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Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

Other comments on C117

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Article 10, paragraph 2, of the Convention. The Committee notes the Government's indication that, although section 52 of the Labour Code specified the manner for the creation of a committee to fix minimum wages in general or for a particular region, no such committee has yet been established. The Committee reminds the Government that Article 10, paragraph 2, of the Convention requires that necessary arrangements should be made to fix minimum wages where no adequate mechanism exists for doing so by collective agreements. The Committee hopes that the Government will take measures to ensure the full application of sections 52-54 of the new Labour Code, in particular by ensuring the establishment and operation of a tripartite committee responsible for fixing a minimum rate of remuneration. It also hopes that the Government will provide information on the committee that has been established accordingly, and on the minimum wages fixed under the aforementioned provisions of the new Labour Code.

Article 11. The Committee notes the Government's reference to the new Labour Code concerning wages and protection of wages (section 2 and Chapter 7) and to the provisions of the Civil Code concerning payment of wages (section 336, etc.). The Committee notes, however, that the above provisions do not refer to the measures requested by Article 11 of the Convention as concerns, for instance: (i) payment in legal tender; (ii) direct payment to the individual worker; (iii) restrictions on the payment in kind such as food, housing, clothing, etc. The Committee hopes that the Government will take measures to give full effect to this Article.

Article 12, paragraphs 2 and 3. The Committee notes the Government's reference to section 47, paragraph (a), of the Labour Code which allows deductions from wages for the recovery of advances, provided that no single deduction exceeds 10 per cent of the wages. The Government further states that the amount of advances which may be paid by the employer to the worker is determined by an agreement between them and that these matters may be regulated in the internal statutes of enterprises. The Committee again wishes to point out that these provisions are insufficient to fulfil the specific requirements of Article 12 of the Convention. It recalls that this Article provides that, in addition to the manner of repayment of advances on wages, the maximum amounts of advances on wages, including those which may be made to a worker in consideration of his taking up employment, shall be regulated by the competent authority (paragraph 2). Moreover, this authority shall make legally irrecoverable any advance made in excess of the amount laid down (paragraph 3). The Committee hopes that the Government will take measures to give full effect to these provisions of the Convention.

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