towards closer collaboration between the Government and the social partners to promote the acceptance and observance of the national policy on equal opportunity and treatment. It requests the Government to keep it informed of any other such initiatives jointly undertaken by the Government, the social partners and other stakeholders, as well as on the measures taken or envisaged to give follow-up to the recommendations of the study and to indicate their impact on the employment situation of women in the textile and garment industry, and on the employment opportunities for women in general.

6. The Committee reiterates its request to provide information on the activities and advisory services provided by the women workers’ division of the labour inspectorate and on the difficulties noted in practice by women inspectors in the application of the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the information in the Government’s report. In its previous comments, the Committee had noted that women represented only 35.7 per cent of employees in the public service, and that the majority of women working in the public service were concentrated in categories No. 2 (37.88 per cent were women), No. 3 (54.52 per cent were women) and No. 4 (24.72 per cent were women), while being under-represented in category No. 1 (5.87 per cent were women) and in the higher categories (0.89 per cent were women). It noted that the majority of women (56.54 per cent) working in the public service had the diploma of college societies, while few had higher level diplomas in comparison with men. It also noted that the majority of women working for the Ministry of Health were nurses while the positions of responsibility were practically all held by men. In light of these figures, the Committee requested the Government to indicate the measures which had been taken or were envisaged with regard to recruitment policy and further training policy (which largely determines promotion policy) to achieve an overall increase in the participation of women in the public service, and particularly at the higher levels.

2. The Committee notes the adoption of the new Civil Service Act No. 55 of 2002 and will examine its contents at its next session, following translation. It notes the Government’s explanations with respect to the tasks that correspond to the abovementioned categories 2, 3 and 4, and the Government’s statement that it is adopting a policy of non-discrimination in employment on the basis of rules governing the selection and appointment of employees in public service posts. The Government also states that the Civil Service Regulations have given the opportunity to women employees to fill all jobs including high-level and leading posts without restrictions and difference in the requirements needed for jobs and their right to apply for these posts. The Government also declares that the abovementioned statistics prove that there are no discriminatory practices in employment, but indicate the participation of women in accordance with their educational levels and practical experience. Recalling the importance of the State’s responsibility in pursuing a policy of equality of opportunity and treatment in respect of employment under its control, the Committee wishes to point out that in order to achieve such equality, it is often necessary to adopt special positive measures to promote equal access of women to employment and occupation; also the prohibition of discrimination is not sufficient in itself for the disappearance of discrimination in practice, even where legal provisions are correctly applied. The Committee, therefore, requests the Government to indicate the targeted measures taken to improve women’s educational attainment, technical skills and practical experiences of women, so that they are able to compete on an equal basis with men for all posts in the civil service, especially higher level posts.

3. The Committee notes that the Government’s report, once again, does not provide any information on how the Government is promoting a national policy of equality of opportunity and treatment in employment and occupation with respect to the other grounds covered by the Convention. It therefore requests the Government to indicate in its next report how protection against discrimination in employment and occupation on the basis of race, colour, national extraction, religion, political opinion and social origin is ensured in law and practice.

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

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government and the documentation attached to the report.

1. The Committee notes the statistics provided by the Government on the distribution of women in the Jordanian public service, which show that women only represent 35.7 per cent of employees in the public service, and that the majority of women working in the public service are concentrated in categories No. 2 (37.88 per cent), No. 3 (54.52 per cent) and No. 4 (24.72 per cent), while being under-represented in category No. 1 (5.87 per cent) and in the higher categories (0.89 per cent). It also notes the statistics provided by the Government on the composition of the workforce employed by the Ministry of Health. It regrets that the statistics provided have not been systematically disaggregated according to the gender of the employees concerned. However, it notes that the majority of women working for the Ministry of Health are nurses and that the positions of responsibility are practically all held by men. In the light of these figures, the Committee wishes to recall the importance of the State's responsibility in pursuing a policy of equality of opportunity and treatment in respect of employment under its control. It therefore requests the Government to indicate the measures which have been taken or are envisaged, with regard to recruitment policy and further training policy (which largely determines promotion policy), to achieve an overall increase in the participation of women in the public service, and particularly at the higher levels. The Committee would also be grateful to be provided with information on the type of jobs which are covered by categories Nos. 2, 3 and 4 above. It also notes that the majority of women (56.54 per cent) working in the public service have the diploma of college societies.

