Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Jordan (Ratification: 1963)

Article 1 of the Convention. Discrimination based on sex, race or colour. Migrant workers. In its previous comments, the Committee asked the Government to provide information: (1) on any ongoing revision to Regulation No. 90/2009 regarding domestic workers, cooks, gardeners and similar workers, as amended in 2011, as well as on the activities of the Non-Jordanian Domestic Worker Committee; (2) steps taken to address discrimination against migrant workers regarding, in particular, minimum wages; and (3) the criteria used to determine the value of the in-kind component of the minimum wage paid to migrant workers under the Collective Agreement in the garment industry, and to supply a copy of the study conducted by the audit company in this respect. Regarding the measures taken to address discrimination against migrant workers with regard to minimum wages, the Committee refers to its comment on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee notes the Government’s indication in its report that a draft amendment to the regulation regarding domestic workers was prepared and adopted by the Council of Ministers but is still to be enacted by Royal Decree, and promulgated in the Official Gazette. The amendments require employers to: (1) pay workers within seven days of the date on which the pay is due, whereas previously, no specific period was identified; and (2) guarantee the confidentiality of the meetings with workers, when labour inspectors examine complaints involving employers and domestic workers. They further prohibit an employer, who has contravened the provisions of the Labour Law or who has violated the rights of a domestic worker, from recruiting or employing another worker for a period determined by the Minister; and authorizes labour inspectors to seek permission from the judicial authorities to investigate a complaint, in the event that an employer refuses them access to the home. The Committee takes note of this information. The Committee recalls however that migrant workers cannot enter the country without being sponsored by an employer and can only change employment after two years and with the explicit written permission from the employer under the sponsorship system (kafala). The Committee asks the Government to: (i) provide information on all steps taken or envisaged to review the sponsorship system so that all migrant workers enjoy effective protection against discrimination on the grounds set out in the Convention, that is, race, colour, sex, religion, political opinion, social origin and national extraction; (ii) provide statistical information on the number of male and female workers who have submitted complaints against their employers or sponsors regarding discrimination and abuse, and the outcome of the cases, indicating whether they have requested and been granted a change of workplace; and (iii) provide information on the progress made in the revision of Regulation No. 90/2009, as well as on the activities of the Non-Jordanian Domestic Worker Committee.

Articles 2 and 3. Equality of opportunity and treatment for men and women. Workers with family responsibilities. In its previous comments, the Committee asked the Government to consider amending sections 67 and 72 of the Labour Law – which provide, respectively, for unpaid leave of one year for women to raise their children, and childcare facilities for children under 4 years of age in enterprises with at least 20 women workers – so as to guarantee equality of opportunity and treatment for men and women, and to provide information on the progress made in this regard. The Committee notes with interest that section 72 of the Labour Law (Amendments) Act No.14, of 2019, provides that an employer is required to establish childcare facilities in the workplace, which would benefit the workers who have children under 5 years of age, provided that the number is less than 15 children. The Committee also notes that under section 66 new fathers are entitled to have three days leave from work with full pay after the birth of a child whereas the Labour Law previously made no provision for paternity leave. The Committee notes, however, that section 67 has not been amended and still grants to women only the right for leave without pay for one year to take care of their children. The Committee encourages the Government to take the necessary measures to amend section 67 of the Labour Law to guarantee that parental leave benefit both men and women, and to provide information on the progress made in this regard. It also asks the Government to: (i) indicate the measures taken to promote the reconciliation between work and family responsibilities, both in the public and private sectors; and (ii) provide information on awareness-raising activities undertaken, including among workers, employers, and their respective organizations, to address stereotyped assumptions that the main responsibility for family care lies with women.

Access of women to employment. The Government indicates that following the 2019 amendments to the Labour law, the flexi-work arrangements, including flexible hours, part-time jobs and teleworking have been endorsed to facilitate women’s equal access to the labour market and reduce withdrawal from it. The Committee notes the Government’s reference to the National Strategy for Women (2020–2025) that aims to promote the social, economic and political rights of women and girls in Jordan, through enhanced representation and leadership in decision-making positions, as well as by fostering an enabling environment free of gender-based discrimination. The Committee notes that according to the 2020 Global Gender Gap Report published by the World Economic Forum, female labour force participation reached 15.1 per cent compared with 67.4 per cent for men in 2020. It also notes that according to the Decent Work Country Programme for Jordan 2018-2022, the majority of employed women work in education (40.6 per cent), human health and social work (14.5 per cent), and public administration and defence industries (12.8 per cent). The Committee notes that within the framework of the Jordan Vision 2025, the Government aims to raise women’s participation in the labour market from 15 per cent in 2014 to 27 per cent by 2025. The Committee asks the Government to provide information on the concrete measures taken to implement the National Strategy for Women (2020–2025) and Jordan Vision 2025, in terms of the promotion of women’s employment, in particular in occupations traditionally carried out by men and in occupations offering career prospects. Please provide statistical information disaggregated by sex, on the employment of men and women in the various occupations and sectors of economic activity, in order to assess progress made over time.

