Minimum Age Convention, 1973 (No. 138) - Jordan (Ratification: 1998)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1 of the Convention. National policy. In response to the Committee’s previous observation that a significant number of children under the minimum age were engaged in child labour and in hazardous work in Jordan, the Government communicates, in its report, detailed information on the policies it has adopted to combat child labour in the country. The Committee takes note, in particular, of the National Strategy to stop child labour 2022–30 and its 2022 implementation plan, which includes various dimensions and strategic objectives for the prevention of, and protection from, child labour. Its three main components are: (1) prevention, awareness-raising and advocacy, to foster a public attitude that considers child labour as socially unacceptable; (2) interventions aimed at implementing the measures contained within the National Framework to Combat Child Labour and Begging of 2020, according to which the identification of child labourers and their protection is managed on a case-by-case basis; and (3) reintegration of child labourers, through support and social protection for the families of children at risk. The Committee requests the Government to continue its efforts to combat child labour and to provide information on the specific measures taken, particularly under the framework of the National Strategy to stop child labour 2022–30, and the results achieved in this regard.

Article 9(1). Penalties and labour inspection. Following its previous request that the Government take the necessary measures to strengthen the capacity of the labour inspectorate and to expand the labour inspection services to all sectors, the Committee takes note of the Government’s detailed information regarding the activities of the labour inspectorate, including the establishment of an Inspection Department to Stop Child Labour and the holding of several trainings to develop the capacity of labour inspectors for the identification, prevention and case management of child labour. It notes with interest that the Instructions on procedures for inspecting agricultural activity of 2021 – adopted pursuant to the new Agricultural Workers Regulation No. 19 of 2021 that sets a minimum age of 16 years for employment of any kind in agricultural work and of 18 years in hazardous agricultural work (section 6) – establish detailed procedures for labour inspections in the agricultural sector. According to section 6 of the Instructions, labour inspectors are authorized to enter not only the agricultural establishment, but also worker accommodations and private homes within the agricultural holding, if such exists. Labour inspectors are authorized to issue warnings or violation reports to the agricultural employers who are in contravention with the law (section 5). In addition, the Committee notes the Government’s information on the other measures taken to strengthen the labour inspectorate, including to monitor recruitment agencies for the potential recruitment of underage non-Jordanian domestic workers and the surveillance of establishments operating in the textile and garment sector to verify their compliance with international labour standards, including on child labour.

The Committee further takes note of the statistics shared by the Government on the number of child labour-specific inspection visits made from 2021 to July 2022 in all sectors, including in agriculture: 36,714 visits revealed 1,291 cases of child labour; 452 warnings were issued to employers and 170 violation reports were issued. It observes, however, that there is an absence of information regarding the application of the penalties provided under the Labour Code (section 77(a)), or any other applicable legislation, on employers who have employed children under the minimum age. The Committee reminds the Government that it is necessary to ensure the application of the Convention by means of penalties set out in the legislation (General Survey on the Fundamental Conventions, 2012, para. 409). The Committee requests the Government to take the necessary measures to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are imposed. It also requests the Government to pursue its efforts to strengthen the functioning of the labour inspectorate to enable it to effectively monitor and detect cases of child labour, including children working in agriculture, domestic work and in the textile and garment sector. Finally, it requests the Government to continue to provide information on the number and nature of violations detected by the labour inspectorate related to children engaged in child labour, as well as on the penalties applied.

Application of the Convention in practice. Statistics on child labour. The Committee requests the Government to continue providing information on the application of the Convention in practice. In particular, it requests the Government to provide statistics on the employment of children under the age of 16, as well as on the employment of children under the age of 18 in hazardous work, disaggregated by age, gender and sector of economic activity.

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

Article 1 of the Convention and application of the Convention in practice. In its previous comments, the Committee noted the adoption of the National Framework to Combat Child Labour (NFCL) 2011–16, a comprehensive policy on child labour which aims to tackle child labour throughout the Kingdom through systematic monitoring of child labour and collective action by key stakeholders through support from ILO–IPEC. It also noted that the Government has been implementing the ILO–IPEC project entitled, “Moving towards a child labour free Jordan”, which aims to address the problem of child labour by strengthening the policy and legislative frameworks and building the capacity of key stakeholders to combat child labour. The Committee encouraged the Government to continue its efforts to combat child labour and to provide information on the measures taken within the NFCL to combat child labour and on the results achieved.

The Committee notes the Government’s information in its report, that the Ministry of Labour has embarked on various programmes and policies to reduce child labour in cooperation with all governmental and non-governmental bodies. These measures include: (i) launching of various community awareness-raising events on child labour through audio-visual media; (ii) celebrating the World Day on child labour with the participation of working children; and (iii) increasing the budget for the Social Support Centre, which endeavours to withdraw and rehabilitate working children and their families, from 50,000 to 300,000 Jordanian dinars.