2. The Committee notes that the Legal Committee of the Jordanian National Committee for Women is continuing its review of all Jordanian legislation, and particularly the aspects of the legislation relating to women, and that the Government's report indicates that new amendments to laws have been submitted to the Council of Ministers since its previous report. The Committee is grateful to the Government for transmitting copies of the amendments adopted up to now by the Council of Ministers. The Committee requests the Government to continue keeping it informed of the progress made in the process of reviewing all Jordanian legislation and in the adoption by the Council of Ministers of the amendments proposed by the Legal Committee, as its survey progresses.

3. In its previous direct request, the Committee asked the Government to provide copies of any orders issued in accordance with section 69 of the Labour Code of 1996, which has the objective of protecting women's health and establishes that, after consultation with the competent official bodies, the Minister shall issue an order indicating: (a) the industries and occupations in which work by women is prohibited; and (b) the hours during which women may not work and the possible exceptions. The Government attached to its report a copy of an Ordinance of 1997 issued by the Minister of Labour under section 69 of the Labour Code setting out the jobs and times at which work by women is prohibited. According to this Ordinance, the employment of women is mainly prohibited in mining industries and ports, and it is forbidden to engage women in work between 8 p.m. and 8 a.m., unless exceptions are authorized (restaurants, hotels, theatres, cinemas, airports, hospitals, dispensaries, accountancy, etc.). The Committee takes due note of the Government's explanations that these prohibitions are intended above all to protect the health and safety of women workers, but that they also take into account national traditions and customs and the private life of women workers by giving them the possibility to harmonize their family and working lives. However, the Committee requests the Government to envisage the possibility of reviewing these provisions, in consultation with the social partners, and particularly women workers, with a view to assessing whether it is still necessary to prohibit the access of women to certain occupations, taking into account the improvement in working conditions and changing mentalities. It also draws the Government's attention to the provisions contained in this respect in: (a) the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176), and their corresponding Recommendaions; and (c) the ILO resolution of 1985 on equal opportunities and equal treatment for men and women in employment.

4. One of the reasons put forward by the Government to justify the prohibition of certain jobs for women is the concern to enable women workers to harmonize their working lives with the constraints of their family life. The Committee wishes to recall in this respect the statement that it made in its previous comment, namely that it would be desirable for certain measures which are applicable to women workers, with a view to enabling them to bring up or care for their children, to be progressively extended to men so that such advantages cease to be an obstacle to women's competitiveness on the labour market. Family responsibilities may indeed constitute an obstacle to equality in employment and be an important cause of direct or indirect discrimination against women. The adoption of such measures would signal the recognition of the fact that family responsibilities are a problem which concern the family and society, and not only women. In this respect, the Committee takes due note of the fact that, while the Government appreciates its suggestion of extending to male workers unpaid leave for a year with reinstatement in their job, which is envisaged solely for women workers under section 67 of the Labour Code (or of granting it to one of the two parents in cases where they are both employees), it nevertheless considers that such a proposal goes against the standards and practices currently in force in the country. The Committee nevertheless notes that section 68 of the Labour Code, under which men and women are entitled to take unpaid leave for a period not exceeding two years to accompany a spouse who is given an assignment outside the usual workplace or abroad, constitutes a step in this direction.

5. With regard to vocational training, the Committee takes due note of the Government's statement that it is exempt from any distinction, exclusion or preference based on race, colour, sex, religion, political opinion, national extraction or social origin. However, it wishes to recall that experience shows that discriminatory practices in respect of access to training rarely originate in legislative provisions or regulations that are expressly of a discriminatory nature; more commonly they arise out of practices that are based on stereotypes affecting mainly women or certain disadvantaged or minority groups of society. For this reason, the Committee draws attention to the importance of vocational guidance in opening a broad range of occupations free of considerations based on stereotypes according to which specific trades or occupations are reserved for persons of a particular sex or certain disadvantaged groups. It therefore requests the Government to indicate the measures which have been taken or are envisaged to: (a) establish an information system opening a broad range of options to girls in their choice of occupation; and (b) to ensure that guidance tests for the choice of a trade or occupation do not perpetuate stereotypes by emphasizing social or cultural characteristics which are not germane to the qualifications required for a particular job. Finally, the Committee would be grateful if the Government would provide statistics on the type of vocational training followed by young women and men.

