Allegations: The complainant alleges that the Labour Code restricts the right of
workers to freely organize and bargain collectively. It further alleges acts of anti-union
discrimination, interference and retaliation by the Government against independent trade
unions
- 513. The complaint is contained in communications dated 15 September and
28 December 2018, and 30 July 2019 from the Jordanian Federation of Independent Trade
Unions (JFITU).
- 514. The Government provided its observations in communications dated 15
January, 14 July, 28 August and 11 December 2019, and 13 January and 20 February
2020.
- 515. Jordan has ratified the Right to Organise and Collective Bargaining
Convention, 1949 (No. 98). It has not ratified the Freedom of Association and Protection
of the Right to Organise Convention, 1948 (No. 87).
- 516. In its communications dated 15 September and 28 December 2018, and
30 July 2019, the JFITU alleges that the Labour Code restricts the right of workers to
freely organize and bargain collectively. It further alleges acts of anti-union
discrimination, interference and retaliation by the Government against independent trade
unions in practice.
- 517. The JFITU alleges, in particular, restrictions on the right to
organize of certain categories of workers. In this respect, according to the JFITU,
while the Labour Code was amended so as to allow migrant workers to join unions, it does
not permit them to form unions or to hold union office. Thus, according to the
complainant, it is very unlikely that trade unions will be formed and that workers will
bargain collectively over the terms and conditions of their employment in sectors in
which migrant workers predominate. According to the complainant, it remains a legal
question as to whether migrant workers can vote in elections for union executive
boards.
- 518. Furthermore, according to the complainant, although the Labour Code
was amended in 2008 so as to extend certain rights to domestic and agricultural workers,
the law requires these workers to be covered by separate legislation. While a regulation
on domestic workers was enacted in 2009, it did not extend the right to freedom of
association to this category of workers. According to the JFITU, currently, there is no
regulation for agricultural workers. The complainant alleges that in 2008, an
independent agricultural union attempted to register but the Government refused to
review its application. It points out, however, that while the General Federation of
Jordanian Trade Unions (GFJTU) created a domestic workers’ union, despite the lack of a
legal framework, the latter was not established by domestic workers nor it is led by
domestic workers. The JFITU considers that this union has been set up in order to block
the establishment of any future independent domestic workers’ union and recalls that the
law prohibits more than one union per sector.
- 519. In this respect, the JFITU indicates that under section 98 of the
Labour Code, unions may be organized only in sectors designated by the Government
(currently set at 17) and there may be only one union per sector. The even GFJTU has
also been unable to register unions outside of the sectors recognized by the Government,
thus denying the workers engaged in such sectors the right to collective bargaining. The
limitation of one union per sector also serves to exclude independent unions from
organizing workers in the recognized sectors. According to this section:
- A. The union shall be established by not less than 50 workers in the industry or
economic activity or industries and economic activities that are identical, or
related to each other in a single production.
- B. Employers in any industry or economic activity of no less than 25 persons shall
have the right to establish a trade union for them to take care of their
professional interests related to the provisions of this law.
- C. No trade union or employer’s organization shall be established for the purpose
of carrying out activities based in ethnic, religious or doctrinal grounds, nor
shall it be permitted to exercise any of these activities after its
establishment.
- D. The Minister may, through the Registrar of Trade Unions, classify industries
and economic activities in which trade unions may be established in accordance with
the provisions of paragraphs (A) and (B) of this section so that no industry or
economic activity shall have more than one trade union and taking into consideration
Arab and international classifications.
- 520. Furthermore, according to the complainant, the Labour Code
authorizes the Minister of Labour to seek judicial dissolution of a union that fails to
conform to the law. In this respect, the JFITU refers to section 116 of the Labour Code,
pursuant to which:
- A. If the administrative body of any trade union or employers’ union violates the
provisions of this law and the regulations issued pursuant to it or if the bylaws of
any of them are in violation of the legislation in force, the Minister must issue a
written warning to remove the violation within a period not exceeding 30 days
starting the day of notice.
- B. If the violation continues, the Minister may, on the recommendation of the
Registrar of Trade Unions, issue a decision to dissolve the administrative body. The
decision shall be subject to appeal before the Supreme Administrative Court within
30 days from the date of notification thereof.