The Committee also notes from the summary report of the ILO–IPEC project that, within the framework of the “Moving towards a child labour free Jordan” project: the NFCL was made operational in all the 12 governorates; effective tools for child labour inspections were developed; a centralized database on child labour was created; and the capacity of child labour units and social partners to tackle child labour was enhanced. The Committee further notes from the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a technical committee has been set up, comprising of government and civil society institutions and international organizations, to adapt the NFCL in order to address child protection in a better way.

However, the Committee notes that according to the findings of the National Child Labour Survey (NCLS) of 2016, the number of child labourers in Jordan has roughly doubled to more than 69,000, since 2007, with around 44,000 children engaged in hazardous work, of which 20 per cent were children between 12 and 14 years and over 71 per cent were children between 15 and 17 years. According to this survey, the main sectors of employment of working children include agriculture, forestry and fishing and wholesale and retail trade. While noting the measures taken by the Government, the Committee observes that a significant number of children under the minimum age are engaged in child labour and in hazardous work in Jordan. The Committee therefore strongly encourages the Government to strengthen its efforts to ensure the elimination of child labour in all economic activities and requests the Government to continue to provide information on the measures taken in this regard and the results achieved. The Committee also requests the Government to provide information on the amendments made to the NFCL and on the measures taken within its framework to combat child labour.

Article 9(1). Penalties and labour inspection. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of July 2014, expressed concern that thousands of children, mainly boys, were still working in the wholesale trade and agriculture sectors while a number of girls were engaged as domestic workers (CRC/C/JOR/CO/4-5, paragraph 57). It further noted from the ILO–IPEC Rapid Assessment report of 2014, that the 150 labour inspectors currently available was too small for effective coverage in all sectors, given the size of the country.

The Committee notes the Government’s information, that the Ministry of Labour, in collaboration with the ILO, has conducted several training sessions and workshops on finalizing a Manual on Occupational Safety and Health and Child Labour and on increasing the labour inspector’s awareness on the impact and hazards to which children are exposed due to child labour. Moreover, the Ministry of Labour has intensified the monitoring of all institutions and sectors which employ children through its periodical inspection visits and has initiated legal proceedings against employers who do not comply with the provisions of the Labour Act. Accordingly, the Committee notes the Government’s information that in 2016, 8,621 inspections were conducted; 1,210 contraventions related to child labour involving 1,479 working children were recorded; and 852 warnings were issued. In 2017, 4,145 inspections were conducted; 242 contraventions involving 270 working children were recorded; and 204 warnings were issued. Moreover, from January to July 2018, 5,542 visits were carried out; 507 working children were identified, mainly in the vehicle repair, retail and wholesale trade and restaurant sectors; 441 warnings were issued against employers; and 430 warnings of closure of undertakings were issued. The Committee notes, however, that according to a study conducted by the ILO, entitled: Decent Work and the Agriculture Sector in Jordan: Evidence from Workers’ and Employers’ surveys 2018, 50 per cent of Syrian agricultural workers reported that children under the age of 15 were working with them in agricultural fields; and that 78 per cent of Syrian agricultural workers and 75 per cent of surveyed employers indicated that their place of work had never been visited by a labour inspector. The Committee therefore strongly encourages the Government to take the necessary measures to strengthen the capacity of the labour inspectorate and to expand the labour inspection services to all sectors, including the agricultural sector so as to ensure that children benefit from the protection established by the Convention. It requests the Government to continue to provide information on the measures taken in this regard, as well as on the number and nature of violations relating to the employment of children and young persons detected by the labour inspectorate, the number of persons prosecuted and the penalties imposed.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. National policy and application of the Convention in practice. Following its previous comments, the Committee notes from the Government’s report the various measures taken to eliminate child labour. It notes that a national symposium entitled “Combating child labour as a national and human duty” was held in April 2014 in collaboration with ILO–IPEC, and the first National Conference against Child labour was held in June 2013 with the aim to promote child rights and to protect children from economic exploitation. In addition, several awareness-raising sessions on the importance of education, child rights and on eliminating child labour was organized for parents and employers. The Committee also notes the Government’s indication that through the Social Support Centre, 2,350 children were reached, including 1,450 children who were prevented from joining the labour market and an additional 414 children who were enrolled for vocational training.

The Committee further notes from the ILO–IPEC Report of the rapid assessment on Child Labour in the Informal Sector in three governorates of Jordan, 2014 that the project “Combating Exploitative Child Labour through Education” resulted in 2,400 children being withdrawn from child labour and 4,200 children prevented from participating in child labour. It finally notes from the ILO summary report of 2015, that the National Framework to Combat Child Labour (NFCL) 2011–16 which was implemented in six governorates has been extended to five additional governorates. The Committee encourages the Government to continue its efforts to combat child labour. It requests the Government to continue providing information on the measures taken within the NFCL to combat child labour and on the results achieved.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 9(1). Penalties and labour inspection. Following its previous comments, the Committee notes the Government’s information that several training sessions were provided to labour inspectors to improve their efficiency in dealing with child labour issues. It also notes the Government’s information that ten tablets were provided to labour inspectors to facilitate their mission and to enter information on inspection visits. The Government’s report also indicates that the number of inspection visits had increased and specialized inspection visits of sectors employing children were carried out. In this regard, the Committee notes that during the total of 3,718 inspections undertaken, legal measures in accordance with section 77 of the Labour Code were taken with regard to 1,000 infringements related to child labour, in addition to 1,650 warnings of closure of undertakings, and 1,068 advice and guidance measures.