Access of women to the public service. From the statistical information provided by the Government, the Committee notes that, in 2019, of the total number of women working in the civil service, 17 women occupy high leadership positions, 45 per cent are in management positions and 47 per cent have the status of civil servants. According to these statistics, the recruitment of women has slightly increased from 55 per cent to 56 per cent from 2010 to 2019, whereas the recruitment of men has slightly decreased from 45 per cent to 44 per cent. The Government states that all appointments are made based on established criteria, which include equality of opportunity, fairness and transparency, and that a Ministerial Circular from 2018 provides that the gender of the candidate sought for a vacant position shall not be specified in order to prevent negative practices during the recruitment and to prohibit discrimination in the public sector. The Committee notes from the Jordan National Report submitted in 2019 for Beijing+25, that a study on the status of women in the civil service revealed that in 2015 women made up 7 per cent of the employees in the top category/second group, 51 per cent of the employees of the first category, 56 per cent of the employees of the second category, 24 per cent of employees of the third category and 29 per cent of employees under systems contracts and project contracts. The Government also adds, in the Beijing+25 report, that the total percentage of women in the public sector reached 45 per cent and that it reaches 56 per cent in the ministries of education and health (this percentage decreased to 24 per cent if those ministries were excluded). According to the same Report: “the percentage of female judges increased from 176 (17.5 per cent) in 2015 to 215 (22 per cent) in 2018 and is expected to rise to 25 per cent. Women hold high position in the judiciary as judges in the Court of Cassation, members of the Judicial Council, and chairs of the Court of Appeal bodies. The percentage of women in the Cabinet in 2018 reached an unprecedented 24 per cent. In the Senate, where this percentage reached 15.3 per cent, two women chair Standing Committees: the Labour and Development Committee and the Women’s Committee. The percentage of female diplomats in the Ministry of Foreign Affair amounts to 18.8 per cent. There are still positions not accessible to women, such as membership of the Constitutional Court, Sharia Courts, or Church courts because of cultural heritage that does not open some professions to women” (page 6). The Committee notes the progress achieved in women representation to a certain number of decision-making positions in the public service. The Committee asks the Government: (i) to provide information on the measures taken to actively encourage girls and women to choose non-traditional fields of study and professions and reduce girls’ early dropout from school; and (ii) to provide updated statistical information, disaggregated by sex, on the employment of men and women in the various posts and occupations of the public sector, including in the judiciary.

Vocational training. In response to the Committee request for information on the measures taken to promote women’s participation in vocational training, including in remote areas, the Government indicates that: (1) 38 national vocational training centres have been established, within the framework of the National Strategy 2016–2025 on training; and (2) that many vocational training centres have exempted their participants from training/transportation fees, in order to encourage women to enrol. In 2019, 4,235 graduate men and 1,188 graduate women were provided training classes in different economic activities. Moreover, within the framework of the Employment Promotion Programme (EPP) with the Ministry of Labour, 20 women were trained in 2018 on recycling, 696 girls on early childhood skills, and 60 graduates were trained and employed in various information communication technology (ICT) fields. The Committee asks the Government to continue to provide statistical information disaggregated by sex, on the participation of men and women in vocational training courses, as well as on the number of men and women who have secured employment after completing the training courses, including especially those jobs with opportunities for advancement and promotion traditionally held predominantly by men. 

Cooperation with workers’ and employers’ organizations. The Committee asks the Government to provide information on any additional cooperation with workers’ and employers’ organizations as regards discrimination in employment and occupation, including any training undertaken or envisaged among workers and employers, and their organizations on the anti-discrimination provisions.

Monitoring and enforcement. The Government indicates that, in 2019, it has provided 52 training courses for 540 labour inspectors to better identify and address issues related to discrimination in employment and occupation. Concerning the enforcement of Regulation No. 90/2009 regarding domestic workers, cooks, gardeners and similar workers, the Government indicates that, in 2019, the Labour Inspection Directorate received 621 complaints related to cases of abuses and 509 were dealt with amicably; warnings were issued against 50 recruitment agencies; and 6,444 transfers of migrant domestic workers to new employers took place. The Committee notes that the statistical data provided do not indicate the nature of the complaints and shows that very few cases gave rise to judicial decisions and to sanctions being imposed. The Committee requests the Government to provide information on the number and nature of complaints relating to cases of discrimination in employment and occupation submitted by migrant workers, including domestic workers, and to include information on any remedies provided or sanctions imposed.