6. The Committee also notes the detailed information provided by the Government concerning the terms of reference, activities and advisory services provided by the women workers' division of the labour inspectorate. The Committee requests the Government to provide copies of any reports, studies or surveys undertaken by this division of the labour inspectorate, as well as information on the difficulties noted in practice by women inspectors in the application of the Convention.

7. The Committee notes that the Government once again emphasizes in its report the collaboration between employers' and workers' organizations, rather than the collaboration of employers' and workers' organizations with the State to promote the acceptance and observance of the national policy against discrimination.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee takes note of the information supplied by the Government in its reports, in particular the copy of the National Charter, sections of which are devoted to equality irrespective of sex, race, language or religion. It also notes the Government's references to non-discrimination on the basis of disability that do not amount to a determination of disability as a further ground of prohibited discrimination.

1. The Committee notes the Government's observation that section 69 of the 1996 Labour Code (which stipulates that, upon consultation with the competent official bodies, the Minister shall adopt a decision specifying: (a) industries and trades where women's work shall be prohibited; and (b) hours in which women may not be employed and exceptions thereto) imposes restrictions on the employment of women with the aim of protecting their health. The Committee requests the Government to provide information on any decision adopted to date on the basis of this section.

2. The Committee notes with interest the work undertaken by the Jordanian National Committee for Women which, inter alia, conducted, through its Legal Committee, a comprehensive survey of all Jordanian laws and detailed studies on the aspects relating to women in these laws. Noting that the National Committee adopted the first group of recommendations issued by the Legal Committee and that these were subsequently submitted, in part, to the Council of Ministers where they are currently under study, the Committee requests the Government to provide a copy of the conclusions of the survey and copies of legislation amended, if any, by the Council of Ministers, especially with regard to the texts highlighted by the National Committee, namely the Personal Status Law No. 61 of 1976, the Jordanian Nationality Law, Act No. 6 of 1954, the Civil Retirement Act No. 24 of 1959, Ordinance No. 55/93, and the Social Security Act No. 30 of 1978. In addition, so as to be able to assess the impact on employment opportunity of the legislation, the Committee would like to have copies of the first group of amendments issued by the Department of Civil Status and Passports under the recommendations of the Committee concerning the Instructions of the Civil Status Law, Act No. 34 of 1973 and the Instructions concerning the Passport Law, Act No. 2 of 1969.

3. The Committee had previously requested information on the composition of the employees working in the Ministry of Health following information provided by the Government that out of the 8,689 women employees under the Ministry, 945 were recruited in 1994 alone. Therefore, the Committee requests the Government to provide information on the distribution of workers by sex and by job/category and level of responsibility.

4. The Committee notes with interest the establishment of a new department responsible for the affairs of women working in the Ministry of Labour and the appointment of nine female labour inspectors in various parts of the Kingdom to ensure the implementation of those provisions of the Labour Code which are related to the status of working women and to provide women with the necessary consultative services. The Committee would be grateful if the Government would provide information on the activities of the new department, the functioning and findings of the inspectors and the nature of the consultative services provided.

5. Article 3(a). The Committee notes the Government's statement that, in order to organize the labour market, the Ministry of Labour has adopted the principle of cooperation between the workers' and employers' organizations to encourage acceptance of the national policy against discrimination. Noting that Article 3(a) lays down a State's obligation to seek the cooperation of, rather than between, employers' and workers' organizations and other appropriate bodies in promoting the acceptance and observance of the national policy on the elimination of discrimination, the Committee requests the Government to provide information on measures that have been taken to facilitate such cooperation.

