Texts of pending comments

Reforms affecting the labour inspection system. Legislation. The Committee notes the Government’s statement in its report regarding the necessity to amend occupational safety and health (OSH) regulations, particularly in light of continuous industrial developments and changes in the labour market. The Government indicates in this regard that the Ministry of Labour is in the process of formulating and adopting OSH regulations and instructions. According to information from the ILO Decent Work Team for Arab States, other amendment processes are also ongoing. In addition, the Committee notes that, as envisaged under the Decent Work Country Programme 2018–22 for Jordan (DWCP 2018–22), the Government is receiving technical assistance from the Office, to move from a typical enforcement model to a strategic compliance model that is proactive and evidence-based. The Committee requests the Government to provide further detailed information on the progress and impact of any reforms affecting the functioning of the labour inspection system, including on any piece of legislation adopted in this context. The Committee also requests the Government to provide up-to-date information on the legislative framework governing the functioning of the labour inspectorate and the powers of labour inspectors, and to provide a copy of the applicable legislation once reforms have been completed.

Articles 7, 10 and 11 of the Convention. Training for labour inspectors and human and material resources of the labour inspectorate. The Committee previously requested information on the training provided to labour inspectors. In this regard, the Committee notes the Government’s indication that measures taken to encourage labour inspection include aligning the skills of labour inspectors with the realities of the labour market, and holding local and regional training courses. In this respect, the Committee notes that, in 2020, 107 labour inspectors underwent training sessions conducted by Better Work Jordan on a range of topics. In addition, the Committee notes that a number of labour inspectors underwent training on the ILO approach to strategic compliance model planning in 2018. In response to the Committee’s comments on the material resources and transport facilities available to inspectors, the Government also indicates that an online inspection system has been set up, and that every inspector has an office with computer access, as well as means of transportation to the inspection sites. The Committee observes that, according to the DWCP 2018–22 for Jordan, the overall number of labour and OSH inspectors decreased from 256 in 2016 to just over 200 in 2018. The Government, for its part, indicates that in 2017 the overall number of labour and OSH inspectors was 199, and states that the key to enhancing inspection is through significantly increasing the number of inspectors. The Committee encourages the Government to pursue its efforts towards strategic planning and ensuring that the labour inspectorate has the human resources necessary for the effective performance of its duties. It requests the Government to provide information on the specific measures taken for the recruitment of new labour inspectors, and to continue to provide detailed information on the material resources provided to labour inspectors.

Articles 20 and 21. Annual labour inspection reports. The Committee notes that the annual report on the activities of the labour inspectorate has not been communicated. The Committee encourages the Government to take the necessary measures to ensure that annual labour inspection reports are published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

Articles 1 and 2 of the Convention. Supervision of working conditions and protection of workers in special economic zones (SEZs). The Committee previously noted that various deficits had been identified in a joint migration and labour inspection audit of the Aqaba Special Economic Zone Authority (ASEZA), and that technical assistance was being implemented in Jordan to improve coordination between labour inspectors inside and outside of the Aqaba SEZ. In the absence of up-to-date information from the Government on this issue, the Committee once again requests the Government to provide detailed information on labour inspection activities undertaken in the SEZs. It requests the Government to include information on the relationship between the ASEZA and the Ministry of Labour, as well as on the number of inspectors assigned to the SEZs, the number of inspections carried out, the number and nature of violations detected, and the sanctions imposed for all such violations.

Article 3(1)(a) and (2). Duties entrusted to labour inspectors in relation to conciliation and the enforcement of immigration law. Following its previous comments on the enforcement of immigration law by labour inspectors, the Committee notes that, according to 2019 statistics provided in the Government’s report regarding inspections, 6,989 decisions of repatriation were issued against migrant workers, and in 1,331 cases, the repatriation of a worker was cancelled by paying a fine. The Committee further notes that the inspectorate detected 3,407 infringements related to section 12 of the Labour Code, addressed to work permits for non-Jordanian workers. The 2019 statistics indicate 250 employer infractions for child labour; there is no data on employer infractions of wage provisions. In addition, the Committee notes the Government’s indication that the functions of labour inspectors include conciliation and settlement in the case of labour disputes.

The Committee recalls that, as indicated in its 2006 General Survey, Labour inspection, paragraph 78, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. It also recalls that, pursuant to Article 3(2) of the Convention, any further duties entrusted to labour inspectors, including enforcement of immigration law and conciliation of labour disputes, shall not be such as to interfere with the effective discharge of labour inspectors’ primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee urges the Government to take the necessary measures to ensure that any additional duties entrusted to labour inspectors do not interfere with the effective discharge of their primary duties. Furthermore, in the absence of such information, the Committee once again requests the Government to indicate the actions undertaken by the labour inspectorate in the enforcement of employers’ obligations towards migrant workers, such as the payment of wages and other benefits, including for workers in an irregular situation and workers liable to deportation or who have already been deported.

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

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.]

