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Comments adopted by the CEACR: Jordan

Adopted by the CEACR in 2021

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Reforms affecting the labour inspection system. Legislation. The Committee notes the Government’s statement in its report regarding the necessity to amend occupational safety and health (OSH) regulations, particularly in light of continuous industrial developments and changes in the labour market. The Government indicates in this regard that the Ministry of Labour is in the process of formulating and adopting OSH regulations and instructions. According to information from the ILO Decent Work Team for Arab States, other amendment processes are also ongoing. In addition, the Committee notes that, as envisaged under the Decent Work Country Programme 2018–22 for Jordan (DWCP 2018–22), the Government is receiving technical assistance from the Office, to move from a typical enforcement model to a strategic compliance model that is proactive and evidence-based. The Committee requests the Government to provide further detailed information on the progress and impact of any reforms affecting the functioning of the labour inspection system, including on any piece of legislation adopted in this context. The Committee also requests the Government to provide up-to-date information on the legislative framework governing the functioning of the labour inspectorate and the powers of labour inspectors, and to provide a copy of the applicable legislation once reforms have been completed.
Articles 7, 10 and 11 of the Convention. Training for labour inspectors and human and material resources of the labour inspectorate. The Committee previously requested information on the training provided to labour inspectors. In this regard, the Committee notes the Government’s indication that measures taken to encourage labour inspection include aligning the skills of labour inspectors with the realities of the labour market, and holding local and regional training courses. In this respect, the Committee notes that, in 2020, 107 labour inspectors underwent training sessions conducted by Better Work Jordan on a range of topics. In addition, the Committee notes that a number of labour inspectors underwent training on the ILO approach to strategic compliance model planning in 2018. In response to the Committee’s comments on the material resources and transport facilities available to inspectors, the Government also indicates that an online inspection system has been set up, and that every inspector has an office with computer access, as well as means of transportation to the inspection sites. The Committee observes that, according to the DWCP 2018–22 for Jordan, the overall number of labour and OSH inspectors decreased from 256 in 2016 to just over 200 in 2018. The Government, for its part, indicates that in 2017 the overall number of labour and OSH inspectors was 199, and states that the key to enhancing inspection is through significantly increasing the number of inspectors. The Committee encourages the Government to pursue its efforts towards strategic planning and ensuring that the labour inspectorate has the human resources necessary for the effective performance of its duties. It requests the Government to provide information on the specific measures taken for the recruitment of new labour inspectors, and to continue to provide detailed information on the material resources provided to labour inspectors.
Articles 20 and 21. Annual labour inspection reports. The Committee notes that the annual report on the activities of the labour inspectorate has not been communicated. The Committee encourages the Government to take the necessary measures to ensure that annual labour inspection reports are published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Supervision of working conditions and protection of workers in special economic zones (SEZs). The Committee previously noted that various deficits had been identified in a joint migration and labour inspection audit of the Aqaba Special Economic Zone Authority (ASEZA), and that technical assistance was being implemented in Jordan to improve coordination between labour inspectors inside and outside of the Aqaba SEZ. In the absence of up-to-date information from the Government on this issue, the Committee once again requests the Government to provide detailed information on labour inspection activities undertaken in the SEZs. It requests the Government to include information on the relationship between the ASEZA and the Ministry of Labour, as well as on the number of inspectors assigned to the SEZs, the number of inspections carried out, the number and nature of violations detected, and the sanctions imposed for all such violations.
Article 3(1)(a) and (2). Duties entrusted to labour inspectors in relation to conciliation and the enforcement of immigration law. Following its previous comments on the enforcement of immigration law by labour inspectors, the Committee notes that, according to 2019 statistics provided in the Government’s report regarding inspections, 6,989 decisions of repatriation were issued against migrant workers, and in 1,331 cases, the repatriation of a worker was cancelled by paying a fine. The Committee further notes that the inspectorate detected 3,407 infringements related to section 12 of the Labour Code, addressed to work permits for non-Jordanian workers. The 2019 statistics indicate 250 employer infractions for child labour; there is no data on employer infractions of wage provisions. In addition, the Committee notes the Government’s indication that the functions of labour inspectors include conciliation and settlement in the case of labour disputes.
The Committee recalls that, as indicated in its 2006 General Survey, Labour inspection, paragraph 78, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. It also recalls that, pursuant to Article 3(2) of the Convention, any further duties entrusted to labour inspectors, including enforcement of immigration law and conciliation of labour disputes, shall not be such as to interfere with the effective discharge of labour inspectors’ primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee urges the Government to take the necessary measures to ensure that any additional duties entrusted to labour inspectors do not interfere with the effective discharge of their primary duties. Furthermore, in the absence of such information, the Committee once again requests the Government to indicate the actions undertaken by the labour inspectorate in the enforcement of employers’ obligations towards migrant workers, such as the payment of wages and other benefits, including for workers in an irregular situation and workers liable to deportation or who have already been deported.
The Committee is raising other matters in a request addressed directly to the Government

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2021 concerning matters examined in its previous comments and the continuing anti-union measures against the Jordanian Teachers Association (JTA). The Committee recalls that the ITUC provided observations in this regard in 2020. The Committee also notes the Government’s response.
The Committee notes that the ITUC reports the following anti-union measures against the JTA: (i) the arrest and detention of JTA members (July-August 2020); (ii) the filing of criminal charges against the organization and its president (July 2020); (iii) the closure by the Government of the JTA offices for two years (July 2020), which effectively deprives teachers and education personnel of any representation; (iv) the prohibition by the authorities of the press from covering JTA press conferences (October 2020); (v) the issuance by the Amman court of first instance of a decision authorizing the dissolution of the JTA executive board and imposing one-year prison sentences on the 13 board members for various offences (December 2020); the union leaders were released on bail and the JTA appealed the decision; and (vi) the arrest by security services of 230 teachers who were peacefully demonstrating during the meeting between the JTA deputy director and members of the Parliamentary Education Commission (January 2021).
The Committee notes that, according to the Government, the JTA is a trade union established under the Jordanian Teachers’ Union Act No. 14 of 2011, which deviates from the definition of trade unions contained in section 2 of the Labour Code, and is not therefore subject to the provisions on the functioning of trade unions established in section 98 of the Labour Code. The Government therefore considers that the JTA is not covered by the scope of application of the Convention. The Government further indicates that the suspension of the JTA’s activities and the closure of its offices follow a court decision regarding violations of Act No. 11 of 1993 on economic offences. It adds that an interim committee to manage the union’s administrative and financial affairs during the suspension of its executive board was established to safeguard teachers’ rights, pending a final court decision. The Committee recalls that the rights conferred by the Convention on teaching staff, in particular the right to collective bargaining, require the existence of independent trade union organizations which can freely carry out their activities in defence of the interests of their members without interference by the public authorities. The Committee urges the Government to take the necessary measures without delay to guarantee the right to organize and to bargain collectively in the education sector and to ensure full respect of the independence of workers’ organizations in the sector. The Committee, trusting that the above principles will be fully taken into account by the competent courts, requests the Government to provide information on the outcome of the current court proceedings involving the JTA and on any collective agreement or accord in the education sector, including with the JTA.
The Committee also recalls that it previously noted the observations of the Jordanian Federation of Independent Trade Unions (JFITU), received in August 2017, which referred to general legislative matters and specific cases of anti-union harassment and interference. The Committee notes the information provided by the Government in response to the observations of the ITUC and JFITU.
The Committee also notes that the Committee on Freedom of Association referred to the Committee the follow-up of certain legislative amendments which it recommended the Government to make in Case No. 3337 (see Report No. 393, March 2021, paragraph 571), and which are discussed below.
Articles 1 to 6 of the Convention. Scope of application of the Convention. Foreign workers. In its previous comments, the Committee noted the observations of the JFITU, which were also largely echoed by the ITUC, that although the law was amended in 2010 to allow foreign workers to join unions, it does not permit them to establish unions or to hold union office; and that, in sectors where migrants form the majority of the workforce, the establishment of trade unions and the exercise of the right to collective bargaining is extremely unlikely. The Committee previously asked the Government to indicate how, in practice, foreign workers can enjoy the protection of the Convention, including the right to engage in collective bargaining through organizations of their own choosing. The Committee notes the Government’s indication that: (i) foreign workers have the right to join trade unions and enjoy the benefits of collective labour agreements; (ii) while foreign workers cannot establish or lead their own trade unions, there are no obstacles to their participation in collective bargaining; (iii) the internal regulations of the employers’ organization and the General Federation of Jordanian Trade Unions (GFJTU) may regulate voting matters in executive boards, membership requirements and procedures, the requirements to be met by candidates for election to their executive bodies and election procedure; (iv) one of the country’s largest unions with a large proportion of foreign workers is the General Union of Textile Workers, which has concluded a sectoral collective agreement for the benefit of 75,000 workers; and (v) the General Trade Union of Workers in Public Services and Liberal Professions has concluded collective agreements in the catering and hotel sectors benefiting 104,000 workers, many of them foreign. While noting this information, the Committee observes that the legal incapacity of foreign workers to establish or hold office in trade unions may constitute an obstacle to the autonomous exercise of the rights recognized by the Convention, in particular the right to collective bargaining. The Committee therefore requests the Government to take the necessary measures, including legislative measures, to facilitate the full exercise by foreign workers of the rights recognized by the Convention. It requests the Government to provide information on any progress in this regard. The Committee also requests the Government to continue providing information on the trade unions representing foreign workers and the collective agreements applicable to them.