6. Finally, the Committee notes that the Government's report is silent on one issue on which it asked to be kept informed and must therefore repeat a part of its previous observation which reads as follows:

In its Special Survey on equality in employment and occupation of 1996, the Committee stressed that legislation on non-discrimination should be adopted as part of a policy on equality of opportunity and treatment in employment and occupation. It pointed out that special measures to protect maternity or the health of women are expressly recognized as non-discriminatory and are "always necessary", and suggested that certain provisions applicable to women to allow them to raise children or to care for them should increasingly be granted to men as well, so that the advantages granted cease to be an obstacle to women's competitiveness on the labour market (see paragraphs 131-133 of the above-mentioned Special Survey). The Committee therefore welcomes the significant improvements to the legislation which the above-mentioned provisions of the Labour Code represent, and suggests that the Government examine the possibility of extending to male workers, or granting to one of the two parents where both are employed, the right to one year's unpaid leave with reinstatement in their jobs, which is at present granted only to women workers under section 67.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's reports and the information sent in reply to its previous direct request, as well as the appended legislation (Education Act, 1994; Protection of the Disabled Act, 1993; Criteria and Rules for the Selection of Government Employees issued under section 11, paragraph 11(b), of the 1988 Civil Service Regulations). It also notes the recently published new Labour Code (Act No. 8 of 1996).

1. In an annex to the Government's report on the application of the Equal Remuneration Convention, 1951 (No. 100), it is stated that Chapter 1, paragraph 8 of the National Charter provides that Jordanians of both sexes are equal before the law and that, as regards their rights and duties, there shall be no discrimination on grounds of race, language, or religion. The Committee has also received information to the effect that the National Charter, adopted in June 1991, is a reference document for constitutional purposes. It asks the Government to provide a copy of the Charter and to indicate where it ranks in the hierarchy of domestic legislation.

2. The Committee notes with interest that many provisions of the new Labour Code are in line with the objectives of the Convention: section 27 which bans the dismissal of women workers during the period from the sixth month of pregnancy to the end of maternity leave; section 67 which entitles women who work in enterprises with at least ten employees to take unpaid leave of up to one year in order to look after their children and to return to their jobs at the end of that period; section 68 under which all workers, both men and women, may apply for leave without pay of up to two years and return to their jobs at the end of that period, in order to accompany a spouse whose work takes him/her elsewhere; section 70 which provides for ten weeks' (formerly six) maternity leave for all women workers, no longer requiring a certain period employment in the same establishment; section 71 under which, for one year following confinement, a woman worker is entitled to a one-hour break, with pay, to breast-feed her infant; and section 72 which requires employers, in certain circumstances, to provide appropriate premises and a competent teacher for the care of children under 4 years of age.

3. In its Special Survey on Equality in Employment and Occupation of 1996, the Committee stressed that legislation on non-discrimination should be adopted as part of a policy on equality of opportunity and treatment in employment and occupation. It pointed out that special measures to protect maternity or the health of women are expressly recognized as non-discriminatory and are "always necessary", and suggested that certain provisions applicable to women to allow them to raise children or to care for them should increasingly be granted to men as well, so that the advantages granted cease to be an obstacle to women's competitiveness on the labour market (see paragraphs 131 to 133 of the above-mentioned Special Survey). The Committee therefore welcomes the significant improvements to the legislation which the above-mentioned provisions of the Labour Code represent, and suggests that the Government examine the possibility of extending to male workers, or granting to one of the two parents where both are employed, the right to one year's unpaid leave with reinstatement in their jobs, which is at present granted only to women workers under section 67.

4. The Committee notes with interest that the National Committee for Women is represented in parliamentary debates on issues likely to lead, directly or indirectly, to discriminatory behaviour against women. It also notes with interest that an ordinance of the Prime Minister, No. 55/93, requests all state departments and public institutions to apply the provisions of the National Strategy for Women, in the belief that such a measure is a demonstration of the Government's real determination to give effect to its declarations of intent concerning the policy of non-discrimination between the sexes. It notes in particular the information contained in the report on the activities of the National Committee for Women, including the recent adoption of a number of legislative provisions designed to reduce discrimination against women workers, especially with regard to social protection (extension of their social coverage to minor children and to invalid spouses) and maternity leave for public servants (extension from two to three months). The Committee welcomes these measures which are directly linked to employment, and the measure, also reported by the National Committee for Women, whereby, in a tenancy contract signed by the husband, the wife and children are considered original tenants. This measure has an indirect yet very important impact on the job security of women in the event of dissolution of the marriage. The Committee would be grateful if the Government would provide a copy of all the above-mentioned provisions with its next report.

