Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Jordan (Ratification: 1968)

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

Previous comment

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2023 which concern certain matters examined in this comment.

Articles 1–6 of the Convention.Scope of application of the Convention.Foreign workers. In its previous comment, the Committee had noted that the legal restrictions to the freedom of association of foreign workers, in addition to the dominant union monopoly, have strongly contributed to a situation where, in many sectors foreign workers have no access to collective bargaining, while in some others, their bargaining power is significantly constrained in practice. In view of the foreign workers’ large share in the workforce in Jordan, the Committee had noted that this issue significantly affected the exercise of freedom of association and the right to collective bargaining in the whole Jordanian economy and had urged the Government to repeal sections 98(f)1 of the Labour Code and 7(a) of the Jordanian Teachers’ Association Act (JTA Act) which exclude foreign workers from the right to establish and join unions, and to promote collective bargaining in the sectors where foreign workers make up most of the workforce and encourage the existing unions to adopt an inclusive approach to the participation of foreign workers in collective bargaining. The Committee notes the Government’s indication that the Jordanian Constitution grants the right to establish unions only to Jordanians and therefore repealing section 98(f)1 would be anti-constitutional. Regarding section 7(a) of the JTA Act, the Government indicates that pursuant to its section 19(d), proposals to amend the JTA Act must be made by the board of the union, and subsequently submitted to the Central Authority of the Association and finally to the Minister who will take the necessary legal measures. Regarding the promotion of collective bargaining in sectors where foreign workers make up most of the workforce (including agriculture, construction, domestic work and the garment industry), the Committee notes that the Government merely indicates that in 2022, the number of collective labour contracts reached 47, which covered 263,123 workers including foreign workers. In the first half of 2023, these numbers reached 31 and 146,746 respectively. The Government adds that in the construction sector there is a cooperation protocol between the General Union of Construction Workers and the Association of Investors in the Jordanian Housing sector, and negotiations between that union and the Jordanian Construction Contractors’ Association are ongoing. Noting the Government’s replies to the legislative review requests, the Committee recalls that States have the obligation to give effect to the provisions of the Conventions they ratify, and it is in view of fulfilling this fundamental obligation that they must bring their law and practice into conformity with those Conventions. Considering that the Convention does not allow the exclusion of foreign workers from its scope, the Committee once again urges the Government, in full consultation with the social partners, to repeal all the legal provisions that exclude foreign workers from the right to engage in collective bargaining, in particular sections 98(f)1 of theLabour Code and 7(a) of the JTA Act. The Committee further requests the Government to promote collective bargaining in the sectors where foreign workers are highly represented and take measures to ensure that their demands and concerns are taken into account in this process, and to provide information on the steps taken in this respect.

Agricultural and domestic workers. In its previous comment the Committee had noted that domestic workers are not covered by the Labour Code provisions concerning freedom of association and collective bargaining. The Committee also noted that since the adoption of Decision No. 2022/45 of the Ministry of Labour (MOL), domestic workers can join a pre-existing sectoral union. The Committee had requested the Government to take measures towards the express recognition of the rights of domestic workers to organize and bargain collectively and to provide information on collective bargaining in domestic work and agriculture sectors. It notes with regret that the Government does not provide any information in reply to these requests. Therefore, the Committee once again urges the Government to take appropriate measures to: (i) revise the Labour code or the Regulation on domestic work with a view to expressly recognizing the right of domestic workers to organize and bargain collectively; (ii) encourage and promote collective bargaining in agriculture and domestic work sectors and; (iii) provide information on any collective agreements concluded in these two sectors and the number of workers covered by them.

Workers aged between 16 and 18 years. In its previous comments, the Committee had noted that minors between 16 and 18 years of age have access to employment but are prohibited from joining trade unions and had requested the Government to revise the law so that these workers can enjoy their rights under the Convention. The Committee notes that the Government merely reiterates in this respect that the purpose of subjecting the right to establish and join unions to the attainment of age of 18 is to protect the workers’ will; that amending section 98(f) would go against Jordanian civil law provisions concerning the age of majority and the capacity to exercise civil rights; and that the Jordanian Chamber of Commerce has expressed its agreement with the current age limit. Recalling that it has always emphasized the need to guarantee that minors who have reached the minimum legal age for admission to employment, both as workers and as apprentices, can exercise their trade union rights, the Committee regrets the lack of progress on this matter. Therefore, the Committee once again urges the Government to take the necessary measures to amend sections 98(e)2 and 98(f) of the Labour Code, with a view to fully recognizing and protecting the right of the workers aged between 16 and 18 years to exercise their rights under the Convention. It requests the Government to provide information on the measures taken or envisaged in this respect.

Education sector workers. In its previous comment, the Committee had noted that despite the existence of a union they can join, public sector teachers, and private sector teacher members of the Jordanian Teachers’ Association (JTA), do not appear to enjoy the right to collective bargaining in law or in practice and had requested the Government to ensure that this right is recognized and effectively respected. The Committee had also noted that at least two cases concerning JTA members and executives were pending before courts: (i) the case concerning the dissolution by judicial decision of the JTA executive board; and (ii) a penal case involving charges of incitement to hatred, disturbing the order at an educational institution, and instigating an unlawful assembly. The Committee had also noted the ITUC’s observation alleging the arrest and detention of 14 leading members of the JTA. The Committee had requested the Government to provide information on all the court proceedings involving the JTA, the unionists involved in them and the concrete acts that had entailed their charges. The Committee notes that the Government indicates that contrary to the General Union of Workers in Private Education (GUWPE), the JTA is established under the JTA Act and is not an association governed by Labour Law, therefore, the Ministry of Labour does not deal with any disputes related to this organization. The Government adds however, that JTA members who are teachers in private educational institutions, have the worker status under the Labour Code and enjoy the rights contained therein. According to the Government, a new collective labour contract was concluded between the GUWPE and the Association of Private School-Owners, which initiated a unified labour contract for all workers in private schools and kindergartens, strengthening their labour rights. Concerning the proceedings involving the JTA and its members, the Government indicates that on 12 December 2022, the Amman Magistrate’s Court issued a judgment acquitting the JTA and the members of the first session of its Council from charges of misuse of authority and wasting public money. Nevertheless, the Court convicted 10 other members of the JTA Council for the offence of wasting public money. The Government adds that the Court of Appeal annulled this judgment on 27 April 2023 and the case was sent back to the first instance Court where it is still pending. The Committee also notes the observations of the ITUC stating that JTA members still face persecution from the authorities, and that although the organization has re-started its activities, its leadership has been replaced and members face restrictions in organizing collective actions. The ITUC alleges that genuine leadership and members have been unable to resume their trade union activities. Noting the information provided by the Government, the Committee regrets that no measures have been taken in view of guaranteeing the right to collective bargaining of the JTA members. The Committee recalls in this respect that education sector workers in both public and private sectors should enjoy the rights enshrined in the Convention including the right to collective bargaining. Furthermore, the Committee notes that the Government does not reply to the request for information concerning the JTA members who were accused of “incitement to hatred, disturbing the order at an educational institution, and instigating an unlawful assembly”. Therefore, the Committee once again urges the Government to take all the necessary measures, including legislative measures, to ensure that the right to collective bargaining of the JTA and all workers in the public and private education sector is explicitly recognized in law and effectively respected in practice. The Committee also requests the Government to provide information on all the penal and civil cases pending against the JTA and its members, including the identity and trade union office of the prosecuted JTA member and the concrete acts that have entailed the charges against them. Finally, the Committee requests the Government to provide its comments with respect to the observations of the ITUC.

Workers not included in the 17 sectors recognized by the Government. In its previous comment, the Committee had noted that the principle embodied in section 98(d) of the Labour Code, which provides for the existence of a closed list of industries and economic activities in which trade unions – only one per sector –can be established, is incompatible with the principles set out in the Convention concerning the workers covered as in view of the evolving nature of the economy and the continuous coming into existence of new activities, a closed list will inevitably have the effect of excluding entire categories of workers from the right to establish and join organizations and, therefore, from exercising the right to collective bargaining. The Committee recalls that the Convention covers all workers, with the only possible exceptions of the armed forces, the police and the public servants engaged in the administration of the State. The Committee further notes the Government’s indication that the Ministry of Labour continuously amends the Decision on classification of industries and economic activities in which workers may establish unions, with a view to ensuring the inclusion of all workers in all sectors. The Committee recalls that the existence of a closed list of sectors where unionization and collective bargaining is allowed is incompatible with the Convention and notes with regret the lack of progress with respect to this long-standing issue. Therefore, the Committee once again urges the Government to review section 98(d) of the Labour Code and to take the necessary measures to ensure that workers in all sectors of the economy can exercise their right to organize and freely bargain collectively through the organization of their choosing. It requests the Government to provide information on the measures taken in this respect.

Article 2. Adequate protection against acts of interference. In its previous comment, the Committee had noted that a bill amending section 139 of the Labour Code, which establishes the penalty applicable to acts of interference by employers, was pending before the House of Representatives, but that the proposed amendment still did not establish sufficiently dissuasive sanctions. The Committee had requested the Government to revise the draft submitted to the parliament with a view to effectively strengthen the penalties for interference. The Committee notes the Government’s indication that the draft was adopted as such and therefore the highest fines imposed on employers in case of breach of labour law (including acts of interference) have increased from 100 Jordanian Dinar (JD) to JD1,000 (US$1,410). The Committee notes that this fine, which can neither be adjusted with inflation nor adapted in proportion to the size of the enterprise may not be sufficiently deterrent in the long term and in cases in which the interfering employer disposes of considerable financial resources. The Committee therefore requests the Government, in full consultation with the social partners, to review section 139 of the Labour Code with a view to effectively strengthen the penalties for acts of interference, so as to ensure that they are sufficiently dissuasive. It requests the Government to provide information on the measures taken in this respect.

