Workers' Representatives Convention, 1971 (No. 135) - Jordan (RATIFICATION: 1979)

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Previous comment

Article 2 of the Convention. Facilities for workers’ representatives in the undertaking. In its previous comment, the Committee had noted that an adequate regulatory framework guaranteeing the workers’ representatives access to appropriate facilities in accordance with Article 2 of the Convention was yet to be adopted, despite the Government’s indication that recommendations regarding principles and criteria governing the granting of time off from work for union activities were drawn up in 2017 by a committee nominated by the Ministry of Labour and made up of representatives of the General Federation of Trade Unions and the Jordanian Chambers of Industry and Commerce. The Committee notes with regret that the Government reports no progress in this regard and simply indicates that it was agreed to submit the recommendations on time off for union representatives to the next meeting of the Tripartite Committee for Labour Affairs (TCLA), the body competent for establishing the rules enabling trade union representatives to carry out their duties pursuant to section 107 of the Labour Code. In view of the foregoing, the Committee urges the Government to ensure that criteria and principles governing time off for union activities are submitted to the TCLA without further delay. It further urges the Government to take all the necessary measures to ensure that an adequate regulatory framework, guaranteeing the workers’ representatives all the facilities enabling them to carry out their functions promptly and efficiently, such as those listed in the Workers’ Representatives Recommendation, 1971 (No. 143), is submitted to tripartite consultation and approval. The Committee requests the Government to provide information on any developments in this respect.

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Article 2 of the Convention. Facilities for workers’ representatives in the undertaking. In its previous comment, the Committee had noted that pursuant to section 107 of the Labour Code, the Tripartite Committee for Labour Affairs (TCLA) is the competent body for setting down the necessary conditions enabling trade union representatives to carry out their duties and had requested the Government to provide information on the content and outcome of the consultations held by the TCLA on this matter. The Government indicates in this regard that the Ministry of Labour nominated a committee made of representatives of the General Federation of Trade Unions, and the Jordanian Chambers of Industry and Commerce with the task of defining the principles and criteria governing the granting of time off for union activities. On 9 April 2017, this committee issued a set of recommendations to be submitted to the TCLA for decision on this matter. The TCLA has held regular meetings since then, however, the proposed principles and criteria have not yet been submitted to it for consideration and approval. The Committee notes with concern that the government does not report any progress in the application of Article 2 of the Convention in law and in practice. It once again recalls in this regard that the Workers’ Representatives Recommendation, 1971 (No. 143), lists examples of facilities to be afforded to workers’ representatives, which include 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. The Committee firmly hopes that the proposed principles and criteria on granting time off for union activities will be submitted to the TCLA soon and requests the Government to take all the necessary measures to ensure that an adequate regulatory framework, guaranteeing that workers’ representatives are granted all the facilities enabling them to carry out their functions promptly and efficiently is submitted to tripartite consultation and approval. It requests the Government to continue providing information on any developments in this regard.

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

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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.

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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.

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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 had also noted that the Ministry of Labour was endeavouring to encourage workers’ and employers’ organizations to include most of the provisions of the Convention in their collective agreements. The Committee further noted the Government’s indication that its comments would be taken into account when a legislative modification was adopted. It requested the Government to keep it informed of any measures adopted in that regard, and recalled 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 notes with interest that, according to the Government, the measures requested in its previous observation have been incorporated into the draft amendments to the Labour Code, which would be transmitted to the Committee following their adoption. In these circumstances the Committee expresses the hope that the amendments to the Labour Code would ensure for trade union representatives, facilities enabling them to carry out their trade union duties rapidly and efficiently and requests the Government to provide information on developments respecting the amendments’ adoption.

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The Committee notes the information contained in the Government’s report.

In its last comments, the Committee had noted that, at present, the only facility granted by law to workers’ representatives is 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 had also noted that the Ministry of Labour is endeavouring to encourage workers’ and employers’ organizations to include most of the provisions of the Convention in their collective agreements. The Committee notes that the Government’s report indicates that its comments will be taken into account when a legislative modification will be adopted and requests the Government to keep it informed of any measures adopted in that sense. 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.

