Interim Report - Report No 397, March 2022

Case No 3337 (Jordan) - Complaint date: 15-SEP-18 - Active

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

1. 441. The Committee last examined this case (submitted in 2018) at its March 2021 meeting, when it presented an interim report to the Governing Body [see 393rd Report, paras 513–571, approved by the Governing Body at its 341st Session].
2. 442. The Government provided its observations in a communication dated 11 January 2022.
3. 443. 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).

A. Previous examination of the case

1. 444. At its March 2021 meeting, the Committee made the following recommendations [see 393rd Report, para. 571]:
   • (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 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.

B. The Government’s reply

1. 445. In its communications dated 11 January 2022, the Government provides the following information in reply to certain recommendations of the Committee.
2. 446. In relation to recommendation (a) regarding the restriction placed on the organizing rights of migrant workers and recommendation (b) on the granting of freedom of association rights, including the right to be elected to trade union office, to foreign workers, the Government reiterates that the Labour Code promotes equality in rights and duties between Jordanian and non-Jordanian workers and that its provisions, including those related to trade union membership, apply to all workers without distinction and irrespective of sex, nationality, race, colour or religion. The Government states that section 103(a) of the Labour Code provides expressly that trade unions shall be deemed to have legal personality and enjoy financial and administrative independence and shall function in accordance with the provisions of the Code and their own rules of procedure, including for the election to the executive board, the conditions to be met by candidates and the head of the executive, and in which the Government does not intervene. Any violation by a trade union of its rules of procedure or the manner in which its executive board is elected can be contested only before the courts. With regard to the Committee’s request for amending section 98(e) of the Labour Code, so to eliminate the requirement that the founders of trade unions must be Jordanian, the Government states that labour legislation that States enact with the aim of meeting their social, political and economic needs differ and develop as the need evolves and that the overlap with other legislation and legal provisions is taken into account when they regulate new legal situations.
3. 447. With regard to recommendation (e) requesting measures 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 Government declares that the amendments introduced to the Labour Code in 2019 (Act No. 14 of 2019) promoted the expansion of occupations for which trade unions may be established, pursuant to a decision of the Minister classifying new occupations and sectors not covered by trade unions. According to the Government, the Labour Code enables workers in different sectors to join trade unions and available data show that registered trade unions cover all of the sectors and economic activities that are subject to the provisions of the Labour Code. The Government asserts that the Ministry does not impose any limitations on the registration of trade unions or employers’ associations.
4. 448. In reply to the Committee’s request for information regarding the right to organize and to bargain collectively in the public sector, including in the public service (recommendation (e)), the Government asserts that Articles 16(2) and 23(f) of the Constitution of Jordan guarantee the right to organize legal associations to Jordanian workers in both the public and the private sectors, within the limits of the law. Consequently, the Jordanian Civil Service Statute (No. 9 of 2020) governing workers in the public sector does not prohibit any public sector worker from joining professional unions such as the Medical Association, the Engineers’ Association, the Teachers’ Union, the Dental Association, the Pharmacists’ Association and the Agricultural Engineers’ Association. Each professional association is formed and functions according to its own statutes.
5. 449. With regard to the right of public sector employees to form trade unions, the Government indicates that the Constitution restricts the legislature on matters relating to public officials in the Cabinet. According to the Government, following the Interpretative Decision (No. 1 of 1994) by the High Council for the Interpretation of the Constitution, the Legislature does not have the right to legislate on matters relating to public officials, and professional unions are established pursuant to the provisions of special laws. Therefore, public sector employees are denied the right to establish trade unions, as these are established pursuant to the Labour Code which excludes public sector employees from its scope. Additionally, the Government indicates that public servants are excluded from the provisions of the Labour Code and are subject to the provisions of the civil services administration system.