Articles 4 and 6. Right to collective bargaining. Trade union monopoly. In its previous comments, the Committee had noted that there is a situation of union monopoly in Jordan where 17 sectoral trade unions all affiliated to a single confederation are the only recognized workers’ organizations and no new trade union has been registered since 1976, despite several requests by groups of workers. The Committee noted that this situation is based on sections 98(d) and 102(c) of the Labour Code, as well as on the Decision on classification of industries and economic activities. The Committee notes that the Government reiterates in this respect that the refusal of the Registrar of Trade Unions and Employers’ Associations to register any new trade union with the same aims and purposes as an existing trade union is to avoid rendering the sector vulnerable to fragmentation and conflict of interest and that the rationale behind section 98 is to defend the workers’ interest. Noting with regret the lack of progress on this very important and longstanding issue, the Committee recalls that the right of workers to free and voluntary collective bargaining should include the right to be represented in collective bargaining by the organization of their choice. Therefore, the Committee urges the Government to take all the necessary measures to remove obstacles to trade union pluralism in law and in practice, including by removing the requirement of “one union per sector” in section 98(d) of the Labour Code and the Decision on the classification of industries and economic activities where trade unions may be established (Ministerial Decision No. 2022/45) so as to ensure that all workers can fully exercise their right to free and voluntary collective bargaining.

Collective bargaining in the public sector.Public servants not engaged in the administration of the State. In its previous comment, the Committee had noted that in Jordan, the exercise of the right to collective bargaining in the public service is still not possible in the absence of a legal framework that would expressly recognize this right and regulate its exercise and had urged the Government to take measures in this respect. It had also requested the Government to provide information on any existing public service trade unions besides the JTA and the regulatory texts governing their establishment and functioning. The Committee notes that the Government merely indicates in this respect that employees in any Ministry, department, body or government institution may establish a special trade union for themselves, provided that this is done by virtue of regulations issued for this purpose in accordance with the opinion of the legislative authority which has the original competence with respect to the matter. The Committee notes therefore that the creation of organizations by public servants requires special legislation and that no such special legislation has been issued besides the JTA Act. In view of the above, the Committee urges the Government to take the necessary measures to: (i) adopt legislation enabling public servants not engaged in the administration of the State to establish their organizations; and (ii) to ensure that all public servants not engaged in the administration of the State have an effective framework in which they may engage in collective negotiations over their working and employment conditions through the trade union of their choice, for example, by revising the Civil Service Regulation No. 9 of 2020, or by extending the scope of the Labour Code. The Committee requests the Government to provide information on the steps taken in this regard.

The Committee reminds the Government of the possibility to avail itself of ILO technical assistance regarding the issues raised in this comment.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022 concerning matters examined in the present comment, including allegations concerning the persistence of anti-union measures against the Jordanian Teachers Association (JTA). The Committee requests the Government to provide its comments in this respect.

The Committee also notes that the Committee on Freedom of Association drew its attention to the legislative aspects of Case No. 3337 that relate to the Convention (Report No. 397, March 2022, paragraph 478). These matters are discussed below.

Articles 1 to 6 of the Convention. Scope of application of the Convention. Foreign workers. In its previous comments, the Committee had observed that the legal incapacity of foreign workers to establish or hold office in trade unions may constitute an obstacle to the autonomous exercise of their rights recognized by the Convention and had urged the Government to take the necessary measures, including legislative measures, to facilitate the full exercise by foreign workers of the rights recognized by the Convention. The Committee notes that the Government indicates in this regard that: (i) the Labour Code restricts the right to establish trade unions to Jordanians and according to the decision No. 1 of 2020 of the Constitutional Court, the Constitution prevails over international treaties and conventions; (ii) in 2021, 44 collective agreements, and in 2022, 33 collective agreements were concluded that cover, respectively 115,332 and 183,033 Jordanian and non-Jordanian workers. Regarding the hierarchy between the Convention and the Jordanian Labour Code, the Committee notes that the text of the above-mentioned decision of the Constitutional Court emphasizes that domestic law shall not contradict international conventions ratified by the Kingdom, a position which is in line with the fundamental principles of international law. The Committee further notes that pursuant to section 98(f) of the Labour Code, foreign workers do not have the right to establish trade unions; pursuant to article 45 of the unified constitution of the recognised sectoral trade unions of 2020 they cannot be elected to the administrative board and; pursuant to section 7(a) of the Jordanian Teachers’ Association Act No. 14 of 2011 (hereafter the JTA Act) they cannot join the JTA, while according to the information communicated by the Government, in 2021 the number of foreign workers in the education sector amounted to 929 persons. Regarding the right of foreign workers to collective bargaining in practice, the Committee notes that, according to the information communicated by the Government, in 2021 foreign workers with a work permit constituted 19.5 per cent of the total workforce. It also notes the Government’s indications as to the aggregate number of workers, including foreign workers, covered by CBAs concluded in 2021 and 2022. It notes in this regard that according to the World Bank report Jobs Diagnostic Jordan (2020), non-Jordanians account for almost 36 per cent of total employment. The Jordanian labour market is highly segmented along the lines of nationality, with non-Jordanians disproportionately concentrated in informal and unskilled sectors. In 2016 almost all domestic workers, 70 per cent of agricultural workers and 60 per cent of construction workers were non-Jordanian. According to the 2022 Annual Report of Better Work Jordan (hereafter BWJ Report), foreign workers also make up 75 per cent of workforce in the garment industry. The Committee notes that in practice, with the exception of the garment sector, no significant collective bargaining has taken place in any of the above-mentioned sectors where foreign workers are highly represented. Domestic work and agriculture were not included in the list of sectors covered by the 17 recognized sectoral unions until July 2022 and according to the Jordanian Federation of Independent Trade Unions, in 2008 the Government refused to recognize an independent union of agricultural workers (Committee on Freedom of Association, Case No. 3337, Report No. 393, March 2021, paragraph 518). Regarding the construction sector, the Committee notes that according to the lists of collective agreements since 2015 published on the website of the Ministry of Labour (hereafter MOL), no large-scale collective bargaining has taken place in the sector in the 2015-2022 period, and the few collective agreements that were concluded covered only specific firms with a few hundred workers covered. Regarding the garment sector, the Committee notes that according to BWJ Report, the garment sector 2019 CBA featured the most inclusive process of any CBA to-date, as worker representatives from multiple different nationalities were consulted and key issues facing workers were addressed during negotiations. Nevertheless, this process has delivered a two-tier regulation of employment conditions in which less favourable terms apply to foreign workers. For instance, the minimum wage applicable to foreign workers is lower; furthermore, the unified contract for Jordanians provides for paid maternity leave and restricts the maximum daily overtime work, while the agreement covering foreign workers does not contain such provisions. In view of the foregoing, the Committee is bound to note that in practice, only in one of the sectors where foreign workers make up most of the workforce, their conditions of work are regulated by collective agreements. Therefore, the Committee notes with concern that the legal restrictions to the freedom of association of foreign workers, in addition to the dominant union monopoly, have strongly contributed to a situation where, in many sectors, they have no access to collective bargaining, while in some others, their bargaining power is being significantly constrained in practice. The Committee notes that,in view of the foreign workers’ large share in the workforce, this issue significantly affects the exercise of freedom of association and the right to collective bargaining in the whole Jordanian economy. In view of the above, the Committee urges the Government to: (i) repeal sections 98(f)1 of the Labour Code and 7(a) of the JTA Act; and (ii) pending legislative reform, take all the necessary measures to promote collective bargaining in the sectors where foreign workers make up most of the workforce and encourage the existing unions to adopt an inclusive approach in which foreign workers’ representatives participate in the process of collective bargaining and their demands and concerns are effectively taken into account. The Committee requests the Government to provide detailed information on the legislative and promotional measures taken in this respect, as well as information on changes in the scope and terms of agreements as they relate to foreign workers.

Agricultural and domestic workers. The Government indicates that the Regulation on agricultural workers was adopted by the House of Representatives on 14 March 2021, following a process that involved consultation with representatives of workers and employers and civil society organizations. The Committee notes that the Regulation contains rules on various aspects of agricultural work and applies to all workers including non-Jordanians. It notes with interest that section 16 of the Regulation refers to the Labour Code all aspects of labour relations that are not covered by the regulation, including the right of agricultural workers to freedom of association and collective bargaining. The Committee further notes the Government’s indication that Decision No. 2022/45 of the Minister of Labour dated 18 July 2022, amending the Decision concerning the categories of industries and economic activities in which workers are allowed to establish unions, included agricultural workers in the professions that can join the union of food industries, which is henceforth called the General Union of Water, Agriculture and Food Industries Workers.

Regarding domestic workers, the Government confirms that section 3(b) of the Labour Code excludes them from the scope of the Code, and that their rights and obligations are set out in Regulation No. 90 of 2009, amended by Regulation No. 64 of 2020. However, the Committee notes with concern the Government’s indication that as the Regulation does not contain a clause referring to the provisions of the Labour Code on matters not covered by it, domestic workers remain excluded from the provisions concerning freedom of association and collective bargaining. Nevertheless, the Government indicates that the above-mentioned Decision No. 2022/45 of the MOL has added domestic workers to the professional categories covered by the Union of General Services and Free Professions, which enables them to join this union. The Government adds that there are no statistical data available as to the number of domestic workers who joined this union. It finally indicates that the owners of agencies for the recruitment and employment of non-Jordanian domestic workers have established an association. The Committee notes that the ITUC confirms in its observations the inclusion of agricultural and domestic workers in the food and services sectors by ministerial decision. The Committee notes that the Ministerial decision No. 2022/45 has enabled agricultural and domestic workers to join the designated sectoral trade unions, which only allows these workers to exercise their right to organize and collectively bargain in the very restrictive framework of the existing system of trade union monopoly, from which they were previously excluded. In view of the above, and while taking due note of the first step taken through the Ministerial decision No. 2022/45, the Committee urges the Government to take the necessary measures to: (i) revise the Labour code or the Regulation on domestic work with a view to expressly recognising the right of domestic workers to organize and bargain collectively; (ii) encourage and promote collective bargaining in agriculture and domestic work sectors, and; (iii) provide information on any collective agreements concluded in these two sectors, and the number of workers covered by them. The Committee requests the Government to provide information on the measures taken.

