Forced Labour Convention, 1930 (No. 29) - Jordan (Ratification: 1966)

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

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Article 2(a) of the Convention.Compulsory military service. The Committee observes that, in 2020, as part of an effort to curb growing unemployment, Jordan announced the reinstatement of compulsory military service, as established under Article 3 of the 1986 National Service Law, for jobless men aged between 25 and 29. According to the information available on the website of the Ministry of Labour, the new recruits must not be workers or students or participate in social security schemes, not have worked regularly during the year preceding the date at which they are summoned, not be partner or owner of a company, and not be their parents’ only son or the head of the family. Those who do not fall into any one of these categories are officially summoned. The period of military service is 12 months, during which new recruits spend three months in military service, including two weeks of community service, and nine months in preparatory training in the private sector, either on worksites, or receiving dual training, vocational or technical training in addition to on-the-job training.

The Committee recalls that for compulsory military service to not be considered as forced labour under the Convention, work imposed in this context should be strictly limited to work of “a purely military character”. The Committee observes that the work that could be exacted under the new modalities of compulsory military service – in particular in the nine months of the service in which recruits must perform preparatory training or vocational or technical training - goes beyond the exception authorized under Article 2(2)(a) for work imposed under compulsory military service. The Committee therefore requests the Government to take the necessary measures to ensure that, both in law and practice, work imposed on persons under the obligation to perform compulsory military service will be limited to work of a purely military character. In the meantime, the Committee requests the Government to provide information on the basis and the modalities of the reinstatement of compulsory military service, including on the number of persons requested to perform it, the number of those assigned to participate in the preparatory trainings, as well as information on the nature and types of tasks they must perform. Please also provide a copy of the amendments to the National Service Law and any relevant regulations.

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

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Articles 1(1), 2(1) and 25 of the Convention. 1. Vulnerable situation of domestic workers to forced labour. Following its previous comments, the Committee takes note of the Government’s information, in its report, regarding the measures it has continued to take to protect migrant domestic workers from abusive practices and conditions of employment that could amount to forced labour.

(a)New legislation. The Committee takes due note of the adoption of Regulation No. 63 of 2020 governing agencies for the recruitment of non-Jordanian domestic workers, which provides for a number of measures aimed at ensuring better conditions of recruitment for these workers. These include:

• Sections 3(a) and 8(a)(i), allowing the recruitment of non-Jordanian domestic workers only through licensed recruitment agencies that operate in accordance with the provisions of the Regulation, and prohibiting agencies from recruiting workers other than through a licensed entity in a country of origin that has signed agreements or memoranda with the Kingdom of Jordan.
• Sections 8(b)(vii) and 9(e), requiring these recruitment agencies to secure private accommodations for domestic workers and prohibiting agencies and homeowners from charging worker fees or deducting any part of their wages to cover recruitment costs.
• Section 12, empowering the Ministry of Labour (MoL) to inspect the agencies at any time to ascertain and verify the extent of their compliance with the law, and allowing the head of the Directorate of Domestic Workers to take action and issue sanctions against a violating agency, including suspension, and the MoL to impose harsher sanctions, such as fines or permanent closure of the agency’s license if the violation constitutes a serious breach of human rights or of the legislation in force (exploitation or employment of domestic workers as daily labourers, seizing of their wages, physical or sexual assault, mistreatment).

In addition, the MoL has issued instructions for agencies operating the recruitment of non-Jordanian domestic workers pursuant to Regulation No. 63 of 2020, which provide additional protection for non-Jordanian domestic workers through the regulation of their conditions of employment. For example, under section 13, the MoL may refuse to grant or renew a work permit if it is found that the homeowner or whoever resides with the worker has violated any of his or her corporal rights; found to have sexually assaulted him or her; delayed payment of wages; or mistreated him or her in any way. The Committee also notes that Regulation No. 90/2009 regarding domestic workers, cooks, gardeners and similar categories, as amended in 2020, specifically regulates the working conditions of these workers, without distinction of whether or not they are Jordanian, and sets the responsibilities of the homeowners/employers in this regard, as well as the domestic workers’ rights.

(b)Procedure to change employers. The Committee takes note of the Government’s detailed information relating to the procedure to transfer to another employer in case of a complaint for violation of the Labour Act and/or the Regulation on domestic workers, as well as in cases of sexual or physical assault.

In the former case, a procedure is in place which entails the possibility of an amicable settlement or, otherwise, a report against the violating homeowner and a judicial procedure during which he or she is forbidden to recruit or arrange the transfer of a worker to work for him for a period determined by the Minister (section 11(d) of Regulation No. 90/2009). In the latter case, the workers are entitled to leave the employment and claim their rights. If the domestic worker wishes to work for another homeowner, the agency may transfer the worker to another homeowner without the current homeowner’s consent. If the worker refuses to work for another homeowner and wishes to return to the home country, the homeowner will then be denied the right to renew the worker’s work permit; to recruit another domestic worker or to have another domestic worker transferred to him/her for the period determined by the Minister of Labour; or to replace the domestic worker within a 90 day period from the date of the worker’s entry into the country or within a 30 day period from the date on which the homeowner receives the worker. The Government indicates that, in 2021, there occurred 8 153 transfers from one homeowner to another, although the nature of and reasons for these transfers have yet to be classified.