Domestic and agricultural workers. In its previous observation, the Committee noted with regret that, despite the removal of the explicit exclusion of domestic and agricultural workers from the coverage of the Labour Code, the law and regulations still do not clearly guarantee these workers the rights set out in the Convention, (as section 3(b) of the Labour Code provides that the rules governing the employment conditions of these workers shall be determined by a regulation to be adopted at a later stage) and that this situation is likely to reinforce existing obstacles to the exercise of the right to organize and bargain collectively of foreign workers in those sectors. The Committee notes the Government’s indication that: (i) the law establishes a special legal regime for domestic workers who can join the General Trade Union of Workers in Public Services and Liberal Professions and benefit from the collective agreements concluded in their sector; and (ii) with regard to agricultural workers, work is under way to prepare specific regulations which should enable them to establish or join a representative trade union. Recalling that all workers other than members of the armed forces and the police and public servants engaged in the administration of the State are covered by the provisions of the Convention, the Committee trusts that the Government will adopt without delay the specific regulations for agricultural workers so that they can benefit from the right to organize and bargain collectively set out in the Convention and requests the Government to provide a copy of these regulations. The Committee also requests the Government to provide a copy of the text regulating the rights of domestic workers to which it refers, indicating whether it applies to domestic workers as well as to cooks, gardeners and other similar categories of workers. Lastly, the Committee requests the Government to specify how, under the applicable regulations, the various categories of workers referred to above effectively exercise the rights enshrined in the Convention, by providing, for each category, information on the number of collective agreements concluded and the number of workers covered.
Workers aged between 16 and 18 years. In its previous comments, the Committee requested the Government to amend section 98(f) of the Labour Code to lift the prohibition on minors from joining trade unions, even though they have access to employment from the age of 16, so that they can benefit from the rights set out in the Convention. The Committee notes that in its reply the Government merely reiterates that the legal age for admission to employment is 18 years of age and that minors between 16 and 18 years of age work under special conditions determined by law. However, it specifies that these workers enjoy the same benefits as other workers under collective agreements. The Committee urges the Government to take the necessary measures to amend section 98(f) so as to ensure that minors who have reached the legal age for admission to employment, whether as workers or trainees, are fully protected in the exercise of their rights under the Convention. The Committee requests the Government to provide information on the measures taken or envisaged in this respect.
Workers not included in the 17 sectors recognized by the Government. In its previous comments, the Committee noted the indication that, pursuant to an Order of the Ministry of Labour of 1999, the number of occupations and industries in which workers have the right to establish trade unions is set at 17. In this regard, the Committee noted the ITUC and JFITU’s observations indicating that workers who are not in the Government-designated sectors are not able to engage in collective bargaining through organizations of their own choosing. The Committee notes the list provided by the Government of the 17 sectors in which it recognizes the right of workers to organize for the purposes of collective bargaining. The Committee also notes the Government’s indication that section 98 of the Labour Code has been amended to remove the responsibility for classifying occupations and industries from the Tripartite Labour Committee and assign it to the Minister of Labour, thereby allowing greater flexibility in the reclassification of occupations and industries, and paving the way for the creation of new trade unions. While the Government provides overall figures for the 56 collective agreements concluded in 2019, covering 281,526 workers, the Committee notes that the Government does not specify the occupations included in each of the 17 sectors, the relevant legislation, regulations, or statistical information on the number of workers in each of these sectors, as requested in its previous observation. In view of the above, the Committee is once again bound to express its concern that the current system has the effect of removing entire categories of workers from the rights guaranteed by the Convention. The Committee recalls that the scope of application of the Convention covers all workers and employers, and their respective organizations, in both the private and the public sectors, irrespective of whether or not they are essential services. The only exceptions authorized concern the armed forces and the police, as well as public servants engaged in the administration of the State (see 2012 General Survey on the fundamental Conventions, paragraph 168.). The Committee therefore urges the Government to take all the necessary measures to ensure that no category or group of workers, with the exception of the armed forces, the police and public servants engaged in the administration of the State, can be excluded from the scope of application of the Convention for the exercise of their right to organize and bargain collectively. The Committee also requests the Government to provide information on the Ministry of Labour’s decisions concerning the reclassification of occupations and industries within the meaning of the requirements of the Convention as recalled above. In the meantime, the Committee again requests the Government to provide statistics showing the number of workers in each of the recognized sectors and the total number of workers in the country.
Article 2. Adequate protection against acts of interference. In its previous comments, the Committee requested the Government to amend the legislation with a view to strengthening the penalties in cases of interference, as it considered that the fines provided for in section 139 of the Labour Code could not have a sufficiently dissuasive effect. The Committee also noted the ITUC and JFITU’s allegations that the Government subsidized the remuneration of GFJTU personnel and some of its activities, and that it continued to influence their policies and activities, as well as those of their affiliates. The Committee notes the Government’s response that it refrains from any trade union interference and that the financial resources of the GFJTU and its affiliates come from membership fees, as well as subsidies and donations made in accordance with certified financial rules. With regard to penalties for interference by employers, the Government indicates that it submitted a draft amendment to the Labour Code in 2020, including an amendment to section 139 to increase the penalty from 500 to 1,000 Jordanian dinars (US$1,410). The draft amendment is now reportedly before the House of Representatives. Noting the draft provision to strengthen the penalties for interference indicated by the Government, the Committee requests the Government to provide information on any progress in the adoption of the legislative amendment and on the penalties for interference by employers provided for in the Labour Code as amended.
Articles 4 and 6. Right to collective bargaining. Trade union monopoly. In its previous comments, the Committee noted the observations of the JFITU, which were largely echoed by the ITUC, that it was impossible to establish more than one union in the Government-designated sectors and that the unions in question were required to be affiliated to the single officially recognized federation, the GFJTU, and the limitation of one union per sector serves to prevent independent unions from organizing workers in the recognized sectors and representing their interests in collective bargaining. The Committee also noted that section 98(d)(1) of the Labour Code effectively gives the Tripartite Labour Committee (defined in section 43 of the Labour Code) the authority to determine groups of occupations in which only one general trade union may be established, which appears to authorize the establishment of a de facto trade union monopoly at the sectoral level. In its response, the Government indicates that section 98 of the Labour Code has been amended to remove the responsibility for classifying occupations and industries from the Tripartite Labour Committee and assign it to the Minister of Labour, with the intention of providing greater flexibility for the reclassification of occupations and industries. The Committee firmly recalls its view that the imposition of a trade union monopoly is incompatible with the principle of free and voluntary negotiation established in Article 4 of the Convention. Consequently, and noting in this respect the specific recommendations made by the Committee on Freedom of Association (Case No. 3337, 393rd Report, March 2021, paragraph 559), the Committee urges the Government to take the necessary measures to ensure that more than one trade union can be established in a sector and to permit the effective exercise of the free and voluntary negotiation required by the Convention, and to provide information on any progress in this respect.
Collective bargaining in the public sector. In its previous comments, the Committee requested the Government to provide information on the right to collective bargaining in the public sector, including the relevant constitutional amendments and the draft law on trade unions for public sector employees, and expressed the firm hope that the national legislation would recognize explicitly the right to collective bargaining of workers in the public sector who are not engaged in the administration of the State. The Committee notes the Government’s indication that the Public Service Regulations (No. 9 of 2020) have taken into account in a number of provisions the participation and representation of professional unions in the composition and functions of the Public Service Council (section 6 of the Regulations), as well as the composition of the committees established for the purpose of amending the Public Service Regulations. This regulatory amendment is reportedly intended to ensure their effective participation in the adoption of public policies, plans and programmes for human resources management in the public sector, and in the development of public service legislation and any subsequent amendments. The Government also indicates that the Civil Service Diwan is in regular contact with the professional unions in order to inform them of and involve them in changes to the public service legislation. Finally, the Government indicates that it will establish ministerial committees to examine the professional unions’ demands and proposals. Taking due note of the information provided by the Government and recalling that public servants who are not engaged in the administration of the State must be able to collectively bargain their working and employment conditions beyond mere consultation mechanisms, the Committee trusts that the various measures described will contribute positively to the adoption of legislation or regulations explicitly recognizing the right to collective bargaining in the public sector, and that the Government will soon indicate tangible progress in this regard.
[The Government is asked to reply in full to the present comments in 2022.]

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Formulation and implementation of an active employment policy. The Committee previously requested information on the formulation and implementation of active labour market measures taken under the National Employment Strategy (NES) 2011–20, in consultation with the social partners, as well as on the manner in which employment policy measures are kept under review within the framework of an overall coordinated economic and social policy. The Committee notes that the NES was updated in 2017, in the course of which all factors affecting the labour market, including the Syrian refugee crisis, were examined. The Committee further notes the initial updated form of the NES included a set of measures that regulate migrant workers in all sectors. Moreover, the Ministry of Labour updated its own strategic plan during the reporting period, in consultation with all partners, to arrive at an institutional strategy and employment policies aligned with the Royal Guidelines and governmental guidance. The Committee notes that employment creation is included as a priority of the Decent Work Country Programme (DWCP) 2018–22 for Jordan. The DWCP envisages, among other activities, the implementation of active labour market programmes in collaboration with institutions and social partners, to improve access for jobseekers to the labour market. Noting the expiry of the NES 2011–20, the Committee requests the Government to provide updated information on the results achieved, challenges encountered and lessons learned from its implementation. It further requests the Government to provide a copy of the updated NES and to indicate the manner in which it ensures that the development, implementation, monitoring and review of the updated NES is carried out in consultation with all stakeholders. The Committee further requests the Government to provide information on the nature and impact of the active labour market measures taken in pursuance of the NES, as well as in the context of the DWCP 2018–22.
