Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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

Further to its previous comments, the Committee notes the information supplied with the Government's report. In particular, it notes with interest that the new Labour Code (Act No. 8 of 1996 dated 16 April 1996) was adopted as a means of improving workers' protection by a fair set of labour standards. The Committee requests the Government to supply information on the following points.

Article 10, paragraph 2, of the Convention. With reference to the previous direct request, the Committee notes the provisions of sections 52 to 54 of the new Labour Code, which provides for the establishment of a tripartite committee responsible for fixing a minimum rate of remuneration. The Committee notes that these provisions set forth the basis for fulfilling 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 requests the Government to supply further information on the committee established and the minimum wages fixed under these provisions of the new Labour Code.

Article 11. Further to the previous comments, the Committee notes that sections 46(a) and 47 of the Code prohibit the unauthorized deductions from wages and enumerates the reasons for which deductions may be made, in accordance with Article 11(8)(b) of the Convention. It recalls however that, regarding payment of wages, Article 11 of the Convention also calls for other measures to ensure, for instance, payment in legal tender, direct payment to the individual worker, restrictions on the payment in kind (food, housing, clothing and so on), concerning which the new Labour Code contains no provision. The Committee asks the Government to indicate the measures taken to give full effect to this Article.

Article 12. The Committee notes that section 47(a) of the Code allows deductions from wages for the recovery of advances, provided that no single deduction does not exceed 10 per cent of the wages. It points out, however, 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 made 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, paragraphs 1 and 2. The Committee notes with interest that section 73 of the new Labour Code prohibits the work of children under sixteen years of age except under the vocational training contracts. It also notes the Government's indication in the report that compulsory education is usually finished at 16 years of age. The Committee requests the Government to supply information on the application in practice of the provisions of the Code concerning vocational training, with particular reference to the minimum age for concluding a vocational training contract. It also requests the Government to supply a copy of the decisions defining dangerous work prohibited for minors under 17 years of age by virtue of section 74 of the Code. The Committee would be grateful if the Government would supply information on the practical application of these provisions of national legislation concerning the compulsory education and the minimum age for employment.

Article 15, paragraph 3. The Committee notes that the provisions of section 75 of the new Labour Code limits the working hours for minors (aged 7 or older and younger than 18 years old) to six hours a day, and prohibits their working between 8 p.m. and 6 a.m. and on holidays or weekly rest-days. However, such provisions do not give effect to this provision of the Convention, under which the employment of school-age children during school hours should be prohibited where educational facilities are available. The Committee requests the Government to take measures to prohibit the employment of children below the school-leaving age during school hours.