Workers aged between 16 and 18 years. In its previous comments, the Committee had noted that minors between 16 and 18 years of age have access to employment but are prohibited from joining trade unions and had requested the Government to revise the law so that these persons can enjoy their rights under the Convention. The Government indicates in this regard that the purpose of subjecting the right to establish and join unions to the attainment of age of 18, is to protect the workers’ will and that amending section 98(f) would go against Jordanian civil law provisions concerning the age of majority and the capacity to exercise civil rights. The Government further indicates that the MOL has consulted the Jordanian Chamber of Commerce on this matter, which has expressed its agreement with the current age limit. The Committee once again urges the Government to take the necessary measures to amend sections 98(e)2 and 98(f) of the Labour Code, so as to ensure that minors who have reached the legal age for admission to employment, whether as workers or trainees, are fully protected in the exercise of their rights under the Convention. It requests the Government to provide information on the measures taken or envisaged in this respect.

Education sector workers. In its previous comment, the Committee had urged the Government to guarantee the right to organize and bargain collectively in the education sector; to ensure full respect of the independence of workers’ organizations in the sector; and to provide information on the outcome of court proceedings involving the JTA and on any collective agreement or accord in the education sector, including with the JTA. The Committee notes that the Government indicates that the JTA was established through the enactment of a special law, the JTA Act and that it is not subject to the provisions of the Labour Code, and the MOL plays no part in the disputes related to it. The Committee also notes that the JTA Act does not contain any provision concerning collective bargaining or resolution of collective labour disputes. It further notes that the Government indicates that the General Union of Workers in Private Education (hereafter GUWPE) last concluded a collective agreement with the Organization of private school owners in 2019; but it does not refer to any collective agreement concluded by the JTA. However, the Committee notes that GUWPE covers only the private education sector, while the membership of JTA includes mainly public sector teachers. In view of the foregoing, and the absence of a regulatory framework for collective bargaining covering the JTA, the Committee is bound to note that despite the existence of a union they can join, public sector teachers, and those private sector teachers who choose affiliation to JTA, do not appear to enjoy the right to collective bargaining in law or in practice.

Regarding the proceedings involving the JTA, the Committee notes the observation of the ITUC reporting that the Amman Court of Appeal reversed the administrative decision to dissolve JTA, nevertheless, the organization was still impeded from operating and representing teachers in the country, as none of its board members were able to resume their trade union activities. It also notes the Government’s indication that the JTA executive board was once dissolved by a judicial decision and currently, a case is pending before the Court of Cassation. The Government also refers to a pending penal case concerning JTA, involving charges of incitement to hatred, disturbing the order at an educational institution, and instigating an unlawful assembly. However, the Government does not indicate who is prosecuted in this case and which concrete acts led to the charges. It also notes the ITUC’s observation, reporting that on 5 October 2021, the Jordanian security forces arrested and detained fourteen leading members of the JTA, who were peacefully demonstrating on the World Teachers’ Day, denouncing the crackdown on trade union rights. In this regard, the committee emphasizes that arrest, detention and criminal prosecution of trade union members and leaders for trade union activities is a denial of freedom of association and consequently, of the right to collective bargaining; and that the State must guarantee a climate free from violence, pressure, and threats of any kind against the leaders and members of trade union organizations. It emphasizes that it is incumbent on the competent authorities to ensure that the measures taken against trade union members and officials were not occasioned by their trade union activity. In view of the above considerations and recalling that the Convention covers all teachers in both private and public sectors, the Committee urges the Government to take all the necessary measures, including legislative measures, to ensure that the right to collective bargaining of the JTA and all workers in the public and private education sector is explicitly recognised in law and effectively respected in practice. The Committee further requests the Government toprovide information on the identity and trade union office of the prosecuted JTA members and the concrete acts that have entailed the charges against them, with a view to ensuring that their prosecution is not occasioned by their trade union activities. It also requests the Government to provide information on the outcome of all court proceedings involving the JTA.

Workers not included in the 17 sectors recognized by the Government. In its previous comments, the Committee had noted that the number of sectors in which trade unions can be established is set at 17 and had urged the Government to ensure that no category of workers other than the exceptions in the Convention can be excluded from the exercise of the right to organize and bargain collectively. The Government indicates that the Ministry of Labour initiated the process of amendment of the previous Decision on classification of industries and economic activities in which establishment of unions is authorized following a decision of the Labour Relations Tripartite Committee defined in section 43 of the Labour Code, and the Minister issued decision 2022/45 dated 18 July 2022 pursuant to the recommendation of the Registrar of trade unions. The Committee notes the copy of the Ministerial Decision No. 2022/45 which contains the complete updated list of the industries and economic activities included under each of the 17 sectors of activity assigned to the recognised sectoral unions. The Committee also notes the statistics provided on the number of Jordanian and non-Jordanian workers disaggregated by economic sector, which do not however correspond to the classification of sectors in Decision 2022/45. The Committee notes that the most remarkable change brought by the new classification is the addition of agriculture and domestic work under food industries and services sectors/unions. With the information at its disposal, the Committee is not in the position to evaluate to what extent Decision 2022/45 covers the whole Jordanian economy or which sectors and economic activities may be left out. However, it notes that the principle embodied in section 98(d) of the Jordanian Labour Code, which provides for the existence of a closed list of industries and economic activities in which trade unions can be established, is incompatible with the principles set out in the Convention concerning the workers covered. It notes that until July 2022, the classification had excluded such large sectors as agriculture and domestic work, and that in view of the evolving nature of the economy and the continuous coming into existence of new activities, a closed list will inevitably have the effect of excluding entire categories of workers from the right to establish and join organizations and, therefore, from exercising the right to collective bargaining. Recalling that the Convention covers all workers, with the only possible exceptions of the armed forces, the police and the public servants engaged in the administration of the state, the Committee urges the Government to repeal section 98(d) of the Labour Code and to take the necessary measures to ensure that workers in all sectors of the economy can exercise their right to organize and freely bargain collectively through the organization of their choosing. It requests the Government to provide information on the measures taken in this respect.

Article 2. Adequate protection against acts of interference. In its previous comment, the Committee had requested the Government to provide information on any progress on the adoption of the amendment to section 139 of the Labour Code and the penalties for interference by employers provided in the amended law. The Government indicates that the bill amending the Labour Code is presently before the House of Representatives and that in the amended section 139, the highest fines imposed on employers in case of breach of labour law have increased from JD100 to JD1,000, which amounts to US$1,400. Recalling that the sanctions against acts of interference must be effective and sufficiently deterrent, the Committee notes that a fine of maximum JD1,000, which can neither be adjusted with inflation nor adapted on the basis of the size of the enterprise may not be sufficiently deterrent in the long term and in cases in which the interfering employer disposes of considerable financial resources. The Committee therefore requests the Government to revise the draft submitted to the parliament with a view to effectively strengthen the penalties for interference, so as to ensure that they are sufficiently dissuasive. It requests the Government to provide information on the measures taken in this respect.

Articles 4 and 6. Right to collective bargaining. Trade union monopoly. In its previous comment, the Committee had recalled that the imposition of a trade union monopoly is incompatible with the principle of free and voluntary negotiation and had urged the Government to ensure that more than one trade union can be established in a sector and to permit the effective exercise of the free and voluntary negotiation. The Committee notes the Government’s indication that the situation of trade union monopoly and the refusal to register independent trade unions is based on sections 98(d) and 102(c) of the Labour Code as well as on the Decision on classification of industries and economic activities in which establishment of unions is authorized. The Government further indicates that, the refusal of the Registrar of Trade Unions and Employers’ Associations to register any new trade union with the same aims and purposes as an existing trade union is to avoid rendering the sector vulnerable to fragmentation and conflict of interest. In the view of the Government, Jordanian law does not go against freedom to establish trade unions but regulates it in a way that is compatible with the provisions of the Jordanian Constitution and the United Nations Covenants on civil and political rights and economic, social and cultural rights. The Committee recalls in this regard that its function is to examine whether the requirements of Convention No. 98, ratified by the Kingdom of Jordan, are met in law and in practice; and in carrying out this work, it is guided by the standards laid down in the Convention alone. The Committee notes that according to the observations of the ITUC, no new trade union has been established since 1976. Furthermore, decision 2022/45 does not allow the establishment of any new union, but only recomposes the sectors covered by pre-established unions, by adding to them several previously excluded activities (notably, agriculture and domestic work) or by shifting an activity from the competence of one sectoral union to another.

In view of the above, recalling that the right of workers to free and voluntary collective bargaining should include the right to be represented in collective bargaining by the organization of their choice, the Committee urges the Government to take all the necessary measures to remove obstacles to trade union pluralism in law and in practice, including by repealing section 98(d) of the Labour Code and the Decision on the classification of industries and economic activities where trade unions may be established (Ministerial Decision No. 2022/45) so as to ensure that all workers can fully exercise their right to free and voluntary collective bargaining.

Collective bargaining in the public sector. In its previous comment, the Committee had trusted that the Government measures would contribute positively to the adoption of legislation or regulations explicitly recognizing the right to collective bargaining in the public sector. In this regard, the Committee notes the ITUC observation that the law still prohibits public sector workers from exercising the right to collective bargaining. The Committee requests the Government to provide its comments in this respect. The Committee notes on the other hand the Government’s indication that the Labour Code (section 3) excludes public employees from its scope. Nevertheless, the Government emphasizes that all Jordanian workers, whether they work in public or private sector, have a constitutional right to organize within legal limits. The Government has also transmitted a ruling of the Constitutional Court (interpretative opinion No. 6 of 2013), stating that public sector employees including civil servants have the right to establish unions within the framework of the law, to be set by the constitutionally competent authorities, namely the Council of Ministers and the King. The Committee notes that the Constitutional Court has referred to ILO Conventions Nos 87, 98 and 151 as the international legal foundations of the right to organize in public sector and has stated that on the basis of these instruments, the establishment of an “organization of public employees” that would benefit from all the necessary facilities can be envisaged whose purpose would be to define and defend the interests of the workers in the sector. The Committee had noted in its previous comment that the Civil Service Regulation No, 9 of 2020 does not contain a framework for collective bargaining, and the Government does not indicate any legislative novelty in this regard. In view of the above, the Committee notes that in Jordan, the exercise of the right to collective bargaining in the public sector is still not possible in the absence of a legal framework that would expressly recognise this right and regulate its exercise. Considering that according to the information submitted by the Government, in 2021, public sector employees constituted 38.8 per cent of employed Jordanian nationals, the Committee urges the Government to take the necessary measures, for example, by revising the Civil Service Regulation No. 9 of 2020, or by extending the scope of the Labour Code, to ensure that all public sector workers not engaged in the administration of the State have an effective framework in which they may engage in collective negotiations over their working and employment conditions through the trade union of their choice. The Committee requests the Government to provide information on the steps taken in this regard. It further requests the Government to provide information on any existing public service trade unions besides the JTA and the regulatory texts governing their establishment and functioning.