The Committee also notes from the ILO–IPEC Report of the Rapid Assessment on Child Labour in the Informal Sector in three governorates of Jordan, 2014 (Rapid Assessment report) that a recent campaign by the Ministry of Labour (MoL) found nearly 300 children working in, among other locations, restaurants, and on street coffee stalls with the MoL providing guidance to 18 institutions, issuing warnings to 56 others and, in some cases, fining the institution. It further notes from the Rapid Assessment report that the survey on child labour conducted in the three governorates focusing mainly on Syrian and Jordanian households indicates that the incidence of child labour appeared to be increasing, not only among Syrian refugees, but also among Jordanian nationals. Moreover, the Committee on the Rights of the Child, in its concluding observations of July 2014, expressed concern that thousands of children, mainly boys, are still working in the wholesale trade and agriculture sectors while a number of girls are engaged as domestic workers (CRC/C/JOR/CO/4-5, paragraph 57). The Committee notes, however, from the Rapid Assessment report that the 150 labour inspectors currently available is too small for effective coverage in all sectors, given the size of the country. In this regard, the Committee recalls its comments of 2014 made under the Labour Inspection Convention, 1947 (No. 81), that the Government adopted the Labour Inspection Strategy in 2012, aimed at strengthening and developing the labour inspection system as well as expanding the coverage of labour inspection services to reach the largest possible number of workplaces. The Committee therefore strongly encourages the Government to take the necessary measures, including within the framework of its Labour Inspection Strategy, to strengthen the capacity of the labour inspectorate and to expand the labour inspection services to all sectors, so as to ensure that children have the protection established by the Convention. It requests the Government to provide information on the measures taken in this regard, as well as on the number and nature of violations relating to the employment of children and young persons detected by the labour inspectorate, the number of persons prosecuted and the penalties imposed.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. The Committee previously noted the information in a study issued in 2009 by the Jordanian Department of Statistics in collaboration with ILO–IPEC that there were approximately 29,225 child labourers in Jordan (defined as children under the minimum age for light work, children under 16 years not performing light work, and children under 18 engaged in hazardous work). The study indicated that 88.1 per cent of economically active children were engaged in child labour, mostly due to the number of hours during which, and the conditions in which, these children work. The study further indicated that although most of these children combined school work with economic activities, the average work week was approximately 39 hours and child labourers generally dropped out earlier than non-working children. However, the Committee noted the Government’s indication that a national framework to reduce child labour was under preparation.

The Committee notes the Government’s statement that the National Framework to Combat Child Labour was approved by the Council of Ministers in August 2011. The Government indicates that the National Framework is a national attempt to protect children from becoming engaged in work, and to facilitate the return of child labourers to school by: (i) helping the relevant authorities handle specific cases of child labour; (ii) establishing a mechanism of monitoring and response, including a follow-up process; (iii) identifying the role and responsibilities of Government and non-governmental institutions working on child labour, as well as formulating procedures for coordination between them; (iv) building a network of partners to support working children and their families; and (v) raising awareness on child labour issues. The Government indicates that in 2011, awareness raising was undertaken on the risks related to child labour, the regulations concerning child labour and on the importance of applying the relevant legislation, through the media, brochures and workshops. The Government further indicates that officials from the Child Labour Unit and the Social Support Centre (affiliated with the Ministry of Labour) held a series of lectures aimed at raising girls’ awareness of the value of education and the risks of child labour, and on making teachers aware of their role in reducing child labour. Moreover, the Committee notes the Government’s statement that, in collaboration with ILO–IPEC, the Government is implementing the project “Moving towards a child labour free Jordan”, which will provide support to the implementation of the National Framework and other capacity building. Through this project, work is currently under way to establish a child labour monitoring system to follow-up on detected cases of working children, particularly by developing a mechanism to link service providers with these children and their families. Lastly, the Committee notes that through the “Combating exploitative child labour through education project” (being implemented by an NGO in collaboration with the Government), 1,189 children were provided with support in 2011. In this regard, the Government indicates that through the Social Support Centre 620 children were enrolled in school and an additional 104 children were prevented from joining the labour market. Noting with interest the significant measures being taken by the Government, the Committee strongly encourages the Government to pursue its efforts, through the National Framework to Combat Child Labour and in collaboration with ILO–IPEC, towards the progressive elimination of child labour. It requests the Government to provide information on the measures taken in this regard and the results achieved, particularly with respect to reducing the number of children working under the minimum age and in hazardous work.

