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1. Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in August 2008 in reply to the direct request of 2005. The Committee observes that the principal objective of the National Reform Agenda, adopted in November 2005, is to improve the quality of life of Jordanian nationals through the creation of income-generating opportunities, the improvement of living standards and guaranteeing social protection. It also notes the objectives of the ILO Decent Work Country Programme (DWCP) in Jordan for the period 2006–09. The Committee requests the Government to provide information on the manner in which the National Reform Agenda and the DWCP have contributed to “the improvement of standards of living” which shall be regarded “as the principal objective in the planning of economic development” (Article 2 of the Convention).
2. Part IV. Remuneration of workers. In reply to the previous comments on the application of Article 12, paragraphs 2 and 3, of the Convention, the Government refers once again to the Labour Code of 1996 which, in section 46(1), provides that an employer may not make any deduction from wages that is not authorized by the Labour Code. In accordance with section 47(1) of the Labour Code, the employer may only make deductions from wages in respect of advances made by the employer where such deductions do not exceed one tenth of the amount of the wages. The Committee recalls that to give full effect to Article 12 of the Convention, the Government has to take measures to limit the amount of advances which may be made to a worker in consideration of his taking up employment and to clearly explain to the worker the amount of advances permitted (Article 12, paragraph 2), and make legally irrecoverable any advance in excess of the amount laid down by the competent authority and prevent this advance from being recovered by the withholding of amounts of pay due to the worker at a later date (Article 12, paragraph 3). Please provide updated information on any measure adopted to give full effect to Article 12 of the Convention.
1. Parts I and II of the Convention. Improvement of standards of living. The Committee takes due note of the information provided by the Government’s report received in August 2003 on the programme designed to achieve balanced regional development, the programme aimed at promoting economic and social productivity in relation to the development of rural communities and the promotion of productivity and infrastructures for supporting investment. It asks the Government to keep providing, in its next report, information on the measures taken to ensure that the general principles and the basic aims of the Convention remain a key component of its poverty reduction strategy. Please also refer to the comments formulated in relation with the application of the Employment Policy Convention, 1964 (No. 122).
2. Part IV. Remuneration of workers. In reply to previous comments, the Committee notes the Government’s indication contained in the report received in August 2003 that a tripartite committee to fix minimum wages, provided for in section 52 of the Labour Code, was created in 1999 and issued, in 2002, an order establishing the minimum wage at 85 dinars. This new minimum wage entered into force on 1 January 2003. The Government also indicates that section 54 of the Labour Code specifies the method by which wages are determined in order to examine any cases relating to this matter that could be brought before the courts (Article 10, paragraph 2, of the Convention).
3. Article 11. In reply to the Committee’s previous comments, the Government refers to the definition of wages contained in section 2 of the Labour Code and indicates that section 810 of the Civil Code specifies that a worker’s wages are earned by virtue of a contract whether in cash or in benefit. While the law does not provide for the type of currency in which wages should be paid, the Government specifies that it is customary for wages to be paid in legal tender or directly paid to every worker since it obliges employers to keep registers on wages, in conformity with the decree on registers and section 8 of the Labour Code. Section 5 of the decree on registers provides that the worker has to sign himself/herself upon receipt of wages. With respect to the restrictions on wages in kind, the Government explains that while the law specifies the possibility of paying wages in kind, it should be sufficient and equivalent to its monetary value, and no less than the minimum wage of 85 dinars.
4. Article 12, paragraphs 2 and 3. The Government further indicates in its last report that the Ministry of Labour shall monitor the conditions specified in Article 12 of the Convention, by examining the internal statutes of enterprises on this issue. In this regard, the Committee recalls that Article 12 provides that the maximum amounts of advances on wages, including those which may be made to a worker in consideration of his taking up employment, shall be regulated by the competent authority. Moreover, this authority shall make legally irrecoverable any advance made in excess of the amount laid down. The Committee asks the Government to indicate in its next report the measures taken to give full effect to these provisions of the Convention.
Article 10, paragraph 2, of the Convention. The Committee notes the Government's indication that, although section 52 of the Labour Code specified the manner for the creation of a committee to fix minimum wages in general or for a particular region, no such committee has yet been established. The Committee reminds the Government that Article 10, paragraph 2, of the Convention requires that necessary arrangements should be made to fix minimum wages where no adequate mechanism exists for doing so by collective agreements. The Committee hopes that the Government will take measures to ensure the full application of sections 52-54 of the new Labour Code, in particular by ensuring the establishment and operation of a tripartite committee responsible for fixing a minimum rate of remuneration. It also hopes that the Government will provide information on the committee that has been established accordingly, and on the minimum wages fixed under the aforementioned provisions of the new Labour Code.