- C. The Minister shall, in consultation with the General Federation of Trade Unions
and regarding the trade unions, appoint an interim administration body from the
General Assembly to administer the union and to hold elections for a new
administrative body within a maximum period of six months from the date of
dissolution.
- The complainant points out that the union’s administrative body
should not be dissolved in the first place, but when the leadership is dissolved, it
should be for the workers to select the new leadership and not for the Government. The
JFITU also queries whether the Supreme Administrative Court (to whom the right of appeal
has been transferred from the Court of Appeals) guarantees the right to due
process.
- 522. The JFITU points out that as it is a violation for a union to exist
outside of the official trade union structure, independent trade unions risk judicial
dissolution. Thus, trade unions are required to be affiliated to the GFJTU, which also
deducts trade union dues against the will or knowledge of workers. According to the
complainant, the GFJTU functions according to a unified system that it imposes on its
affiliated unions: there are no real elections; executive board meetings do not take
place; collective bargaining is conducted by the executive board of the GFJTU, whereas
union branches, union committees and labour units at workplaces or even at the level of
an establishment are denied the right to be involved in negotiations or submit any
demands.
- 523. According to the complainant, the Government continues to influence
trade union policies and activities of the official union – the GFJTU – and its
affiliates. At the same time, the Government has repeatedly denied recognition to
independent unions organized outside this structure; it does not meet with independent
unions and the lack of legal recognition has limited their ability to collect dues,
address grievances and to bargain collectively.
- 524. Furthermore, the complainant points out that while under the terms
of section 98(f) of the Labour Code, trade union members must attain the age of 18
years, persons who attain the age of 16 years are admissible for work in the country.
The complainant considers therefore that the Labour Code should be amended to allow
workers between the ages of 16 and 18 to become members of trade unions.
- 525. Furthermore, the complainant alleges inadequate protection against
acts of interference. It refers in this respect to section 139 of the Labour Code and
indicates that a penalty of 50–100 dinars (€62–€124) does not have a sufficiently
dissuasive effect.
- 526. The JFITU also alleges that the law prohibits public sector workers
from exercising the right to bargain collectively.
- 527. Additionally, the JFITU alleges that by virtue of the 2008 amendment
to the Labour Code, the term “group of workers” was deleted from section 2 of the Labour
Code setting out the definition of a “labour dispute”. The latter, as defined after the
amendment, is no longer a dispute “between a group of workers or the union and the
employer or the employers’ union …”, but is a dispute “between a union and the employer
or the employers’ union …”.
- 528. The complainant organization refers to several violations of freedom
of association rights in practice. It alleges, in particular, that in an official memo
(a copy of which the complainant transmits with the complaint) sent to all government
departments and establishments, the Prime Minister advised them not to recognize
independent unions and that the Ministry of Labour has advised its staff not to accept
any letters or respond to any correspondence from independent unions. Applications to
register unions with the Ministry of Labour have been either denied or ignored.
- 529. According to the complainant, the chairperson of the Parliamentary
Labour Committee, who was at the same time the president of the General Union of Mining
Workers and vice-president of the GFJTU, demanded in a speech to Parliament that they
put an end to independent unions. The JFITU alleges that the leadership of the GFJTU
constantly attacks the independent unions and describes them as mercenaries and demands
they be eliminated and that it had escalated an offensive media campaign against
independent trade unions through statements, press releases, TV interviews, seminars,
conferences and workshops.
- 530. The JFITU further alleges abuse of workers in the Jordan Water
Company “Miyahuna”. It alleges, in particular, that when the company management learned
that the workers intended to form an independent trade union, it issued a formal
announcement, with reference to the letter of the Minister of Labour warning the workers
that the company will not cooperate with any independent trade union and that the
company recognizes and deals only with the General Union of Workers in Food Industries.
Workers were warned not to join any independent union. The complainant organization
alleges that after the establishment of an independent trade union of workers at the
company, the company’s management took various abusive actions against trade union
activists. The JFITU refers, in particular, to the arbitrary transferring of the
president of the Independent Trade Union, Mahmoud Shihada Al-Khateeb the firing of one
of the workers, Mr Khaled Hasan Ali; and threatening company workers wishing to join the
independent trade union.