Article 2(1). Scope of application. The Committee previously noted that section 3 of the Labour Code was amended by virtue of Act No. 48 of 2008, broadening the scope of the Code’s application to cover “all workers”, including certain previously excluded groups. However, the Committee observed that section 3(b) of the Labour Code (as amended) states that agricultural workers, domestic workers, cooks and gardeners will be governed by regulations issued on this subject, provided that these regulations address labour contracts, hours of work, rest periods, inspection and any other matters related to their employment. In this regard, the Committee requested the Government to indicate whether the minimum age specified in the Labour Code applied to these workers or if this would be addressed in separate regulations.

The Committee notes the Government’s statement that the minimum age of 16 contained in the Labour Code (section 73) applies to agricultural workers, domestic workers, cooks and gardeners.

Article 9(1) and Part III of the report form. Penalties and labour inspection. The Committee previously noted the information in a 2006 ILO–IPEC rapid assessment study that official records suggested a very weak enforcement of the provisions of the Labour Code related to the illegal employment of children. The Committee also noted the statement in the report of the International Trade Union Confederation, of November 2008, entitled “Internationally recognized core labour standards in Jordan” that enforcement and penalties remain insufficient with regard to child labour. It further noted that inspectors often handle child labour cases informally rather than issuing citations and fines. In this regard, the Committee noted that while 1,459 working children were detected through labour inspections, in only 81 of these cases were fines applied, in accordance with section 77 of the Labour Code. It therefore expressed its concern that persons who employ children in breach of the provisions giving effect to the Convention were not prosecuted as a rule.

The Committee notes the Government’s statement that an inspection campaign related specifically to child labour was carried out involving an increased number of inspections in undertakings in which there are working children and field visits by labour inspectors. Through these inspections, between July 2010 and December 2011, 1,909 children were detected, 128 infringements were noted, 444 warnings were issued and 1,266 guidance notices were issued. The Government also indicates in this regard that it has increased the number of liaison labour inspectors. The Committee further notes the information from ILO–IPEC of April 2012 concerning the project “Moving towards a child labour free Jordan” that measures are being taken to strengthen the Child Labour Unit within the Ministry of Labour, including to enhance the capacity of labour inspectors who are child labour focal points.

The Committee notes that the Human Rights Committee, in its concluding observations of 18 November 2010 expressed concern at reports that child labour is increasing in Jordan (CCPR/C/JOR/CO/4, paragraph 17). The Committee recalls that, by virtue of Article 9(1) of the Convention, all necessary measures shall be taken by the competent authority, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention. The Committee accordingly requests the Government to pursue its efforts to strengthen the capacity of the labour inspectorate, and to continue to provide information on the measures taken in this regard. It also requests the Government to continue to provide information on the measures taken to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are imposed. The Committee requests the Government to provide information on the results achieved in this regard, particularly the number and nature of violations detected by the labour inspectorate, the number of persons prosecuted and the penalties imposed.

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

Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee noted that, while section 73 of the Labour Code of 1996 prohibits the employment of minors under 16 years of age, this prohibition did not include persons who perform work outside the framework of an employment contract. It also observed that, by virtue of its section 3, the Labour Code did not apply to members of the family of the employer working in his/her enterprise without remuneration, domestic workers, gardeners, cooks and those of a similar capacity, in addition to agricultural workers, excluding those who shall be covered by the Labour Code pursuant to a decision taken by the Council of Ministers. However, the Committee noted the Government’s indication that draft amendments to the Labour Code, providing that workers in the domestic and agricultural sectors shall be governed by the provisions of the Labour Code, had been referred to the Council of Ministers.

The Committee notes the Government’s statement that section 3 of the Labour Code was amended by virtue of Act No. 48 of 2008 (published in the Official Gazette No. 4924 of 17 August 2008). The Committee notes with interest that section 3 of Act No. 48 of 2008 repeals and replaces section 3 of the Labour Code, broadening the scope of the Code’s application (pursuant to section 3(a)) to cover “all workers”, including certain previously excluded groups such as workers in family enterprises and those working outside the framework of an employment contract. Nonetheless, section 3(b) of the Labour Code (as amended in 2008) states that agricultural workers, domestic workers, cooks and gardeners will be governed by regulations issued on this subject, provided that these regulations address labour contracts, hours of work, rest periods, inspection and any other matters related to their employment. In this regard, the Committee notes the Government’s indication that Regulation No. 90 of 2009, (promulgated in the Official Gazette No. 4989 of 1 October 2009) regulates the work of domestic workers and cooks. However, the Committee observes that the Government does not indicate if the regulations issued pursuant to section 3(b) of the Labour Code (as amended in 2008) will prescribe a minimum age for those working in the agricultural and domestic sectors, or if the new section 3(a) of the Labour Code signifies that the general minimum age prescribed in the Labour Code now applies to this group of workers. The Committee therefore requests the Government to indicate whether the minimum age specified in the Labour Code (as amended in 2008) applies to agricultural workers, domestic workers, cooks and gardeners. If not, the Committee requests the Government to take the necessary measures to ensure that the regulations adopted pursuant to section 3(b) of the Labour Code (as amended in 2008) prescribe the minimum age of 16 for the admission to employment or work for these categories. It also requests the Government to provide a copy of Regulation No. 90 of 2009 governing domestic workers, in addition to any regulations adopted governing agricultural workers.