[The Government is asked to reply in full to the present comments in 2023.]

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2021 concerning matters examined in its previous comments and the continuing anti-union measures against the Jordanian Teachers Association (JTA). The Committee recalls that the ITUC provided observations in this regard in 2020. The Committee also notes the Government’s response.

The Committee notes that the ITUC reports the following anti-union measures against the JTA: (i) the arrest and detention of JTA members (July-August 2020); (ii) the filing of criminal charges against the organization and its president (July 2020); (iii) the closure by the Government of the JTA offices for two years (July 2020), which effectively deprives teachers and education personnel of any representation; (iv) the prohibition by the authorities of the press from covering JTA press conferences (October 2020); (v) the issuance by the Amman court of first instance of a decision authorizing the dissolution of the JTA executive board and imposing one-year prison sentences on the 13 board members for various offences (December 2020); the union leaders were released on bail and the JTA appealed the decision; and (vi) the arrest by security services of 230 teachers who were peacefully demonstrating during the meeting between the JTA deputy director and members of the Parliamentary Education Commission (January 2021).

The Committee notes that, according to the Government, the JTA is a trade union established under the Jordanian Teachers’ Union Act No. 14 of 2011, which deviates from the definition of trade unions contained in section 2 of the Labour Code, and is not therefore subject to the provisions on the functioning of trade unions established in section 98 of the Labour Code. The Government therefore considers that the JTA is not covered by the scope of application of the Convention. The Government further indicates that the suspension of the JTA’s activities and the closure of its offices follow a court decision regarding violations of Act No. 11 of 1993 on economic offences. It adds that an interim committee to manage the union’s administrative and financial affairs during the suspension of its executive board was established to safeguard teachers’ rights, pending a final court decision. The Committee recalls that the rights conferred by the Convention on teaching staff, in particular the right to collective bargaining, require the existence of independent trade union organizations which can freely carry out their activities in defence of the interests of their members without interference by the public authorities. The Committee urges the Government to take the necessary measures without delay to guarantee the right to organize and to bargain collectively in the education sector and to ensure full respect of the independence of workers’ organizations in the sector. The Committee, trusting that the above principles will be fully taken into account by the competent courts, requests the Government to provide information on the outcome of the current court proceedings involving the JTA and on any collective agreement or accord in the education sector, including with the JTA.

The Committee also recalls that it previously noted the observations of the Jordanian Federation of Independent Trade Unions (JFITU), received in August 2017, which referred to general legislative matters and specific cases of anti-union harassment and interference. The Committee notes the information provided by the Government in response to the observations of the ITUC and JFITU.

The Committee also notes that the Committee on Freedom of Association referred to the Committee the follow-up of certain legislative amendments which it recommended the Government to make in Case No. 3337 (see Report No. 393, March 2021, paragraph 571), and which are discussed below.

Articles 1 to 6 of the Convention. Scope of application of the Convention. Foreign workers. In its previous comments, the Committee noted the observations of the JFITU, which were also largely echoed by the ITUC, that although the law was amended in 2010 to allow foreign workers to join unions, it does not permit them to establish unions or to hold union office; and that, in sectors where migrants form the majority of the workforce, the establishment of trade unions and the exercise of the right to collective bargaining is extremely unlikely. The Committee previously asked the Government to indicate how, in practice, foreign workers can enjoy the protection of the Convention, including the right to engage in collective bargaining through organizations of their own choosing. The Committee notes the Government’s indication that: (i) foreign workers have the right to join trade unions and enjoy the benefits of collective labour agreements; (ii) while foreign workers cannot establish or lead their own trade unions, there are no obstacles to their participation in collective bargaining; (iii) the internal regulations of the employers’ organization and the General Federation of Jordanian Trade Unions (GFJTU) may regulate voting matters in executive boards, membership requirements and procedures, the requirements to be met by candidates for election to their executive bodies and election procedure; (iv) one of the country’s largest unions with a large proportion of foreign workers is the General Union of Textile Workers, which has concluded a sectoral collective agreement for the benefit of 75,000 workers; and (v) the General Trade Union of Workers in Public Services and Liberal Professions has concluded collective agreements in the catering and hotel sectors benefiting 104,000 workers, many of them foreign. While noting this information, the Committee observes that the legal incapacity of foreign workers to establish or hold office in trade unions may constitute an obstacle to the autonomous exercise of the rights recognized by the Convention, in particular the right to collective bargaining. The Committee therefore requests the Government to take the necessary measures, including legislative measures, to facilitate the full exercise by foreign workers of the rights recognized by the Convention. It requests the Government to provide information on any progress in this regard. The Committee also requests the Government to continue providing information on the trade unions representing foreign workers and the collective agreements applicable to them.

Domestic and agricultural workers. In its previous observation, the Committee noted with regret that, despite the removal of the explicit exclusion of domestic and agricultural workers from the coverage of the Labour Code, the law and regulations still do not clearly guarantee these workers the rights set out in the Convention, (as section 3(b) of the Labour Code provides that the rules governing the employment conditions of these workers shall be determined by a regulation to be adopted at a later stage) and that this situation is likely to reinforce existing obstacles to the exercise of the right to organize and bargain collectively of foreign workers in those sectors. The Committee notes the Government’s indication that: (i) the law establishes a special legal regime for domestic workers who can join the General Trade Union of Workers in Public Services and Liberal Professions and benefit from the collective agreements concluded in their sector; and (ii) with regard to agricultural workers, work is under way to prepare specific regulations which should enable them to establish or join a representative trade union. Recalling that all workers other than members of the armed forces and the police and public servants engaged in the administration of the State are covered by the provisions of the Convention, the Committee trusts that the Government will adopt without delay the specific regulations for agricultural workers so that they can benefit from the right to organize and bargain collectively set out in the Convention and requests the Government to provide a copy of these regulations. The Committee also requests the Government to provide a copy of the text regulating the rights of domestic workers to which it refers, indicating whether it applies to domestic workers as well as to cooks, gardeners and other similar categories of workers. Lastly, the Committee requests the Government to specify how, under the applicable regulations, the various categories of workers referred to above effectively exercise the rights enshrined in the Convention, by providing, for each category, information on the number of collective agreements concluded and the number of workers covered.

Workers aged between 16 and 18 years. In its previous comments, the Committee requested the Government to amend section 98(f) of the Labour Code to lift the prohibition on minors from joining trade unions, even though they have access to employment from the age of 16, so that they can benefit from the rights set out in the Convention. The Committee notes that in its reply the Government merely reiterates that the legal age for admission to employment is 18 years of age and that minors between 16 and 18 years of age work under special conditions determined by law. However, it specifies that these workers enjoy the same benefits as other workers under collective agreements. The Committee urges the Government to take the necessary measures to amend section 98(f) so as to ensure that minors who have reached the legal age for admission to employment, whether as workers or trainees, are fully protected in the exercise of their rights under the Convention. The Committee requests the Government to provide information on the measures taken or envisaged in this respect.

Workers not included in the 17 sectors recognized by the Government. In its previous comments, the Committee noted the indication that, pursuant to an Order of the Ministry of Labour of 1999, the number of occupations and industries in which workers have the right to establish trade unions is set at 17. In this regard, the Committee noted the ITUC and JFITU’s observations indicating that workers who are not in the Government-designated sectors are not able to engage in collective bargaining through organizations of their own choosing. The Committee notes the list provided by the Government of the 17 sectors in which it recognizes the right of workers to organize for the purposes of collective bargaining. The Committee also notes the Government’s indication that section 98 of the Labour Code has been amended to remove the responsibility for classifying occupations and industries from the Tripartite Labour Committee and assign it to the Minister of Labour, thereby allowing greater flexibility in the reclassification of occupations and industries, and paving the way for the creation of new trade unions. While the Government provides overall figures for the 56 collective agreements concluded in 2019, covering 281,526 workers, the Committee notes that the Government does not specify the occupations included in each of the 17 sectors, the relevant legislation, regulations, or statistical information on the number of workers in each of these sectors, as requested in its previous observation. In view of the above, the Committee is once again bound to express its concern that the current system has the effect of removing entire categories of workers from the rights guaranteed by the Convention. The Committee recalls that the scope of application of the Convention covers all workers and employers, and their respective organizations, in both the private and the public sectors, irrespective of whether or not they are essential services. The only exceptions authorized concern the armed forces and the police, as well as public servants engaged in the administration of the State (see 2012 General Survey on the fundamental Conventions, paragraph 168.). The Committee therefore urges the Government to take all the necessary measures to ensure that no category or group of workers, with the exception of the armed forces, the police and public servants engaged in the administration of the State, can be excluded from the scope of application of the Convention for the exercise of their right to organize and bargain collectively. The Committee also requests the Government to provide information on the Ministry of Labour’s decisions concerning the reclassification of occupations and industries within the meaning of the requirements of the Convention as recalled above. In the meantime, the Committee again requests the Government to provide statistics showing the number of workers in each of the recognized sectors and the total number of workers in the country.

Article 2. Adequate protection against acts of interference. In its previous comments, the Committee requested the Government to amend the legislation with a view to strengthening the penalties in cases of interference, as it considered that the fines provided for in section 139 of the Labour Code could not have a sufficiently dissuasive effect. The Committee also noted the ITUC and JFITU’s allegations that the Government subsidized the remuneration of GFJTU personnel and some of its activities, and that it continued to influence their policies and activities, as well as those of their affiliates. The Committee notes the Government’s response that it refrains from any trade union interference and that the financial resources of the GFJTU and its affiliates come from membership fees, as well as subsidies and donations made in accordance with certified financial rules. With regard to penalties for interference by employers, the Government indicates that it submitted a draft amendment to the Labour Code in 2020, including an amendment to section 139 to increase the penalty from 500 to 1,000 Jordanian dinars (US$1,410). The draft amendment is now reportedly before the House of Representatives. Noting the draft provision to strengthen the penalties for interference indicated by the Government, the Committee requests the Government to provide information on any progress in the adoption of the legislative amendment and on the penalties for interference by employers provided for in the Labour Code as amended.

