Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee notes the observations made by the International Trade Union Confederation (ITUC) in a communication received on 31 August 2014, which refer in particular to the trade union rights of public employees, domestic workers and agricultural workers.

Articles 1–6 of the Convention. Scope of the Convention. Foreign workers. In its previous comments, the Committee had noted that Law No. 26 of 2010 no longer required Jordanian nationality for membership in trade unions and employers’ associations, but that founding members, and maybe even union leaders, should be Jordanian nationals. The Committee notes the Government’s indication that foreign workers are not prohibited from becoming union leaders, and that employers’ associations and trade unions formulate their own conditions for the election of leaders. The Committee requests the Government to take the necessary legislative measures to ensure that foreign workers may become founding members and leaders of trade unions and employers’ associations.

Domestic and agricultural workers. In its previous comments, the Committee raised the issue of coverage by the Labour Code of domestic and agricultural workers. The Committee notes with satisfaction that the 2008 amendments to the Labour Code extend protection to domestic workers and agricultural workers especially, according to the Government, in matters relating to the provisions of the Convention. The Committee requests the Government to indicate whether cooks and gardeners enjoy, through the 2008 amendment, the guarantees set out in the Convention and whether by-laws on any specific categories of workers, including agricultural and domestic workers, cooks and gardeners, have been issued in accordance with section 3 of Act No. 48 amending the Labour Law.

Minimum age. In its previous comments, the Committee had noted that section 98(f) of the Labour Code specifies that trade union members must be at least 18 years of age. The Committee notes the Government’s indication that the required age was specified in this regard in line with national legislation. The Committee again requests the Government to ensure the right to organize to minors who have reached the legal age for employment, either as workers or trainees, and to provide information on measures envisaged or adopted in this respect.

Article 2. Protection against acts of interference. In its previous comments, the Committee had requested the Government to take measures in full consultation with the most representative organizations of workers and of employers in order to strengthen the sanctions against interference under section 139 of the Labour Code, as it had considered that fines between 50 and 100 Jordanian dinar (JOD) (US$70–140) did not have a dissuasive effect. Noting the Government’s indication that it will consider this matter when amending the legislation, the Committee hopes that the Government will soon take the necessary steps to amend the legislation in this respect.

Articles 4 and 6. Right to collective bargaining. In its previous comments, the Committee had requested the Government to provide information concerning the right to collective bargaining in the public sector. The Committee welcomes the Government’s indication that recent amendments to the Constitution have authorized the right to organize and to collective bargaining in the public sector, and that more than one sector in the civil service has been regulated. The Committee also notes the Government’s indication that a draft law on trade union work for public sector employees has been prepared. The Committee requests the Government to provide the recent constitutional amendments and the draft law on trade union work for public sector employees, and expresses the firm hope that the national legislation will recognize explicitly the right to collective bargaining in the public sector.