Article 9(1) and Part III of the report form. Penalties and labour inspection. The Committee previously noted that section 77 of the Labour Code provides for penalties between 100 and 500 dinars (JOD) for violations of the Code’s provisions, including section 73 on the minimum age for employment or work. However, the Committee noted the information in a 2006 ILO–IPEC rapid assessment study that official records suggested a very weak enforcement of the provisions of the Labour Code related to the illegal employment of children.

The Committee notes the Government’s statement that, pursuant to Act No. 48 of 2008, the minimum penalty for employing a young person was increased. Section 7 of Act No. 48 of 2008 amends section 77 of the Labour Code to raise the minimum fine for violations of its provisions from JOD100 (approximately US$140) to JOD300 (approximately US$422), and that courts may not reduce the fine below this minimum in any circumstance. The Committee also notes the Government’s indication that the child labour unit was provided with two more labour inspectors specializing in occupational safety and health and legal issues. The Government also indicates that the number of inspection visits have been increased through field visits made by inspectors to verify compliance with the Labour Code by private sector undertakings, particularly with respect to child labour. The Government further indicates that the necessary legal proceedings were initiated following these inspections. The Committee further notes the information in the Government’s report that labour inspectors will be trained on programmes related to the reduction of child labour. In addition, the Committee notes the information in the report on the worst forms of child labour in Jordan of 10 September 2009 (available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org)) (WFCL report) that the Labour inspectorate set a target to remove 3,000 children from the labour market in 2008 as part of its long-term strategy to remove 38,000 children from work.

However, the Committee notes the statement in the report of the International Trade Union Confederation, for the World Trade Organization General Council, on the trade policies of Jordan of 10 and 12 November 2008, entitled “Internationally recognized core labour standards in Jordan” (ITUC report) that, with regard to child labour, enforcement and penalties remain insufficient. Moreover, the Committee notes the statement in the WFCL report that inspectors often handle child labour cases informally rather than issuing citations and fines. In this regard, the Committee notes the information in the Government’s report, submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that between 1 July 2009 and 30 June 2010, 1,459 working children were detected through labour inspections. However, the Government indicates that in only 81 of these cases were measures taken pursuant to section 77 of the Labour Code. The Government indicates that warnings were issued in 147 cases and that, in the remaining 1,092 cases, advice and guidance was given. While noting that several cases of violations of child employment were detected by the labour inspectorate, the Committee observes with concern that persons who employ children in breach of the provisions giving effect to the Convention are not prosecuted as a rule. In this regard, the Committee recalls that, by virtue of Article 9(1), of the Convention, all necessary measures shall be taken by the competent authority, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention, and accordingly requests the Government to redouble its efforts to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are imposed. In this regard, it requests the Government to continue to provide information on the types of violations detected by the labour inspectorate, the number of persons prosecuted and the penalties imposed. Lastly, it encourages the Government to pursue its efforts, through the labour inspectorate, to remove children from the labour market, and to provide information on the number of children removed through this initiative.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the indication in the Committee of the Rights of the Child’s concluding observations of 29 September 2006 that “the employment of children has steadily grown in recent years, especially in agriculture” (CRC/C/JOR/CO/3, paragraph 88). The Committee also noted a 2006 rapid assessment survey on child labour (published by the University of Jordan, in collaboration with ILO–IPEC) which indicated that the average age of working children is 15 years. The study also indicated that the working hours of children appeared to be very long (90 per cent of working children work eight to 12 hours a day), and that child workers must often carry heavy objects and can be exposed to dangerous chemicals, heavy shaking or noise. The Committee urged the Government to take measures to improve the situation.

The Committee notes the Government’s statement that the Ministry of Labour is engaged in awareness-raising measures such as newsletters and lectures at schools on the risk of working at an early age. The Government also indicates that 16 liaison officers (within the labour inspectorate) were certified, for the purpose of carrying out activities related to the rehabilitation of children who had dropped out of school to enter the labour market. The Committee also notes the Government’s statement (in its report submitted under Convention No. 182) that a national framework to reduce child labour is currently being prepared by the National Council for Family Affairs.