5. Further to its previous comments, the Committee notes the extensive information in the report of the National Committee for Women, concerning measures to increase the number of women in employment. It notes that a number of women have been appointed as members of Municipal and Village Councils throughout the country; it also notes that, out of 8,689 women employees under the Ministry of Health, 945 were recruited in 1994 alone. The Committee would be grateful if the Government would complete the information for this sector by indicating, in its next report, the distribution of workers by sex and by job category.

6. The Committee notes that, in order to promote a policy of non-discrimination between the sexes, the programme of the first ten years of schooling highlights the double role played by women, within the family and as active members of society. The Government is asked to provide in its next report information on the implementation of this programme which, according to the report of the National Committee for Women, was to begin in the school year 1995-96. It is also asked to provide information on the technical committees which, according to the same report, were created in 1993 and 1994 in order to implement the strategy of the National Committee for Women by means of short- and medium-term programmes.

7. The Committee notes that the Government's report refers to a number of improvements in access to employment for persons with disabilities (the requirement for employers, in the circumstances laid down by section 13 of the Labour Code, to employ a certain number of persons with disabilities who have undergone vocational rehabilitation, and to report to the Ministry the jobs held by the people concerned and their respective wages). It asks the Government to indicate in its next report whether, in view of the fact that disability is not one of the grounds of discrimination listed in Article 1, paragraph 1(a) of the Convention, it plans to make an explicit determination, after consultation with the employers' and workers' organizations, that it is an additional ground under paragraph 1(b) of the same Article.

8. Article 3(a). The Committee notes the information supplied by the Government concerning efforts to secure the cooperation of employers' and workers' organizations to encourage acceptance of the national policy against discrimination. It notes the comments made by the Federation of Jordanian Chambers of Commerce to the effect that, although from the legal and procedural points of view there is no discrimination in employment and occupation, in practice the situation is different: "such discrimination will exist as long as labour market mechanisms do not function coherently". The Committee requests the Government to indicate the measures that have been taken to encourage employers' and workers' organizations to cooperate actively in promoting the acceptance and observance in the labour market of the policy of non-discrimination as required by this provision of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report.

1. The Committee notes that the draft new Labour Code will be adopted very shortly and that the Government will not fail to provide a copy of it once it has been promulgated.

2. The Committee notes the National Strategy for Women which was adopted following the national conference on the subject held in Amman in June 1993, the text of which was sent by the Government. Further to its previous comments, the Committee asks the Government to provide information on the activities of the National Committee for Women, recently created, particularly concerning the implementation of development plans to increase women's participation in social, economic and political life. In its previous comments on this matter, the Committee considered that the women's participation rate in vocational training programmes was very low and that the training provided was mostly for activities traditionally carried out by women, with a marked increase between 1986 and 1989 in the industrial tailoring, pottery and copperwork sectors, and in the maintenance of office equipment.

With particular regard to implementation of the National Strategy, the Committee requests information on the specific measures which may have already been taken to eliminate all forms of discrimination against women in employment. For example, in Chapter 2 (Component elements of the National Strategy for Women): the comprehensive study of laws and regulations envisaged in paragraph 1 under the heading "The field of legislation (A)"; the measures taken to increase women's participation in employment and eliminate all forms of discrimination against them in all the economic sectors, as envisaged in paragraph 1 of Objectives under the heading "The field of economics (C)"; and the various measures under the heading "The educational field (E)" to enable women to have access to skilled jobs. In addition, the Committee would be grateful if the Government would inform it of the results of the activities implemented under Chapter 3 (Implementation machinery), for example by providing information on the annual executive plan of work prepared by the National Committee for Women (paragraph 3) and the two-yearly assessment of the plans and achievements (paragraph 5).

The Committee would also be grateful if the Government would provide information, including statistics, on women's access to employment in particular occupations.

3. Articles 2 and 3 of the Convention. The Committee notes the Government's statement in its report that its previous request for information was unwarranted since the principles of equality are laid down in article 6 of the Constitution. The Committee draws the Government's attention to the fact that an assertion of general principles of equality before the law may be part of the national policy to promote equality provided for in Article 2 of the Convention, but does not, on its own, amount to such a policy within the meaning of the Convention.

