Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Jordan (Ratification: 2003)

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

Previous comment

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the information provided by the Government regarding the tripartite consultations held within the Tripartite Committee on Labour Affairs during the reporting period. The Government reports that tripartite consultations were held on questionnaires relating to the items on the agenda of the 111th session of the Conference (Article 5(1)(a) of the Convention) regarding the abolition of an international labour Convention, the withdrawal of four conventions, one Protocol and 18 recommendations, as well as in relation to the possibility of ratifying the Violence and Harassment Convention, 2019 (No. 190) (Article 5(1)(c)). The Government adds that tripartite consultations were also held on, among other issues, increasing the national minimum wage, the possible ratification of Convention No. 15 of the Arab Labour Organization (ALO) concerning wage protection, and on a range of measures to be taken to address the negative impact of the COVID-19 pandemic on the Jordanian labour market, particular economic sectors and categories of workers, and the economy more generally. The Committee nevertheless observes that the Government does not provide information on tripartite consultations held on all of the matters related to international labour standards covered under Article 5(1) of the Convention, particularly with respect to: the submission of instruments adopted by the Conference (Article 5(1)(b)); and reports on ratified conventions to be submitted to the ILO in accordance with article 22 of the ILO Constitution (Article 5(1)(d)). The Committee therefore requests the Government to provide detailed updated information on the content, the outcome and the frequency of the tripartite consultations held on all matters concerning international labour standards covered by Article 5(1) of the Convention: questionnaires relating to Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the competent national authorities (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of Conventions (Article 5(1)(e)).

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that, in accordance with section 43 of the Labour Code and section 6 of Regulation No. 21 of 2010, which establishes the mandate of the Tripartite Committee on Labour Affairs, tripartite consultations are held within the Tripartite Committee. With regard to labour-related matters, including international labour standards, the Government refers in particular to tripartite consultations relating to questionnaires on Conference agenda items and the re-examination of unratified Conventions and Recommendations to which effect has not yet been given. The Committee notes, however, that the Government does not provide the detailed information requested on the content and outcome of the tripartite consultations held on all international labour matters covered under this Article of the Convention. The Committee therefore requests the Government to provide updated and detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by the Convention: questionnaires relating to Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the competent national authorities (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of Conventions (Article 5 (1)(e)).

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

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

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that, in accordance with section 43 of the Labour Code and section 6 of Regulation No. 21 of 2010, which establishes the mandate of the Tripartite Committee on Labour Affairs, tripartite consultations are held within the Tripartite Committee. With regard to labour-related matters, including international labour standards, the Government refers in particular to tripartite consultations relating to questionnaires on Conference agenda items and the re-examination of unratified Conventions and Recommendations to which effect has not yet been given. The Committee notes, however, that the Government does not provide the detailed information requested on the content and outcome of the tripartite consultations held on all international labour matters covered under this Article of the Convention. The Committee therefore requests the Government to provide updated and detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by the Convention: questionnaires relating to Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the competent national authorities (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of Conventions (Article 5 (1)(e)).

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that the Maritime Labour Convention, 2006 (MLC, 2006), has been examined by the Tripartite Committee, after which the Tripartite Committee recommended its ratification. In this regard, the Committee notes with interest that the Office received the instrument of ratification of the MLC, 2006. Furthermore, the Committee refers to Article 5(1) of the Convention which lists the matters to be discussed in tripartite consultations. These matters include: Government replies to questionnaires concerning items on the agenda of the Conference and Government comments on proposed texts to be discussed by the Conference; proposals to be made to the National Assembly in connection with the submission of instruments adopted by the Conference; the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given; questions arising out of reports to be made under article 22 of the ILO Constitution; and proposals for the denunciation of ratified Conventions. The Committee therefore requests the Government to provide detailed information on the content and outcome of the tripartite consultations held on each of the matters set out in Article 5(1) of the Convention.

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

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that the Maritime Labour Convention, 2006 (MLC, 2006), has been examined by the Tripartite Committee, after which the Tripartite Committee recommended its ratification. In this regard, the Committee notes with interest that the Office received the instrument of ratification of the MLC, 2006. Furthermore, the Committee refers to Article 5(1) of the Convention which lists the matters to be discussed in tripartite consultations. These matters include: Government replies to questionnaires concerning items on the agenda of the Conference and Government comments on proposed texts to be discussed by the Conference; proposals to be made to the National Assembly in connection with the submission of instruments adopted by the Conference; the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given; questions arising out of reports to be made under article 22 of the ILO Constitution; and proposals for the denunciation of ratified Conventions. The Committee therefore requests the Government to provide detailed information on the content and outcome of the tripartite consultations held on each of the matters set out in Article 5(1) of the Convention.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 5(1) of the Convention. Effective tripartite consultations. In reply to previous comments, the Government recalls that the application of the Convention’s provisions is ensured through national legislation, particularly the Statute of the Tripartite Committee which was issued pursuant to section 43 of the Labour Code. As regards the frequency of the meetings, the Government specifies that, by virtue of section 7 of the abovementioned Statute, the Tripartite Committee meets three times a year or whenever deemed necessary. The Committee notes that no information is available on meetings held during the period covered by the report. The Committee invites the Government to provide detailed information on the content and outcome of the tripartite consultations held on matters regarding international labour standards covered by the Convention. Moreover, the Committee once again draws the Government’s attention to the possibility of availing itself of ILO’s technical assistance to address the implementation gaps of the Convention.