However, the Committee notes the information in a study entitled “Working Children in the Hashemite Kingdom of Jordan”, issued by the Jordanian Department of Statistics in collaboration with ILO–IPEC in March 2009, which indicates that there are approximately 29,225 child labourers in Jordan (defined as children under the minimum age for light work, children under 16 years not performing light work, and children under 18 engaged in hazardous work). The study indicates that 88.1 per cent of children who are engaged in some form of economic activity are performing work not permitted under the Convention, mostly due to the number of hours during which, and the conditions in which, these children work. The Committee also notes the study’s indication that children put in substantial hours of work and that the average work week among all children is 38.6 hours per week. Most of these children combine school work with economic activities. However, the study indicates that children in employment start school later and drop out earlier than non-working children. The Committee further notes the statement in the ITUC report that child labour is prevalent in Jordan and that, despite efforts to reduce child labour including work with the ILO, the number of child workers has increased (pages 9–10). The Committee therefore expresses its concern at reports of the growing number of children working under the minimum age, as well as in hazardous conditions, in Jordan, and requests the Government to redouble its efforts, within the forthcoming national framework to reduce child labour, to ensure the progressive elimination of child labour. It requests the Government to provide information on the impact of measures taken in this regard, particularly with respect to reducing the number of children working under the minimum age and in hazardous work.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that section 73 of the Labour Code of 1996 prohibits the employment of minors under 16 years of age. It had noted, however, that according to section 2 of the Labour Code, a person under 16 years of age who performs work outside the framework of an employment contract does not benefit from the protection laid down therein. It had further observed that, by virtue of its section 3, the Labour Code shall not apply to: (a) members of the family of the employer working in his/her enterprise without remuneration; (b) domestic workers, gardeners, cooks and the like; and (c) agricultural workers excluding those who shall be covered by the Labour Code pursuant to a decision taken by the Council of Ministers upon the recommendation of the Minister of Labour. The Committee had reminded the Government that the Convention shall apply to all kinds of work or employment, regardless of the existence of an employment relationship. The Committee notes that the Committee on the Rights of the Child also expressed its concern, in its concluding observations of 29 September 2006, that the “protection provided by the Labour Code does not apply for children working in the informal sector (for example, in small family enterprises, agriculture and domestic labour)” (CRC/C/JOR/CO/3, paragraph 88). The Committee notes the Government’s information that draft amendments to the Labour Code have been referred to the Council of Ministers, after consultation with the social partners. These draft amendments provide that workers in the domestic and agricultural sectors shall be governed by the provisions of the Labour Code, as well as by the regulations, instructions and orders promulgated pursuant to the Labour Code. The Committee trusts that the amendments to the Labour Code will ensure that children working in the informal sector, for example in small family enterprises as well as in the domestic and agricultural sectors, benefit from the protection laid down in the Convention. It requests the Government to supply a copy of the revised Labour Code, once the draft amendments have been adopted. Furthermore, noting the lack of information supplied by the Government on this point, the Committee requests it once again to provide information on the measures taken or envisaged to ensure that self-employed children also benefit from the protection of the Convention.

Article 9, paragraph 1. Penalties. The Committee notes that section 77 of the Labour Code provides that any employer or manager who violates any section of chapter VIII of the Code, which includes section 73 on the minimum age for employment or work, is liable to a fine of no less than 100 and no more than 500 dinars. The fine is doubled every time the offence is repeated. However, according to the Committee on the Rights of the Child, in its concluding observations of 29 September 2006, “the employment of children has steadily grown in recent years, especially in agriculture” (CRC/C/JOR/CO/3, paragraph 88). Furthermore, according to the December 2006 ILO–IPEC study entitled “Rapid assessment on the worst forms of child labour in Jordan: Survey analysis”, official records suggest that there is a very weak enforcement of the articles of the Labour Code which deal with illegal employment of children. The Committee recalls that, by virtue of Article 9, paragraph 1, of the Convention, all necessary measures shall be taken by the competent authority to ensure the effective enforcement of the provisions of this Convention. The Committee considers it necessary to ensure the application of the Convention by applying the penalties provided for in the legislation. It accordingly requests the Government to take the necessary measures to ensure that a person found to be in breach of the provisions relating to the employment of children is prosecuted and that adequate penalties are imposed. It asks the Government to provide information on the types of violations detected by the labour inspectors, the number of persons prosecuted and the penalties imposed.

Part V of the report form. Practical application of the Convention. The Committee notes that a rapid assessment survey on child labour and its worst forms was completed and published in December 2006 by the Centre for Strategic Studies of the University of Jordan, in collaboration with ILO–IPEC. The survey was undertaken in various governorates and included selected areas of Amman, Zarqa, Balqa, Irbid, Madaba and Aqaba. A total of 387 children between the ages of 9 and 17 were interviewed. The Committee notes that, according to the study, the average age of working children is 15 years. The study also reveals that the total number of working children (10 to 17 years) is estimated to be nearly 18,400, which is 1.5 per cent of the labour force in Jordan. Most of the working children are aged between 12 and 17 years, 78 per cent of them being boys and 22 per cent girls. Furthermore, it was found that 55 per cent of the children are employed in carpentry, blacksmith and painting occupations, while 31.6 per cent are employed in activities such as construction, bus driving, tailoring and in barber shops. The Committee also notes the detailed information provided in the rapid assessment survey with regard to the conditions in which children work, as well as working hours, tasks and occupational hazards or abuses faced by them. Thus, the survey reveals that the working hours appear to be very long: on average, 90 per cent of the working children work eight to 12 hours a day, with nearly 60 per cent working more than ten hours daily. The Committee observes that child workers must often carry heavy objects, lie on the ground in unhealthy positions and can be exposed to dangerous chemicals or heavy shaking or noise. Finally, the Committee notes that, according to the March 2007 Technical Progress Report on the ILO–IPEC National Programme to Eliminate Child Labour in Jordan, a national survey on child labour is currently being prepared in cooperation with the Jordanian Department of Statistics and SIMPOC, which will provide more extensive and reliable information on the phenomenon. The Committee expresses its concern at the situation of children working in Jordan and urges the Government to redouble its efforts to improve the situation. Furthermore, it requests the Government to supply information on any progress made with regard to the national survey on child labour and to supply a copy of it once finalized. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of minors by age group, and information on the number and nature of contraventions reported.