- 531. The JFITU further alleges that those who try to operate an
independent trade union face severe pressure and refers in this respect to the following examples:
- • Mr Mohamed Al Senaid, ex-president of the Independent Union of Agricultural
Workers, was detained because of his union activity.
- • Mr Amin Ghanim, president in the Independent Trade Union of Art Workers, was
detained for several days, and he and other members of the union were interrogated
after a complaint from the president of the Artists’ Union (a professional
association).
- • Mr Tayel Al Khamayseh, ex-president of the Independent Union of Phosphate Mine
Workers was suspended from his job because he raised labour demands.
- • The Government pressured the president and the secretary of the Chemical
Industries’ Independent Union by asking them to resign from the union or be fired
from their jobs. This was after they had succeeded in negotiations that led to
signing a collective agreement. They preferred to resign rather than be fired.
- • Mr Khalil Butros Wahhab, vice-president of the Independent Trade Union of Civil
Aviation Workers, was forced to submit his resignation.
- • Mr Jalal El Harasees, president of the Independent Union of Jordan Electricity
Workers, stood up to defend a colleague who is a member of the independent union.
The annual promotion of Mr El Harasees Jalal was deferred and his wages
withheld.
- • The president of the Independent Trade Union in the Pharmaceutical Industries
and his board members were forced to sign pledges stating that they will not engage
in union activities.
- • The Independent Union of Electricity Workers organized a strike that lasted 17
days in 2012. However, the GFJTU negotiated an agreement to end the strike despite
the fact that the workers’ demands were not addressed. In 2013, the Independent
Union of Electricity Workers once again submitted the same list of demands as in
2012. However, it was not taken into consideration. The union organized another
strike for five days until a Memorandum of Understanding (MoU) was signed between
the Ministry of Labour, the company’s management and the parliamentary labour
committee. The independent union was not allowed to sign the memorandum. The
condition of signing the MoU was that the demands were to be submitted in 2014 (two
years from the 2012 agreement). In 2014, the independent union resubmitted its
demands but was once again ignored. The GFJTU was asked to submit fewer demands, and
accordingly an agreement was signed. The electrical company deducted the pay for a
five-day strike from the salaries of striking workers. The union filed a lawsuit and
won, but the company appealed. The case is still pending.
- • Security forces prevented the re-distribution of administrative positions at the General Union of Electricity Workers/Amman branch.
- 532. The complainant also alleges interference in public meetings. In
this respect it refers to a celebration that was planned by a women’s committee of the
independent trade union federation on the occasion of Women’s Day 2017 at the Jordanian
University. The celebration was cancelled only two days before it was to take place. The
women’s committee decided to move the event to Jerusalem International Hotel instead,
but again it was cancelled by the security authorities just two hours before it was
supposed to begin, despite the permissions obtained both times.
- 533. The JFITU also refers to a blood drive campaign that it was planning
to launch jointly with the Amman municipality to provide the blood bank with 500 blood
units, which was cancelled only hours before the starting time despite the fact that all
permissions were obtained in advance. Another manifestation, a tree planting activity
that the complainant organization was planning to launch jointly with the Amman
municipality on the occasion of “tree day”, was cancelled although all permissions were
obtained.
B. The Government’s reply
B. The Government’s reply- 534. In its communications dated 15 January, 14 July, 28 August and 11
December 2019, and 13 January and 20 February 2020 provides the following
information.
- 535. The Government points out that articles 16 and 23(2)(f) of the
Constitution enshrine the freedom to establish unions and form associations and leaves
the manner in which they are established and function to the relevant law and
regulations. The Labour Code describes the registration procedure for trade unions and
employers’ association. According to the Government, the provisions of the Labour Code
apply to workers without distinction and irrespective of sex, nationality, race, colour
or religion.
- 536. With regard to the rights of migrant workers, the Government
indicates that there is nothing in the Labour Code that prevents them to vote in their
respective unions. Moreover, the Code allows every union to establish its own statute
specifying its functioning, election and voting procedures, in which the Ministry is not
involved.