Articles 1 and 2 of the Convention. Formulation and implementation of an active employment policy. The Committee previously requested information on the formulation and implementation of active labour market measures taken under the National Employment Strategy (NES) 2011–20, in consultation with the social partners, as well as on the manner in which employment policy measures are kept under review within the framework of an overall coordinated economic and social policy. The Committee notes that the NES was updated in 2017, in the course of which all factors affecting the labour market, including the Syrian refugee crisis, were examined. The Committee further notes the initial updated form of the NES included a set of measures that regulate migrant workers in all sectors. Moreover, the Ministry of Labour updated its own strategic plan during the reporting period, in consultation with all partners, to arrive at an institutional strategy and employment policies aligned with the Royal Guidelines and governmental guidance. The Committee notes that employment creation is included as a priority of the Decent Work Country Programme (DWCP) 2018–22 for Jordan. The DWCP envisages, among other activities, the implementation of active labour market programmes in collaboration with institutions and social partners, to improve access for jobseekers to the labour market. Noting the expiry of the NES 2011–20, the Committee requests the Government to provide updated information on the results achieved, challenges encountered and lessons learned from its implementation. It further requests the Government to provide a copy of the updated NES and to indicate the manner in which it ensures that the development, implementation, monitoring and review of the updated NES is carried out in consultation with all stakeholders. The Committee further requests the Government to provide information on the nature and impact of the active labour market measures taken in pursuance of the NES, as well as in the context of the DWCP 2018–22.

Impact of COVID-19. The Committee notes that, according to data from the World Bank, the COVID-19 crisis has exacerbated employment challenges, including low labour force participation and high unemployment, particularly among the youth and women. The Committee observes from World Bank data that the employment rate in Jordan stood at 26.3 per cent in the second quarter of 2020, while the unemployment rate stood at 23 per cent in the same quarter. In comparison, according to the ILOSTAT database, the unemployment rate in 2019 stood at 16.8 per cent. The Committee also notes from information published by the World Bank that Jordan’s real GDP growth slowed down to 1.3 per cent in the first quarter of 2020, compared to 2.0 per cent in the same quarter in 2019, and that the economy was projected to contract further by 5.5 per cent during the year. The Committee requests the Government to provide information on the impact of the COVID-19 pandemic on the labour market and the active labour market measures taken, including statistical data disaggregated by sex, age, and economic sector, and on measures taken or envisaged to address the challenges encountered. The Committee also requests the Government to provide information on the lessons learned from the crisis, including on measures taken to promote inclusive employment and decent work for the purposes of prevention, recovery, peace and resilience with respect to crisis situations.

Article 2. Collection and use of labour market information. Employment trends. In its last comments, the Committee requested information on measures taken to improve the national labour market information system, and the manner in which collected data is used in designing, implementing and reviewing employment policy measures. In its response, the Government indicates that the Ministry of Labour relies on several data sources, both national (such as the Department of Statistics and the National Centre for Human Resources Development, which conducts sectoral studies) and data sources provided by international bodies such as the ILO. The Ministry of Labour relies on this data in the design and development of programmes and projects. The Government further indicates that the Labour Market Data Section of the Ministry of Labour engages in data analysis and prepares reports for decision-makers, with recommendations for the design and development of future programmes. The Government also refers to the development of a system to follow-up on and evaluate programmes and projects, which includes the elaboration of studies aiming to assess the impact of projects implemented by the Ministry. The information derived from these studies enables evidence-based decision-making. The Committee requests the Government to continue to provide detailed updated information on the measures taken to improve its labour market information system, and to provide further information on its system to follow-up and evaluate active labour market programmes and projects, including its impact on the design, implementation and review of employment policy measures. Noting the 2018 data provided by the Government on time-related underemployment disaggregated by sex, the Committee further requests the Government to provide complete and updated statistics on the levels and trends of employment, unemployment and underemployment in the country, disaggregated by age and sex.

Education and training. In its previous comments, the Committee requested information concerning the results achieved through implementation of the Jordan National Employment-Technical and Vocational Education and Training (E-TVET) system, its impact on specific groups of workers, and the manner in which the social partners and other concerned stakeholders are consulted with respect to the development, implementation and coordination of education and training. The Committee notes that, in response to its previous comment on the issue of consultation with social partners, the Government refers to the adoption of Law No. 9 of 2019 on the development of vocational and technical skills. Pursuant to section 4 of this Law, the functions of a newly established body, the Vocational and Technical Skills Development Council, include the adoption of the Ministry’s strategies, policies and plans to develop the sector of education and vocational and technical training, and the proposal of draft laws and regulations pertaining to this sector. The Committee observes that the Council’s membership includes representatives from various Ministries and from the private sector in different branches of activity, such as health, commerce, construction and tourism. It is, however, not clear from the report of the Government whether this body is tripartite. The Committee recalls that Article 3 of the Convention requires consultation with the representatives of the persons affected by the measures to be taken and, in particular, representatives of employers and workers. The Committee further notes that the National Employment–Technical and Vocational Education and Training (E–TVET) Strategy expired in 2020. The Committee requests the Government to provide information on the results achieved through the implementation of the E-TVET Strategy, the challenges encountered, the lessons learned and on any plans to renew the strategy. Noting the multiple training initiatives undertaken by the Government over the reporting period, the Committee also requests the Government to continue to provide information on the impact of the education and vocational trainings provided on labour market participation and the implementation of the national employment policy. In addition, the Committee requests the Government to provide further information on the role of the social partners in the consultation process of the Vocational and Technical Skills Development Council in practice.