The Committee reminds the Government that, under these provisions of the Convention, it must "undertake to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof" on the grounds referred to in Article 1. Consequently, the Committee urges the Government in its next report to provide information on any measures taken to ensure effective promotion of equality of opportunity and treatment, regardless of race, colour, sex, religion, political opinion, national extraction or social origin, and on the results obtained particularly with regard to:

(a) access to vocational training;

(b) access to employment and particular occupations;

(c) terms and conditions of employment, and more specifically the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and vocational guidance coming directly under the Government's authority;

(ii) by the legislation and educational programmes;

(iii) with the cooperation of employers' and workers' organizations and other appropriate bodies, particularly as regards employment in the private sector and areas not covered by collective agreements.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's latest report received in 1993.

1. With reference to its previous comments concerning the plan to adopt a new Labour Code containing the principles laid down in the Convention, the Committee notes that the examination of the draft new Code has been completed by the Legislative Council and the Code has been submitted to the National Council. The Committee hopes that the Code will be adopted very shortly and that the Government will not fail to provide a copy of the text.

2. With regard to the implementation of development plans to increase the participation of women in social, economic and political life, the Committee notes that the number of women participating in vocational training programmes has risen steadily since 1976 and that by 1991, women accounted for 19 per cent of all such trainees. The Committee considers that this rate is very low; it noted previously that the training provided is mostly for activities which are traditionally carried out by women and that between 1986 and 1989 there was a marked increase in the industrial tailoring, pottery and copperwork sectors, and in the maintenance of office equipment. The Committee asks the Government to continue to provide information on any new developments regarding the promotion of education and vocational training for women.

3. The Committee has learned that on 29 June 1993 a conference was held in Amman on the formulation and adoption of a national strategy for women, which was attended by some 600 people representing a wide variety of institutions, organizations and associations from various sectors of the country. The Committee notes that the National Commission for Women, recently created, played an important role at the conference and, in particular, in drawing up the national strategy. Since it appears that the necessary structures to implement a national policy on women do not yet exist, the Committee asks the Government to provide information on the activities of the National Commission for Women and on the follow-up to this conference, indicating how, and with what means, it plans to develop the proposed national strategy for women.

Furthermore, the Committee asks the Government to provide information, including statistics, on women's access to employment and the various occupations.

4. Articles 2 and 3 of the Convention. The Committee has not received the information it requested under point 3 of its previous comment. It therefore once again asks the Government to provide information in its next report on any measures taken to ensure effective promotion of equality of opportunity and treatment, regardless of race, colour, religion, political opinion, national extraction or social origin, and on the results obtained, particularly as regards:

(a) access to vocational training;

(b) access to employment and particular occupations;

(c) terms and conditions of employment, and more specifically the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and occupational guidance under the direction of the Government;

(ii) by legislation and educational programmes;

(iii) with the cooperation of employers' and workers' organizations and other appropriate bodies, particularly as regards employment in the private sector and matters not covered by collective agreements.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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:

1. With regard to the new draft Labour Code containing the principles set out in the Convention, the Government indicates that action is currently being taken in the Legislative Council to promulgate the draft Code together with another Bill respecting job classifications. The Committee hopes that the Code will be adopted in the near future and that the Government will not fail to supply a copy of its text.

2. With regard to the implementation of the development plans for 1986 to 1990, which were intended to increase the participation of women in social, economic and political life, the Committee notes the communication from the Director-General of the Vocational Training Agency giving examples of training centres intended for girls, in which apprenticeships and training are provided in traditional and non-traditional sectors. A brief description and a statistical table provide details in this respect. The Committee notes that training is particularly important in traditional women's activities and that between 1986 and 1989 there was a clear increase in the fields of industrial tailoring, pottery and copper-work, as well as the maintenance of office equipment.

The Committee notes in particular that the Agency has the intention of developing programmes for the training of women and of creating new centres. The Committee requests the Government to continue to keep it informed of any new developments with respect to the promotion of the education and vocational training of women. Furthermore, the Committee requests the Government to supply further information, including statistics, on the access of women to employment.

3. In general, the Committee points out that paragraphs 158, 159 and 170 of its 1988 General Survey on Equality in Employment and Occupation emphasize the various aspects of declaring and pursuing a national policy for equality of opportunity and treatment, in accordance with Articles 2 and 3 of the Convention. The Committee therefore requests the Government to supply detailed information in this respect as requested in the report form on the Convention under the above Articles.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee refers to its previous comments and notes the Government's report and the attached information.