(c) Complaints. The Committee notes the Government’s information and statistics regarding the complaints received by the Directorate of Domestic Workers of the MoL, both in cases directed against homeowners and the recruitment agencies. The Government also refers to the electronic platform “Hemayeh” (“Protection”), launched in Arabic and English in 2020 and being translated into ten different languages, which is being developed to allow complaints to be filed electronically. The form includes questions related to forced labour indicators; if more than one indicator is signalled, the complaint is referred to the Anti-Human Trafficking Unit (AHTU). The Government indicates that, in 2021, four complaints concerning suspected cases of trafficking in persons falling within the remit of the Ministry of Labour were received by the AHTU. In addition, 18 complaints were received in the framework of which action was taken against recruitment agencies (i.e., warning or suspension), and there were 92 complaints relating to the withholding of female domestic workers’ travel documents, all of which were resolved.

The Committee encourages the Government to continue its efforts to protect migrant domestic workers from abusive practices and conditions of work that could in certain cases amount to forced labour. In this regard, it requests the Government to provide information on the application of the new regulations in place, in particular on the number and nature of: (i) inspections and controls conducted of recruitment agencies and households; (ii) violations identified and penalties imposed on both recruitment agencies and employers/homeowners; and (iii) complaints made by domestic workers. The Committee also encourages the Government to compile and classify the nature, reasons and circumstances of the cases leading to a transfer of employers, and to provide more information in this regard. Finally, the Committee requests the Government to provide specific information on cases in which indicators of forced labour have been identified and the cases have been referred to the AHTU, as well as on the penal action initiated as a result.

2. Trafficking in persons. Following its previous comments, the Committee takes note of the various measures adopted by the Government to strengthen the action to combat trafficking in persons for both sexual and labour exploitation. In particular, it notes the following:

• (a) Legislative and institutional framework to combat trafficking in persons. The Committee notes with interest the Government’s information that the Anti-Human Trafficking Act No. 9 of 2009 was amended by Act No. 10 of 2021, which amongst others, increases the penalties under section 9 of the Act; provides that victims receive appropriate assistance and care, including for their rehabilitation and reintegration; provides for the establishment of the Human Trafficking Victims Assistance Fund to grant the requisite assistance to victims and those affected by human trafficking crimes (section 14). Furthermore, under section 17 of the Act, a number of public prosecutors or specialized judges will be designated in each court of first instance to hear cases of human trafficking. The Committee also takes note of the adoption of the National Strategy and Action Plan to Prevent Human Trafficking (2019-2022), which includes several dimensions such as awareness-raising, including among refugees; ensuring the prompt identification of potential victims; providing full and adequate protection and assistance to victims; and broadening the scope of partnership with civil society organizations.
• (b) Identification and protection of victims. The Committee notes that the MoL continues to hold training courses for labour inspectors throughout the country, including a training that enabled twelve labour inspectors to become trainers in dealing with trafficking in persons cases. The labour inspectors who took part in the course for trainers have conducted seven training courses for 75 labour inspectors, covering how to identify victims of trafficking and to refer them to service providers and the competent authorities. In addition, the Committee notes the Government’s indication that a draft National Referral Mechanism and Standard Operating Procedures for dealing with and protecting victims of trafficking (NRM SOPs) has been prepared which lays down a set of indicators for identifying victims and sets out the subsequent procedure for sheltering, protecting and assisting victims.
• (c) Investigations and prosecutions. The Committee takes note of the statistics provided by the Government regarding the number of cases of trafficking in persons: in 2021, there were 35 cases (12 for sexual exploitation, 19 for forced domestic labour, and 4 for forced labour); between 1 January and 30 April 2022, there were 11 cases (4 for sexual exploitation, 6 for forced domestic labour, and 1 for forced labour).

The Committee requests the Government to provide information on the measures taken for the effective implementation of the different dimensions of the National Strategy and Action Plan to Prevent Human Trafficking, as well as on any assessment of the results achieved, the difficulties encountered and the measures taken thereon. The Committee also encourages the Government to further strengthen the capacity of law enforcement bodies to identify and prosecute cases of trafficking in persons, for both labour and sexual exploitation, and to provide information on the cases referred to the public prosecutors or specialized judges and on the penalties applied to the perpetrators. Finally, the Committee requests the Government to indicate the progress made in relation to the adoption of the NRM SOPs and the number of victims of trafficking identified and provided with assistance, either through these procedures or through the Human Trafficking Victims Assistance Fund.

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

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

Articles 1(1) and 2(1) of the Convention. 1. Vulnerable situation of domestic workers. The Committee previously requested the Government to continue providing information on the measures taken, under Regulation No. 90/2009 on Domestic Workers, both in law and in practice, to ensure the protection of migrant domestic workers against practices which amount to forced labour. The Committee also noted that Regulation No. 12 of 2015, regulating private employment agencies, had been enacted, and it contains provisions regulating the work of female migrant domestic workers. According to the Government, the labour inspectors at the Directorate of Workers’ Affairs and Inspection, are in charge of inspecting the offices of recruitment agencies, can suspend the work of the agency, annul the work permit, and initiate legal proceedings against the agency in violation. In case of incoming complaints, or information relating to a violation of workers’ rights, or to an employer’s (homeowner) commitments, the Ministry of Labour may recall each party to amicably resolve the dispute. Both a male and a female labour inspector can undertake the inspection of the accommodation of the worker if the complaint relates to a worker’s accommodation. In case of any violation, the employer shall be given a warning so as to remedy the violation within one week as of the day of its notification. Moreover, a Domestic Workers’ Affairs Committee had been set up in order to resolve any issue related to the employment and recruitment of foreign domestic workers. In case of conflict, it could invite the employer, the domestic worker, as well as the recruitment agency in order to reach appropriate solutions.