Articles 4 and 6. Right to collective bargaining. Trade union monopoly. In its previous comments, the Committee noted the observations of the JFITU, which were largely echoed by the ITUC, that it was impossible to establish more than one union in the Government-designated sectors and that the unions in question were required to be affiliated to the single officially recognized federation, the GFJTU, and the limitation of one union per sector serves to prevent independent unions from organizing workers in the recognized sectors and representing their interests in collective bargaining. The Committee also noted that section 98(d)(1) of the Labour Code effectively gives the Tripartite Labour Committee (defined in section 43 of the Labour Code) the authority to determine groups of occupations in which only one general trade union may be established, which appears to authorize the establishment of a de facto trade union monopoly at the sectoral level. In its response, the Government indicates that section 98 of the Labour Code has been amended to remove the responsibility for classifying occupations and industries from the Tripartite Labour Committee and assign it to the Minister of Labour, with the intention of providing greater flexibility for the reclassification of occupations and industries. The Committee firmly recalls its view that the imposition of a trade union monopoly is incompatible with the principle of free and voluntary negotiation established in Article 4 of the Convention. Consequently, and noting in this respect the specific recommendations made by the Committee on Freedom of Association (Case No. 3337, 393rd Report, March 2021, paragraph 559), the Committee urges the Government to take the necessary measures to ensure that more than one trade union can be established in a sector and to permit the effective exercise of the free and voluntary negotiation required by the Convention, and to provide information on any progress in this respect.

Collective bargaining in the public sector. In its previous comments, the Committee requested the Government to provide information on the right to collective bargaining in the public sector, including the relevant constitutional amendments and the draft law on trade unions for public sector employees, and expressed the firm hope that the national legislation would recognize explicitly the right to collective bargaining of workers in the public sector who are not engaged in the administration of the State. The Committee notes the Government’s indication that the Public Service Regulations (No. 9 of 2020) have taken into account in a number of provisions the participation and representation of professional unions in the composition and functions of the Public Service Council (section 6 of the Regulations), as well as the composition of the committees established for the purpose of amending the Public Service Regulations. This regulatory amendment is reportedly intended to ensure their effective participation in the adoption of public policies, plans and programmes for human resources management in the public sector, and in the development of public service legislation and any subsequent amendments. The Government also indicates that the Civil Service Diwan is in regular contact with the professional unions in order to inform them of and involve them in changes to the public service legislation. Finally, the Government indicates that it will establish ministerial committees to examine the professional unions’ demands and proposals. Taking due note of the information provided by the Government and recalling that public servants who are not engaged in the administration of the State must be able to collectively bargain their working and employment conditions beyond mere consultation mechanisms, the Committee trusts that the various measures described will contribute positively to the adoption of legislation or regulations explicitly recognizing the right to collective bargaining in the public sector, and that the Government will soon indicate tangible progress in this regard.

[The Government is asked to reply in full to the present comments in 2022.]

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 24 September 2020 concerning various matters examined by the Committee in its previous comments. The Committee notes that the ITUC also denounces: (i) the arrest and detention of members of the Jordanian Teachers' Association (JTA) between 25 July and 23 August 2020; (ii) the filing of criminal charges against the JTA and its President; and (iii) the closure by the Government of the JTA offices for two years from 25 July 2020, which effectively deprives teachers and education staff of representation. Recalling that teachers are fully covered by the Convention and that the exercise of the rights to organize and to bargain collectively requires that trade union organizations be able to freely carry out their activities to defend the interests of their members, the Committee requests the Government to provide its comments on the ITUC's allegations and to ensure compliance with the Convention in all the sectors covered, including the education sector.

The Committee also notes the report of the Government (not requested) received on 16 September 2020 relating to the various points raised by the Committee in its last observation but not referring to the measures taken against the JTA contained in the observations of the ITUC. The Committee will consider the content of this report as part of the regular cycle. In this regard, the Committee requests the Government to provide any other information relating to the application of the Convention, as well as a copy of the amendments to national legislation referred to in the abovementioned report.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Jordanian Federation of Independent Trade Unions (JFITU) received on 31 August 2017, which refer to general legislative issues and specific cases of anti-union harassment and interference. The Committee requests the Government to provide its comments in this respect.

Articles 1–6 of the Convention. Scope of the Convention. Foreign workers. In its previous comments, the Committee had requested the Government to take the necessary legislative measures to ensure that foreign workers may become founding members and leaders of trade unions and employers’ organizations. The Committee notes the Government’s indication that section 98(e) of the Labour Code specifies that there is no impediment which stops the admittance of migrant workers as founder members if the rest of the conditions are met. The Committee notes, however, that the text of section 98(e) as amended in 2010 provides that the first condition for founding a workers’ or employers’ organization is to be Jordanian. The Committee further notes that the JFITU indicates in its observations that although the law was amended in 2010 to allow foreign workers to join unions, it does not permit them to form unions or to hold union office; thus, in sectors where migrants form the majority of the workforce, the establishment of trade unions and the exercise of the right to collective bargaining is very unlikely. The Committee requests the Government to provide clarification in this respect by indicating how foreign workers can enjoy the protection of the Convention, including the right to engage in collective bargaining through the organization of their own choosing, and to indicate whether consideration is being given to amending this provision. The Committee further requests the Government to indicate how these rights are exercised in practice, by indicating the names of any organizations that represent foreign workers and the number of collective agreements covering them.

Domestic and agricultural workers. In its previous comments, the Committee had raised the issue of coverage of domestic and agricultural workers under the Labour Code. In this regard, the Committee notes the Government’s indication in its reply to the 2014 observations of the International Trade Union Confederation (ITUC) pursuant to which domestic workers, cooks and agricultural workers are covered by the Labour Code as specified in section 3; that no provision in the law prohibits their representation by trade unions and that they are represented by the general trade union for employees in food industries. However, the Committee also notes the Government’s diverging indication in its latest report that there is no impediment to the representation of these workers by trade unions provided the law is amended and the tripartite committee agrees thereto. Finally, the Committee notes the JFITU’s observations indicating that although the Labour Code was amended in 2008 to extend certain rights to domestic and agricultural workers, it remains unclear whether the law permits domestic and agricultural workers to create or join unions. The Committee notes that the 2008 amendment of section 3 of the Labour Code removed the express exclusion of domestic and agricultural workers from the scope of application of the Code, however, the amended section 3(b) indicates that the rules governing the employment conditions of these workers will be determined by a regulation to be adopted at a later stage. The Committee notes in this regard the JFITU’s indication that there appears to be a split in judicial opinion as to whether the Labour Code would apply or only the specific regulation referred to in section 3 would be applicable to the workers concerned. The Committee further notes that pursuant to section 10 of the Labour Code, domestic work, cooking, gardening and similar works are sectors that are open to the recruitment of foreign workers. In view of the above, the Committee notes with regret that despite the removal of the express exclusion of domestic and agricultural workers from the coverage of the Labour Code, the law and regulations still do not clearly guarantee these workers the rights set out in the Convention and that this situation might enhance the existing impediments to the exercise of the rights to organize and bargain collectively by the foreign workers working in those sectors, who already face certain restrictions by virtue of their nationality. Recalling that all workers other than the armed forces, the police and public servants engaged in the administration of the State are covered by the provisions of the Convention, the Committee urges the Government to take the necessary legislative or regulatory measures to ensure that agricultural and domestic workers, cooks, gardeners and similar workers can engage in collective bargaining through the organizations of their own choosing, and to provide information on measures envisaged or adopted in this regard.

Workers aged between 16 and 18 years. In its previous comments, the Committee had noted that section 98(f) of the Labour Code specifies that trade union members must be at least 18 years of age and notes the Government’s indication in this regard that the minimum age of admittance to trade unions of 18 years corresponds to the legal age for employment under Jordanian legislation. The Committee notes, however, that section 73 of the Labour Code prohibits the employment of minors under 16 years of age. The Committee considers that the prohibition of minor workers from trade union membership although they may be employed from the age of 16 would effectively exclude them from the protection of the Convention. The Committee therefore once again requests the Government to take measures to amend section 98(f) so as to ensure that minors who have reached the legal age for employment, whether as workers or trainees, will be fully protected in their exercise of the rights falling within the scope of the Convention. It requests the Government to provide information on measures contemplated or adopted in this respect in its next report.

Workers not included in the 17 recognized sectors. The Committee notes the Government’s reply to the ITUC’s 2014 observations, indicating that pursuant to a 1999 Order, the number of occupations and industries whose workers have the right to establish trade unions is set at 17. The Committee further notes the JFITU’s observations indicating that under section 98 of the Labour Code, trade unions can only be established in government-designated sectors and that the official General Federation of Jordanian Trade Unions (GFJTU) has been unable to register unions outside those sectors. Thus, the workers not included in recognized sectors are not able to engage in collective bargaining through the organizations of their own choosing. The Committee notes with concern that such a system might leave out entire groups of workers from the benefit of the rights guaranteed under the Convention. The Committee requests the Government to indicate in detail which are the 17 recognized sectors in which workers have the right to organize for purposes of collective bargaining and the occupations and industries included in each of them and to provide the relevant legislation, regulations and orders. The Committee further requests the Government to provide statistical information as to the number of workers included in the 17 recognized sectors and the total number of workers in the country.

Article 2. Adequate protection against acts of interference. In its previous comments, the Committee had requested the Government to amend the legislation with a view to strengthening the sanctions against interference as it considered that the fines provided for in section 139 of the Labour Code could not have a sufficiently dissuasive effect. The Committee also notes the 2014 observations of the ITUC and those of the JFITU alleging that the Government subsidizes the GFJTU staff’s wages and some of its activities and that it continues to influence their policies and activities, as well as those of their affiliates. The Committee requests the Government to reply to these allegations. Noting that the Government has not provided any new information with regard to its previous comments in this regard, the Committee once again requests the Government to take measures, in full consultation with the representative organizations of workers and of employers, in order to strengthen the sanctions against interference and to provide information on measures envisaged or adopted in this respect.