Impact of COVID-19. The Committee notes that, according to data from the World Bank, the COVID-19 crisis has exacerbated employment challenges, including low labour force participation and high unemployment, particularly among the youth and women. The Committee observes from World Bank data that the employment rate in Jordan stood at 26.3 per cent in the second quarter of 2020, while the unemployment rate stood at 23 per cent in the same quarter. In comparison, according to the ILOSTAT database, the unemployment rate in 2019 stood at 16.8 per cent. The Committee also notes from information published by the World Bank that Jordan’s real GDP growth slowed down to 1.3 per cent in the first quarter of 2020, compared to 2.0 per cent in the same quarter in 2019, and that the economy was projected to contract further by 5.5 per cent during the year. The Committee requests the Government to provide information on the impact of the COVID-19 pandemic on the labour market and the active labour market measures taken, including statistical data disaggregated by sex, age, and economic sector, and on measures taken or envisaged to address the challenges encountered. The Committee also requests the Government to provide information on the lessons learned from the crisis, including on measures taken to promote inclusive employment and decent work for the purposes of prevention, recovery, peace and resilience with respect to crisis situations.
Article 2. Collection and use of labour market information. Employment trends. In its last comments, the Committee requested information on measures taken to improve the national labour market information system, and the manner in which collected data is used in designing, implementing and reviewing employment policy measures. In its response, the Government indicates that the Ministry of Labour relies on several data sources, both national (such as the Department of Statistics and the National Centre for Human Resources Development, which conducts sectoral studies) and data sources provided by international bodies such as the ILO. The Ministry of Labour relies on this data in the design and development of programmes and projects. The Government further indicates that the Labour Market Data Section of the Ministry of Labour engages in data analysis and prepares reports for decision-makers, with recommendations for the design and development of future programmes. The Government also refers to the development of a system to follow-up on and evaluate programmes and projects, which includes the elaboration of studies aiming to assess the impact of projects implemented by the Ministry. The information derived from these studies enables evidence-based decision-making. The Committee requests the Government to continue to provide detailed updated information on the measures taken to improve its labour market information system, and to provide further information on its system to follow-up and evaluate active labour market programmes and projects, including its impact on the design, implementation and review of employment policy measures. Noting the 2018 data provided by the Government on time-related underemployment disaggregated by sex, the Committee further requests the Government to provide complete and updated statistics on the levels and trends of employment, unemployment and underemployment in the country, disaggregated by age and sex.
Education and training. In its previous comments, the Committee requested information concerning the results achieved through implementation of the Jordan National Employment-Technical and Vocational Education and Training (E-TVET) system, its impact on specific groups of workers, and the manner in which the social partners and other concerned stakeholders are consulted with respect to the development, implementation and coordination of education and training. The Committee notes that, in response to its previous comment on the issue of consultation with social partners, the Government refers to the adoption of Law No. 9 of 2019 on the development of vocational and technical skills. Pursuant to section 4 of this Law, the functions of a newly established body, the Vocational and Technical Skills Development Council, include the adoption of the Ministry’s strategies, policies and plans to develop the sector of education and vocational and technical training, and the proposal of draft laws and regulations pertaining to this sector. The Committee observes that the Council’s membership includes representatives from various Ministries and from the private sector in different branches of activity, such as health, commerce, construction and tourism. It is, however, not clear from the report of the Government whether this body is tripartite. The Committee recalls that Article 3 of the Convention requires consultation with the representatives of the persons affected by the measures to be taken and, in particular, representatives of employers and workers. The Committee further notes that the National Employment–Technical and Vocational Education and Training (E–TVET) Strategy expired in 2020. The Committee requests the Government to provide information on the results achieved through the implementation of the E-TVET Strategy, the challenges encountered, the lessons learned and on any plans to renew the strategy. Noting the multiple training initiatives undertaken by the Government over the reporting period, the Committee also requests the Government to continue to provide information on the impact of the education and vocational trainings provided on labour market participation and the implementation of the national employment policy. In addition, the Committee requests the Government to provide further information on the role of the social partners in the consultation process of the Vocational and Technical Skills Development Council in practice.
Specific groups of workers. In its previous comments, the Committee requested the Government to provide information on the results achieved through implementation of the E-TVET, on specific groups, including women, young persons, persons with disabilities, older workers, former inmates and refugees.
1. Women. The Committee notes that, in its concluding observations of 9 March 2017, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) had expressed concern at employment issues faced by women, including high unemployment rates, difficulties in accessing the formal labour markets concentration in low-paid jobs, and persistent gender wage gaps (see CEDAW/C/JOR/CO/6, paragraph 43). In this respect, the Committee notes the Government’s reference to the Production Branch Plant initiative, which extends investments from developing areas to areas where there are pockets of poverty. The initiative provides employment opportunities to unemployed women in areas of high poverty by entering into contracts with investors to set up production branch plants, with support from the Government. The Committee also notes the information provided by the Government on the training of young women in coordination and cooperation with a range of stakeholders. The Government indicates that the training programmes offered focus on activities such as sewing, embroidery, handicrafts and sales, as well as plumbing and maintenance of electrical appliances. The Committee observes, however, that according to data from a 2020 World Bank report, women continue to experience lower labour force participation rates and higher unemployment rates than men, with the unemployment rate of women with bachelor degrees or above standing at 32 per cent in 2019.
2. Youth. The Committee observes from the World Bank report that the unemployment rate of young persons of 15 to 24 years of age reached 40.6 per cent in 2019. In comparison, the ILOSTAT database estimates that the youth unemployment rate stood at 37.3 per cent in the same year, with young women experiencing an unemployment rate of 49.4 per cent, which is more than 10 per cent higher than young men (34.8 per cent). In addition, the ILOSTAT database indicates that the share of the youth not in employment, education or training was of 36 per cent in 2019, with a considerably higher rate for young women (43.8 per cent) than for young men (29.3 per cent). The Committee notes in this context the adoption of the National Youth Strategy 2019–25, which covers, as part of its mission, the promotion of work for youth, as well as projects to encourage entrepreneurship and to support business incubators.
3. Persons with disabilities and refugees. The Committee notes the information provided by the Government in relation to measures to promote the employment of Jordanians and facilitate the participation of refugees in the Jordanian labour market. In addition, the Government refers to measures taken to promote the employment of persons with disabilities, including provision of training, amending the Guide to Employment of Persons with Disabilities, and conducting inspections to monitor the application of Article 13 of the Labour Code on the employment of persons with disabilities.
With regard to women’s access to employment, including in the public service, in occupations traditionally carried out by men and in occupations offering career prospects, the Committee refers the Government to its comments adopted in 2020 under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee also requests the Government to provide further information on measures taken, including in the context of the National Youth Strategy and in response to the COVID-19 crisis, to promote the employment of specific groups of workers, including women and young people, but also rural workers, persons with disabilities, older workers, former inmates, and refugees. The Committee requests the Government to include statistics on the employment rates of these groups of workers disaggregated by sex and age.
Article 3. Consultation with the social partners. The Committee notes that one of the outcomes envisaged under Priority III of the DWCP 2018–22 for Jordan is enhancing the contribution of the social partners to relevant tripartite bodies, such as the Jordan National Employment-Technical and Vocational Education and Training Council and the various skills bodies in different sectors. The Committee requests the Government to provide information on the nature of the measures taken and the results achieved, in the context of the DWCP 2018–22, to improve social partners’ contribution in the activities of the abovementioned bodies. The Committee also requests the Government to provide information on the consultations undertaken in the development, implementation and review of the new employment policy and its measures, in coordination with other economic and social policies. In the absence of up-to-date information on this issue, the Committee once again requests the Government to provide information on the activities of the “tripartite committee” in respect of these policies.

C135 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 2 of the Convention. Facilities for workers’ representatives. In its previous comments, the Committee had noted that the only facility granted by law to workers’ representatives was paid leave of 14 days to attend courses and requested the Government to take the necessary steps to ensure that trade union representatives are granted facilities enabling them to carry out their trade union duties rapidly and efficiently. The Committee recalls that the Workers’ Representatives Recommendation, 1971 (No. 143), lists examples of such facilities: time off from work to attend trade union meetings, congresses, etc.; access to all workplaces in the undertaking, where necessary; access to the management of the undertaking, as may be necessary; distribution to workers of publications and other written documents of the union; access to such material facilities and information as may be necessary to carry out their duties, etc.
The Committee welcomes the Government’s indication that section 107 of the Interim Labour Code of 2010 provides that the Tripartite Committee for Labour Affairs will set down the necessary conditions to enable trade union representatives to carry out their duties. The Committee requests the Government to provide detailed information on the content and outcome of the tripartite consultations held by the Tripartite Committee for Labour Affairs on all matters related to the necessary steps to ensure that trade union representatives are granted facilities enabling them to carry out their trade union duties rapidly and efficiently.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that, in accordance with section 43 of the Labour Code and section 6 of Regulation No. 21 of 2010, which establishes the mandate of the Tripartite Committee on Labour Affairs, tripartite consultations are held within the Tripartite Committee. With regard to labour-related matters, including international labour standards, the Government refers in particular to tripartite consultations relating to questionnaires on Conference agenda items and the re-examination of unratified Conventions and Recommendations to which effect has not yet been given. The Committee notes, however, that the Government does not provide the detailed information requested on the content and outcome of the tripartite consultations held on all international labour matters covered under this Article of the Convention. The Committee therefore requests the Government to provide updated and detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by the Convention: questionnaires relating to Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the competent national authorities (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of Conventions (Article 5 (1)(e)).