The Committee notes the Government’s indication in its report that the migrant domestic workers sector accounts for 51,200 domestic workers. In view of the importance of this sector, a number of regulations have been adopted in this regard. For instance, a few amendments were introduced to Regulation No. 90/2009 on Domestic Workers, including the 2013 amendments that have limited the working hours to eight hours per day. The Government also indicates that any violation of domestic workers’ rights, including cases of forced labour are verified as soon as the domestic worker herself or a representative from the embassy notifies the Ministry of Labour or the Directorate of Domestic Workers. The latter is competent to deal with cases of complaints, including cases relating to passport retention, delay in payment of wages or failure to renew the work permit. In addition, the Government states that a Committee for non-Jordanian Domestic Workers’ Affairs was established pursuant to Regulation No. 90 of 2009 on domestic workers. Membership of this Committee includes representatives of the Ministry of the Interior, the Directorate of Residence and Borders and the Ministry of Labour, and it may invite any other authority that it deems necessary, such as the Ministry of Health, the association of recruitment agencies or embassies concerned, in light of the complaint filed by the domestic worker, employer or agency. According to the Government, 60 complaints were filed in 2016 and the majority of problems were resolved through the Committee for non-Jordanian Domestic Workers’ Affairs.

The Committee observes that the Government refers to a series of measures to protect migrant domestic workers, including: (i) the appointment of a Ministry of Labour delegate on employment in every embassy to resolve the problems faced by domestic workers in the embassy as swiftly as possible; and (ii) the exemption from the payment of fines for a certain number of migrants for overstaying the residence permits because their work permits have not been renewed, in order to facilitate their return to their home country. In addition, the Committee notes that under section 15(D) of Regulation No. 12 of 2015, regulating private employment agencies, if, within 60 days of entering Jordan, a domestic worker refuses to work for their first employer but would like to remain in Jordan to work, they may transfer their contract to a new employer without the consent of the first employer. The new employer would pay the employment agency the recruitment cost for the transferred worker. Moreover, section 16 of Regulation No. 12 provides for the creation of a safe house for migrant domestic workers who have refused or left work.

The Committee further notes the statistical information provided by the Government. It notes that, the Directorate of Domestic Workers withdrew 19 permits from agencies recruiting non-Jordanian domestic workers, closed nine agencies and suspended the work of seven others on account of numerous legal violations. One agency where it was proven that a worker had been physically assaulted was closed immediately. The Committee also observes that the number of complaints received by the Directorate of Domestic Workers amounted to 971 cases with 814 settled cases. The Committee requests the Government to continue to take measures to ensure that migrant domestic workers are fully protected from abusive practices and conditions of employment that could amount to forced labour. The Committee also requests the Government to continue to provide information on the number of complaints filed by migrant domestic workers and the outcome of such complaints. Finally, the Committee requests the Government to indicate the conditions and procedure for changing an employer for migrant domestic workers, including statistical information on the number of transfers that have occurred recently.

2. Trafficking in persons. In its previous comments, the Committee noted that under the Anti-Trafficking Act No. 9 of 2009, an Anti-Human Trafficking Unit (AHTU) was established to develop a national policy to prevent trafficking in persons. In this regard, labour inspectors were appointed, in addition to 20 liaison officers for the AHTU, at different labour directorates.

The Committee notes the Government’s indication that the AHTU was established in January 2013 within the Criminal Investigation Department. It aims to monitor and track trafficking in persons’ cases, apprehend and investigate perpetrators and refer them to the courts. The AHTU includes three services, namely: the labour inspection service; the studies and statistical service; and the investigation service. According to the Government, the AHTU is also involved in awareness raising campaigns about trafficking in persons, as well as in organizing training sessions for government personnel working in this area. The Committee notes the statistical information provided by the Government for 2017. It notes that 228 victims of trafficking benefited from the services of the “Karamah” shelter for victims of trafficking. The Committee further notes the Government’s indication that a draft bill amending the Anti-Trafficking Act was prepared and sent to the Legislation Bureau to carry out the constitutional procedures for its enactment. Most notably, the draft Anti-Human Trafficking Bill aims at: (i) expanding the scope of protection for victims and persons affected by trafficking offences, including by granting them residence and providing adequate means for them to obtain just compensation in reparation for damages sustained and suspension of legal action against them in respect of lesser offences; (ii) providing witness protection for witnesses to trafficking offences; and (iii) establishing an assistance fund for victims of trafficking in persons. Moreover, the Government states that a new national strategy to combat trafficking in persons as well as the standard procedures for the national referral mechanism have been developed and are in the final stages of adoption. According to the Government, during 2017, the AHTU processed 317 cases. Of these, the Public Prosecution Service identified 23 human trafficking cases involving 48 victims, 11 male and 37 female, distributed between ten cases of sexual exploitation; 11 forced labour cases involving domestic workers and one forced labour case involving other workers; and 294 labour cases involving 354 victims, 59 male and 295 female.