- 537. According to the Government, agricultural workers are subject to the
Labour Code and there is no special law relating to them. The Government informs that a
group of workers in the agricultural sector submitted an application to establish the
Agricultural Workers’ Union and that this matter will be brought before the Tripartite
Committee for consideration and decision.
- 538. As for the situation of domestic workers, the Government indicates
that this category of workers is subject to the provisions of the Labour Code. However,
due to the importance of this sector (there are 48,000 domestic workers in the Kingdom)
and the nature of work, the Ministry has issued special regulations and instructions for
this sector, which regulate the recruitment process and give this category of workers
privileges better than those provided for in the Labour Code. The Government also points
out that there is nothing in the law that prevents domestic workers from joining the
existing and registered trade union – the General Trade Union of Workers in Public
Services and Free Occupations.
- 539. Regarding section 98 of the Labour Code, the Government indicates
that the Minister may issue, through the Registrar of Associations, a decision to
categorize the industries and economic activities. This is justified by the intention to
give greater flexibility in order to increase the number of trade unions and open the
door for the establishment of new trade unions, including in sectors that were not
previously represented or to reclassify large sectors incorporated under one trade
union. According to the Government, the latest amendment of this provision refers to the
expansion of the decision to classify professions by transferring the powers of
classification of occupation from the Tripartite Committee to the Minister.
- 540. The Government further indicates that public servants are excluded
from the provisions of the Code and are subject to the provisions of the civil services
administration system.
- 541. Regarding the amendment to the Labour Code deleting the term “group
of workers”, the Government explains that in the context of labour disputes, most of the
countries in the world deal with unions and not with groups of workers to prevent chaos
and organize trade union work. The Government points out that instead of allowing any
worker to negotiate, there is a need to strengthen the role of trade unions in
representing workers and defending their rights.
- 542. As for section 116 of the Labour Code, the Government explains that
the recent amendments made it possible for the Minister to dissolve the union
administrative body, instead of dissolving the union itself, if the latter violates the
laws and regulations in force. The final decision is made by the court.
- 543. The Government also points out that in accordance with the national
legislation and the relevant ratified Convention, working age in Jordan is set at
18.
- 544. The Government indicates that it intends to reopen elements of the
legislation in the future and to conduct consultations with the social partners with a
view to preparing relevant amendments.
- 545. The Government further indicates that the independent trade union
unions mentioned in the complaint did not follow the procedures for their establishment
and functioning described in the Labour Code. Independent unions may not be founded
without resort to the Tripartite Committee. Members of the independent unions may join
the existing unions in the current professional category. In this respect, the
Government points out that there is an existing registered union, the General Trade
Union of Electricity Workers, which all workers in the electricity sectors have the
right to join, and in which most of those seeking to establish an independent union
enjoy full membership. There is also an existing registered trade union, the General
Trade Union of Workers in Mining and Metal Industries, which all workers in the
phosphate sector have the right to join. Therefore, when an appeal against the decision
to refuse to register independent unions in electricity and phosphate sectors was lodged
with the court, the latter upheld the decision on grounds that there was no legal
justification for establishing a new union. The Government indicates that consequently,
it issued a general order to deal with legally registered trade unions and to
distinguish between those legally registered and those not.
- 546. With regard to the allegations of discrimination between trade
unions and intimidation of leaders of independent trade unions, the Government points
out that Jordan is a State governed by the rule of law and that the relationship between
trade unions and the Ministry of Labour is regulated by law. It further indicates that
the allegations are untrue.
- 547. With regard to the alleged detention of leaders of two independent
trade unions, the Government indicates that this matter is not within the competence of
the Ministry of Labour, and that it has no information in this regard.
- 548. With regard to the alleged interference in the activity of a trade
union in the electricity sector in Amman, the Government indicates that it is not aware
of the existence of this federation and points out that there is a legitimate union in
the sector, known as the General Trade Union of Electricity Workers.
- 549. With regard to the alleged cancellation by the authorities of public
meetings, the Government indicates that the Ministry of Labour has no knowledge of any
meetings held and has not addressed any authority in this regard.
- 550. Finally, with regard to the alleged practices to prevent the
establishment of a trade union of workers’ at Miyahuna, the Government indicates that no
application to establish a trade union has been submitted to the Ministry; however there
is an existing union, registered in accordance with the provision of the Labour Code, to
represent workers of the company, namely, the General Trade Union of Workers in Food
Industries.