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The Committee takes note of the Government’s report. It also notes the information on the content of a number of collective agreements. It observes, however, that the information refers largely to the advantages enjoyed by workers and contains little to show that currently workers’ representatives in enterprises have facilities under collective agreements allowing them to carry out their duties promptly and efficiently.

Since at present the only facility granted by law to workers’ representatives is paid leave of 14 days to attend courses, the Committee requests 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 furthermore recalls that full effect can be given to the Convention inter alia by provisions in the law or in collective agreements. The Committee points out in this connection 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 notes that, according to the Government’s report, the Ministry of Labour is endeavouring to encourage workers’ and employers’ organizations to include most of the provisions of this Convention in their collective agreements. Since the collective agreements appear not to make provision for such facilities, however, the Committee requests the Government to take steps to amend the legislation so as to ensure that workers’ representatives are granted facilities enabling them to carry out their duties rapidly and efficiently. It also asks the Government to keep it informed of any measures adopted.

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The Committee notes the information supplied by the Government in its report as well as the adoption of the Labour Code of 1996.

With reference to the comments it has been making for many years on the need to adopt measures to ensure the application of Article 2 of the Convention, the Committee notes that except for 14 days of paid leave for courses, the new legislation contains no provisions to afford facilities in the undertaking to workers' representatives in order to enable them to carry out their functions promptly and efficiently. The Workers' Representative Recommendation, 1971 (No. 143) gives examples of such facilities: time off for attending trade union meetings, congresses, etc.; access to all workplaces in the undertaking if necessary; access to the management of the undertaking whenever necessary; permission to distribute written documents and publications of the union to the workers; material facilities and information for the exercise of their functions, etc.

The Committee requests the Government to take steps to give full application to the Convention in particular through legislative provisions or regulations or collective agreements. It asks the Government to indicate in its next report the measures taken in this respect and to provide copies of any collective agreements containing provisions which grant facilities to workers' representatives in order to carry out their functions.

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

With reference to the comments it has been making for many years on the need to adopt measures to ensure the application of Article 2 of the Convention, the Committee notes the Government's statement that in practice some establishments grant workers' representatives full-time detachment to carry out trade union activities because certain provisions of collective agreements provide for this right of full-time detachment. The Committee notes that no legislative provisions or regulations appear to have been adopted to give effect to Article 2. The Committee must therefore ask the Government once again to take steps at the earliest possible date to enable workers' representatives to carry out their functions promptly and efficiently, in particular through laws or regulations or collective agreements (in the light of the examples set out in the Workers' Representatives Recommendation, 1971 (No. 143) such as: granting them time off to carry out their functions and attend meetings, training courses, seminars, conferences and congresses; and giving them access to all workplaces and to the management, and facilities to collect trade union dues and display notices). It asks the Government to indicate in its next report the measures taken in this respect, including the measures taken within the framework of the draft Labour Code, the drafting of which began in 1982, which it trusts will be adopted by that time. Furthermore, the Committee requests the Government to provide, along with its next report, copies of collective agreements containing provisions which grant facilities to workers' representatives in order to carry out trade union activities.

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The Committee notes the Government's reports indicating that the draft Labour Code which is in the process of being elaborated is currently before Parliament for discussion.

The Committee regrets that although drafting began in 1982, the Labour Code has still not been adopted and that there appear to be no other provisions in laws or agreements that give effect to Article 2 of the Convention. It is therefore bound to ask the Government once again to take steps at the earliest possible date to enable workers' representatives to carry out their functions promptly and efficiently (in the light of the examples set out in the Workers' Representatives Recommendation, 1971 (No. 143) such as: granting them time off to carry out their functions and attend meetings, training courses, seminars, conferences and congresses; and giving them access to all workplaces and to the management, and facilities to collect trade union dues and display notices). It asks the Government to indicate the measures taken in this respect in its next report.

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The Committee takes note of the Government's report.