Articles 4 and 6. Right to collective bargaining. Trade union monopoly. The Committee notes the JFITU’s observations indicating that not only can trade unions be established in government-designated sectors, but also that there may be only one union per sector; that unions are required to be affiliated to the only officially recognized federation, the GFJTU, and the limitation of one union per sector serves to exclude independent unions from organizing workers in the recognized sectors and representing their interests through collective bargaining. The Committee notes that section 98(d)(1) of the Labour Code indeed gives the Tripartite Committee (defined in section 43 of the Code) the authority to specify groups of occupations in which no more than one general trade union may be established, which seems to allow it to establish a trade union monopoly at the sector level. Recalling that the imposition of trade union monopoly is inconsistent with the principle of free and voluntary collective bargaining established in Article 4 of the Convention, the Committee requests the Government to take the necessary legislative measures, including the review of section 98(d)(1) of the Labour Code, so as to provide for full freedom of association, and to provide information concerning the developments in this regard.

Collective bargaining in the public sector. In its previous comments, the Committee had requested the Government to provide information concerning the right to collective bargaining in the public sector, notably the relevant constitutional amendments and the draft law on trade union work for public sector employees. Noting that it has not received any information in this regard, the Committee once again requests the Government to provide information as to the latest developments in the process of adoption and the text of the draft law on trade union work for public sector employees and, recalling that only public servants engaged in the administration of the State can be excluded from the scope of the Convention, the Committee expresses the firm hope that the national legislation will recognize explicitly the right to collective bargaining in the public sector.

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

The Committee notes the observations made by the International Trade Union Confederation (ITUC) in a communication received on 31 August 2014, which refer in particular to the trade union rights of public employees, domestic workers and agricultural workers.

Articles 1–6 of the Convention. Scope of the Convention. Foreign workers. In its previous comments, the Committee had noted that Law No. 26 of 2010 no longer required Jordanian nationality for membership in trade unions and employers’ associations, but that founding members, and maybe even union leaders, should be Jordanian nationals. The Committee notes the Government’s indication that foreign workers are not prohibited from becoming union leaders, and that employers’ associations and trade unions formulate their own conditions for the election of leaders. The Committee requests the Government to take the necessary legislative measures to ensure that foreign workers may become founding members and leaders of trade unions and employers’ associations.

Domestic and agricultural workers. In its previous comments, the Committee raised the issue of coverage by the Labour Code of domestic and agricultural workers. The Committee notes with satisfaction that the 2008 amendments to the Labour Code extend protection to domestic workers and agricultural workers especially, according to the Government, in matters relating to the provisions of the Convention. The Committee requests the Government to indicate whether cooks and gardeners enjoy, through the 2008 amendment, the guarantees set out in the Convention and whether by-laws on any specific categories of workers, including agricultural and domestic workers, cooks and gardeners, have been issued in accordance with section 3 of Act No. 48 amending the Labour Law.

Minimum age. In its previous comments, the Committee had noted that section 98(f) of the Labour Code specifies that trade union members must be at least 18 years of age. The Committee notes the Government’s indication that the required age was specified in this regard in line with national legislation. The Committee again requests the Government to ensure the right to organize to minors who have reached the legal age for employment, either as workers or trainees, and to provide information on measures envisaged or adopted in this respect.

Article 2. Protection against acts of interference. In its previous comments, the Committee had requested the Government to take measures in full consultation with the most representative organizations of workers and of employers in order to strengthen the sanctions against interference under section 139 of the Labour Code, as it had considered that fines between 50 and 100 Jordanian dinar (JOD) (US$70–140) did not have a dissuasive effect. Noting the Government’s indication that it will consider this matter when amending the legislation, the Committee hopes that the Government will soon take the necessary steps to amend the legislation in this respect.

Articles 4 and 6. Right to collective bargaining. In its previous comments, the Committee had requested the Government to provide information concerning the right to collective bargaining in the public sector. The Committee welcomes the Government’s indication that recent amendments to the Constitution have authorized the right to organize and to collective bargaining in the public sector, and that more than one sector in the civil service has been regulated. The Committee also notes the Government’s indication that a draft law on trade union work for public sector employees has been prepared. The Committee requests the Government to provide the recent constitutional amendments and the draft law on trade union work for public sector employees, and expresses the firm hope that the national legislation will recognize explicitly the right to collective bargaining in the public sector.

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

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 4 August 2011, which refer to matters previously raised by the Committee and matters concerning the trade union rights of teachers and migrant workers, as well as the observations provided by the Government in a communication dated 28 November 2011.

Scope of the Convention. In its previous comments the Committee had referred to the exclusion of migrant workers, domestic workers and certain classes of agricultural workers from the provisions of the Labour Code, and had noted with interest the Government’s statement that it had formulated amendments to the Jordanian Labour Code so as to include migrant workers, domestic workers, and all categories of agricultural workers within the scope of the Labour Code’s provisions, and that the draft amendments had been referred to the Council of Ministers in order to initiate the process of adoption. In this respect, the Committee notes that the Government indicates in its report that amendments to the Labour Code of 1996 were adopted in Law No. 26 of 2010. The Committee further notes the Government’s indication that all workers are now covered by the Labour Code with respect to freedom of association as the amendments authorized non–Jordanian workers to affiliate to trade unions.

In respect of foreign workers, the Committee notes with interest that section 25 of Law No. 26 of 2010 no longer requires Jordanian nationality for membership in trade unions and employers’ associations. However, this section maintains the requirement that founding members should be Jordanian nationals. The Committee concludes that, under this new legislation, the right to organize of foreign workers does not seem fully guaranteed as they are not authorized to participate in the establishment of a trade union or an employers’ association as founding members or maybe even as leaders. The Committee requests the Government to provide clarification in this respect in its next report and, if necessary, to take measures to amend this provision in order to fully guarantee the right of foreign workers to be founding members and leaders of trade unions and employers’ associations.

The Committee also observes that section 3 of the Labour Code which excludes domestic workers and some agricultural workers – many of them being foreigners – from coverage does not seem to have been amended by Law No. 26 of 2010 and that no provisions extending the guarantees of the Convention to domestic workers and agricultural workers could be identified in this law. The Committee notes the Government’s indication, in response to the ITUC comments, that domestic workers, cooks, gardeners and their dependents as well as agriculture workers were included in the scope of application of the Labour Code pursuant to section 3(b) of Act No. 48 of 2008 amending the Labour Code and the Laws Nos 89 and 90 of 2009, as well as that specific instructions were issued to strengthen the protection of the rights of these workers, including foreign workers. The Committee requests the Government to provide clarification in its next report in this regard and to provide the relevant legislation, including the 2008 amendments of the Labour Code.

The Committee further notes that the new section 98(f) of the Labour Code, introduced by Law No. 26 of 2010 specifies that “(f) To apply for membership in a trade union, the applicant shall be at least 18 years of age”. The Committee considers that this provision restricts the trade union rights enshrined in the Convention. The Committee invites the Government to ensure the right to organize to minors, either as workers or trainees, and to provide information on measures contemplated or adopted in this respect in its next report.

Article 2. Protection against acts of interference. The Committee recalls that it had previously requested the Government to take the necessary measures in order to adopt legislative provisions providing for rapid appeal procedures and sufficiently dissuasive sanctions against acts of interference. The Government indicates, in this regard, that this matter has been taken into consideration in the Labour Code’s amendments which include a clear text on prohibiting workers’ and employers’ organizations’ interference by each other directly or indirectly, in their establishment, functioning or administration as well as sufficient dissuasive sanctions.

The Committee takes notes with interest of this information and observes that section 97(c) of the Labour Code as amended by Law No. 11 of 2004 effectively prohibits acts of interference. It further observes, however, that sanctions in cases of infringement are fines between 50 and 100 Jordanian dinar (JOD) (US$70–140) as provided under section 139 of the Labour Code of 1996. The Committee considers that the amount of the fines does not have a dissuasive effect and requests the Government to take measures in full consultation with the most representative organizations of workers and of employers in order to strengthen these sanctions.

Article 6. Right to collective bargaining. Finally taking into account the ITUC comments, the Committee requests the Government to provide information on the legal provisions concerning the right to collective bargaining in the public sector, including in the public service.

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

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 26 August 2009, which refer to matters previously raised by the Committee.

Scope of the Convention. In its previous comments the Committee had referred to the exclusion of migrant workers, domestic workers and certain classes of agricultural worker from the provisions of the Labour Code, and had noted with interest the Government’s statement that it had formulated amendments to the Jordanian Labour Code so as to include migrant workers, domestic workers, and all categories of agricultural workers within the scope of the Labour Code’s provisions, and that the draft amendments had been referred to the Council of Ministers in order to initiate the process of adoption. In this respect, the Committee notes that according to the Government the draft amendments to the Labour Code were still undergoing constitutional procedures for approval, and that pending their adoption the Government had undertaken such measures as increasing the number of labour inspectors in export processing zones and aiding in the establishment of migrant worker trade union committees.

Article 2 of the Convention. Protection against acts of interference. The Committee recalls that it had previously requested the Government to take the necessary measures in order to adopt legislative provisions providing for rapid appeal procedures and sufficiently dissuasive sanctions against acts of interference. The Government indicates, in this regard, that this matter has been taken into consideration in the draft amendments to the Labour Code.

Noting this information, the Committee once again expresses the hope that the amendments to the Labour Code will, upon adoption: (1) ensure the guarantees of the Convention to the categories of worker mentioned above; and (2) make express provision for rapid appeal procedures, together with sufficiently dissuasive sanctions, against all acts of interference by workers’ and employers’ organizations by each other in their establishment, functioning or administration. It requests the Government to provide a copy of the amendments as soon as they are adopted.

 

 

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

The Committee notes the Government’s report. It further notes the comments submitted by the International Trade Union Confederation (ITUC), which principally refer to matters previously raised by the Committee as well as to the situation of migrant workers in export processing zones, who, according to the ITUC, are denied trade union rights and are subject to poor working conditions, threats of deportation and acts of violence. The Committee requests the Government to submit its observations thereon.

