Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 26 August 2009, which refer to matters previously raised by the Committee.

Scope of the Convention. In its previous comments the Committee had referred to the exclusion of migrant workers, domestic workers and certain classes of agricultural worker from the provisions of the Labour Code, and had noted with interest the Government’s statement that it had formulated amendments to the Jordanian Labour Code so as to include migrant workers, domestic workers, and all categories of agricultural workers within the scope of the Labour Code’s provisions, and that the draft amendments had been referred to the Council of Ministers in order to initiate the process of adoption. In this respect, the Committee notes that according to the Government the draft amendments to the Labour Code were still undergoing constitutional procedures for approval, and that pending their adoption the Government had undertaken such measures as increasing the number of labour inspectors in export processing zones and aiding in the establishment of migrant worker trade union committees.

Article 2 of the Convention. Protection against acts of interference. The Committee recalls that it had previously requested the Government to take the necessary measures in order to adopt legislative provisions providing for rapid appeal procedures and sufficiently dissuasive sanctions against acts of interference. The Government indicates, in this regard, that this matter has been taken into consideration in the draft amendments to the Labour Code.

Noting this information, the Committee once again expresses the hope that the amendments to the Labour Code will, upon adoption: (1) ensure the guarantees of the Convention to the categories of worker mentioned above; and (2) make express provision for rapid appeal procedures, together with sufficiently dissuasive sanctions, against all acts of interference by workers’ and employers’ organizations by each other in their establishment, functioning or administration. It requests the Government to provide a copy of the amendments as soon as they are adopted.