The Committee welcomes the various measures adopted by the Government to strengthen the action to combat trafficking in persons for both sexual and labour exploitation. The Committee requests the Government to continue to provide information on the activities of the AHTU, with respect to the identification and protection of trafficking victims. It also requests the Government to provide information on the progress made in the adoption of the new Anti-Trafficking Act as well as the new national strategy to combat trafficking in person, indicating the areas of priority actions, as well as the expected outcomes. Finally, the Committee requests the Government to continue to provide information on the number of investigations and prosecutions initiated in cases of trafficking for both sexual and labour exploitation.

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

Articles 1(1) and 2(1) of the Convention. 1. Vulnerable situation of domestic workers. The Committee previously requested the Government to continue providing information on the measures taken, under Regulation No. 90/2009 on Domestic Workers, both in legislation and in practice, to ensure the protection of migrant domestic workers against practices which amount to forced labour.

The Committee notes the Government’s indication that Regulation No. 12 of 2015, which regulates private employment agencies that recruit non-Jordanian domestic workers, has been enacted. It also contains provisions regulating the work of migrant female domestic workers. The Government also refers to a Labour Ministerial Decision that authorizes female domestic workers to transfer to another employer without the need to obtain the original employer’s consent, if they have completed two years of service.

The Government also indicates that the labour inspectors at the Directorate of Workers’ Affairs and Inspection, who are in charge of inspecting the offices of recruitment agencies, can suspend the work of the agency, annul the work permit, and initiate legal proceedings against the agency in violation. In case of incoming complaints, or information relating to a violation of workers’ rights, or to an employer’s (homeowner) commitments, the Ministry of Labour may recall each party to amicably resolve the dispute. Both a male and a female labour inspector can undertake the inspection of the accommodation of the worker if the complaint relates to a worker’s accommodation. In case of any violation, the employer shall be given a warning so as to remedy the violation within one week as of the day of its notification. The Government further states that a Domestic Workers’ Affairs Committee has been set up in order to resolve any issue related to the employment and recruitment of foreign domestic workers. In such a case it can invite the employer, the domestic worker, as well as the recruitment agency in order to reach appropriate solutions. The Committee further notes the Government’s reference to several provisions of the Labour Law of 2008 which protect foreign workers from illegal employment, such as provisions on: the obligation to have a contract between employer and worker; minimum wage requirement; working time; overtime payment or compensation; and prohibiting the confiscation of identity documents. The Committee takes note of the 2014 annual report of the Inspection Unit at the Domestic Workers’ Directorate which provides detailed statistics on the numbers of incoming complaints (1,412); resolved complaints (1,387); warnings including a suspension of work (90); as well as transactions of the legal transfer of female workers (6,500).

The Committee encourages the Government to pursue its efforts to ensure that migrant domestic workers are fully protected from abusive practices and conditions of employment that could amount to forced labour, and requests it to continue to provide information on the measures taken in this regard. The Committee also requests the Government to provide information on the number of complaints and the specific penalties applied in case of violations of national legislation regulating migrant domestic workers. Finally, the Committee requests the Government to provide a copy of the Labour Ministerial Decision that authorizes female domestic workers to transfer their employment to another employer.

2. Trafficking in persons. The Committee notes that under Anti-Trafficking Act No. 9 of 2009, a Human Trafficking Unit was established to develop a national policy to prevent trafficking in persons. In this regard, the Government indicates that labour inspectors were appointed, in addition to 20 liaison officers for the Human Trafficking Unit at different labour directorates, to enable them to inform the Unit of any violations relating to trafficking in persons. The Committee also notes the statistics provided by the Government in its report. These statistics show that in 2012 (before the Human Trafficking Unit was set up) only eight cases of trafficking in persons were considered to be human trafficking cases, three of which involved female domestic workers, and two involved workers exploited at work. Investigations were conducted in 2014 of the 316 lawsuits, of which 58 cases involved trafficking in persons. Out of these lawsuits, 34 cases involving exploitation (forced labour) of female domestic workers, and nine consisted of the trafficking of workers.

The Committee requests the Government to provide information on the measures taken in practice under the Anti-Trafficking Act of 2009, to prevent, suppress and combat trafficking in persons. The Committee also requests the Government to indicate the measures taken or envisaged with respect to identification and protection of trafficking victims, particularly among migrant domestic workers.

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

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of domestic workers. In its previous comments, the Committee noted the adoption of Regulation No. 90/2009 on domestic workers, cooks, gardeners and similar categories. It noted that, under the above Regulation, certain measures were adopted to provide domestic workers with more protection, including a written contract of employment; hours of work and rest periods, as well as annual paid leave. Regarding the violation of workers’ rights, section 11 provides for the obligation of the householder to correct violations; for the inspection of the accommodation of the worker by labour inspectors; as well as for the possibility to apply sanctions against the householder in the form of fines and/or other measures set forth under the Labour Code.

The Committee noted that, under section 5 of the above Regulation, the worker must refrain from leaving the house without the permission of the householder. The Committee observed in this connection that any restriction of the workers’ freedom of movement may increase the workers vulnerability, which may lead to the imposition of forced labour and to violation of workers’ rights, including the right to file a complaint against the employer. The Committee therefore requested the Government to provide clarification as regards the above provision.