C. The Committee’s conclusions
C. The Committee’s conclusions- 551. The Committee notes that the complainant in this case, the JFITU,
alleges that the Labour Code restricts the right of workers to freely organize and
bargain collectively. It further alleges acts of anti-union discrimination, interference
and retaliation by the Government against independent trade unions in practice.
- 552. The Committee notes that according to the JFITU, while migrant
workers can join trade unions, the Labour Code restricts their right to organize and to
hold trade union office. Consequently, their right to bargain collectively is also
restricted. According to the complainant, it is further not clear whether migrant
workers can vote in elections for union executive boards. The Committee notes the
Government’s indication that the Constitution enshrines the freedom to establish unions
and form associations and leaves the manner in which trade unions are established and
function to the relevant laws and the regulations. In this respect, the Labour Code
describes the registration procedure for trade unions and employers’ associations.
According to the Government, the provisions of the Labour Code apply to workers without
distinction whatsoever and irrespective of nationality. Furthermore, the Labour Code
does not prevent migrant workers from voting in their respective unions.
- 553. The Committee notes that the text of section 98(e) of the Labour
Code, as amended in 2010, provides that the first condition for founding a workers’ or
employers’ organizations is to be Jordanian. The Committee recalls that the right of
workers, without distinction whatsoever, to establish and join organizations of their
own choosing, without previous authorization, implies that anyone legally residing in
the country benefits from trade union rights, including the right to vote, without any
distinction based on nationality [see Compilation of decisions of the Committee on
Freedom of Association, sixth edition, 2018, para. 322]. The Committee requests the
Government to amend section 98(e) of the Labour Code, in consultation with the social
partners, so as to eliminate the restriction placed on the organizing rights of migrant
workers and to keep it informed of all measures taken in this respect.
- 554. Regarding the alleged prohibition to hold office imposed on migrant
workers, the Committee noting the absence of the Government’s observations in this
regard, recalls that legislation should be made flexible so as to permit the
organizations to elect their leaders freely and without hindrance, and to permit foreign
workers access to trade union posts, at least after a reasonable period of residence in
the host country [see Compilation, para. 623]. The Committee requests the Government to
take the necessary measures, in consultation with the social partners, to ensure that
foreign workers enjoy their freedom of association rights, including to the right to be
elected to trade union office. It requests the Government to keep it informed of the
measures taken in this respect.
- 555. The Committee further notes the allegation that domestic and
agricultural workers do not enjoy the right to organize. The complainant alleges, in
particular, that a request for registration of an independent union of agricultural
workers had been denied and that the GFJTU had created a domestic workers’ union,
despite the lack of a legal framework, in order to block the establishment of any future
independent domestic workers’ union. The complainant points out that the GFJTU domestic
workers’ union was not established by domestic workers, and that it is not led by such
workers. The Committee notes that according to the Government, agricultural workers are
subject to the Labour Code and there is no special law relating to them. The Government
informs that a group of workers in the agricultural sector submitted an application to
establish the Agricultural Workers’ Union and that this matter will be brought before
the Tripartite Committee for consideration and decision. As for the situation of
domestic workers, the Government indicates that this category of workers is subject to
the provisions of the Labour Code as well as to special regulations and instructions,
which regulate the recruitment process and give this category of workers privileges
better than those provided for in the Labour Code. The Government also points out that
there is nothing in the law that prevents domestic workers from joining the existing and
registered trade union – the General Trade Union of Workers in Public Services and Free
Occupations.
- 556. The Committee notes from the information provided by the Government
to the Committee of Experts on the Application of Conventions and Recommendations
(CEACR) within the framework of the application of Convention No. 98 that despite the
removal of the express exclusion of domestic and agricultural workers from the coverage
of the Labour Code, the law and regulations still did not clearly guarantee these
workers the rights set out in the Convention. The Committee requests the Government to
provide information on the measures taken to ensure that agricultural and domestic
workers can join the organization of their own choosing to the CEACR to the attention of
which it draws legislative aspects of this case.