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

Tripartite consultations required by the Convention. The Committee notes the Government’s brief report received in August 2013 which states that the Tripartite Committee has not issued any reports or recommendations on issues related to international labour standards. Moreover, it notes with regret the Government’s indication that the Tripartite Committee has not been operational in this respect. The Committee requests the Government to make a special effort when preparing its next report and to provide detailed information on the content and outcome of the tripartite consultations held on each of the matters set out in Article 5(1) of the Convention. The Committee draws the Government’s attention to the possibility of availing itself of ILO’s technical assistance to fill the gaps in the implementation of the Convention.

[The Government is asked to reply in detail to the present comments in 2014.]

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

Articles 2 and 5 of the Convention. Consultation mechanisms and effective tripartite consultations required by the Convention. In its 2011 observation, the Committee invited the Government to report on the content and outcome of the tripartite consultations held on the matters related to international labour standards. The Government states in its reply received in July 2012 that it will subsequently communicate information on further consultations held by the national Tripartite Committee which will be undertaken pursuant to Article 5(1) of the Convention. The Committee requests the Government to provide detailed information on the operation of the consultation mechanism, specifying the activities of the Tripartite Committee on each of the matters related to international labour standards covered by Article 5(1) of the Convention, and indicating the nature of any reports or recommendations made as a result of the tripartite consultations.

[The Government is asked to reply in detail to the present comments in 2013.]

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

Articles 2 and 5 of the Convention. Consultation mechanisms and effective tripartite consultations required by the Convention. The Committee notes the Government’s report received in August 2011 indicating that, by virtue of Section 43 of the Labour Code, Regulation No. 21 of 2010 was promulgated and established the mandate of the Tripartite Committee for Labour Affairs. The Committee notes with interest that this tripartite committee is responsible for ensuring consultations with respect to the matters related to international labour standards. The Committee invites the Government to provide in its next report detailed information on the content and outcome of the tripartite consultations held by the Tripartite Committee for Labour Affairs on all matters related to international labour standards covered by Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2 of the Convention. Consultation mechanisms. The Committee notes the information provided by the Government in the report received in September 2009. The Government indicates that Law No. 48 of 2008, amending the Labour Code, establishes in further detail the manner in which the Tripartite Committee for Labour Affairs shall be constituted, its composition and competences. An implementing decree will be issued for this purpose so that the Tripartite Committee becomes operational. A commission composed of representatives of employers and workers and of the Ministry of Labour has been established to prepare the implementing decree and propose it for adoption. The Committee requests the Government to provide information in its next report on the real progress achieved towards the establishment of a tripartite body specifically responsible for matters relating to international labour standards. The Committee also invites the Government to provide detailed information on the content and outcome of the tripartite consultations held on each of the matters relating to international labour standards covered by Article 5(1).

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

Effective tripartite consultations. The Committee notes the communication received in November 2007 as well as the Government’s report received in September 2008. The Government indicates in particular that the social partners decided, in a joint declaration, to create a Tripartite Advisory Committee for Labour Affairs to give effect to the Convention. According to that Committee’s statutes, approved by a decision of the Council of Ministers of 18 September 2007, consultations will take place on matters relating to employment, in particular with a view to assessing the extent to which employment policy and legislation are in line with economic and social development and to plan the follow-up to the conditions of work, and also on problems linked to international and Arab labour standards and reports arising therefrom. However, at the session held on 19 January 2008, it appears that the Tripartite Advisory Committee did not deal with any of the matters relating to international labour standards covered by the Convention. The Committee requests the Government to provide details in its next report on the consultations held in the Tripartite Advisory Committee on each of the matters relating to international labour standards set out in Article 5, paragraph 1, of the Convention. Please indicate the frequency of the consultations referred to in the Convention as well as the arrangements made for the financing of any necessary training of participants in the consultative procedures.

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

1. Tripartite consultations required by the Convention. In its report received in August 2007 replying to the 2006 direct request borne out of the first examination by the Committee of the application of this priority Convention, the Government indicates that the social partners have agreed to freeze the National Tripartite Committee and to establish a Tripartite Committee for Labour Affairs. The Government further states that the tasks of the new committee shall cover all matters related to labour, including international labour standards. The new committee will be constituted and will start its work in the near future. The Committee asks the Government to provide information on the effective consultations held on the matters listed in Article 5, paragraph 1, of the Convention made by the newly established committee.

2. Article 4, paragraph 2. Financing of training. The Government also indicated that the social dialogue project carried out in collaboration with the ILO implements programmes that are aimed at developing knowledge and capacities of the social partners, including the participants in the consultative mechanisms. The Committee invites the Government to also include, in its next report, details on the progress made with regard to the tripartite consultations on international labour standards, further to the technical assistance provided by the ILO.

[The Government is requested to reply in detail to the present comment in 2008.]

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

Tripartite consultations required by the Convention. Financing of training. The Committee notes the Government’s first report on the application of the Convention, received in October 2005. It notes with interest that by the Ministerial Order in 2004, a national tripartite committee was established which is consulted, among other issues, on international labour standards. Written communications were also sent to the representative organizations on some matters covered by the Convention. The Government further indicates that it carried out a project in collaboration with the ILO with a view to strengthening the capacity of the social partners aimed at upgrading social dialogue in Jordan. The national tripartite committee is revising the Labour Code. The Committee would appreciate continuing to receive detailed information on the consultations held during the next reporting period on each of the subjects listed in Article 5, paragraph 1, of the Convention, including particulars on any reports or recommendations made as a result of the consultations held by the national tripartite committee or through written communications. Please also include information on the arrangements made or envisaged for the financing of any necessary training of participants in the consultative procedures (Article 4, paragraph 2).