Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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 4 August 2011, which refer to matters previously raised by the Committee and matters concerning the trade union rights of teachers and migrant workers, as well as the observations provided by the Government in a communication dated 28 November 2011.

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 workers 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 the Government indicates in its report that amendments to the Labour Code of 1996 were adopted in Law No. 26 of 2010. The Committee further notes the Government’s indication that all workers are now covered by the Labour Code with respect to freedom of association as the amendments authorized non–Jordanian workers to affiliate to trade unions.

In respect of foreign workers, the Committee notes with interest that section 25 of Law No. 26 of 2010 no longer requires Jordanian nationality for membership in trade unions and employers’ associations. However, this section maintains the requirement that founding members should be Jordanian nationals. The Committee concludes that, under this new legislation, the right to organize of foreign workers does not seem fully guaranteed as they are not authorized to participate in the establishment of a trade union or an employers’ association as founding members or maybe even as leaders. The Committee requests the Government to provide clarification in this respect in its next report and, if necessary, to take measures to amend this provision in order to fully guarantee the right of foreign workers to be founding members and leaders of trade unions and employers’ associations.

The Committee also observes that section 3 of the Labour Code which excludes domestic workers and some agricultural workers – many of them being foreigners – from coverage does not seem to have been amended by Law No. 26 of 2010 and that no provisions extending the guarantees of the Convention to domestic workers and agricultural workers could be identified in this law. The Committee notes the Government’s indication, in response to the ITUC comments, that domestic workers, cooks, gardeners and their dependents as well as agriculture workers were included in the scope of application of the Labour Code pursuant to section 3(b) of Act No. 48 of 2008 amending the Labour Code and the Laws Nos 89 and 90 of 2009, as well as that specific instructions were issued to strengthen the protection of the rights of these workers, including foreign workers. The Committee requests the Government to provide clarification in its next report in this regard and to provide the relevant legislation, including the 2008 amendments of the Labour Code.

The Committee further notes that the new section 98(f) of the Labour Code, introduced by Law No. 26 of 2010 specifies that “(f) To apply for membership in a trade union, the applicant shall be at least 18 years of age”. The Committee considers that this provision restricts the trade union rights enshrined in the Convention. The Committee invites the Government to ensure the right to organize to minors, either as workers or trainees, and to provide information on measures contemplated or adopted in this respect in its next report.

Article 2. 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 Labour Code’s amendments which include a clear text on prohibiting workers’ and employers’ organizations’ interference by each other directly or indirectly, in their establishment, functioning or administration as well as sufficient dissuasive sanctions.

The Committee takes notes with interest of this information and observes that section 97(c) of the Labour Code as amended by Law No. 11 of 2004 effectively prohibits acts of interference. It further observes, however, that sanctions in cases of infringement are fines between 50 and 100 Jordanian dinar (JOD) (US$70–140) as provided under section 139 of the Labour Code of 1996. The Committee considers that the amount of the fines does not have a dissuasive effect and requests the Government to take measures in full consultation with the most representative organizations of workers and of employers in order to strengthen these sanctions.

Article 6. Right to collective bargaining. Finally taking into account the ITUC comments, the Committee requests the Government to provide information on the legal provisions concerning the right to collective bargaining in the public sector, including in the public service.