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

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

National Steering Committee for Pay Equity. The Committee notes with interest the official launching of the Jordanian National Steering Committee for Pay Equity in July 2011. The Committee notes that the National Steering Committee for Pay Equity (NSCPE) is co-chaired by the Ministry of Labour and the Jordanian National Commission for Women, and includes representatives of workers’ and employers’ organizations, as well as of civil society organizations. The Committee notes that the NSCPE’s mandate is to promote cooperation among its members in implementing a pay equity national action plan and to coordinate activities aimed at achieving pay equity for work of equal value. In this regard, two subcommittees have already been established, namely a legal subcommittee focusing on enhancing policies and legislation for equal pay and on making recommendations regarding legislative amendments; and a research subcommittee focusing on conducting in-depth research on pay-based discrimination to inform policy and programmes. The Committee asks the Government to provide information concerning the measures taken by the NSCPE to develop and implement a pay equity action plan, including specific information on the work of the various subcommittees. The Committee welcomes the initial focus on addressing legislation, and asks the Government to provide the NSCPE with all the necessary support to carry out its mandate.

Article 1(a) of the Convention. Additional allowances in the public service. The Committee recalls that section 25(b) of the Civil Service Regulations No. 30 of 2007 provides that a male public service official is entitled to a family allowance regardless of whether or not his wife works in a governmental institution, and that a female public service official is entitled to such an allowance only if she is the “breadwinner” or if her husband is deceased or has a disability. The Committee had expressed concern that under the legislation female public servants would in practice be disadvantaged with respect to family allowances. The Committee notes the Government’s indication that there have been no amendments to the Civil Service Regulations, and that the Government will provide information on any revisions or amendments. The Committee notes that no information is provided on the practical application of section 25(b) of the regulations. The Committee asks the Government to take the opportunity afforded as a result of the legislative review being undertaken by the NSCPE to review and revise the provisions of the Civil Service Regulations No. 30 of 2007 so as to ensure that female public service officials are treated on an equal basis with male public service officials with regard to all allowances, including family allowances, and to continue to provide information in this regard.

Article 1(b). Work of equal value. The Committee notes that for a number of years it has been pointing out that the provisions of the Constitution do not give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee recalls that section 23(ii)(a) of the Constitution provides that workers shall receive wages commensurate with the quantity and quality of the work, and that the Labour Code does not include any provisions of particular relevance to the principle of the Convention. The Committee notes that although the Labour Code was amended in 2010 (Act No. 26/2010), the opportunity was not taken to include a provision incorporating the principle of the Convention. The Committee urges the Government to work closely with the NSCPE to develop appropriate amendments to the Labour Code or to draft other legislation, with a view to giving full legislative expression to the principle of equal remuneration for men and women for work of equal value, without further delay. The Committee asks the Government to ensure that such legislation covers not only situations where men and women are performing the same or similar work, but also where they carry out work that is of an entirely different nature but is nevertheless of equal value. The Committee further asks the Government to indicate how in practice it is ensured that the criteria used to determine levels of earnings are free from gender bias.

The Committee is raising other points in a request addressed directly to the Government.