1. With regard to the new draft Labour Code containing the principles set out in the Convention, the Government indicates that action is currently being taken in the Legislative Council to promulgate the draft Code together with another Bill respecting job classifications. The Committee hopes that the Code will be adopted in the near future and that the Government will not fail to supply a copy of its text.

2. With regard to the implementation of the development plans for 1986 to 1990, which were intended to increase the participation of women in social, economic and political life, the Committee notes the communication from the Director-General of the Vocational Training Agency giving examples of training centres intended for girls, in which apprenticeships and training are provided in traditional and non-traditional sectors. A brief description and a statistical table provide details in this respect. The Committee notes that training is particularly important in traditional women's activities and that between 1986 and 1989 there was a clear increase in the fields of industrial tailoring, pottery and copper-work, as well as the maintenance of office equipment.

The Committee notes in particular that the Agency has the intention of developing programmes for the training of women and of creating new centres. The Committee requests the Government to continue to keep it informed of any new developments with respect to the promotion of the education and vocational training of women. Furthermore, the Committee requests the Government to supply further information, including statistics, on the access of women to employment.

3. In general, the Committee points out that paragraphs 158, 159 and 170 of its 1988 General Survey on Equality in Employment and Occupation emphasise the various aspects of declaring and pursuing a national policy for equality of opportunity and treatment, in accordance with Articles 2 and 3 of the Convention. The Committee therefore requests the Government to supply detailed information in this respect as requested in the report form on the Convention under the above Articles.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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:

1. The Committee notes that the Labour Code, which was to contain the principles set out in the Convention, has not yet been adopted. The Committee hopes that it will be possible to adopt this Code in the near future and that the Government will not fail to supply a copy of it once adopted.

2. The Committee also notes, from the statistics supplied with the Government's report, that the participation rate for women in the employment market in the urban sector, although it has risen to a certain extent in recent years, remains rather low, and was 12.5 per cent in 1985. However, in the agricultural sector, this rate decreased from 1.1 per cent in 1979 to 0.5 per cent in 1984. The Committee, however, notes with interest the efforts made by the Government to combat illiteracy, which the Government states is still rather high among women, particularly in rural areas, and to promote the access of girls to education and vocational training. The Committee notes, in particular, that the development plans for 1986 to 1990 aim to increase the participation of women in social, economic and political life and, among other measures, envisage the establishment of appropriate educational programmes and the creation of various vocational and craft training centres for women. These plans will be carried out by the Noor Al-Hussein Foundation with the co-operation of the General Union of Jordanian Women and the Department of Women's Affairs of the Ministry of Social Development. The Committee requests the Government to supply detailed information in its next report, including statistics, on the implementation of these plans and the results obtained, both as regards the access of women to vocational training and to employment.

3. With reference to the request it made in 1987, the Committee notes the Government's statement that no decision has been taken by the Ministry of Education to prohibit married women from working as teachers.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the Government's reply to its previous comments and notes that the Labour Code, which was to contain the principles set out in the Convention, has not yet been adopted. The Committee hopes that it will be possible to adopt this Code in the near future and that the Government will not fail to supply a copy of it once adopted.

2. The Committee also notes, from the statistics supplied with the Government's report, that the participation rate for women in the employment market in the urban sector, although it has risen to a certain extent in recent years, remains rather low, and was 12.5 per cent in 1985. However, in the agricultural sector, this rate decreased from 1.1 per cent in 1979 to 0.5 per cent in 1984. The Committee, however, notes with interest the efforts made by the Government to combat illiteracy, which the Government states is still rather high among women, particularly in rural areas, and to promote the access of girls to education and vocational training. The Committee notes, in particular, that the development plans for 1986 to 1990 aim to increase the participation of women in social, economic and political life and, among other measures, envisage the establishment of appropriate educational programmes and the creation of various vocational and craft training centres for women. These plans will be carried out by the Noor Al-Hussein Foundation with the co-operation of the General Union of Jordanian Women and the Department of Women's Affairs of the Ministry of Social Development. The Committee requests the Government to supply detailed information in its next report, including statistics, on the implementation of these plans and the results obtained, both as regards the access of women to vocational training and to employment.

3. With reference to the request it made in 1987, the Committee notes the Government's statement that no decision has been taken by the Ministry of Education to prohibit married women from working as teachers.