- 557. The Committee believes that the above alleged restrictions on the
rights to organize of migrant, domestic and agricultural workers should be seen in the
larger context alleged by the complainant. According to the JFITU, pursuant to section
98 of the Labour Code, unions may be organized only in sectors designated by the
Government and there may be only one union per sector. There are currently 17 recognized
sectors. The Committee notes that according to the JFITU, not only has the GFJTU been
unable to register unions outside those sectors, but that this limitation of one union
per sector also serves to exclude independent unions from organizing workers in the
recognized sectors. The Committee notes that the JFITU alleges a number of instances
where independent trade unions could not be registered because, as confirmed by the
Government, a GFJTU structure existed in the given sector (e.g. in the electricity,
food, and mining and metal industries). The Committee understands that previously, the
Tripartite Labour Committee was competent to recognize occupations and industries in
which trade union may be established and that by virtue of the latest amendment of the
Labour Code, this power has been vested in the Minster of Labour. The Government
explains that this is justified by the intention to give greater flexibility, to
increase the number of trade unions and open the door for the establishment of new trade
unions, including in sectors which are not represented or to reclassify large sectors
represented by one trade union.
- 558. The Committee notes with concern that the current system might leave
out entire groups of workers unable to exercise their right to organize and to benefit
from collective bargaining rights. It recalls that in Case No. 2977 concerning Jordan it
had urged the Government to take without delay the necessary measures to ensure that the
labour legislation and all relevant implementing decisions are reviewed and amended to
ensure that workers may freely exercise their right to establish and join organizations
of their own choosing [see Report No. 367 (March 2013), para. 860]. The Committee
therefore requests the Government to take, in consultation with the social partners, the
necessary measures, including legislative, in order to ensure that all workers in all
sectors in the country, with the only possible exception of the armed forces and the
police enjoy the right to establish and join organizations of their own choosing. The
Committee requests the Government to keep it informed of the measures taken or envisaged
in this regard.
- 559. The Committee further expresses its concern that no more than one
union can be established per industry or sector. It also notes with concern that the
GFJTU is expressly mentioned in the Labour Code as an organization which the Minister of
Labour shall consult with regard to the appointment of a union interim administrative
body (section 116), which would appear to further consolidate a trade union monopoly in
the country. The Committee recalls that the existence of an organization in a specific
occupation should not constitute an obstacle to the establishment of another
organization, if the workers so wish. It further recalls that unity within the trade
union movement should not be imposed by the State through legislation because this would
be contrary to the principles of freedom of association [see Compilation, paras 477 and
487]. The Committee requests the Government to take the necessary measures, in
consultation with the social partners, to amend the Labour Code so as to ensure that
more than one trade union organization per sector or industry can be established if the
workers so desire. It requests the Government to keep it informed of the developments in
this regard.
- 560. The Committee further notes the allegation that the legislation
prohibits public sector workers to organize and to bargain collectively. The Committee
notes the Government’s indication that public servants are excluded from the provisions
of the Labour Code and are subject to the provisions of the civil services
administration system. Recalling that public servants, like all other workers, without
distinction whatsoever, have the right to establish and join organizations of their own
choosing, without previous authorization, for the promotion and defence of their
occupational interests [see Compilation, para. 336], the Committee requests the
Government to provide information, including specific legal provisions, regarding the
right to organize and to bargain collectively in the public sector, including in the
public service.
- 561. The Committee notes that the complainant further alleges that
pursuant to section 98(f) of the Labour Code, workers must attain the age of 18 years to
be able to be a member of a trade union, while persons of 16 years of age are admissible
to work. The Committee notes the Government’s indication that the working age is set at
18. The Committee observes, however, that section 73 of the Labour Code prohibits the
employment of minors under 16 years of age. The Committee considers that minor workers
who have reached the legal age of employment should be able to form and join
organizations of their own choosing. It therefore requests the Government to take the
necessary measures, in consultation with the social partners, to amend section 98(f) so
as to ensure that minors who have reached the legal age for employment, whether as
workers or trainees, are fully protected in their exercise of the freedom of association
rights. It requests the Government to provide information on measures contemplated or
adopted in this respect.