(a) National legislation/legal framework. The Committee notes the Government’s indication that Regulation No. 49/2011 amends section 5 (5(a)) of Regulation No. 90/2009 on domestic workers, so that the worker needs to inform the house owner before leaving or departing from the house, or if one is absent therefrom. The Committee further notes the statistics provided by the Government in its report, according to which the total number of complaints reached 1,875 during the period from 1 January to 31 December 2011. Some 1,809 complaints were resolved and 15 were referred to courts, upon plaintiffs’ request. In 2011, four employment and foreign recruitment officers were closed down as they were found to be in violation of the rights of female workers. Most of the complaints are related to cases of non-respect of the terms of the contract, sickness of the worker or delay/failure to pay wages by the employer.

(b) Labour inspection. To ensure the inspection of households, the Government indicates that five houses were inspected at the end of 2011, and that an inspection plan on houses was formulated, which will be implemented in the second quarter of 2012. An inspection campaign was also launched on employment and recruitment agencies of foreign domestic workers. This inspection campaign included 51 visits to recruitment agencies.

(c) Awareness raising. In order to increase female workers’ awareness, and to ensure that they know how to submit a complaint if they are subject to any violation of their rights, the Government indicates that printed posters were distributed by the Directorate of Workers’ Affairs and Inspection. They include general guidelines in addition to hotline numbers in different languages at all employment agencies of domestic workers. Such guidelines were distributed at crossings, utilities at frontiers and at airports. Moreover, the Directorate of Domestic Workers launched awareness-raising campaigns with the Residence and Frontiers Department, as well as the embassies of their countries of origin through reaching female workers at churches in the various regions in Amman. Such campaigns were launched during the months of June and July of 2011, benefiting 800 female Filipino and Sri Lankan workers.

(d) Other practical measures/preventive measures. The Government indicates that an order by the Minister of Labour was issued, obliging the employer to open a bank account for the female domestic worker, and to submit that document when renewing the work permit or during the legal transfer process of changing a sponsor. Regarding the question of sponsorship, the Directorate of Domestic Workers developed a form for the transfer process of female workers from one sponsor to another. In such a case, the female worker shall be required to appear before the official so that she can be questioned alone to ensure that she is not exposed to any pressure from the agency or the sponsor, on whether the worker in question is getting all her entitlements, and with respect to her consent to working with a new sponsor.

The Committee notes with interest the various measures adopted by the Government. The Committee would be grateful if the Government would continue providing in its next report information on the measures taken, both in legislation and in practice, to ensure the protection of migrant domestic workers against practices which amount to forced labour. Please also supply sample copies of relevant court decisions, indicating the penalties imposed in case of exploitative situations facing migrant domestic workers.

Article 2(2)(c). Prison labour. In its earlier comments made under the present Convention and Convention No. 105, likewise ratified by Jordan, the Committee noted that, pursuant to sections 8(c), 21(a) and 32(c) of Act No. 9 (2004) on reformatory and rehabilitation centres, prisoners have no obligation to work, if they are not sentenced to hard labour and if the work is not carried out for rehabilitation purposes in accordance with the programmes adopted by the High Rehabilitation Committee. In the latter case, prisoners in reformatory and rehabilitation centres perform work of their choice upon request submitted to the authorities and shall enjoy conditions of work similar to those of free workers (section 11(i) of the Instructions concerning the administration of the reformatory and rehabilitation centres, the guarding of inmates and the protection of their rights, 2001).

The Committee noted that, under section 21(a) of Act No. 9 (2004) referred to above, a person sentenced to hard labour may work either inside or outside the centre and may be assigned any task decided upon by the director. It requested the Government to provide information about the organization of such work, both inside and outside the centre.

The Committee notes the Government’s reference to the adoption of the Standard Minimum Rules for the Treatment of Prisoners, which grant educational, training and employment opportunities to prisoners. The Government also indicates that the Department of Reformatory and Rehabilitation Centres established different productive projects through its annual plan in addition to making working prisoners contribute to social security, so as to ensure their future after release. Prisoners working in the rehabilitation centres earn monthly wages, and can continue their work even after release. Moreover, the maximum limit of working hours should not exceed the hours set out in the Labour Code, and prisoners should benefit from a day of weekly rest, time for education and for other activities. The Government also indicates that with respect to section 42 of Act No 9 (2004), no regulation has so far been issued.

The Committee reiterates its hope that the Government will supply in its next report a copy of the Standard Minimum Rules for the Treatment of Prisoners adopted by the Department of Reformatory and Rehabilitation Centres, to which a reference is made in the report, as well as a copy of Regulations made under section 42 of Act No. 9 (2004), as soon as such regulations are adopted.

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

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of domestic workers. The Committee notes the adoption of Regulation No. 90/2009 on domestic workers, cooks, gardeners and similar categories. It notes that, under the above Regulation, a contract of employment between a householder and a domestic worker should be concluded in writing (section 3); the householder must treat the worker with respect, secure any and all decent work requirements, provide medical care and supply all the necessities such as clothing, food, beverages, accommodation, etc. (section 4). Section 6 of the Regulation provides for hours of work and rest periods, as well as annual paid leave. Section 11 deals with complaints regarding the violation of workers’ rights, providing for the obligation of the householder to correct violations, for the inspection of the accommodation of the worker by labour inspectors, as well as for the possibility to apply sanctions against the householder in the form of fines and/or other measures set forth under the Labour Code.

