Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equal Remuneration Convention, 1951 (No. 100) - Jordan (Ratification: 1966)

Gender pay gap. The committee notes the detailed information provided by the Government on the measures taken to address the persistent pay gap between men and women. It notes, in particular, the study on the gender pay gap in the private education sector commissioned by the National Steering Committee for Pay Equity (NSCPE), in collaboration with the ILO, which was published in 2013. The study shows that, although women represent 88 per cent of workers in private schools, the gender pay gap remains as high as 41.6 per cent. In private universities, where skills requirements are higher and competition more prominent, women represent 30 per cent of the labour force, and the gender pay gap stands at 23.1 per cent. The study also indicates that some of the underlying causes of pay inequality include a lack of policy and regulatory framework incorporating the principle of equal remuneration for men and women for work of equal value, negative stereotypes regarding women’s professional abilities and aspirations, limited participation in workers’ organizations and limited access to vocational training. With regard to the recommendations emanating from the study, the Committee notes, inter alia, the need to develop and implement gender-neutral job evaluation methods in order to ensure gender equality in the determination of remuneration. The Committee encourages the Government to continue to take steps to address the gender pay gap and its underlying causes, in cooperation with the social partners, and to provide information in this regard. The Committee also asks the Government to provide updated statistical information on the distribution of men and women in the various industries and occupations in the private and public sectors, with their corresponding wage levels.

Scope of application. Recalling its previous comments regarding section 3(b) of the Labour Code, which provides that agricultural workers, domestic workers, gardeners and cooks will be governed by specific regulations, the Committee notes the Government’s indication that the regulations on agricultural workers have not yet been issued. With respect to domestic workers, cooks, gardeners and similar workers regulated pursuant to Regulation No. 90/2009, the Committee notes the information provided by the Government on complaints filed by domestic workers, including through embassies of countries of origin. The Committee also notes the Government’s indication that female domestic workers are entitled to a monthly minimum wage of 110 Jordanian dinars (JOD). Recalling that member States are to ensure the application of the principle of the Convention to all workers, and that where specific groups or sectors are governed by special laws or regulations, they should have the same level of rights and protections as other workers, the Committee asks the Government to provide detailed information on the manner in which the principle of equal remuneration for work of equal value is applied to the groups of workers excluded from the scope of the Labour Code. Please also indicate how in practice it is ensured, in the context of a minimum wage setting process, that domestic work is not undervalued due to gender stereotypes relating to the tasks performed.

Application of the principle in the public service. Recalling its previous comments regarding the persistent gender segregation in the public service, the Committee notes that the Government states that the Civil Service Regulations guarantee equal opportunities and treatment for men and women, with regard to conditions of employment and occupation. The Committee also notes the Government’s indication that Regulation No. 3 of 2013, on the selection of civil servants for higher level jobs has recently been promulgated, and that pursuant to the new regulation, appointment to higher level jobs in the public service is made on the basis of competencies and efficiency, regardless of sex. The Committee asks the Government to provide information on the impact of the measures taken to address the persistent occupational gender segregation in the public service, with respect to promoting equal remuneration for men and women for work of equal value. The Committee also requests the Government to provide information on the application in practice of Regulation No. 3 of 2013 and the results achieved in improving women’s representation in higher level jobs in the public service.

Minimum wages. With regard to its previous comments on the importance of minimum wages as a means of promoting the application of the principle of the Convention, the Committee notes the Government’s reference to the NSCPE legal review, which states that the principle of equal remuneration for men and women for work of equal value is not taken into consideration in the minimum wage fixing process and recommends adding to section 52 of the Labour Law a new subsection providing that “In fulfilling its mandate, the Tripartite Committee shall seek to promote equality between men and women, and to ensure equal remuneration for men and women for work of equal value.” (Towards Pay Equity: A Legal Review of Jordanian National Legislation, pages 2 and 7). The Committee also notes the information provided by the Government on the study on minimum wages undertaken by the Minimum Wage Committee. In its conclusions, the Minimum Wage Committee proposes that the general minimum wage be raised from JOD150 to JOD180–200, based on the examination of indicators of cost of living and economic performance. The Committee asks the Government to provide information on any follow-up action given to the recommendations of the Minimum Wage Committee, and on its impact on the remuneration of women and men respectively. With regard to sectoral minimum wages, the Committee requests the Government to take proactive measures to ensure that the principle of the Convention is applied in the minimum wage setting mechanisms and that the rates fixed are free from gender bias, and to provide information on the progress made in this regard. Noting that the Government’s report contains no information with regard to garment workers in the Qualifying Industrial Zone (QIZ) and domestic workers, the Committee once again requests the Government to indicate how in practice it is ensured that the principle of the Convention applies to QIZ workers and domestic workers.

Parts III and IV of the report form. Enforcement. The Committee welcomes the various initiatives undertaken by the Government to raise awareness among the general public, employers and their organizations, as well as government officials, of pay equity issues. The Committee notes, in particular, that a number of capacity-building workshops for labour inspectors were held, with the support of the ILO, and provided specific training on equal remuneration and non-discrimination. The Committee encourages the Government to continue to take steps to raise awareness among workers, employers and their organizations, as well as labour inspectors and other public officials of the principle of equal remuneration for men and women for work of equal value, and to provide information in this respect. Please provide information on any action taken to remedy violations detected by or brought to the attention of labour inspectors regarding unequal remuneration.