With reference to the comments it has been making for many years on the need to adopt measures to ensure the application of Article 2 of the Convention, the Committee notes the Government's statement in its report that during discussions on the draft Labour Code account was taken of the need to entitle workers' representatives to engage in trade union activities in the enterprise in order that they may carry out their functions and without such entitlement impairing the efficient running of the enterprise.

The Committee notes that the draft Labour Code which has been in the process of preparation since 1982 has still not been enacted and that no legislative provisions, regulations or agreements appear to have been adopted to give effect to Article 2. Consequently, it must once again ask the Government to take measures at the earliest possible date to enable workers' representatives to carry out their functions promptly and efficiently (in the light of the examples set out in Recommendation No. 143 such as: granting them time off to carry out their functions and attend meetings, training courses, seminars, conferences and congresses; and giving them access to all work places and to the management, and facilities to collect trade union dues and display notices). It asks the Government to indicate the measures taken in this respect in its next report.

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

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The Committee notes that for the second year in succession 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 matters raised in its previous direct request, which read as follows:

The Committee recalls that it has been requesting the Government since 1983 to supply information on the measures taken to give effect to Article 2 of the Convention concerning the facilities to be afforded to workers' representatives in the undertaking in order to enable them to carry out their functions promptly and efficiently.

The Committee notes that the Government has been reporting since 1982 the forthcoming adoption of a new Labour Code to give effect to the provisions of the Convention, but that no legislative provisions, regulations or agreements appear to have been adopted to give effect to Article 2. The Committee is therefore bound to reiterate its previous comments requesting the Government to adopt in the near future legislative or other measures in order to enable workers' representatives to carry out their functions promptly and efficiently in the light of the examples set out in Recommendation No. 143 (such as: granting them time off to carry out their functions, attend meetings, follow training courses, be present at seminars, conferences and congresses; and by giving them access to all workplaces and to the management, as well as facilities to collect trade union dues and display notices) and to inform it in its next report of any progress achieved in this respect.

[The Government is asked to report in detail for the period ending 30 June 1993.]

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The Committee notes that the Government's report has not been received.

The Committee recalls that it has been requesting the Government since 1983 to supply information on the measures taken to give effect to Article 2 of the Convention concerning the facilities to be afforded to workers' representatives in the undertaking in order to enable them to carry out their functions promptly and efficiently.

The Committee notes that the Government has been reporting since 1982 the forthcoming adoption of a new Labour Code to give effect to the provisions of the Convention, but that no legislative provisions, regulations or agreements appear to have been adopted to give effect to Article 2. The Committee is therefore bound to reiterate its previous comments requesting the Government to adopt in the near future legislative or other measures in order to enable workers' representatives to carry out their functions promptly and efficiently in the light of the examples set out in Recommendation No. 143 (such as: granting them time off to carry out their functions, attend meetings, follow training courses, be present at seminars, conferences and congresses; and by giving them access to all workplaces and to the management, as well as facilities to collect trade union dues and display notices) and to inform it in its next report of any progress achieved in this respect.

[The Government is asked to report in detail for the period ending 30 June 1992.]

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The Committee notes the information supplied by the Government in its report to the effect that it is considering the enactment of a new Labour Code. The Government indicates that the representatives of the parties which participated in its formulation have been invited to re-examine the draft text and it hopes that this examination will be completed according to the established timetable and that it can be enacted.

The Committee recalls that, as early as 1983, it requested the Government to supply information on the measures taken to give effect to Article 2 of the Convention concerning the facilities to be afforded to workers' representatives in the undertaking in order to enable them to carry out their functions promptly and efficiently. From the information available, no legal provision, regulation or agreement appears to have been adopted to give effect to Article 2. The Committee also recalls that the Government's report has, since 1982, been announcing the forthcoming adoption of a new Labour Code which would give effect to the provisions of the Convention.

The Committee regrets that the Government has not yet taken legislative or other measures to give full effect to the provisions of the Convention. It invites it to indicate the measures that have been taken to enable workers' representatives to carry out their functions promptly and efficiently (such as: granting them time off to carry out their functions, attend meetings, follow training courses, be present at seminars, conferences and congresses; by giving them access to all workplaces and facilities to collect trade union dues and display notices).