The Committee also notes that, under section 5 of the above Regulation, the worker must refrain from leaving the house without the permission of the householder. The Committee observes in this connection that any restriction of the workers’ freedom of movement may increase the workers vulnerability, which may lead to the imposition of forced labour and to violation of workers’ rights, including the right to file a complaint against the employer. The Committee therefore requests the Government to provide clarification as regards the above provision, as well as information on any measures taken or envisaged in order to strengthen the protection of domestic workers, and particularly migrant domestic workers, from the possible abuses of their rights. Please supply information on any complaints filed to the Ministry of Labour under section 11 of the Regulation referred to above and on the outcomes of such complaints, indicating the cases of the application of fines and other measures taken under the Labour Code. Please also communicate a copy of the instructions to be issued by the Minister of Labour to enforce the provisions, to which reference is made in section 12 of the Regulation.

Article 2(2)(c). Prison labour. In its earlier comments made under the present Convention and Convention No. 105, likewise ratified by Jordan, the Committee noted that, pursuant to sections 8(c), 21(a) and 32(c) of Act No. 9 (2004) on reformatory and rehabilitation centres, prisoners have no obligation to work, if they are not sentenced to hard labour and if the work is not carried out for rehabilitation purposes in accordance with the programmes adopted by the High Rehabilitation Committee. In the latter case, prisoners in reformatory and rehabilitation centres perform work of their choice upon request submitted to the authorities and shall enjoy conditions of work similar to those of free workers (section 11(i) of the Instructions concerning the administration of the reformatory and rehabilitation centres, the guarding of inmates and the protection of their rights, 2001).

The Committee noted that, under section 21(a) of Act No. 9 referred to above, a person sentenced to hard labour may work either inside or outside the centre and may be assigned any task decided upon by the director. It requested the Government to provide information about the organization of such work, both inside and outside the centre.

The Government indicates in its latest report that the penalty of hard labour has not been applied in practice and that a sentence of hard labour is served as a sentence of imprisonment. While having duly noted these indications, as well as the Government’s earlier indication that there is no link between private individuals, companies or associations and the work of prisoners in the rehabilitation centres, the Committee hopes that the Government will provide information about the application in practice of section 21(a) of Act No. 9 (2004), regarding the work of prisoners sentenced to hard labour, as soon as such information becomes available. Please also supply a copy of the Minimum Rules for the Treatment of Prisoners adopted by the Department of Reformatory and Rehabilitation Centres, to which a reference is made in the report, as well as a copy of Regulations made under section 42 of Act No. 9 (2004), as soon as such regulations are adopted.

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

Article 2(2)(c) of the Convention. Prison labour. The Committee previously noted that, under section 21(a) of Act No. 9 of 2004, a person sentenced to hard labour may work either inside or outside the centre and may be assigned any task decided upon by the director. It has also noted that, under section 8(c) of the Act, inmates who have not been sentenced to hard labour shall not be assigned any task and may perform labour only for rehabilitation purposes. Under section 11(i) of the Instructions concerning the Administration of the Reformatory and Rehabilitation Centres, the guarding of inmates and the protection of their rights of 2001, supplied by the Government with its report, inmates performing labour for rehabilitation purposes shall enjoy conditions of work similar to those of free workers and shall receive remuneration. The Committee previously noted the Government’s indications in the report that there is no link between private individuals, companies or associations and the work of prisoners in the rehabilitation centres, and that article 13 of the Constitution prohibits that convicted persons are hired to or placed at the disposal of any persons, companies, societies or public bodies.

While having duly noted this information, the Committee would appreciate it if the Government would provide information about the organization of work of prisoners sentenced to hard labour, under section 21(a) of Act No. 9 of 2004, both inside and outside the centre, as well as any information on the activities of the High Rehabilitation Committee (sections 31 and 32 of Act No. 9 of 2004) as regards the organization of such work, including copies of relevant reports and policy documents. Please also supply a copy of regulations made under section 42 of Act No. 9 of 2004, as soon as such regulations are adopted.

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

Article 2(2)(c) of the Convention. Prison labour. For a number of years, the Committee has been referring to Prison Regulations No. 1 of 1955 issued under the Prison Act of 1953, which provided that prisoners might carry out work for an officer or members of the army by authorization of the Minister of Defence (section 8(e)). The Committee notes with satisfaction that the Government confirms that all prison regulations issued under the Prison Act No. 23 of 1953, which has been repealed by Act No. 9 of 2004 on Reformatory and Rehabilitation Centres, have become null and void.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 2(2)(c) of the Convention. Prison labour. The Committee notes with interest the adoption of Act No. 9 or 2004 on Reformatory and Rehabilitation Centres, which has repealed the Prison Act No. 23 of 1953, as amended (section 44). It requests the Government to indicate, in its next report, whether Prison Regulations No. 1 of 1955, issued under the Prison Act of 1953, which provided that prisoners might carry out work for an officer or member of the army by authorization of the Minister of Defence (section 8(e)), have also been formally repealed and, if so, to supply a copy of the repealing text. Please also supply a copy of Regulations adopted under section 42 of Act No. 9 of 2004.

The Committee notes that, under section 21(a) of Act No. 9 of 2004, a person sentenced to hard labour may work either inside or outside the centre and may be assigned any task decided upon by the director. It also notes the Government’s indications in the report that there is no link between private individuals, companies or associations and the work of prisoners in the rehabilitation centres. While noting these indications, the Committee would appreciate it if the Government would provide information about the organization or prisoners’ work both inside and outside the centre, as well as any information on the activities of the High Rehabilitation Committee (sections 31 and 32 of Act No. 9 of 2004) as regards the organization of such work, including copies of relevant reports and policy documents.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee has noted the Government’s reply to its earlier comments.