In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1 of the Convention. Scope of application.  The Committee recalls its previous comments noting that section 3(b) of the Labour Code, as amended by Act No. 48/2008, provides that agricultural workers, domestic workers, gardeners and cooks are governed by specific regulations. It recalls that Regulation No. 90/2009 governs the situation of domestic workers, cooks, gardeners and similar workers, but that no such regulations have been adopted for agricultural workers. The Committee notes with regret that once again the Government confines itself in its report to reiterating that the Labour Code protects the wages of all workers. The Committee once again recalls that, where specific groups or sectors are governed by special laws or regulations, they should have the same level of rights and protections as other workers, as no provision in the Convention limits its scope with regard to individuals or branches of activity. The Convention applies to “all workers”, and the rule must be that the principle of equal remuneration for men and women shall apply everywhere (2012 General Survey on the fundamental Conventions, paragraph 658). The Committee once again urges the Government to provide detailed information on the manner in which the principle of equal remuneration for work of equal value is applied to groups of workers excluded from the scope of the Labour Code, and particularly domestic workers and agricultural workers.
Articles 1 and 2. Gender pay gap in the private sector.  The Committee recalls the persistent pay gap between men and women, the underlying causes of pay inequality between men and women identified by the study conducted by the National Steering Committee on Pay Equity (NSCPE) and the recommendations emanating from the study, including the need to develop and implement gender-neutral job evaluation methods. The Committee notes the Government’s statement in its report that pay differences between the sexes remain a problem in the labour market, and that the gender pay gap for those with a bachelor’s degree is 41.7 per cent in the private sector and 28.9 per cent in the public sector. The Committee notes the information provided by the Government on the various measures taken to reduce the gender pay gap in the education sector, including the “Stand up with the teacher” campaign, backed up by the National Committee for Pay Equity, in the context of which several awareness-raising activities were undertaken. The Committee notes the information provided by the Government on the distribution of men and women in the various industries and occupations, but notes that the Government has not indicated their corresponding wage levels. The Committee notes that the Government has become a member of the Equal Pay International Coalition (EPIC) launched by the ILO and UN Women in 2017. The Committee encourages the Government to continue taking steps to reduce the gender pay gap in the education sector. It also asks the Government to step up its efforts to address the gender pay gap and its underlying causes and to provide information on the progress achieved in this regard, including on any activities undertaken in cooperation with the social partners or with EPIC. The Committee also reiterates its request to the Government to provide updated statistical information on the distribution of men and women in the various industries and occupations in the private and public sectors, with their corresponding wage levels.
Application of the principle in the public service.  The Committee recalls the persistent occupational gender segregation in the public service and the gender pay gap. It recalls the Government’s previous indication that Regulation No. 3 of 2013 on the selection of civil servants for higher level jobs ensures that appointment to higher level jobs in the public service is made on the basis of competencies and efficiency, irrespective of sex. The Committee notes the Government’s general statement that women occupy senior public roles and that all citizens have the right to compete for senior-level posts whenever they are advertised in the press, irrespective of sex. However, the Committee notes that the Government has once again not provided concrete information to illustrate this statement. The Committee asks the Government to take concrete measures to address the persistent occupational gender segregation in the public service as a means of promoting equal remuneration for men and women for work of equal value, and to provide detailed information on any progress made in this regard. The Committee once again asks the Government to provide information on: (i) the practical application of Regulation No. 3 of 2013, and particularly its impact in improving women’s representation in higher level jobs in the public service; and (ii) to provide data on the representation of women in high-level jobs in the public service.
Article 2. Minimum wages.  The Committee recalls that the minimum wage for Jordanian workers was raised to JOD220 (USD310) in February 2017, but that the Government had indicated that women migrant domestic workers were entitled to a monthly minimum wage of JOD110 (USD155). Recalling the Government’s previous decision to exclude domestic workers and garment workers in the Qualifying Industrial Zone (QIZ) from the minimum wage, it welcomes the Government’s indication that a collective employment contract has been concluded for workers in the garment industry fixing the minimum wage for workers in the industry at JOD220. The Committee also notes the Government’s statement that, although the minimum wage does not apply to migrant workers, they nevertheless receive a wage equivalent to that of Jordanian workers because they are entitled to allowances for accommodation, food and transport, and that the employer bears the cost of charges for their work visa and travel. The Committee’s considers that the right to additional allowances does not in itself imply that migrant workers receive an equivalent wage to Jordanian workers. With regard to foreign domestic workers, the Government states that the domestic worker’s salary rate is set according to the reciprocal agreement with the Government of the worker’s home State, which can sometimes be much higher than the minimum wage. As an example, the Government indicates that the minimum wage for domestic workers from the Philippines is of USD400.  The Committee asks the Government to provide a copy of: (i) the collective employment contract concluded in the garment industry; and (ii) a reciprocal agreement concluded with the home country of a typical foreign domestic worker, for example the reciprocal agreement concluded with the government of the Philippines, and a list of the salary rates agreed upon with other countries. Further, noting that it is still unclear whether domestic workers are covered by the national minimum wage, the Committee asks the Government to indicate how it is ensured that the elements of payments in kind (such as allowances for accommodation, food, transport, etc.) are fairly and objectively valued.
Article 3. Job evaluation methods.  The Committee recalls that the Strategic Plan 2017–19 included a project to study pay for specific functional posts in the civil service in comparison with the private sector, including the wages of men and women, with the aim of wage harmonization in the public and private sectors. The Committee recalls the Government’s explanations that different criteria are taken into account for this comparison, including the individual worker’s performance evaluation process, and it reminded the Government that objective job evaluation aims to measure the relative value of jobs with varying content on the basis of the work performed and not the worker (2012 General Survey on the fundamental Conventions, paragraph 696). Noting that the Government has not replied to its previous requests on this subject, the Committee once again asks the Government to provide information on any study undertaken on pay in the civil service, and to indicate the methods used in determining the job classification and corresponding salary scales. The Committee once again asks the Government to indicate the measures taken to promote the use of objective job evaluation in the private sector, as also recommended by the NSCPE legal review in 2013.
Enforcement.  The Committee notes the Government’s indication that labour inspectors have received training on the collective agreement and the unified contract for workers in private schools. It notes however that no further information has been provided with regard to its previous requests. The Committee therefore asks the Government to: (i) take steps to raise awareness among workers, employers and their organizations, as well as labour inspectors and other public officials, of the principle of equal remuneration for men and women for work of equal value, and provide information in this respect; and (ii) provide information on any action taken to remedy violations detected by or brought to the attention of labour inspectors regarding unequal remuneration.

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(a) of the Convention. Additional allowances in the public service. The Committee recalls that section 25(b) of Regulation No. 82 of 2013 concerning the Civil Service provides that a family allowance is granted to a married man and in exceptional cases to a woman (if her husband is incapacitated, or if she supports her children or is divorced and does not receive a child allowance for her children below 18 years of age), which constitutes direct discrimination with respect to remuneration contrary to the Convention (see the General Survey on the fundamental Conventions, 2012, paragraph 693). The Committee notes the Government’s indication, in its report, that the family allowance does not discriminate on the basis of sex but is paid to the “breadwinner” of the family, whether male or female. In that regard, it wishes to point out to the possibility of allowing both spouses to choose who would benefit from such allowances, rather than starting from the principle that they should systematically be paid to the main “breadwinner”, and only in exceptional situations to the other spouse. The Committee recalls that it has been raising this issue since 2001, and it asks the Government to clarify whether the wording of section 25(b) of Regulation No. 82 of 2013, expressly grants the family allowance to the main “breadwinner”, whether male or female. If the provision presumes that the man is the “breadwinner” and that women are entitled to the family allowance in exceptional circumstances only, the Committee urges the Government to take steps without delay to amend the Regulation and to ensure that women and men are entitled to all allowances, including the family allowance, on an equal basis. The Government is asked to provide a copy of Regulation No. 82 of 2013.
Article 1(b). Equal remuneration for work of equal value. Legislation.  Since 2001, the Committee has been drawing the Government’s attention to the need to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. It previously welcomed the recommendations of the legal review undertaken by the National Steering Committee for Pay Equity (NSCPE) and the July 2013 workshop to amend the provisions of the Labour Code of 1996, and its related Interim Act of 2010, recommending equal remuneration for men and women for work of equal value - “including work of a different type”, and made reference to the use of objective job evaluation methods to determine whether jobs are of equal value. The Committee notes the Government’s statement that section 2 of the Labour Code has been amended to include the concept of wage discrimination based on sex. The Government indicates that a penalty of up to 1,500 Jordanian dinars (JOD) can be imposed for violations of the provision. The Committee notes with satisfaction that section 2 of the Labour Code (Amendments) Act No. 14, 2019, defines non-discrimination in relation to wages as the application of the principle of equal remuneration for work of equal value regardless of gender. The Committee requests the government: (i) to provide information on the application of section 2 of the Labour Code (Amendments) Act No. 14, 2019, in practice, including on the number and nature of violations found by the labour inspectors; and (ii) to indicate how it is ensured that it permits a broad comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value.
The Committee is raising other matters in a request addressed directly to the Government.