- 562. The Committee notes that section 116 of the Labour Code confers the
power to the Minister to dissolve an administrative body of a trade union (or an
employer’s organization) if it violates provisions of the Code, regulations issued
pursuant to it or if the bylaws of the organization are in violation of the legislation
in force. The Minister’s decision is subject to appeal before the Supreme Administrative
Court. Furthermore, pursuant to the same provision, in consultation with the GFJTU, the
Minister appoints an interim administrative body from the General Assembly to administer
the union and to hold elections of a new administrative body. The Committee further
notes that section 119 of the Labour Code provides for a penalty of imprisonment for a
period not exceeding three months and/or a fine of up to 1,000 dinars (US$1,410) for
continuing to act on behalf of a dissolved organization or administrative board.
- 563. The Committee recalls that the removal by the Government of trade
union leaders from office is a serious infringement of the free exercise of trade union
rights [see Compilation, para. 654]. It further considers that the power of the Minister
to remove a freely elected administrative body of an organization on the basis of such a
broad criteria as “any violation of the legislation” constitutes a serious interference
in trade union activities, including the right of trade unions to elect their own
representatives and organize their administration, even if it can be appealed to the
Administrative Court, as the latter bases its decisions on the legislation in force
setting out the same broad criteria. The Committee further considers that the nomination
by the authorities of members of executive committees of trade unions constitutes direct
interference in the internal affairs of trade unions. The Committee therefore requests
the Government to amend section 116 of the Labour Code in consultation with the social
partners in this light and to keep it informed of the measures taken in this
regard.
- 564. The Committee notes that the complainant organization considers that
the penalty of 50–100 dinars (US$70–US$140) provided for in section 139 of the Labour
Code is not a sufficient sanction against acts of interference. The Committee recalls
that legislation must establish sufficiently dissuasive sanctions against acts of
interference by employers against workers and their organizations. The Committee
requests the Government to review the fines with the social partners in order to
determine what would represent a sufficiently dissuasive sanction and to take the
necessary measures to amend the section accordingly. It requests the Government to keep
it informed of the steps taken in this regard.
- 565. The Committee notes the Government’s indication that it intends to
reopen elements of the legislation in the future and to conduct consultations with the
social partners with a view to preparing relevant amendments. The Committee trusts that
steps will be taken in the near future to amend the law and requests the Government to
keep it informed in this respect. It further draws the attention of the CEACR to the
legislative aspects of this case.
- 566. The Committee notes the alleged violations of trade union rights in
practice. The JFITU alleges, in particular, that those who try to operate independent
trade unions face pressure and refers in this respect to the detention of Mr Muhamed Al
Senaid, ex-president of the Independent Union of Agricultural Workers and of Mr Amin
Ghanim, president of the Independent Trade Union of Art Workers. The Committee notes the
Government’s indication that this matter is not within the competence of the Ministry of
Labour, which has no information in this regard. The Committee regrets that no
information has been provided by the Government on these serious allegations. It recalls
that the detention of trade union leaders or members for trade union activities or
membership is contrary to the principles of freedom of association [see Compilation,
para. 120]. It further recalls that the ultimate responsibility for ensuring respect for
the principles of freedom of association lies with the Government [see Compilation,
para. 46]. The Committee considers that if the procedure protects governments from
unreasonable accusations, governments on their side will recognize the importance of
providing full replies concerning allegations made against them, which should include
information obtained from the relevant national authorities. The Committee urges the
Government to provide detailed observations on these two alleged cases of detention
without further delay.
- 567. The Committee further notes the following alleged cases of
interference and discrimination suffered by leaders and activists of independent trade
unions: dismissal (Mr Khaled Hasan Ali, worker at the water company), suspension (Mr
Tayel Al Khamayseh, ex-president of the Independent Union of Phosphate Mine Workers),
pressure to resign from the job (president and secretary of the Chemical Industries’
Independent Union and Mr Khalil Butros Wahhab, vice-president of the Independent Trade
Union of Civil Aviation Workers), deferral of promotion and withholding of wages (Mr
Jalal El Harasees, president of the Independent Union of Jordan Electricity Workers),
transfer (Mr Mahmoud Shihada Al-Khateeb, president of the Independent Trade Union of
Workers at the Jordan Water Company Miyahuna); and threatening company workers wishing
to join the independent trade union and pressure to sign pledges not to engage in trade
union activities (president of the Independent Trade Union in the Pharmaceutical
Industries and its board members, as well as at the water company). The Committee notes
the Government’s indication that these allegations are untrue. The Committee requests
the Government to provide detailed information on any investigation conducted into the
above allegations.