Article 2(2)(c) of the Convention. Prison labour. The Committee notes with interest the adoption of Act No. 9 or 2004 on Reformatory and Rehabilitation Centres, which has repealed the Prison Act No. 23 of 1953, as amended (section 44). It requests the Government to indicate, in its next report, whether Prison Regulations No. 1 of 1955, issued under the Prison Act of 1953, which provided that prisoners might carry out work for an officer or member of the army by authorization of the Minister of Defence (section 8(e)), have also been formally repealed and, if so, to supply a copy of the repealing text. Please also supply a copy of Regulations adopted under section 42 of Act No. 9 of 2004.

The Committee notes that, under section 21(a) of Act No. 9 of 2004, a person sentenced to hard labour may work either inside or outside the centre and may be assigned any task decided upon by the director. It also notes the Government’s indications in the report that there is no link between private individuals, companies or associations and the work of prisoners in the rehabilitation centres. While noting these indications, the Committee would appreciate it if the Government would provide information about the organization or prisoners’ work both inside and outside the centre, as well as any information on the activities of the High Rehabilitation Committee (sections 31 and 32 of Act No. 9 of 2004) as regards the organization of such work, including copies of relevant reports and policy documents.

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

The Committee notes the information provided by the Government in reply to its earlier comments.

Article 2(2)(c) of the Convention. The Committee previously noted that section 8(e) of the Prison Regulations (No. 1 of 1955) issued under the Prison Act of 1953 provided that prisoners might carry out work for an officer or members of the army by authorization of the Minister of Defence. It also noted the Government’s statement that the abovementioned provision of the Prison Regulations was no longer applied in practice.

The Committee notes with interest the adoption of the Provisional Law (No. 40 of 2001) on reformatory and rehabilitation centres, which has repealed the Prison Act of 1953, as amended (section 44). It requests the Government to indicate, in its next report, whether the above Prison Regulations (No. 1 of 1955) have been also repealed and, if so, to supply a copy of the repealing text.

The Committee also notes that, under section 21(a) of the Provisional Law (No. 40 of 2001), a person sentenced to hard labour may work either inside or outside the centre and may be assigned any task decided upon by the director. It requests the Government to state, in its next report, whether guarantees are provided to ensure that such persons are not hired to or placed at the disposal of private individuals, companies or associations.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1(1) and Article 2(1) and (2) of the Convention. In its previous comments, the Committee had observed that section 8(e) of the Prison Regulations (No. 1 of 1955) issued under the Prison Act provides that prisoners may carry out work for an officer or members of the army, by authorization of the Minister of Defence and that such provision is not in conformity with Article 2, paragraph 2(c). The Committee had already noted the statement that the performance of particular jobs by prisoners in the service of army officers and soldiers is not applied in practice and that no approval to that effect has been issued. The Committee notes that the draft law concerning correction and rehabilitation centres is now at the stage of adoption and that a copy will be provided as soon as it is promulgated. The Committee hopes that the text will be adopted in the near future and that it will take account of the provisions of the Convention so as to bring the legislation into conformity with the Convention on that matter.

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

The Committee notes the information provided by the Government in its reports received in April and August 1996.

1. Article 2, paragraph 2(c), of the Convention. In its earlier comments the Committee observed that section 8(e) of the Prison Regulations (No. 1 of 1955) issued under the Prison Act provides that prisoners may carry out work for an officer or members of the Arab army after obtaining the authorization of the Minister of Defence or his deputy, which is not in conformity with this provision of the Convention, under which prisoners must not be hired to or placed at the disposal of private individuals, companies or associations.

In its report received in April 1996, the Government reiterates its previous statement to the effect that the above-mentioned provision of the Prison Regulations is no longer applied in practice. It indicates that a bill on the reformatory and rehabilitation centres, which, according to previous reports, is intended to replace the Prison Regulations, is still under preparation. The Committee therefore reiterates its request to the Government to provide a copy of the new text as soon as it is adopted and once again expresses the hope that it will take account of the provisions of the Convention and will ensure that prisoners are not assigned to work in the service of private individuals.

2. The Committee notes the information provided by the Government concerning the provisions governing the conditions for resignation of members of the armed forces and the conditions of service of civil servants.

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

The Committee notes the information supplied by the Government in its report.

1. Article 2, paragraph 2(c), of the Convention. In earlier comments the Committee has pointed out that section 8(e) of the Prison Regulations (No. 1 of 1955) issued under the Prisons Act, provides that prisoners may carry out work for an officer or members of the Arab Army after obtaining the authorization of the Minister of Defence or his deputy, provided that their wages are paid to the prisoners' administration for the promotion of craft occupations and the improvement of the prisoners' situation. The Committee drew the Government's attention to Article 2, paragraph 2(c), of the Convention under which prisoners must not be hired to or placed at the disposal of private individuals, companies or associations and asked the Government to indicate the measures taken to ensure that prisoners are not assigned to work in the service of private individuals, such as officers or members of the Arab Army, without having freely consented in advance, and that they enjoy the conditions and guarantees which are those of freely accepted employment.

The Committee notes from the Government's report that section 8(e) of the above Regulations is no longer applied in practice and that under the present instructions prisoners may not work for individuals but only in their own interests and for the purpose of training. It adds that a law to replace the Prison Regulations was adopted in 1990 and is still being discussed by the Legislation Office with a view to completing the constitutional procedures for its promulgation.