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Protection of workers against discrimination. Legislation. The Committee previously asked the Government to provide information on the steps taken to implement the recommendations of the legal review of the National Steering Committee for Pay Equity (NSCPE) as they relate to the Convention with a view to explicitly defining and prohibiting direct and indirect discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention in all areas of employment and occupation, and covering all workers. The Committee recalls that there is no provision in Labour Law No. 8 of 1996 explicitly defining and prohibiting direct and indirect discrimination based on all the grounds enumerated in Article 1(1)(a) of the Convention. Noting that the report does not provide information in this regard, the Committee wishes to recall that, when legal provisions are adopted to give effect to the principle of the Convention they must include, as a minimum, all the grounds of discrimination listed in Article 1(1)(a) of the Convention (2012 General Survey on the fundamental Conventions, paragraph 853). The Committee therefore urges the Government to take the necessary measures without delay to amend the Labour Law No. 8, 1996, in order to: (i) prohibit direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation; and (ii) cover all categories of workers, in both the formal and informal economies, including domestic workers. The Committee also asks the Government to provide information on any progress made in this regard.
Article 1(1)(a). Discrimination based on sex. Sexual harassment. Regarding the adoption of a definition and prohibition of both quid pro quo and hostile environment sexual harassment, the Committees notes the Government’s indication in its report that in 2019 a guide to raise awareness of sexual harassment in the workplace was developed by the social partners and the labour inspectorate. The guide includes a definition of violence and sexual harassment in the workplace, indicates the forms that they can take and the mechanisms for dealing with them, in particular by employers, with emphasis on the employer’s responsibility to provide a safe and adequate work environment. The Government also refers to: (1) the preparation and adoption of a guiding policy relating to protection against violence and harassment in the world of work under which employers undertake to provide a safe and healthy work environment that is free from all forms of violence, threats of violence, discrimination, harassment, intimidation and any other abusive behaviour; and (2) the introduction of a special clause into enterprise rules requiring them to adopt a policy on protection against violence and harassment in the world of work, in the absence of which the internal rules will not be validated by the labour inspectorate. The Committee notes that section 28(i) of the Labour Law provides that the employer may discharge the employee without notice if the employee physically assaults or humiliates the employer, the manager in charge, one of his superiors, any employees or any other person during work. Section 29(f) also provides that the employee may leave work without notice and still retain “his” legal rights for the termination of service as well as damage compensation if the employer or his or her representative physically or verbally assaults him or her during work. The Committee wishes to draw the Government’s attention to the importance of using gender-neutral terminology to avoid perpetuating stereotypes. It further notes that sections 296 to 299 of the Penal Code (Law No. 16 of 1960) establish a penalty of imprisonment in the event of “sexual assault”, “indecent flirting or behaviour” offences, “immoral conduct” and “immoral conduct in public places”, but do not provide a clear definition of sexual harassment. The Committee further notes the Government’s indication that the National Committee on Women’s Affairs is working on a number of amendments to the Labour Law aiming to introduce an obligation on employers to develop an anti-harassment policy at the workplace. In the absence of a comprehensive definition and prohibition of sexual harassment in the Labour Law, the Committee recalls the importance of taking effective measures to prevent and prohibit sexual harassment in employment and occupation (2012 General Survey, paragraph 789). The Committee therefore asks the Government to: (i) step up its efforts to ensure that a comprehensive definition and a clear prohibition of both forms of sexual harassment in employment and occupation (quid pro quo and hostile work environment) is included in the Labour Law and to ensure the use of gender-neutral language; (ii) continue taking preventive measures, including awareness-raising initiatives on sexual harassment in employment and occupation and on the social stigma attached to the issue, for workers, employers and their respective organizations, as well as law enforcement officials, specifying the procedures and remedies available; and (iii) provide information on the number, nature and outcome of any complaints or cases of sexual harassment in employment and occupation detected by labour inspectors and dealt with by the courts or any other body.
Article 5. Special protection measures. Restrictions on women’s employment. The Committee previously asked the Government to take the opportunity of the ongoing legislative review process to amend section 69 of the Labour Law and Ordinance No. 6828 of 1 December 2010 to ensure that any restrictions on women’s employment are limited to maternity in the strict sense, and are not based on stereotypical perceptions of the capabilities of women and their appropriate role in society, which would be contrary to the Convention and constitute obstacles to the recruitment and employment of women. The Government indicates that a Bill amending the Labour Law, including section 69, was submitted to the Chamber of Deputies for adoption and that it is still before Parliament. The Committee asks the Government to review its approach to restrictions on women’s employment and to take the necessary steps to ensure that section 69 of the Labour Code and the corresponding Ordinance No. 6828 are modified so that any restrictions on the work that can be done by women are limited to maternity protection in the strict sense, and are not based on stereotypical assumptions regarding their capacity and role in society. It asks the Government to provide information on any progress made in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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.

C185 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes that the 2016 amendments to the Annexes of the Convention entered into force for Jordan on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organisation (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in SIDs from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303.The Committee notes that no steps have so far been taken by the Government to implement the provisions of the Convention, as amended. The Committee recalls in this regard the Resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006), whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. The Committee notes that these problems have profoundly increased as a result of the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic. The Committee hopes that the Government in the near future will adopt the necessary measures to give full effect to all the provisions of the Convention, as amended. It requests the Government to provide detailed information on such measures, including a copy of the applicable national provisions. The Committee also requests the Government to supply a specimen of a SID compliant with the Convention as soon as it becomes available. The Committee reminds the Government of the possibility to avail itself of the Office technical assistance.
Article 1, paragraphs 1 and 2 of the Convention. Scope of application. The Committee notes that sections 2 of Regulations of 2003 on Standards of Training, Certification and Watch keeping for Seafarers (Resolution No. 1) provides that seafarer means “any person working on board a vessel of all ranks or categories” and seaman means “a member of the ship’s crew other than the master or an officer”. The Committee further notes that section 131 of the Jordanian Maritime Commercial Law of 6 May 1972 (JMCL) provides that seaman is “any person employed on board a ship to undertake a sea voyage”. The Committee recalls that under Article 1(1) of the Convention the term “seafarer” means any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation. Referring to its comments under article II of the MLC, 2006, the Committee requests the Government to ensure that all seafarers can benefit from the protection provided by Convention No. 185.
Articles 2 to 7. Seafarers’ identity documents (SIDs). Implementation. The Committee notes the detailed information provided by the Government in its report concerning the issuance of seafarers’ book to facilitate the movement of seafarers abroad and authenticate seafarers’ maritime service. The Committee notes, however, that seafarers’ book do not conform to the requirements of the Convention. The Committee accordingly requests the Government to adopt the necessary measures to issue SIDs in conformity with the requirements of the Convention.

MLC, 2006 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the Government has previously ratified one maritime labour Convention, the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), which have been denounced as a consequence of the entry into force of the MLC, 2006, for Jordan. It also notes that Jordan has not submitted a declaration of acceptance of the amendments to the Code of the Convention adopted in 2014 by the International Labour Conference and is therefore not bound by these amendments. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 entered into force for Jordan on 8 January 2019. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.
Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers' Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020 respectively, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 on this issue.
Article I of the Convention. General questions on application. Implementing measures. The Committee notes that the Government’s report contains no information on the adoption of specific national measures to give effect to the Convention. The Committee notes that a limited number of law and regulations adopted before the ratification of the Convention give effect to some of its provisions. The Committee recalls that according to Article I of the Convention, each Member which ratifies the MLC, 2006 undertakes to give complete effect to its provisions to secure the right of all seafarers to decent employment. The Committee requests the Government to adopt, in the near future, the necessary laws and regulations to give full effect to the provisions of the Convention. In this regard, the Committee reminds the Government that it may avail itself of the technical assistance of the Office.
Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes the Government’s reference to sections 22 to 24 of Regulations of 2003 on Standards of Training, Certification and Watch keeping for Seafarers (Resolution No. 1). It observes that section 2 of Resolution No. 1 provides that a seafarer means “any person working on board of vessel of all ranks or categories” and seaman means “a member of the ship’s crew other than the master or an officer”. The Committee further notes that section 131 of the Jordanian Maritime Commercial Law of 6 May 1972 (JMCL) provides that seaman is “any person employed on board a ship to undertake a sea voyage”. The Committee recalls that in accordance with Article II, paragraph 1(f) of the Convention, the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. Noting that the existing legislation contain different definitions that are not fully in conformity with the Convention, the Committee requests the Government to indicate the measures taken to ensure that all laws and regulations that will be adopted to implement the Convention apply to all seafarers as defined in Article II, paragraph 1 (f) and to provide information in this regard.
Article II, paragraphs 6 and 7. Definitions and scope of application. Ships under 200 gross tonnage. The Committee notes that the Government’s report contains no information on the definition of a “ship”. It notes that some provisions in the national legislation, in particular, section 3 of the JMCL defines ship as “any seaworthy vessel regardless of its tonnage or designation and whether or not such vessel is navigated for profit”. The Committee observes however that Part V, Chapter 1 of the JMCL limits its application to ships of 500 GT and over. The Committee recalls that the Convention applies to all ships as defined in Article II, paragraph 1(i), other than those excluded under paragraph 4. Article II, paragraph 6 provides flexibility with respect only to the application of “certain details of the Code”, that is, Standard and Guidelines, to a ship or particular categories of ships of less than 200 gross tonnage that do not voyage internationally, under certain requirements (determination of competent authority in consultation with shipowners’ and seafarers’ organizations; subject matter dealt with differently by national legislation, collective agreements or other measures). Recalling that the Convention does not contain a general or overall exclusion of ships below a certain gross tonnage or carrying a certain number of passengers, the Committee requests the Government to indicate how it ensures that the protection afforded by the Convention is guaranteed to all seafarers working on board ships within the meaning of the Convention.
