Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Jordania (Ratificación : 1966)

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.