Specific groups of workers. In its previous comments, the Committee requested the Government to provide information on the results achieved through implementation of the E-TVET, on specific groups, including women, young persons, persons with disabilities, older workers, former inmates and refugees.

1. Women. The Committee notes that, in its concluding observations of 9 March 2017, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) had expressed concern at employment issues faced by women, including high unemployment rates, difficulties in accessing the formal labour markets concentration in low-paid jobs, and persistent gender wage gaps (see CEDAW/C/JOR/CO/6, paragraph 43). In this respect, the Committee notes the Government’s reference to the Production Branch Plant initiative, which extends investments from developing areas to areas where there are pockets of poverty. The initiative provides employment opportunities to unemployed women in areas of high poverty by entering into contracts with investors to set up production branch plants, with support from the Government. The Committee also notes the information provided by the Government on the training of young women in coordination and cooperation with a range of stakeholders. The Government indicates that the training programmes offered focus on activities such as sewing, embroidery, handicrafts and sales, as well as plumbing and maintenance of electrical appliances. The Committee observes, however, that according to data from a 2020 World Bank report, women continue to experience lower labour force participation rates and higher unemployment rates than men, with the unemployment rate of women with bachelor degrees or above standing at 32 per cent in 2019.

2. Youth. The Committee observes from the World Bank report that the unemployment rate of young persons of 15 to 24 years of age reached 40.6 per cent in 2019. In comparison, the ILOSTAT database estimates that the youth unemployment rate stood at 37.3 per cent in the same year, with young women experiencing an unemployment rate of 49.4 per cent, which is more than 10 per cent higher than young men (34.8 per cent). In addition, the ILOSTAT database indicates that the share of the youth not in employment, education or training was of 36 per cent in 2019, with a considerably higher rate for young women (43.8 per cent) than for young men (29.3 per cent). The Committee notes in this context the adoption of the National Youth Strategy 2019–25, which covers, as part of its mission, the promotion of work for youth, as well as projects to encourage entrepreneurship and to support business incubators.

3. Persons with disabilities and refugees. The Committee notes the information provided by the Government in relation to measures to promote the employment of Jordanians and facilitate the participation of refugees in the Jordanian labour market. In addition, the Government refers to measures taken to promote the employment of persons with disabilities, including provision of training, amending the Guide to Employment of Persons with Disabilities, and conducting inspections to monitor the application of Article 13 of the Labour Code on the employment of persons with disabilities.

With regard to women’s access to employment, including in the public service, in occupations traditionally carried out by men and in occupations offering career prospects, the Committee refers the Government to its comments adopted in 2020 under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee also requests the Government to provide further information on measures taken, including in the context of the National Youth Strategy and in response to the COVID-19 crisis, to promote the employment of specific groups of workers, including women and young people, but also rural workers, persons with disabilities, older workers, former inmates, and refugees. The Committee requests the Government to include statistics on the employment rates of these groups of workers disaggregated by sex and age.

Article 3. Consultation with the social partners. The Committee notes that one of the outcomes envisaged under Priority III of the DWCP 2018–22 for Jordan is enhancing the contribution of the social partners to relevant tripartite bodies, such as the Jordan National Employment-Technical and Vocational Education and Training Council and the various skills bodies in different sectors. The Committee requests the Government to provide information on the nature of the measures taken and the results achieved, in the context of the DWCP 2018–22, to improve social partners’ contribution in the activities of the abovementioned bodies. The Committee also requests the Government to provide information on the consultations undertaken in the development, implementation and review of the new employment policy and its measures, in coordination with other economic and social policies. In the absence of up-to-date information on this issue, the Committee once again requests the Government to provide information on the activities of the “tripartite committee” in respect of these policies.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2 of the Convention. Facilities for workers’ representatives. In its previous comments, the Committee had noted that the only facility granted by law to workers’ representatives was paid leave of 14 days to attend courses and requested the Government to take the necessary steps to ensure that trade union representatives are granted facilities enabling them to carry out their trade union duties rapidly and efficiently. The Committee recalls that the Workers’ Representatives Recommendation, 1971 (No. 143), lists examples of such facilities: time off from work to attend trade union meetings, congresses, etc.; access to all workplaces in the undertaking, where necessary; access to the management of the undertaking, as may be necessary; distribution to workers of publications and other written documents of the union; access to such material facilities and information as may be necessary to carry out their duties, etc.

The Committee welcomes the Government’s indication that section 107 of the Interim Labour Code of 2010 provides that the Tripartite Committee for Labour Affairs will set down the necessary conditions to enable trade union representatives to carry out their duties. The Committee requests the Government to provide detailed information on the content and outcome of the tripartite consultations held by the Tripartite Committee for Labour Affairs on all matters related to the necessary steps to ensure that trade union representatives are granted facilities enabling them to carry out their trade union duties rapidly and efficiently.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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

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

Comments adopted by the CEACR: Jordan

Adopted by the CEACR in 2021

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C135 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)