Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Jordan (Ratification: 1963)

The Committee notes the Government's indication that the draft Labour Code has been submitted to the Parliament, and that the Government is not in a position to intervene at this stage. Recalling the comments made on the following Articles of the Convention for a number of years, the Committee hopes that full effect will soon be given to these provisions either by the enactment of the new Labour Code or by other means.

Article 10, paragraph 2, of the Convention. With reference to the previous direct request, the Committee notes the Government's reference to the rule of supply and demand that determines the wages and to the respect of the wage structure in any establishment. The Government also refers to section 7 of the present Labour Code, which provides that the provisions of the Code should be without prejudice to the workers' rights under any contract or agreement. The Committee points out that these indications do not meet the requirements of Article 10, paragraph 2, under which necessary arrangements should be made to fix minimum wages where no adequate mechanism exists for doing so by collective agreement. The Committee again requests the Government to indicate whether any measures have been taken to fix the minimum wage in accordance with the provisions of section 24 of the present Labour Code, and whether the scope of any minimum wage fixed by collective agreement has been extended to the area or to the trade or occupation by virtue of section 23(2) of the Labour Code.

Article 11. Further to the previous comments, the Committee notes the Government's reference to the Regulation on Registers No. 3 of 1963, which obliges the employer to maintain the details of the employees, their wages and the mode of wage payment. It recalls that, regarding payment of wages, Article 11 of the Convention also calls for other measures to ensure, for instance, direct payment, restrictions on the place of payment and on deductions, and asks the Government to indicate the measures taken to give full effect to this Article.

Article 12. The Committee notes the Government's reference to the provisions of the Civil Code that prohibit anybody from profiting at the expense of others without a valid reason (illegitimate profit). The Committee points out that these provisions are insufficient to fulfil the specific requirements set forth by this Article, namely, to take necessary measures (i) to regulate the maximum amounts of advances on wages, including those which may be made to a worker in consideration of his taking up employment, and (ii) to make legally irrecoverable any advance in excess of the amount laid down. The Committee therefore requests the Government to take measures to give effect to this provision of the Convention.

Article 15, paragraph 2. The Committee notes the Government's indication that the draft Labour Code prohibits the work of children under 15 years of age and that the period of compulsory education lasts for ten years. The Committee asks the Government to indicate at what age such compulsory education is usually finished.

Article 15, paragraph 3. The Committee notes that the provisions of section 48(3) of the present Labour Code limits the working hours for a child (younger than 16 years old) to six hours a day, and that section 48(4) prohibits a child working in more than one establishment on any day. However, such provisions do not give effect to the requirements of the Convention. The Committee requests the Government to take measures to prohibit the employment of children below the school-leaving age during school hours.