1. Scope of the Convention. Previously, the Committee had taken note of the allegations made by the ITUC in 2006 concerning the denial of trade union rights to migrant workers, including in the export processing zones, and had also referred to certain classes of agricultural workers excluded from the provisions of the Labour Code. In this regard, the Committee notes the Government’s statement that the Ministry of Labour has supported the efforts of the General Federation of Jordanian Trade Unions (GFJTU) to reach out to migrant workers by helping to establish migrant workers’ committees in the export processing zones that are associated with GFJTU offices set up in those areas. The Government adds that it has also responded to allegations of poor treatment of migrant workers by, inter alia, increasing the number of labour inspectors and appointing staff to provide them with logistical support, placing complaints boxes in most factories and offices employing migrant workers, and announcing the beginning of hotline services in seven languages to field work-related complaints. As concerns legislative measures, the Government indicates that in consultation with the social partners it has formulated amendments to the Jordanian Labour Code, the purpose of which is to include migrant workers, domestic workers, and all categories of agricultural workers within the scope of the Labour Code’s provisions. The Government further states that the draft amendments have been referred to the Council of Ministers, in order to begin the process of adopting the legislative and constitutional measures for their promulgation. The Committee notes this information with interest. It expresses the hope that the amendments to the Labour Code will, in the near future, ensure the guarantees of the Convention to the categories of workers mentioned and requests the Government to transmit a copy of the amendments to the Labour Code once they are adopted.

2. Article 2 of the Convention. Need to provide for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference. The Committee had previously recalled that, to ensure that measures prohibiting acts of interference receive the necessary publicity and are effective in practice, the relevant legislation should explicitly lay down provisions for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference in order to guarantee the application in practice of Article 2 of the Convention (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 232). Noting that the Government provides no information respecting this matter, the Committee once again requests the Government to take the necessary measures in order to adopt legislative provisions providing for rapid appeal procedures and sufficiently dissuasive sanctions against acts of interference and to keep it informed in this respect.

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

The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) of 10 August 2006, which refer, in part, to legislative issues, and issues relating to the application of the Convention in practice. Moreover, and more specifically, the ICFTU indicates the denial of trade union rights to migrant workers, including in free export zones. In this regard, the Committee notes the Government’s observations which are currently being translated and which will be examined next year during the regular reporting cycle.

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

The Committee takes note of the Government’s report.

1. Scope of the Convention. The Committee had previously requested the Government to consider introducing legislative measures in order to extend the rights and guarantees of the Convention to domestic servants, gardeners, cooks and the like, and agricultural workers. The Committee notes with satisfaction that according to the information provided by the Government in its report, following the amendment of the Labour Code by Law No. 5 of 2002, domestic servants, gardeners, cooks and the like are now covered by the Labour Code. Moreover, as provided by Regulation No. 4 of 2003, agricultural workers in the public sector and at least part of the private sector are also covered by the Labour Code. The Committee requests the Government to specify the categories of agricultural workers employed in the private sector which are not covered by the Labour Code.

2. Article 2 of the Convention. Need to provide for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference While noting that according to the information provided in the Government’s report, the Labour Code was amended and a new paragraph (c) of section 97 prohibits acts of interference by employers’ and workers’ organizations in each other’s affairs, the Committee once again recalls that, to ensure that measures prohibiting acts of interference receive the necessary publicity and are effective in practice, the relevant legislation should explicitly lay down provisions for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference in order to guarantee the application in practice of Article 2 of the Convention (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 232). As the Government does not indicate that the recent amendments to the Labour Code deal with this matter, the Committee requests the Government to take the necessary measures in order to adopt legislative provisions providing for rapid appeal procedures and sufficiently dissuasive sanctions against acts of interference and to keep it informed in this respect.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the Government’s report.

1. In its previous comments, the Committee had requested the Government to amend the legislation to provide expressly for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference, in order to ensure the application in practice of Article 2 of the Convention. The Government states that it has noted the observation and will take it into account when amending the Labour Code.

The Committee hopes that these amendments will be adopted soon and requests the Government to provide it with a copy of these amendments once they are adopted.

2. The Committee had also requested the Government to consider introducing legislative measures in order to extend the rights and guarantees of the Convention to domestic servants, gardeners, cooks and the like, and agricultural workers. The Government states that, while the reasons for excluding some categories of workers still hold (privacy of households; instability and irregularity of agricultural work), a study is currently being undertaken on the possibility of including some categories of agricultural workers.

The Committee takes note of this information, but is bound to reiterate that the Convention does not allow for the exclusion of such categories of workers, and requests the Government once again to consider introducing legislation extending the rights and guarantees of the Convention to all these workers.

3. The Committee requests the Government to inform it in its next report of any progress made in these matters.

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

The Committee notes the Government's report.

The Committee recalls that a distinction must be drawn between, on the one hand, public servants who by their functions are directly employed in the administration of the State who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the Government, by public enterprises or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention.

The Committee requests the Government to indicate in its next report how civil government officials and municipal officials not directly employed in the administration of the State who are not covered by the Labour Code (section 3) can legally benefit from the guarantees provided for in the Convention (protection against anti-union discrimination and acts of interference and right to collective bargaining), and to communicate the text of any legal provisions extending the application of the Convention to those workers.

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

The Committee takes note of the Government's report.

Article 2 of the Convention. 1. The Government's report states that protection of workers' and employers' organizations against any acts of interference by each other or each other's agents or members is implicitly recognized in the legislation. Furthermore, the Government's report indicates that the Minister of Labour issued a circular for the attention of workers' and employers' organizations in which the conformity of the provisions of the Labour Code No. 8 of 1996 with the provisions contained in Article 2 is stressed and the necessity of compliance in order to facilitate and regulate the work of such organizations is reiterated. Nevertheless, the Committee asks the Government to take measures to amend the legislation as to provide expressly for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference to ensure the application in practice of Article 2.

2. The Committee noted in its previous comments that, under section 3 of the Labour Code, domestic servants, gardeners, cooks and the like and agricultural workers are excluded from the application of the Code. The Government's report states that domestic servants, cooks and gardeners have been excluded pursuant to Jordan's legislation, customs and traditions with respect to the privacy of households and on the ground that any interference in their work and their inspection imply violation of family privacy. Regarding agricultural workers, the Government's report points out that they are not included in the provisions of the Labour Code because the agricultural sector represents a minor contribution to the national product and that it is characterized by instability and irregularity since most agricultural projects are seasonal. The Committee recalls that the Convention does not allow for the exclusion of such categories of workers from its scope. Therefore the Committee requests once again the Government to consider introducing legislative measures in order to extend the rights and guarantees of the Convention to domestic servants, gardeners, cooks and the like and agricultural workers.

3. The Committee requests the Government to inform it in its next report of any progress made in these matters.

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

The Committee notes the Government's reports and the Labour Code adopted in 1966.

The Committee notes that under section 3 of the Labour Code, government officials and municipal officials are excluded from the application of the Code. The Committee recalls that a distinction must be drawn between, on the one hand, public servants who by their functions are directly employed in the administration of the State who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the Government, by public enterprises or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention (see Freedom of association and collective bargaining, General Survey, International Labour Conference, 81st Session, 1994, Report III (Part 4B), paragraph 200).

The Committee asks the Government to indicate in its next report how government officials and municipal officials not directly employed in the administration of the State can legally benefit from the guarantees provided for in the Convention, and to communicate any legal provisions extending the application of the Convention to those workers.

On the general level, the Committee also asks the Government to give information on the number of collective agreements concluded or in force, the number of workers and the type of professional sectors covered, and all other relevant information on the application, in practice, of the Convention.

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

The Committee notes the Government's reports and the Labour Code adopted in 1996.

1. The Committee observes that the new Code does not provide for any protection against acts of interference to ensure the application of Article 2 of the Convention. It recalls that it has been commenting on this since 1968. The Committee draws the Government's attention to Article 2, paragraph 1, of the Convention, which provides that "workers' and employers' organizations shall enjoy adequate protection against any acts of interference by each other or each other's agents or members in their establishment, functioning or administration". The Committee is of the view that legislation should make express provision for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference to ensure the application in practice of Article 2 of the Convention.

2. The Committee notes that, under section 3 of the Labour Code, domestic servants, gardeners, cooks and the like are excluded from the application of the Code. The Committee had been commenting, under the previous legislation, on the need to extend the application of the Convention to domestic servants and other workers. The Convention does not allow for the exclusion of such workers from its scope. The Committee therefore requests the Government to consider completing its present legislation by introducing legislative measures in order to extend the application of the Convention to domestic servants, gardeners, cooks and the like.

3. The Committee notes that agricultural workers are also excluded under the same provision (section 3) of the Labour Code, except those who shall be covered pursuant to a decision of the Council of Ministers. The Convention does not allow the exclusion of agricultural workers from its scope. The Committee therefore requests the Government to consider completing its present legislation by introducing legislative measures in order to extend the application of the guarantees provided by the Convention to all agricultural workers. It also asks the Government to send a copy of any decision by the Council of Ministers on the application of the Labour Code to agricultural workers.

The Committee hopes that the Government will take the appropriate measures to bring its legislation into full conformity with the Convention and asks it to indicate in its next report what measures have been taken to that effect.

The Committee is addressing a direct request to the Government on other points.

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

The Committee notes that the Government's report contains no information in reply to its previous comments. It is therefore bound to repeat its previous comments which read as follows:

1. The Committee recalls the need to adopt specific provisions enforceable by sufficiently dissuasive sanctions to ensure the application of Article 2 of the Convention which provides that "workers' and employers' organizations shall enjoy adequate protection against any acts of interference by each other or each others' agents or members in their establishment, functioning or administration", and defines certain specific acts of interference such as "acts which are designed to promote the establishment of workers' organizations under the domination of employers or employers' organizations, or to support workers' organizations by financial or other means, with the object of placing such organizations under the control of employers or employers' organizations". The Committee therefore urges the Government once again to take the necessary steps to bring its legislation into full conformity with the Convention in this respect. 2. With reference to its previous comments on the lack of provisions to ensure that the Convention is applied to domestic servants and agricultural workers who are not employed in government organizations, mechanical equipment establishments or irrigation work, the Committee notes with regret that the draft Labour Code continues to exclude these two categories of workers. The Committee is bound to stress once again the need to grant all agricultural and domestic workers, without exception, protection against acts of anti-union discrimination as well as the right to negotiate their conditions of employment collectively. It asks the Government to take the necessary steps in the very near future to give effect to the Convention and to indicate them in its next report. 3. The Committee asks the Government to supply a copy of the new Labour Code and the texts of any other laws giving effect to the Convention as soon as they have been adopted.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report.