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

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:

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that section 73 of the Labour Code of 1996 prohibits the employment of minors under 16 years of age. The Committee had also noted the Government’s statement in its first report that it has not availed itself of the possibilities of exclusion or to limit the scope of application of the Convention envisaged in Articles 4 and 5. The Committee had noted however that, according to section 2 of the Labour Code, a person under 16 years of age who performs work outside the framework of an employment contract does not benefit from the protection laid down therein. It further observed that, by virtue of its section 3, the Labour Code shall not apply to: (a) members of the family of the employer working in his/her enterprise without remuneration; (b) domestic workers, gardeners, cooks and the like; and (c) agricultural workers excluding those who shall be covered by the Labour Code pursuant to a decision taken by the Council of Ministers upon the recommendation of the Minister of Labour. The Committee notes the absence of information in the Government’s report on the measures taken or envisaged to ensure that the prohibition to employ children under 16 applies to all workers regardless of their occupation as well as to self-employed workers. It also observes that, according to the National Report on Child Labour of 1997, 6.1 per cent of working children are self-employed, 14.5 per cent work for the family, and 10.2 per cent work for no wages. Thus, more than 30 per cent of working children fall outside the scope of application of the Labour Code. The Committee accordingly reminds the Government that the Convention shall apply to all kinds of work or employment regardless of the existence of an employment relationship. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that domestic workers, gardeners, cooks and the like, agricultural workers and self-employed workers benefit from the protection laid down in the Convention.

Part V of the report form. In its previous comments, the Committee had noted that the Govsrnment has designed a new form for the purpose of collecting data on the employment of children. The Committee notes the Government’s indication that 50 per cent of child workers are in Amman, 21 per cent in the Governorate of Al‑Zarqaa, eight per cent in Arbad and four per cent in Al-Bulqaa. The majority of children work in undertakings employing less than five workers and for a maximum of eight hours per day. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of minors by age group, and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that section 73 of the Labour Code of 1996 prohibits the employment of minors under 16 years of age. The Committee had also noted the Government’s statement in its first report that it has not availed itself of the possibilities of exclusion or to limit the scope of application of the Convention envisaged in Articles 4 and 5. The Committee had noted however that, according to section 2 of the Labour Code, a person under 16 years of age who performs work outside the framework of an employment contract does not benefit from the protection laid down therein. It further observed that, by virtue of its section 3, the Labour Code shall not apply to: (a) members of the family of the employer working in his/her enterprise without remuneration; (b) domestic workers, gardeners, cooks and the like; and (c) agricultural workers excluding those who shall be covered by the Labour Code pursuant to a decision taken by the Council of Ministers upon the recommendation of the Minister of Labour. The Committee notes the absence of information in the Government’s report on the measures taken or envisaged to ensure that the prohibition to employ children under 16 applies to all workers regardless of their occupation as well as to self-employed workers. It also observes that, according to the National Report on Child Labour of 1997, 6.1 per cent of working children are self-employed, 14.5 per cent work for the family, and 10.2 per cent work for no wages. Thus, more than 30 per cent of working children fall outside the scope of application of the Labour Code. The Committee accordingly reminds the Government that the Convention shall apply to all kinds of work or employment regardless of the existence of an employment relationship. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that domestic workers, gardeners, cooks and the like, agricultural workers and self-employed workers benefit from the protection laid down in the Convention.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee had noted the amendment to section 74 of the Labour Code made by the provisional Law of 10 July 2002, which raised from 17 to 18 years the minimum age for the admission to work which is hazardous, difficult or involves health risks. It had noted that the Order of 1997 (published in Official Journal No. 41-81 of 1 February 1997) on work which is hazardous, difficult or involves health risks for young persons, issued under section 74 of the Labour Code, provides for a list of the types of hazardous works that persons under 17 years of age shall not perform. The Committee notes, with interest, that the Order of 1997 was amended in 2004 to raise to 18 the minimum age for admission to the types of work listed therein. It also observes that the list of the types of work that children shall not perform is very similar to the previous one. Some details were added with regard to the exact type of chemicals to which child workers shall not be exposed to or manipulate, or the maximum weight that they may lift.

