Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Equal Remuneration Convention, 1951 (No. 100) - Jordan (Ratification: 1966)

Gender pay gap. The Committee notes the policy brief on pay equity in Jordan prepared by the ILO, in partnership with the Jordanian National Commission for Women in 2010, and the policy paper on “Female labour force participation in Jordan”, submitted to the Economic and Social Council. Both documents confirm a continuing gender pay gap at all skills levels, especially in the private sector where the gender pay gap for professionals is as high as 44 per cent compared to 24 per cent in the public sector. In 2009, female professionals in the education sector earned one-third less than male professionals; in the health/social work sector they earned 38 per cent less than male professionals, while in manufacturing, female professionals earned 24 per cent less than male professionals. Gender inequalities also appear to exist with respect to non-wage benefits. The Committee notes with interest that a tripartite policy round table on pay equity was held in March 2010 which endorsed a number of recommendations, including the establishment of a national tripartite committee on pay equity charged with the development of a national action plan. The Committee asks the Government to provide information on the measures taken to follow up on the recommendations of the round table on pay equity with a view to reducing the gender pay gap in the private and public sectors. Please also provide updated statistical data on the distribution of men and women in the various industries and occupations in the private and public sectors, with their corresponding wage levels.

Scope of application. The Committee notes the adoption of Act No. 48/2008 amending the Labour Code, section 3(b) of which provides for the drafting of regulations that set forth the terms of agricultural workers, domestic workers, gardeners and cooks. The Committee notes Regulation No. 90/2009 of 1 October 2009 regarding domestic workers, cooks, gardeners and similar workers issues pursuant to section 3(b) of the Labour Code. The Committee requests the Government to provide copies of any regulations adopted concerning agricultural workers pursuant to section 3(b), as well as information on the application in practice of Regulation No. 90/2009, particularly with respect to remuneration.

Article 1(a) of the Convention. Additional allowances in the public service. The Committee recalls its previous concerns with regard to section 25(b) of the Civil Service Regulations No. 30 of 2007, pursuant to which a female employee shall only be entitled to a family allowance if she is the “breadwinner” or if her husband is deceased or has a disability. The Committee notes that the Government continues to state that the rationale behind section 25(b) is related to the specific duties and responsibilities imposed on the husband in Jordanian society. It also notes the Government’s indication that the status of breadwinner is given by the religious courts in accordance with Islamic law and traditions governing Jordanian society. The Committee must again express its concern that under the legislation, female public servants will in practice be disadvantaged with respect to their entitlement to family allowances. It draws the attention of the Government to the possibility of allowing both spouses to choose who would be the beneficiary of family allowances, rather than starting from the principle that they should systematically be paid to the father and, in exceptional cases, to the mother if she can demonstrate that she is the breadwinner or is bringing up her children. The Committee asks the Government to indicate the measures taken or envisaged to review the provisions of the civil service regulations of 2007 so as to ensure that female public officials are treated on an equal basis with male public officials with regard to family allowances, and to keep the Committee informed of the progress made in this regard. Please also provide information on the practical application of section 25(b) of the regulations, including any obstacles encountered by female public officials to be recognized as “the breadwinner” for the purpose of receiving family allowances.

Article 2. Application of the principle in the public service. The Committee recalls that despite an increase in the total number of recruitment of women, occupational segregation of women in lower-paying occupations in the public service remains an issue. The Government, however, continues to state that the principle of equal remuneration for men and women is applied through the public service regulations, that women in the public service are not recruited in lower-paid categories and that recruitment is not based on gender. The Committee is nevertheless still lacking information demonstrating how the principle of equal remuneration for men and women for work of equal value is ensured in the public service in practice. The Government also fails to provide information on any steps taken to determine the reasons for the occupational segregation of women into lower-paying occupations and positions without promotion opportunities leading to higher pay. The Committee asks the Government to provide up-to-date statistical information on the distribution of men and women in various grades and corresponding salary levels of the public service, as well as verifiable information on how the principle of equal remuneration between men and women for work of equal value is being implemented in practice. Please also indicate any steps taken to determine the underlying causes of the occupational segregation of women in the public service.

Minimum wage. The Committee notes the Government’s decision of 2008 to increase the minimum wage from 110 Jordanian dinars (JOD) to JOD150 per month, which came into effect in January 2009. However, the Committee understands that garment workers in the Qualifying Industrial Zone (QIZ) and domestic workers, a large majority of whom are women, are excluded from the new minimum wage. The Committee, recalling that the minimum wage is an important means of promoting the application of the principle of the Convention, asks the Government to indicate the reasons for excluding domestic workers and QIZ workers from the minimum wage. Please also indicate the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value also applies to these categories of workers.

Part V of the report form. The Committee reiterates its request to the Government to provide information on the practical application of the Convention, in particular any pay reviews or studies, to identify and eliminate disparities in remuneration which may exist in practice between men and women in the private and public sectors.