Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Minimum Age Convention, 1973 (No. 138) - Jordan (Ratification: 1998)

The Committee notes the Government’s first report and requests it to provide information on the following points.

Article 2, paragraph 1, of the Convention. The Committee notes that section 73 of Law No. 8 of 1996 issuing the Labour Code prohibits the employment in any form of minors under 16 years of age. The Committee draws the Government’s attention to the fact that Article 2, paragraph 1, provides that no one under the specified minimum age shall be admitted, not only to employment, but also to any form of work in any occupation. The Committee therefore requests the Government to indicate which provisions of the national legislation, if any exist, set forth the prohibition upon persons under 16 years of age from performing any work outside the framework of an employment contract. The Committee also notes the Government’s statement in its report that it has not availed itself of the possibilities of exclusion or to limit the scope of application of the Convention envisaged in Articles 4 and 5. However, it notes that section 3 of the above Law excludes from the scope of the Labour Code: (a) officials of the State and of municipalities; (b) members of the family of the employer working in his or her enterprise without remuneration; (c) domestic workers, gardeners, cooks and other allied categories of workers; and (d) agricultural workers, with the exception of those covered by the Labour Code by decision of the Council of Ministers upon the recommendation of the Minister of Labour. As these categories of workers are consequently excluded from the protection of section 73 of the Labour Code, the Committee requests the Government to indicate whether other provisions of the national legislation applicable to these categories of workers set forth the prohibition upon the employment or work of persons under 16 years of age and, if not, to take the necessary measures to include these categories of workers in the provisions of the national legislation respecting the minimum age for admission to employment or work.

Article 3, paragraph 1. The Committee notes with interest the amendment to section 74 of the Labour Code made by the provisional Law of 10 July 2002, which raised from 17 to 18 years the minimum age for the performance of work which is hazardous, difficult or involves health risks. The Committee notes that the Decree of 1997 (published in Official Journal No. 41-81 of 1 February 1997) of the Ministry of Labour respecting work which is hazardous, difficult or involves health risks for young persons, issued under section 74 of the Labour Code, draws up a list of types of work which may not be performed by persons under 17 years of age. It requests the Government to indicate whether, following the amendment to section 74 of the Labour Code by the provisional Law of 10 July 2002, the above Decree has also been amended to replace the age of 17 years by that of 18 years. If not, the Committee requests the Government to take measures to this effect. The Committee also requests the Government to take measures to prohibit not only employment, but also work performed outside an employment relationship by persons under 18 years of age, where such employment or work involves the risks referred to above. It also requests the Government to indicate whether the national legislation sets forth restrictions concerning the admission of persons under 18 years of age to work that is likely to jeopardize their morals.

Article 6. The Committee notes that, by virtue of section 73 of the Labour Code, no minor under 16 years of age may be employed in any form of work, subject to the provisions relating to vocational training. It notes that the Labour Code, Chapter 5 (sections 36 to 38) of which covers vocational training contracts, does not establish a minimum age for vocational training in enterprises. Section 36(b) provides that vocational training contracts shall be established in the form and under the conditions prescribed by the Vocational Training Institute in instructions issued to this effect and published in the Official Gazette. The Committee requests the Government to provide a copy of any instructions issued by the Vocational Training Institute, and of any law or regulation setting out the minimum age for admission to vocational training in enterprises. Section 36(c) specifies that trainees having attained the age of 18 years may conclude contracts directly, but that minors (that is, by virtue of section 2, persons over 7 years of age and under 18 years of age) have to be represented by their guardian or trustee. The Committee notes the information contained in the Government’s report to the effect that compulsory education goes up to 16 years of age in Jordan and that accordingly any student who wishes to join one of the branches of vocational training must have reached the age of 16 years. According to the Government, directives respecting the organization of vocational training require students who wish to undertake vocational training in the short- or medium-term to have already reached the age of 16 years. The Committee requests the Government to provide copies of these directives, and particularly Directive No. 1 of 1995 which, according to the information contained in the Government’s report for 1998 on the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), sets the minimum age for admission to vocational training at 16 years.

Part V of the report form. The Committee notes the information contained in the Government’s report that a new form has been designed with a view to reflecting the real situation with regard to the employment of young persons in Jordan for the purposes of compiling a database on the employment of young persons. The Committee requests the Government to provide a copy of this form to the Office, together with extracts from the reports of the labour inspection services and any other relevant information on the manner in which the Convention is applied in practice.