Article 6. Apprenticeship. In its previous comments, the Committee had noted that sections 36 to 38 of the Labour Code of 1996 concerning apprenticeship do not set the minimum age for admission. The Committee notes, with interest, that according to section 3 of the Instruction on the Regulation of Vocational Training Contracts issued on the basis of section 36(b) of the Labour Code, the minimum age for admission to apprenticeship or vocational training is 16.

Part V of the report form. In its previous comments, the Committee had noted that the Government has designed a new form for the purpose of collecting data on the employment of children. The Committee notes the Government’s indication that 50 per cent of child workers are in Amman, 21 per cent in the Governorate of Al-Zarqaa, eight per cent in Arbad and four per cent in Al-Bulqaa. The majority of children work in undertakings employing less than five workers and for a maximum of eight hours per day. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of minors by age group, and information on the number and nature of contraventions reported.

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

The Committee notes the Government’s first report and requests it to provide information on the following points.

Article 2, paragraph 1, of the Convention. The Committee notes that section 73 of Law No. 8 of 1996 issuing the Labour Code prohibits the employment in any form of minors under 16 years of age. The Committee draws the Government’s attention to the fact that Article 2, paragraph 1, provides that no one under the specified minimum age shall be admitted, not only to employment, but also to any form of work in any occupation. The Committee therefore requests the Government to indicate which provisions of the national legislation, if any exist, set forth the prohibition upon persons under 16 years of age from performing any work outside the framework of an employment contract. The Committee also notes the Government’s statement in its report that it has not availed itself of the possibilities of exclusion or to limit the scope of application of the Convention envisaged in Articles 4 and 5. However, it notes that section 3 of the above Law excludes from the scope of the Labour Code: (a) officials of the State and of municipalities; (b) members of the family of the employer working in his or her enterprise without remuneration; (c) domestic workers, gardeners, cooks and other allied categories of workers; and (d) agricultural workers, with the exception of those covered by the Labour Code by decision of the Council of Ministers upon the recommendation of the Minister of Labour. As these categories of workers are consequently excluded from the protection of section 73 of the Labour Code, the Committee requests the Government to indicate whether other provisions of the national legislation applicable to these categories of workers set forth the prohibition upon the employment or work of persons under 16 years of age and, if not, to take the necessary measures to include these categories of workers in the provisions of the national legislation respecting the minimum age for admission to employment or work.

Article 3, paragraph 1. The Committee notes with interest the amendment to section 74 of the Labour Code made by the provisional Law of 10 July 2002, which raised from 17 to 18 years the minimum age for the performance of work which is hazardous, difficult or involves health risks. The Committee notes that the Decree of 1997 (published in Official Journal No. 41-81 of 1 February 1997) of the Ministry of Labour respecting work which is hazardous, difficult or involves health risks for young persons, issued under section 74 of the Labour Code, draws up a list of types of work which may not be performed by persons under 17 years of age. It requests the Government to indicate whether, following the amendment to section 74 of the Labour Code by the provisional Law of 10 July 2002, the above Decree has also been amended to replace the age of 17 years by that of 18 years. If not, the Committee requests the Government to take measures to this effect. The Committee also requests the Government to take measures to prohibit not only employment, but also work performed outside an employment relationship by persons under 18 years of age, where such employment or work involves the risks referred to above. It also requests the Government to indicate whether the national legislation sets forth restrictions concerning the admission of persons under 18 years of age to work that is likely to jeopardize their morals.

Article 6. The Committee notes that, by virtue of section 73 of the Labour Code, no minor under 16 years of age may be employed in any form of work, subject to the provisions relating to vocational training. It notes that the Labour Code, Chapter 5 (sections 36 to 38) of which covers vocational training contracts, does not establish a minimum age for vocational training in enterprises. Section 36(b) provides that vocational training contracts shall be established in the form and under the conditions prescribed by the Vocational Training Institute in instructions issued to this effect and published in the Official Gazette. The Committee requests the Government to provide a copy of any instructions issued by the Vocational Training Institute, and of any law or regulation setting out the minimum age for admission to vocational training in enterprises. Section 36(c) specifies that trainees having attained the age of 18 years may conclude contracts directly, but that minors (that is, by virtue of section 2, persons over 7 years of age and under 18 years of age) have to be represented by their guardian or trustee. The Committee notes the information contained in the Government’s report to the effect that compulsory education goes up to 16 years of age in Jordan and that accordingly any student who wishes to join one of the branches of vocational training must have reached the age of 16 years. According to the Government, directives respecting the organization of vocational training require students who wish to undertake vocational training in the short- or medium-term to have already reached the age of 16 years. The Committee requests the Government to provide copies of these directives, and particularly Directive No. 1 of 1995 which, according to the information contained in the Government’s report for 1998 on the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), sets the minimum age for admission to vocational training at 16 years.

Part V of the report form. The Committee notes the information contained in the Government’s report that a new form has been designed with a view to reflecting the real situation with regard to the employment of young persons in Jordan for the purposes of compiling a database on the employment of young persons. The Committee requests the Government to provide a copy of this form to the Office, together with extracts from the reports of the labour inspection services and any other relevant information on the manner in which the Convention is applied in practice.