Article 11. The Committee notes the Government's reference to the new Labour Code concerning wages and protection of wages (section 2 and Chapter 7) and to the provisions of the Civil Code concerning payment of wages (section 336, etc.). The Committee notes, however, that the above provisions do not refer to the measures requested by Article 11 of the Convention as concerns, for instance: (i) payment in legal tender; (ii) direct payment to the individual worker; (iii) restrictions on the payment in kind such as food, housing, clothing, etc. The Committee hopes that the Government will take measures to give full effect to this Article.
Article 12, paragraphs 2 and 3. The Committee notes the Government's reference to section 47, paragraph (a), of the Labour Code which allows deductions from wages for the recovery of advances, provided that no single deduction exceeds 10 per cent of the wages. The Government further states that the amount of advances which may be paid by the employer to the worker is determined by an agreement between them and that these matters may be regulated in the internal statutes of enterprises. The Committee again wishes to point out that these provisions are insufficient to fulfil the specific requirements of Article 12 of the Convention. It recalls that this Article provides that, in addition to the manner of repayment of advances on wages, the maximum amounts of advances on wages, including those which may be made to a worker in consideration of his taking up employment, shall be regulated by the competent authority (paragraph 2). Moreover, this authority shall make legally irrecoverable any advance made in excess of the amount laid down (paragraph 3). The Committee hopes that the Government will take measures to give full effect to these provisions of the Convention.
Further to its previous comments, the Committee notes the information supplied with the Government's report. In particular, it notes with interest that the new Labour Code (Act No. 8 of 1996 dated 16 April 1996) was adopted as a means of improving workers' protection by a fair set of labour standards. The Committee requests the Government to supply information on the following points.
Article 10, paragraph 2, of the Convention. With reference to the previous direct request, the Committee notes the provisions of sections 52 to 54 of the new Labour Code, which provides for the establishment of a tripartite committee responsible for fixing a minimum rate of remuneration. The Committee notes that these provisions set forth the basis for fulfilling the requirements of Article 10, paragraph 2, under which necessary arrangements should be made to fix minimum wages where no adequate mechanism exists for doing so by collective agreement. The Committee requests the Government to supply further information on the committee established and the minimum wages fixed under these provisions of the new Labour Code.
Article 11. Further to the previous comments, the Committee notes that sections 46(a) and 47 of the Code prohibit the unauthorized deductions from wages and enumerates the reasons for which deductions may be made, in accordance with Article 11(8)(b) of the Convention. It recalls however that, regarding payment of wages, Article 11 of the Convention also calls for other measures to ensure, for instance, payment in legal tender, direct payment to the individual worker, restrictions on the payment in kind (food, housing, clothing and so on), concerning which the new Labour Code contains no provision. The Committee asks the Government to indicate the measures taken to give full effect to this Article.
Article 12. The Committee notes that section 47(a) of the Code allows deductions from wages for the recovery of advances, provided that no single deduction does not exceed 10 per cent of the wages. It points out, however, that these provisions are insufficient to fulfil the specific requirements set forth by this Article, namely, to take necessary measures (i) to regulate the maximum amounts of advances on wages, including those which may be made to a worker in consideration of his taking up employment, and (ii) to make legally irrecoverable any advance made in excess of the amount laid down. The Committee therefore requests the Government to take measures to give effect to this provision of the Convention.
Article 15, paragraphs 1 and 2. The Committee notes with interest that section 73 of the new Labour Code prohibits the work of children under sixteen years of age except under the vocational training contracts. It also notes the Government's indication in the report that compulsory education is usually finished at 16 years of age. The Committee requests the Government to supply information on the application in practice of the provisions of the Code concerning vocational training, with particular reference to the minimum age for concluding a vocational training contract. It also requests the Government to supply a copy of the decisions defining dangerous work prohibited for minors under 17 years of age by virtue of section 74 of the Code. The Committee would be grateful if the Government would supply information on the practical application of these provisions of national legislation concerning the compulsory education and the minimum age for employment.
Article 15, paragraph 3. The Committee notes that the provisions of section 75 of the new Labour Code limits the working hours for minors (aged 7 or older and younger than 18 years old) to six hours a day, and prohibits their working between 8 p.m. and 6 a.m. and on holidays or weekly rest-days. However, such provisions do not give effect to this provision of the Convention, under which the employment of school-age children during school hours should be prohibited where educational facilities are available. The Committee requests the Government to take measures to prohibit the employment of children below the school-leaving age during school hours.
The Committee notes the Government's indication that the draft Labour Code has been submitted to the Parliament, and that the Government is not in a position to intervene at this stage. Recalling the comments made on the following Articles of the Convention for a number of years, the Committee hopes that full effect will soon be given to these provisions either by the enactment of the new Labour Code or by other means.