The Committee asks the Government to provide a copy of the present instructions and of the law as soon as it has been promulgated. It hopes that the new texts take account of the provisions of the Convention.

2. In its previous comments the Committee referred to the provisions governing the service of members of the armed forces and conditions for resignation. It noted that studying and training contracts specify that the beneficiary must undertake to serve for a period of at least four times the length of the study or training period. During that time, the persons concerned may resign if they repay the costs and financial benefits; certain texts require repayment in a lump sum. The Committee asked the Government to provide information on the practical application of these provisions.

The Committee notes the Government's reference in its report to sections 118(a) (4) and 120(b) of the Regulations (No. 1 of 1988) issuing the conditions of service of the public service under which the period of compulsory service is equal to or twice as long as the training received. Since the Government has already supplied a copy of the texts that apply specifically to the armed forces, the Committee hopes that, in its future reports, it will be able to provide information on the practical effect given to these provisions.

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

1. Freedom to leave the service of the State. Further to its comments on regulations 151 and 152 of the Civil Service Regulations, the Committee takes note of the information supplied by the Government.

2. The Committee notes a number of texts provided by the Government in reply to its requests, governing the length of service of members of the armed forces and the conditions for resignation.

It notes that the contracts for studying and training, of which the Government sent a copy, specify that the beneficiary must undertake to serve for a period of at least four times the length of the study or training period. During that time, the persons concerned may resign if they repay the costs and financial benefits; certain texts require repayment in a lump sum.

The Committee asks the Government to provide information on the practical application of these provisions.

3. In its earlier comments, the Committee has pointed out that section 8(e) of the Prison Regulations, No. 1 of 1955, issued under the Prisons Act, No. 33 of 1953, provides that prisoners may carry out work for an officer or members of the Arab Army after obtaining the authorization of the Minister of Defence or his deputy, provided that their wages are paid to the prisoners' administration for the promotion of craftsmanship and the improvement of the prisoners' situation. The Committee drew the Government's attention to Article 2, paragraph 2(c), of the Convention, under which prisoners must not be hired to or placed at the disposal of private individuals, companies or associations and asked the Government to indicate the measures taken to ensure that prisoners are not assigned to work in the service of private individuals, such as officers or members of the Arab Army, without having freely consented in advance, and that they enjoy the conditions and guarantees which are those of freely accepted employment.

The Committee noted certain particulars provided by the Government, but pointed out that they did not answer the question raised by section 8(e) of the Prison Regulations referred to above. The Government did not address this matter in its 1991 report. Consequently, the Committee again asks the Government to state the measures taken to ensure compliance with the above-mentioned requirements of the Convention.

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

The Committee notes the Government's report.

1. In its earlier comments, the Committee has pointed out that section 8(e) of the Prison Regulations, No. 1 of 1955, adopted under the Prisons Act, No. 23 of 1953, provides that prisoners may carry out work for an officer or members of the Arab Army after obtaining the authorisation of the Minister of Defence or his deputy, provided that their wages are paid to the prisoners' administration for the promotion of craftsmanship and the improvement of the prisoners' situation. The Committee has called the attention of the Government to Article 2, paragraph 2(c), of the Convention, under which prisoners must not be hired to or placed at the disposal of private individuals, companies or associations and has asked the Government to indicate the measures taken to ensure that prisoners are not assigned to work in the service of private individuals, such as officers or members of the Arab Army, without having freely consented in advance, and that they enjoy the conditions and guarantees which are those of freely accepted employment.

The Committee notes the information provided by the Government and specifically that provided by the Ministries of Interior and Justice. This information does not, however, address the question arising from section 8(e) of the Prison Regulations, discussed above. Accordingly, the Committee must ask the Government again to indicate the measures taken to ensure compliance with the above-mentioned requirements of the Convention.

2. Freedom to leave the service of the State. The Committee notes that Regulation No. 1 of 1988 Civil Service Regulations, came into effect on 1 January 1988, and that section 169(a) and (b) repeals Regulation No. 23 of 1966 and Regulation No. 40 of 1982, respectively. Section 151 and 152 govern the resignation of civil servants. According to these sections, the civil servant must present his resignation in writing to the public authority vested with the authority to nominate him to his position. If the resignation is accepted, the civil servant is free to leave the service. If the resignation is not accepted either by explicit refusal or because a decision of acceptance is not given in writing within 30 days from the date of presentation to the authority, the civil servant is not free to leave his post and must, according to section 151(b) continue to carry out his duties. If the civil servant does not continue to carry out his duties and is absent from his post for a period of 10 consecutive days, the civil servant is deemed to have abandoned his post. The conclusion of "abandonment" is made by the appointing authority and is to be published in the local newspaper. The civil servant who has been deemed to have abandoned his post is penalised by being ineligible to be named anew to the public service for a period of two years from the abandonment determination. The civil servant determined to have abandoned his job may appeal from the decision within 10 days following the date he was informed by publication of the decision.

The Committee asks the Government to indicate whether the abandonment determination and two year ban from further public service are the only penalties to which a civil servant who leaves his post without approved resignation is liable.

3. The Committee notes the Government's indication that it has asked the Ministry of Defence to furnish, in accordance with the Committee's prior requests, a copy of the laws and regulations governing the length of service of members of the armed forces and the conditions in which they may resign. The Committee looks forward to the Government's sending this information.