Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Jordan (Ratification: 1968)

The Committee takes note of the Government's report. It recalls that, for several years, it has been making comments on the following points:

1. the absence of specific provisions accompanied by civil remedies and penal sanctions ensuring the protection of workers' organisations against any act of interference by employers or their organisations (Article 2 of the Convention);

2. the absence of provisions ensuring that the Convention is applied to domestic servants and agricultural workers who are not employed in government organisations or institutions for mechanical equipment or in irrigation work.

1. In the past, the Government has indicated that it was not necessary to adopt specific provisions to apply Article 2 of the Convention, because under section 33 of the Constitution of the Hashemite Kingdom of Jordan, international treaties and agreements become enforceable upon ratification. Furthermore, in its last report it states that it interprets Labour Code No. 21 of 1960, as amended, as prohibiting all interference by employers' organisations in the affairs of workers' unions.

The Committee takes note of this specific information, but points out that the legislation currently in force contains no provisions protecting workers' organisations against interference by employers or their organisations.

It again urges the Government to adopt a specific statutory provision in this respect at an early date, protecting workers' organisations against acts of interference by an employer, liable to give rise to the establishment of workers' organisations under the domination of the said employer, who would support a workers' organisation by financial or other means with the object of placing such an organisation under his control.

The Committee therefore requests the Government to indicate, in its next report, the measures it has taken to bring its legislation into conformity with the Convention.

2. In answer to its previous observation concerning the exclusion of certain agricultural and domestic workers from the protection of the Labour Code and thereby of the Convention, the Committee notes with interest that, according to the Government, the application of the provisions of the Labour Code, hitherto limited to agricultural workers employed in government organisations, technical institutions or in permanent irrigation work, is extended in the draft new Labour Code to agricultural workers whose activities have to do with the driving, installation or repair of agricultural machinery; to administrative, financial and accountancy work in agricultural enterprises; to the manufacture and marketing of agricultural products; and to cattle-, poultry- and horse-breeding, fish-breeding, bee-keeping and other similar work.

As regards the exclusion of domestic workers from the scope of the Labour Code, the Committee notes that the draft Code continues to exclude these workers but that, on the recommendation of the responsible Minister, the Council of Ministers will be able to establish regulations concerning their situation, their conditions of work and their rights and obligations.

The Committee trusts that the new legislation currently being prepared will grant all agricultural and domestic workers, without exception, protection against acts of anti-union discrimination, as well as the right to negotiate their conditions of employment collectively. It requests the Government to provide information in its next report on any progress made in this respect.