1. The Committee recalls that its previous comments concerned:

- the need to adopt specific provisions enforceable by sufficiently dissuasive sanctions to ensure the application of Article 2 of the Convention in order to ensure that workers' organizations enjoy adequate protection against any acts of interference by employers, and particularly against acts which are designed to promote the establishment of workers' organizations under the domination of employers or employers' organizations, or to support workers' organizations by financial or other means, with the object of placing such organizations under the control of employers or employers' organizations;

- the need to extend the application of the Convention to domestic servants and agricultural workers (other than those working in a government organization, a technical equipment establishment or irrigation work, who are already covered by the Labour Code).

The Committee notes the Government's indication in its report that the draft Labour Code has been submitted to the legislative authority. The Lower House has adopted it with certain amendments and submitted it to the Upper House. The Government adds that the Ministry of Labour will endeavour to ensure that the guarantees provided by the Convention on these two points are inserted into the draft Code and that, if it cannot do so, it will call for the adoption of amendments to the Labour Code after it has been enacted.

The Committee requests the Government to indicate in its next report the measures that have been taken to bring its legislation into full conformity with the Convention.

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

The Committee takes note of the Government's report.

1. The Committee recalls that its previous comments addressed the need to adopt specific provisions enforceable by sufficiently dissuasive sanctions to ensure the application of Article 2 of the Convention. It notes from the Government's report that the draft of the new Labour Code which is to be submitted to the National Council for adoption after the parliamentary elections of November 1993, includes penal sanctions to enforce protection of workers against all acts of interference by employers or their organizations. The Government indicates in particular that section 109 of the draft provides that the administrative body may authorize several of its members at the unions' headquarters or branches to engage in trade union activities and that the procedures and conditions for such authorization shall be set by consultation between the Ministry, the employers and the union confederation.

While noting this information, the Committee draws the Government's attention to Article 2 of the Convention which provides, first in general terms, that "workers' and employers' organizations shall enjoy adequate protection against any acts of interference by each other or each other's agents or members in their establishment, functioning or administration", and goes on to define certain specific acts of interference which "are designed to promote the establishment of workers' organizations under the domination of employers or employers' organizations, or to support workers' organizations by financial or other means, with the object of placing such organizations under the control of employers or employers' organizations".

In the Committee's view, the provisions of section 109 of the draft new Labour Code are insufficient to guarantee the protection laid down in Article 2, in that they provide for the protection only of union representatives who engage in trade union activities. It therefore urges the Government once again to take the necessary steps to bring its legislation into conformity with the Convention.

2. With reference to its previous comments on the lack of provisions to ensure that the Convention is applied to domestic servants and agricultural workers who are not employed in government organizations, mechanical equipment establishments or irrigation work, the Committee notes that the Government states once again in its report that the coverage of such workers is broader in the new Code than in the present Code, since section 2 of the draft includes casual, temporary and seasonal work. It regrets the Government's statement that domestic workers have been excluded from the new Code because such employment is not as a rule stable or permanent, but notes that the Ministry is examining the possibility of issuing special conditions of employment for such workers.

The Committee must stress once again the need to grant all agricultural and domestic workers, without exception, protection against acts of anti-union discrimination as well as the right to negotiate their conditions of employment collectively. It asks the Government to take the necessary steps in the very near future to give effect to the Convention and to indicate them in its next report.

3. The Committee asks the Government to provide a copy of the new Labour Code and the texts of any other laws giving effect to the Convention as soon as they have been adopted.

[The Government is asked to report in detail for the period ending 30 June 1994.]

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

The Committee takes note of the Government's report.

It recalls that, for several years, its comments have addressed the following points:

(1) the absence of specific provisions accompanied by sufficiently effective sanctions to ensure the protection of workers' organisations against any act of interference by employers or their organisations (Article 2 of the Convention);

(2) the absence of provisions ensuring that the Convention is applied to domestic servants and agricultural workers who are not employed in government organisations or institutions for mechanical equipment or in irrigation work.

1. Article 2 (protection of workers' organisations against acts of interference). The Committee observes that, in its report, the Government merely indicates that the draft Labour Code contains a provision guaranteeing the protection of workers and trade union representatives engaged in trade union activities against any arbitrary measure on the part of employers by reason of their activities, in accordance with the observation of the Committee of Experts and in order to fill the void in the law currently in force.

The Committee must again remind the Government that on ratifying the Convention it undertook to adopt specific measures to protect not only workers and their representatives against acts of anti-union discrimination, but also workers' organisations against acts of interference on the part of employers and employers' organisations which are designed to promote the establishment of workers' organisations under the domination of employers or employers' organisations, or to support workers' organisations by financial or other means with the object of placing such organisations under the control of employers or employers' organisations. The Committee therefore again requests the Government to adopt specific measures in the near future to bring its legislation into line with Article 2 of the Convention.

2. Protection of agricultural workers and domestic workers. In this connection, the Committee observes that, in its report, the Government repeats the information that it supplied previously to the effect that the draft Labour Code will apply to all or to a considerable part of agricultural workers. It adds that the proposed Code will not apply to domestic personnel but provides that gardeners and cooks working for private households and similar workers may come under regulations established by the Council of Ministers on the proposal of the Ministry of Labour which will govern their conditions of employment.

The Committee once again stresses the need to grant all agricultural and domestic workers, without exception, protection against acts of anti-union discrimination, as well as the right to negotiate their conditions of employment collectively. It asks the Government to take the necessary measures in the very near future to apply the Convention, and to indicate any progress made in this respect in its next report.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that, for several years, it has been making comments on the following points: 1. the absence of specific provisions accompanied by civil remedies and penal sanctions ensuring the protection of workers' organisations against any act of interference by employers or their organisations (Article 2 of the Convention); 2. the absence of provisions ensuring that the Convention is applied to domestic servants and agricultural workers who are not employed in government organisations or institutions for mechanical equipment or in irrigation work. 1. In the past, the Government has indicated that it was not necessary to adopt specific provisions to apply Article 2 of the Convention, because under section 33 of the Constitution of the Hashemite Kingdom of Jordan, international treaties and agreements become enforceable upon ratification. Furthermore, in its last report it states that it interprets Labour Code No. 21 of 1960, as amended, as prohibiting all interference by employers' organisations in the affairs of workers' unions. The Committee takes note of this specific information, but points out that the legislation currently in force contains no provisions protecting workers' organisations against interference by employers or their organisations. It again urges the Government to adopt a specific statutory provision in this respect at an early date, protecting workers' organisations against acts of interference by an employer, liable to give rise to the establishment of workers' organisations under the domination of the said employer, who would support a workers' organisation by financial or other means with the object of placing such an organisation under his control. The Committee therefore requests the Government to indicate, in its next report, the measures it has taken to bring its legislation into conformity with the Convention. 2. In answer to its previous observation concerning the exclusion of certain agricultural and domestic workers from the protection of the Labour Code and thereby of the Convention, the Committee notes with interest that, according to the Government, the application of the provisions of the Labour Code, hitherto limited to agricultural workers employed in government organisations, technical institutions or in permanent irrigation work, is extended in the draft new Labour Code to agricultural workers whose activities have to do with the driving, installation or repair of agricultural machinery; to administrative, financial and accountancy work in agricultural enterprises; to the manufacture and marketing of agricultural products; and to cattle-, poultry- and horse-breeding, fish-breeding, bee-keeping and other similar work. As regards the exclusion of domestic workers from the scope of the Labour Code, the Committee notes that the draft Code continues to exclude these workers but that, on the recommendation of the responsible Minister, the Council of Ministers will be able to establish regulations concerning their situation, their conditions of work and their rights and obligations. The Committee trusts that the new legislation currently being prepared will grant all agricultural and domestic workers, without exception, protection against acts of anti-union discrimination, as well as the right to negotiate their conditions of employment collectively. It requests the Government to provide information in its next report on any progress made in this respect.

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

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the Government's report. It recalls that, for several years, it has been making comments on the following points:

1. the absence of specific provisions accompanied by civil remedies and penal sanctions ensuring the protection of workers' organisations against any act of interference by employers or their organisations (Article 2 of the Convention);

2. the absence of provisions ensuring that the Convention is applied to domestic servants and agricultural workers who are not employed in government organisations or institutions for mechanical equipment or in irrigation work.

1. In the past, the Government has indicated that it was not necessary to adopt specific provisions to apply Article 2 of the Convention, because under section 33 of the Constitution of the Hashemite Kingdom of Jordan, international treaties and agreements become enforceable upon ratification. Furthermore, in its last report it states that it interprets Labour Code No. 21 of 1960, as amended, as prohibiting all interference by employers' organisations in the affairs of workers' unions.

The Committee takes note of this specific information, but points out that the legislation currently in force contains no provisions protecting workers' organisations against interference by employers or their organisations.

It again urges the Government to adopt a specific statutory provision in this respect at an early date, protecting workers' organisations against acts of interference by an employer, liable to give rise to the establishment of workers' organisations under the domination of the said employer, who would support a workers' organisation by financial or other means with the object of placing such an organisation under his control.

The Committee therefore requests the Government to indicate, in its next report, the measures it has taken to bring its legislation into conformity with the Convention.

2. In answer to its previous observation concerning the exclusion of certain agricultural and domestic workers from the protection of the Labour Code and thereby of the Convention, the Committee notes with interest that, according to the Government, the application of the provisions of the Labour Code, hitherto limited to agricultural workers employed in government organisations, technical institutions or in permanent irrigation work, is extended in the draft new Labour Code to agricultural workers whose activities have to do with the driving, installation or repair of agricultural machinery; to administrative, financial and accountancy work in agricultural enterprises; to the manufacture and marketing of agricultural products; and to cattle-, poultry- and horse-breeding, fish-breeding, bee-keeping and other similar work.

As regards the exclusion of domestic workers from the scope of the Labour Code, the Committee notes that the draft Code continues to exclude these workers but that, on the recommendation of the responsible Minister, the Council of Ministers will be able to establish regulations concerning their situation, their conditions of work and their rights and obligations.

The Committee trusts that the new legislation currently being prepared will grant all agricultural and domestic workers, without exception, protection against acts of anti-union discrimination, as well as the right to negotiate their conditions of employment collectively. It requests the Government to provide information in its next report on any progress made in this respect.