Article 10, paragraph 2, of the Convention. With reference to the previous direct request, the Committee notes the Government's reference to the rule of supply and demand that determines the wages and to the respect of the wage structure in any establishment. The Government also refers to section 7 of the present Labour Code, which provides that the provisions of the Code should be without prejudice to the workers' rights under any contract or agreement. The Committee points out that these indications do not meet the requirements of Article 10, paragraph 2, under which necessary arrangements should be made to fix minimum wages where no adequate mechanism exists for doing so by collective agreement. The Committee again requests the Government to indicate whether any measures have been taken to fix the minimum wage in accordance with the provisions of section 24 of the present Labour Code, and whether the scope of any minimum wage fixed by collective agreement has been extended to the area or to the trade or occupation by virtue of section 23(2) of the Labour Code.
Article 11. Further to the previous comments, the Committee notes the Government's reference to the Regulation on Registers No. 3 of 1963, which obliges the employer to maintain the details of the employees, their wages and the mode of wage payment. It recalls that, regarding payment of wages, Article 11 of the Convention also calls for other measures to ensure, for instance, direct payment, restrictions on the place of payment and on deductions, and asks the Government to indicate the measures taken to give full effect to this Article.
Article 12. The Committee notes the Government's reference to the provisions of the Civil Code that prohibit anybody from profiting at the expense of others without a valid reason (illegitimate profit). The Committee points out that these provisions are insufficient to fulfil the specific requirements set forth by this Article, namely, to take necessary measures (i) to regulate the maximum amounts of advances on wages, including those which may be made to a worker in consideration of his taking up employment, and (ii) to make legally irrecoverable any advance in excess of the amount laid down. The Committee therefore requests the Government to take measures to give effect to this provision of the Convention.
Article 15, paragraph 2. The Committee notes the Government's indication that the draft Labour Code prohibits the work of children under 15 years of age and that the period of compulsory education lasts for ten years. The Committee asks the Government to indicate at what age such compulsory education is usually finished.
Article 15, paragraph 3. The Committee notes that the provisions of section 48(3) of the present Labour Code limits the working hours for a child (younger than 16 years old) to six hours a day, and that section 48(4) prohibits a child working in more than one establishment on any day. However, such provisions do not give effect to the requirements of the Convention. The Committee requests the Government to take measures to prohibit the employment of children below the school-leaving age during school hours.
Article 10, paragraph 2, of the Convention. With reference to the previous direct request, the Committee notes the Government's indication in its report that the minimum rates of wages are fixed in the collective agreements concluded in accordance with the Labour Code. It points out that the fixing of minimum wages by collective agreements, which should be encouraged, is covered by Article 10, paragraph 1, and that its paragraph 2 requires necessary arrangements to fix minimum wages where no adequate mechanism exists for doing so by collective agreement. The Committee requests the Government to indicate whether any measures have been taken to fix the minimum wage in accordance with the provisions of section 24 of the Labour Code, and whether the scope of any minimum wage fixed by collective agreement has been extended to the area or to the trade or occupation by virtue of section 23(2) of the Labour Code.
Article 11. Further to the previous comments, the Committee notes the Government's reference to a draft Labour Code, and in particular to its section 67 garanteeing wage payment in legal tender, and at regular intervals. It recalls that, regarding payment of wages, Article 11 of the Convention also calls for other measures to ensure, for instance, keeping of registers, direct payment, restrictions on the place of payment and on deductions, and asks the Government to provide a copy of the said draft.
Article 12. The Committee notes the Government's repeated reference to sections 25 and 26 of the Labour Code. It would reiterate that these provisions of the Code provide for no measures (a) to regulate the maximum amounts of advances on wages, including those which may be made to a worker in consideration of his taking up employment, or (b) to make legally irrecoverable any advance in excess of the amount laid down. The Committee therefore requests the Government to take measures to give effect to this provision of the Convention, perhaps by inserting necessary provisions to the above-mentioned draft Labour Code.
Article 15, paragraph 2. The Committee notes the Government's reference to Act No. 27 of 1988 concerning education and teaching. It notes that, according to the Government's report on Convention No. 142, the stage of basic education lasts for 10 years, to which children are admitted at the age of 6 years. The Committee requests the Government to state whether the entire period of the basic education is compulsory and, if not, to specify the school-leaving age at which a child normally terminates the compulsory education. As to the minimum age for employment, the Committee asks the Government to indicate the extent to which recourse is made to the provision of section 48(2) of the Labour Code permitting employment of a child who has attained 13 but not yet 16 years of age with a medical certificate.
Article 15, paragraph 3. The Committee notes that the provisions of section 48(3) of the Code, which limits the working hours for a child (younger than 16 years old) to 6 hours a day, and of section 48(4), which prohibits a child's working in more than one establishment on any day, do not give effect to this provision of the Convention. It requests the Government to take measures to prohibit the employment of children below the school-leaving age during school hours.