- 568. The Committee requests the Government and the complainant to provide
information on the outcome of the appeal in the case involving the Independent Union of
Electricity Workers regarding the employer’s alleged denial to bargain
collectively.
- 569. With regard to the alleged cancellation by the authorities of public
meetings organized by independent trade unions, the Committee notes the Government’s
indication that the Ministry of Labour has no knowledge of any such meetings and has not
addressed any authority in this regard. The Committee requests the Government to review
these allegations with the competent authorities with a view to giving appropriate
instructions in the event that they have interfered with the right to hold meetings and
the freedom of assembly of the trade unions involved and to keep the Committee informed
of the measures taken in this respect.
- 570. The Committee invites the Government to avail itself of the
technical assistance of the Office in respect of the matters raised in this case.
The Committee’s recommendations
The Committee’s recommendations- 571. In the light of its foregoing interim conclusions, the Committee
invites the Governing Body to approve the following recommendations:
- (a) The Committee requests the Government to amend section 98(e) of the Labour Code,
in consultation with the social partners, so as to eliminate the restriction placed
on the organizing rights of migrant workers and to keep it informed of all measures
taken in this respect.
- (b) The Committee requests the Government to take the necessary measures, in
consultation with the social partners, to ensure that foreign workers enjoy their
freedom of association rights, including to the right to be elected to trade union
office. It requests the Government to keep it informed of the measures taken in this
respect.
- (c) The Committee requests the Government to take, in consultation with the social
partners, the necessary measures, including legislative, in order to ensure that all
workers in all sectors in the country, with the only possible exception of the armed
forces and the police enjoy the right to establish and join organizations of their
own choosing. The Committee requests the Government to keep it informed of the
measures taken or envisaged in this regard.
- (d) The Committee requests the Government to take the necessary measures, in
consultation with the social partners, to amend the Labour Code so as to ensure that
more than one trade union organization per sector or industry can be established if
the workers so desire. It requests the Government to keep it informed of the
developments in this regard.
- (e) The Committee requests the Government to provide information, including specific
legal provisions, regarding the right to organize and to bargain collectively in the
public sector, including in the public service.
- (f) The Committee requests the Government to take the necessary measures, in
consultation with the social partners, to amend section 98(f) of the Labour Code so
as to ensure that minors who have reached the legal age for employment, whether as
workers or trainees, are fully protected in their exercise of the freedom of
association rights. It requests the Government to provide information on measures
contemplated or adopted in this respect.
- (g) The Committee requests the Government to amend section 116 of the Labour Code in
consultation with the social partners and to keep it informed of the measures taken
in this regard.
- (h) The Committee requests the Government to review the fines with the social partners
in order to determine what would represent a sufficiently dissuasive sanction and to
take the necessary measures to amend the relevant legislative provision accordingly.
It requests the Government to keep it informed of the steps taken in this
regard.
- (i) The Committee trusts that steps will be taken in the near future to amend the
legislation and requests the Government to keep it informed in this respect. It
further draws the attention of the CEACR to the legislative aspects of this
case.
- (j) The Committee urges the Government to provide detailed observations on the two
alleged cases of detention without further delay.
- (k) The Committee requests the Government to provide detailed information on any
investigation conducted into the alleged acts of discrimination against trade
unionists.
- (l) The Committee requests the Government and the complainant to provide information
on the outcome of the appeal in the case involving the Independent Union of
Electricity Workers regarding the employer’s alleged denial to bargain
collectively.
- (m) The Committee requests the Government to review the allegations of cancellation by
the authorities of public meetings organized by independent trade unions with the
competent authorities with a view to giving appropriate instructions in the event
that they have interfered with the right to hold meetings and the freedom of
assembly of the trade unions involved and to keep the Committee informed of the
measures taken in this respect.
- (n) The Committee invites the Government to avail itself of the technical assistance
of the Office in respect of the matters raised in this case.