Article V. Implementation and enforcement. Noting that the Government has not provided information in this regard, the Committee requests the Government to summarize the provisions of laws or regulations or other measures which prohibit violations of the requirements of the Convention and the sanctions established under this provision of the Convention.
Article VII. Consultations. The Committee notes that the Government refers to consultations undertaken with the Jordanian Academy for Maritime Studies, a private educational institution. It notes however that there is no reference to shipowners’ or seafarers’ organizations. The Committee recalls that many provisions of the Convention require consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to specify what mechanisms are in place to ensure that shipowners’ and seafarers’ organizations are consulted when this is required under the Convention. The Committee reminds the Government in this regard that Article VII provides that, where organizations of shipowners or of seafarers do not exist within a member State, any derogation, exemption or other flexible application of the Convention for which the Convention requires consultation with shipowners’ and seafarers’ organizations may only be decided by that Member through consultation with the Special Tripartite Committee established in accordance with Article XIII. The Committee requests the Government to indicate whether organizations – or branches thereof – representing seafarers and shipowners are established. If this is not the case, the Committee invites the Government to have recourse to the Special Tripartite Committee until seafarers’ and shipowners’ organizations are established in the country.
Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes that the Government’s report provides no information on the minimum age to work on a ship. It notes that section 21 of Resolution No. 1 for the 2003 Regulations on Standards of Training, Certification and Watch keeping for Seafarers (2003 Regulations) prohibits the work on board of persons under 16 years. The Committee further notes that under section 137 of the JMCL, the operator or the master of a ship may not employ any minors as seamen without the consent in writing of their parents or guardians. The Committee recalls that Standard A1, paragraph 1 of the Convention prohibits the employment, engagement or work of any person under the age of 16. The Committee requests the Government to confirm that no person under the age of 16, including cadets or apprentices, is allowed to work on board.
Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes that the Government’s report contains no information on the prohibition of night work of seafarers under the age of 18 nor the period defined as a “night work”. It recalls, in this respect, that night work of seafarers under the age of 18 shall be prohibited, as prescribed by paragraph 2 of Standard A1.1 of the Convention. The term “night” shall cover a period of at least nine hours starting from midnight and ending no earlier than 5 a.m. The Committee requests the Government to explain how effect is given to this provision of the Convention.
Regulation 1.2 and the Code. Medical certificate. The Committee notes that section 39 of the 2003 Regulations provides that the administration issues a medical fitness certificates for seafarers, in accordance with the standards of the STCW Convention. The Committee observes however that the Government provides no information on the applicable legislation with regard to: (i) the requirement that duly qualified practitioners must enjoy full professional independence in exercising their medical judgement in undertaking medical examination procedures (Standard A1.2, paragraph 4); (ii) the opportunity for seafarers, who have been refused a certificate or have had a limitation imposed on their ability to work, to have a further examination by another independent medical practitioner or by an independent medical referee (Standard A1.2, paragraph 5); (iii) the requirement that the maximum period of validity of the medical certificate shall be one year for seafarers under the age of 18 (Standard A1.2, paragraph 7(a)); (iv) the requirement that the maximum period of validity of a certification of colour vision shall be valid for a maximum period of six years (Standard A1.2, paragraph 7(b)); (v) the permission for seafarers to work without a valid medical certificate in urgent cases (Standard A1.2, paragraph 8); and (vi) the circumstance when the period of validity of a medical certificate expires in the course of a voyage (Standard A1.2, paragraph 9). The Committee requests the Government to indicate the measures taken or envisaged to give effect to these requirements of the Convention for all seafarers covered by it. The Committee would appreciate receiving a copy of the standard medical certificate currently in use.
Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that the Government has not provided information on the national legislation giving effect to these provisions of the Convention nor on its implementation. The Committee notes in particular that the Government has not provided information on: (i) the existence of recruitment and placement services in Jordan; (ii) the adoption of a system prohibiting seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified (Standard A1.4, paragraph 5(a)); (iii) the obligation to ensure that recruitment and placement of seafarers are free of charge for seafarers; whether seafarers are protected against monetary loss that they may incur as result of the failure of recruitment and placement services (Standard A1.4, paragraph 5(vi)); (iv) how national legislation ensures that all complaints concerning the activities of recruitment and placement services are investigated involving, as appropriate, representatives of shipowners and seafarers (Standard A1.4, paragraph 7); and (v) measures adopted or envisaged with regard to the use of recruitment and placement services that operate in countries that have not ratified the Convention, by shipowners of ships flying the Jordan flag. The Committee accordingly requests the Government to indicate the national laws and regulations which implement these requirements of the Convention and to provide information on the existing recruitment and placement services in Jordan.
Regulation 2.1 and Standard A2.1, paragraphs 1 to 4. Seafarers’ employment agreements (SEA). Requirements. Documents available in English. Content. The Committee notes that section 132 of the JMCL provides that the seaman employment contract is concluded between the seaman and the operator of the ship or his representative. Recalling that the Convention requires that seafarers working on ships flying the flag of a Member have a SEA signed by both the seafarer and the shipowner or her/his representative (Standard A2.1, paragraph 1(a) and (b)), the Committee requests the Government to clarify if the operator of the ship can be consider as the shipowner under Article II, paragraph (j) of the Convention. The Committee also notes that according to the JMCL, if the tonnage of a ship exceeds 500 gross tonnage, the SEA shall be subject to specific conditions. In this connection, the Committee recalls that Standard A2.1 applies to all ships falling within the scope of application of the Convention, including those of less than 500 gross tonnage. It further recalls that Standard A2.1, paragraph 1 provides for the adoption of laws or regulations requiring that ships that fly the flag of the member State concerned comply with a number of requirements regarding SEAs. The Committee notes in this regard that section 133 of the JMCL refers to some matters to be contained in the SEA, in particular the type of contract, the type of capacity in which the seafarer is employed, the date of the beginning of the SEA, mean of payment and the date and place where the contract was concluded. However, the JMCL does not refer to all the matters that must be included in the SEA in accordance with Standard A2.1, paragraph 4. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to all the requirements of the Convention pursuant to Standard A2.1, paragraphs 1–4, of the Convention, in particular regarding seafarers’ rights to examine the employment agreement before signing, record of employment and the content of the SEA.
Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. Shorter notice period for urgent reasons. The Committee notes that sections 156 and seq. of the JMCL and sections 21 and seq. of the Labour Code respectively specify the circumstances under which an SEA and an employment contract may be terminated. The Committee observes however that the legislative texts do not refer to the required minimum notice period for the early termination of these employment relationships. The Committee recalls that Standard A2.1, paragraph 5 requires the adoption of laws or regulations, which establish minimum notice periods not shorter than seven days. The Committee requests the Government to indicate the legislation giving effect to Standard A2.1, paragraph 5. It also requests the Government to provide information on the application of Standard A2.1, paragraph 6, specifying the manner in which the need to terminate the employment agreement on shorter notice or without notice for compassionate or other urgent reasons has been taken into account, indicating the applicable legislation or collective agreements.
Regulation 2.2 and the Code. Wages. The Government has not provided information regarding the national provisions requiring that payments due to seafarers working on ships that fly its flag are made at no greater than monthly intervals and in accordance with any applicable collective agreements nor that seafarers are given a monthly account of the payments due and amounts paid. Accordingly, the Committee requests the Government to indicate the measures taken to give effect to Standard A2.2, paragraphs 1 and 2. The Committee notes that section 144 of the JMCL provides that a seaman may authorize his spouse, children and parents or grandparents only to receive advance payments. However, the national legislation does not seem to contain any provisions requiring that shipowners take measures to provide seafarers with means to transmit all or part of their earnings to their families or dependants or legal beneficiaries, as required by Standard A2.2, paragraphs 3 to 5. The Committee therefore requests the Government to indicate the measures adopted or envisaged to give effect to Standard A2.3, paragraphs 3 and 4 (allotment system), and 5 (reasonable charge for the service and rate of currency exchange).
Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee observes that the national legislation does not regulate the normal working hours’ standard for seafarers. Recalling the principle of eight-hours per day with one day of rest per week and rest on public holidays, the Committee requests the Government to indicate the measures taken to give effect to Standard A2.3, paragraph 3.
Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes that section 8 of the Safe Manning Regulations on board Jordanian ships refers to special circumstances related to safety and marine environment protection considerations, which can allow derogations to the minimum hours of rest limits. The Committee however observes that there is no provision prescribing compensatory rest for seafarers once the normal situation has been restored. The Committee recalls that, in exceptional cases, the master of a ship may require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea. Pursuant to Standard A2.3, paragraph 14, as soon as possible, after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the application of Standard A2.3, paragraph 14.
Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. The Committee notes the Government’s indication that the minimum paid annual leave for seafarers on ships flying Jordanian flag amount to 2.5 calendar days per month of employment, as required by the Convention. The Committee requests the Government to indicate the relevant applicable national provisions in this regard.
Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee notes the Government’s indication that paid annual leave is added to monthly wage, which seems to confirm the possibility to replace paid annual leave by an allowance in lieu. The Committee observes that the Government has not referred to any national provision prohibiting agreements to forgo the minimum annual leave with pay. The Committee recalls that Standard A2.4, paragraph 3, stipulates that any agreement to forgo minimum annual leave with pay shall be prohibited, except in cases provided for by the competent authority. Recalling the fundamental importance of paid annual leave to protect the health and well-being of seafarers and to prevent fatigue, the Committee requests the Government to indicate the measures taken to ensure that all agreements to forgo the minimum annual leave are prohibited, unless in specific cases, restrictively provided for by the competent authority.
Regulation 2.5 and Standard A2.5.1, paragraphs 1-3 and 5. Repatriation. The Committee notes the Government's reference to section 155 of the JMCL, which provides that the operator of a ship must repatriate a seaman who leaves the ship during the voyage for any reason whatever, unless their disembarkation is carried out on the basis of an order by a foreign authority for legal cause, or by reason of an injury or illness which is not connected with the service of the ship and which cannot be treated on board. This provision also states that if the employment contract is terminated by agreement, the expenses of the repatriation shall be borne by the designated person in such termination agreement. The Committee further notes that, as regards foreign seafarers, their right to be repatriated shall be limited to their being returned to the port where they were engaged, unless it was stipulated that the seafarer shall be returned to the port of Aqaba in Jordan. It finally observes that the maximum period of service on board following which a seafarer is entitled to repatriation has not been established in the legislation. In this respect, the Committee recalls that Standard A2.5.1, paragraph 2, sets out that each Member shall ensure that there are provisions in its laws and regulations or other measures or in collective bargaining agreements that cover: the circumstances in which seafarers are entitled to repatriation in accordance with paragraph 1(b) and (c) of this Standard; the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months; and the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements. The Committee also recalls that Standard A2.5.1, paragraph 3, prohibits shipowners from requiring that seafarers make an advance payment towards the cost of repatriation and that standard A2.5.1, paragraph 5, establishes the subsidiary responsibility of the flag State when the shipowner fails to make the necessary arrangements for or to meet the cost of repatriation of seafarers who are entitled to be repatriated. The Committee requests the Government to indicate the measures taken to give full effect to Regulation 2.5 and Standard A2.5.1, paragraphs 1, 2, 3 and 5.
Regulation 2.5, paragraph 2. Repatriation. Financial security. The Committee notes the Government’s indication that the 2014 amendments to the Code on the financial security to assist seafarers in the event of their abandonment are not applicable to Jordan. However, Regulation 2.5, paragraph 2, which is applicable independently of the 2014 amendments to the Code, provides that each member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code. The Committee requests the Government to indicate how effect is being given to Regulation 2.5, paragraph 2.
Regulation 2.6 and the Code. Seafarers’ compensation for the ship’s loss or foundering. The Committee notes that section 164 of the JMCL provides that if it is not possible for the ship to continue the voyage due to force majeure (ship sinks or lost), the wages of the seafarers shall be paid to them up to the day on which they cease to work. (…) If the ship is seized, or if it sinks or is declared unseaworthy, this payment may be reduced by the court if it is established that the loss of the ship is due to the fault or negligence of the seaman. The Committee draws the Government’s attention to the fact that such restriction is not authorized by Standard A2.6, paragraph 1 of the Convention, which does not impose any conditions as regards seafarers’ compensation for the ship’s loss or foundering. Accordingly, the Committee requests the Government to amend the JMCL in order to fully comply with these requirements of the Convention.
Regulation 2.7 and the Code. Manning levels. The Committee notes that section 6 of Safe Manning Regulations on board Jordanian ships (not dated) provides that the master of every ship is bound, under his direction, to ensure that watchkeeping arrangements are adequate for maintaining a safe navigational and engineering watch at all times during navigation, anchorage or in port in accordance with chapter (A– VIII/2) of the STCW95. The Committee notes that the Government has provided no information on the measures adopted to give effect to Standard A2.7, paragraph 3, under which the competent authority shall take into account the requirements concerning food and catering when determining manning levels. The Committee accordingly requests the Government to indicate the manner in which effect is being given to all the requirements of Regulation 2.7 and Standard A2.7.
Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes the Government's indication that section 77 of the Flag Instructions Regulations, 2015, provides that accommodations shall be in compliance with the requirements of the MLC, 2006. While noting the Government’s legislative reference, the Committee requests the Government to indicate how it ensures that ships flying the Jordanian flag provide and maintain decent accommodations and recreational facilities for seafarers working and living on board, consistent with promoting the seafarers’ health and well-being, even for ships constructed before the date when the Convention came into force for Jordan. The Committee also requests the Government to indicate the measures taken or envisaged to give full effect to the detailed requirements of the Convention regarding accommodation and recreational facilities on board ships flying the Jordanian flag.
Regulation 3.1 and Standard A3.1, paragraph 18. Accommodation and recreational facilities. Frequent inspections. The Committee notes that the national legislation does not provide the required frequency for on-board inspections of seafarers’ accommodation that are to be carried out by or under the authority of the master and the requirements for recording and review of those inspections. The Committee requests the Government to provide information on measures adopted or envisaged to give full effect to Standard A3.1, paragraph 18, of the Convention.
Regulation 3.2 and the Code. Food and catering. The Committee notes that, with respect to the application of this Regulation, the Government refers to the provisions of the SEA and indicates that the requirement of the Convention are not reflected in the national legislation. In the absence of information on any detailed standards regarding food and catering which would have been adopted at the national level to give effect to the Convention, the Committee requests the Government to explain how it ensures, in law and practice, compliance with these requirements of the Convention.
Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that some provisions of the JMCL provide for medical care on board and ashore in general terms without giving effect to the detailed requirements of Regulation 4.1 and the Code. Concerning the requirements of the Convention on the medicine chest, the medical equipment and the medical guide carried on board, the Committee notes that the Government refers to a “Flag state annual tech. checklist” without providing further explanations. Concerning the requirements of the convention regarding on board medical personnel, the Committee notes that the Government refers to WHO requirements without providing further details. The Committee recalls that the Convention requires that: (i) seafarers are permitted by the shipowner/master to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph1(c)); (ii) ships carry on board a qualified doctor who is responsible for providing medical care to seafarers in specific circumstances (Standard A4.1, paragraph 4(b)); (iii) ships’ medicine chests, medical equipment and medical guides are inspected at regular intervals, to ensure that they are properly maintained (Standard A4.1, paragraph 4(a)); (iv) ships are required to carry appropriate equipment and maintain up-to-date contact information for radio or satellite communication to obtain onshore medical advice while on a voyage (Standard A4.1, paragraphs 1(b) and 4(d)). The Committee requests the Government to provide information on national measures adopted or envisaged to give full effect to the provisions of Standard A4.1, paragraphs 1-4.
Regulation 4.1, paragraph 3. Medical care on board and ashore. Access to onshore medical facilities for seafarers on board foreigner ships. The Committee notes that the Government has not provided information on the measures adopted to give effect to Regulation 4.1, paragraph 3, regarding the obligation to ensure that seafarers on board foreign ships in Jordan territory who are in need of immediate medical care are given access to the Member’s medical facilities on shore. The Committee requests the Government to provide information in this regard.
Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that sections 148, 149 and 150 of the JMCL and section 90 of the Labour Code partially give effect to Standard A4.2.1. The Committee notes, in particular, that section 148, paragraph 1 of the JMCL provides that a seaman who is injured in the course of serving the ship shall be treated at the expense of the ship. The same shall apply to a seaman who becomes ill after the ship leaves the port of Aqaba. Recalling that Standard A4.2.1, paragraph 1 (a) provides that shipowners shall be liable to bear the costs for seafarers working on their ships in respect of sickness and injury of the seafarers occurring between the date of commencing duty and the date upon which they are deemed duly repatriated, or arising from their employment between those dates, the Committee requests the Government to indicate how it ensures that the liability for sickness and injury covers the period prescribed by the Convention. The Committee recalls that in accordance with Standard A4.2.1, paragraph 1(b) shipowners shall provide financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, as set out in national law, the seafarers’ employment agreement or collective agreement. It also recalls under Standard A4.2.1, paragraph 1(c) that shipowners shall be liable to defray the expense of medical care, including therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character. Noting the absence of specific provisions in this regard, the Committee request the Government to indicate how it ensures compliance with Standard A4.2.1, paragraph 1 (b) and (c).
Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that the provisions of national legislation are of a general nature and that they do not cover all the requirements under Regulation 4.3 and Standard A4.3. The Committee requests the Government to provide information on measures adopted or envisaged to give full effect to the provisions of the Convention. It further requests the Government to provide information on the manner in which occupational accidents and diseases relating to seafarers covered by the Convention are reported and investigated, and statistics in that regard are published; and on the manner in which those statistics are analysed by the shipowner when conducting a risk evaluation in relation to occupational health and safety on board. The Committee reminds the Government that it can take into consideration the guidance provided in ILO Guidelines for implementing the occupational safety and health provisions of the Convention in the national measures adopted in the future to give full effect to Regulation 4.3 and Standard A4.3.
Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication that there is one shore-based seafarer welfare facility operating in Jordan without providing detailed information in this respect. Recalling the significance of access to shore-based welfare facilities for seafarers’ well-being, the Committee requests the Government to provide updated information regarding the operation of the existing facility.
Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification, in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security: old-age benefit; invalidity benefit; survivors' benefit; employment injury benefit, maternity benefit and unemployment benefit. The Committee notes that the Government only refers to the JMCL, without giving detailed explanations on the social security scheme applicable to seafarers ordinarily resident in the country nor on the relevant laws, conditions and benefits. Recalling that Standard A4.5, paragraph 3, requires a member to undertake steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory, including those working on ships operating under the flag of another country, the Committee requests the Government to provide detailed information on the national measures adopted or envisaged to give full effect to the provisions of the Convention. The Committee also requests the Government to indicate any bilateral or multilateral agreements in which Jordan participates in relation to social security protection, including the maintenance of rights acquired or in the course of acquisition (Regulation 4.5, paragraph 2 and Standard A4.5, paragraphs 3, 4 and 8).
Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes that the Government has not provided information on the application of its national system for inspection and certification of maritime labour conditions, as requested. The Committee further notes the Government's indication that the national legislation does not require all Jordanian ships to have a copy of the Convention available on board. The Committee requests the Government to provide information on the basic structure and objectives of Jordanian’s system (including measures to assess its effectiveness) for the inspection and certification of maritime labour conditions in accordance with Regulations 5.1.3 and 5.1.4 to ensure that the working and living conditions for seafarers on ships that fly Jordanian flag meet, and continue to meet, the standards of the Convention. (Regulation 5.1.1, paragraphs 2 and 5; Standard A5.1.1, paragraph 1; Regulation 5.1.2, paragraph 2). Recalling that, pursuant to Standard A5.1.1, paragraph 2, each Member shall require all ships that fly its flag to have a copy of the Convention available on board, the Committee requests the Government to explain how it ensures compliance with this requirement of the Convention.
Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes the Government’s indication that bilateral agreements govern the authorization of recognized organizations for inspection and certification functions. The Committee notes however that the Government has not provided detailed information on the manner in which it implements the requirements of Standard A5.1.2, and has not provided examples of agreements with recognized organizations. The Committee accordingly requests the Government to provide copies of such agreements. The Committee further notes that the Government has not provided information regarding the relevant provision implementing its obligation to review the competence and independence of recognized organizations, including information on any system established for oversight and communication of relevant information to authorized organizations, required under Standard A5.1.2,paragraphs 1 and 3. The Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.
Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee notes the Declaration of Maritime Labour Compliance (DMLC), Part I, as well as the guidance for shipowners concerning the DMLC Part II, communicated by the Government. The Committee observes that the DMLC Part I reproduces the provisions set out in the Convention without referring to the relevant national legislation. The Committee recalls that, in line with Standard A5.1.3, paragraph 10, Part I of the DMLC shall, among others (ii) identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions as well as, to the extent necessary, concise information on the main content of the national requirements; (iii) refer to ship-type specific requirements under national legislation; (iv) record any substantially equivalent provisions adopted pursuant to paragraph 3 of Article VI; and (v) clearly indicate any exemption granted by the competent authority as provided in Title 3. Noting that the DMLC Part I, as currently drafted, does not include the elements required by the Convention, the Committee requests the Government to revise its text to ensure full conformity with Standard A5.1.3, paragraph 10. It also requests the Government to provide one or several examples of the DMLC Part II approved by the competent authority.
Regulation 5.1.4and Standard A5.1.4, paragraphs 12 and 13. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. Records of inspections. The Committee notes the Government’s indication that all ships covered by the Convention that fly Jordanian’s flag, whatever their length or their tonnage, are inspected for compliance with the Convention’s requirements at least once every three years. The Committee notes the Government’s indication that each inspection is conducted according to a checklist approved by the competent authority and that a report of inspection is signed and submitted by ship’s master. The Committee requests the Government to specify how it gives effect to the requirement of Standard A5.1.4, paragraph 12, whereby inspectors are required to submit a report of each inspection to the competent authority, as well as a copy to the master of the ship and that another copy be posted on the ship’s notice board for the information of the seafarers, and upon request, sent to their representatives. Furthermore, the Committee recalls that the competent authority shall maintain records of inspections and publish an annual report on inspection activities. The Committee therefore requests the Government to provide information on how it ensures compliance with the requirements set out in Standard A5.1.4, paragraphs 13, regarding the issuance, submission and recording of the flag State inspection reports.
Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. Flag State responsibilities. Inspection and enforcement. Qualification, status and conditions of service of inspectors. The Committee notes that the Government does not specify the national provisions requiring that the inspectors shall have the status and independence necessary to enable them to carry out the verification of the application of the Convention. The Committee therefore requests the Government to indicate the specific provisions giving effect to Standard A5.1.4, paragraphs 3, 6, 11(a) and 17.
Regulation 5.1.4 and Standard A5.1.4, paragraph 7. Flag State responsibilities. Inspection and enforcement. Powers of inspectors. The Committee notes the Government’s indication that “flag State inspections are conducted under a policy of flag State and supported with checklist complying with the Convention”. The Committee recalls that Standard A5.1.4, paragraph 7(c), provides that inspectors, issued with clear guidelines on the tasks to be performed, shall be empowered to require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of the Convention (including seafarers’ rights) or represent a significant danger to seafarers’ safety, health or security, to detain a ship until necessary actions are taken. The Committee requests the Government to provide detailed information on the applicable provisions allowing flag State inspectors to inspect and possibly detain ships to ensure compliance with the requirements of the Convention in the cases set forth by Standard A5.1.4, paragraph 7(c).
Regulation 5.1.4 and Standard A5.1.4, paragraph 10. Flag State responsibilities. Inspection and enforcement. Confidentiality of sources of grievances or complaints. The Committee notes that the Government’s report provides no information on the applicable national provisions with respect to this requirement of the Convention. The Committee recalls that Standard A5.1.4, paragraphs 10 and 11(b), provides that inspectors shall treat as confidential the source of any grievance or complaint and must not reveal any commercial secrets or confidential working processes or information, which may come to them in the course of their duties. The Committee requests that the Government indicate how effect is given to this provision of the Convention.
Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On board complaint procedures. The Committee notes the Government’s indication that the model of on-board complaint procedure has been posted on the Jordanian Maritime Commission website. However, the Committee notes that the access to this procedure no longer seems to be active. The Committee notes the Government’s indication that, according to the Law on protection of plaintiff, seafarers have the right to lodge a complaint, without providing detailed information on how this Law meets the protection against the victimization of seafarers required under Standard A5.1.5, paragraph 2. The Committee recalls that Regulation 5.1.5 sets out that each Member shall require that ships that fly its flag have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of this Convention. The Committee requests the Government to indicate the measures adopted to establish appropriate procedures for handling complaints on board that comply with the requirements under Regulation 5.1.5 and Standard A5.1.5. It also requests the Government to indicate the applicable provisions requiring that all seafarers are provided with a copy of the on-board complaint procedures applicable on the ship, including contact information relevant to that particular ship and to the seafarers concerned as provided for under Standard A5.1.5, paragraph 4 of the Convention.
Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that Jordan is a Member of the Mediterranean MOU (MEDMOU) Agreement since 1999. The Committee notes the Government’s indications that Jordan follows MEDMOU’s rules and guidance for the Port state inspections and that five officers are appointed to carry out these inspections. However, the Committee notes that the Government has not provided information on the national measures adopted to give effect to Regulation 5.2.1 and to Standard A5.2.1. The Committee therefore requests the Government to take the necessary measures to ensure that the national legislation is in conformity with Regulation 5.2.1 and Standard A5.2.1 of the Convention.
Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Inspections in port. Compensation for undue detention of a ship. The Committee notes the Government’s indication that no legal provisions have been adopted to give effect to this Standard but that the competent authority is following the relevant international conventions. The Committee requests the Government to indicate how it ensures that compensation shall be paid for any loss or damage suffered as a result of a ship being unduly detained or delayed, in accordance with Standard A5.2.1, paragraph 8.
Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee observes that the Government has not provided any information on the application of this Regulation. The Committee therefore requests the Government to provide information on the manner in which it gives effect to Regulation 5.2.2, indicating the applicable provisions.
Additional documents requested. The Committee requests the Government to provide the following documents and information: an example of the standard wording in medical certificates (Standard A1.2, paragraph 10); an example of the approved document for the seafarer’s record of employment (Standard A2.1, paragraphs 1 and 3); an example of a seafarers’ employment agreement (Standard A2.1, paragraph 2(a)); a copy in English of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12); for each type of ship, a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1); an example of the standard medical report form for seafarers (Standard A4.1, paragraph 2; see also Guideline B4.1.2, paragraph 1); a copy of the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraph 4(a); see also Guideline B4.1.1, paragraphs 4 and 5); an example of a document (for example, Part II of the DMLC) outlining a shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a report or other document containing information on the objectives and standards established for your country’s inspection and certification system, including the procedures for its assessment (Regulation 5.1.1, paragraph 5); an example or examples of authorizations given to recognized organizations (Regulation 5.1.1, paragraph 5; Regulation 5.1.2, paragraph 2); a copy in English of the interim maritime labour certificate if your country issues such a document (Regulation 5.1.3); a copy in English, French or Spanish of annual reports on inspection activities, issued in accordance with Standard A5.1.4, paragraph 13, during the period covered by this report; a copy of a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7; see also Guideline B5.1.4, paragraphs 7 and 8), together with a summary in English, ; a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7, with an indication of the content in English; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and other parties concerned about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see also Guideline B5.1.4, paragraph 3), with an indication of the content in English; a copy of your country’s model for on-board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag, with a translation into English (Regulation 5.1.5); a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7, with an indication of the content in English; a copy of any document that describes the onshore complaint-handling procedures (Regulation 5.2.2).
[The Government is asked to reply in full to the present comments in 2023.]
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