6. 450. In relation to the Committee’s request 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 (recommendation (f)), the Government points out that the national legislation provides that a person must have reached the age of legal majority, 18 years of age, in order to perform acts with legal effect, such as the establishment and membership of trade unions and/or the participation in elections of executive board members.
7. 451. In relation to the Committee’s request to amend section 116 of the Labour Code (recommendation (g)), the Government recalls that according to the said provision, as amended by Act No. 14 of 2019, in the event that the members of the executive board of the trade union violate the legislation, the board’s attention is drawn to the need to rectify the situation as a first step; if it continues to violate the legislation a decision to dissolve the executive board, not the union, is issued. The trade union remains in existence and its administration is temporarily entrusted for a period, not exceeding six months, to an administration appointed in coordination with the General Federation of Trade Unions so that an executive board can be elected by the general membership of the union. The amendment was made by the National Assembly (not the Government) further to a number of disputes that occurred between executive board members and the membership of a number of trade unions and employers’ unions, which lead to the disruption of the activities of the unions. Many trade unionists called for action from the Ministry of Labour to maintain the continuity of trade union activities, leading to the adoption of the measure stipulated in article 116 of the Labour Code. The legislature however placed the decision of the Minister of Labour under judicial control and provided for the possibility to appeal such decision before the Administrative Court. In this regard, according to records from the Ministry of Justice, the Minister of Labour has not issued any decision under the provisions of this article, hence no appeal has been filed before court.
8. 452. Furthermore, with regard to the Committee’s recommendation that the Government determine what would represent a sufficiently dissuasive sanction against employers which violate the Labour Code, and take the necessary measures to amend the relevant legislative provision accordingly (recommendation (h)), the Government informs that it has put a bill before the National Assembly to amend a number of legal provisions of the Labour Code to regulate the labour market and to provide greater protection to workers. One of the proposed amendments concerns the penalties imposed on employers which violate the provisions of the Labour Code, including section 139, are increased from the current maximum of 100 Jordanian dinars (US$140) to a maximum of 1,000 Jordanian dinars (US$1,400). According to the Government, the Committee on Labour, Social Development and population of the National Assembly concluded its discussion by approving the Bill.
9. 453. Concerning the two alleged cases of detention and any investigation conducted into the alleged acts of discrimination against trade unionists Mr Muhammad Al-Sunayd and Mr Amin Ghanim (recommendations (j) and (k)), the Government denies any detention of individuals on trade union grounds. While noting that the complainant did not provide any evidence or proof of the alleged detention, the Government informs that the assertions were investigated and that it was found that the Government does not discriminate against the Jordanian Federation of Independent Trade Unions (JFITU) and its members. A detention on grounds of freedom of expression is not possible unless it involves a violation of the law.
10. 454. With regard to the outcome of the appeal in the case involving the Independent Union of Electricity Workers regarding the employer’s alleged denial to bargain collectively (recommendation (l)), the Government asserts that no case was filed before the courts by the so-called Independent Union of Electricity Workers, therefore no judicial decisions have been handed down in this regard. The only court case was brought by a number of workers at the Phosphate Mines Company, acting on behalf of the membership to file an application to establish an independent trade union. The case (No. 8 of 2012) was brought before the High Court of Justice, which handed down a decision on 27 March 2012 dismissing the case on the ground that the decision to turn down their application to establish an independent trade union was correct and in accordance with the law. The Government adds that, at that time, the High Court of Justice was a one-level court, the decisions of which were definitive and not subject to appeal. In 2014, the administrative courts were divided into two levels, the Administrative Court and the Supreme Administrative Court, to which an appeal may be brought against the decisions of the Administrative Court.
11. 455. In reply to recommendation (m), the Government recalls that article 16(1) of the Constitution of Jordan grants the right of assembly in accordance with the provisions of the applicable regulatory laws, and section 4 of the Public Meetings Act (No. 6 of 2004) regulates the mechanism for holding meetings or organizing marches, including the requirement to “notify” the authorities 48 hours in advance in order to enable them to uphold their duty to maintain public safety. Otherwise, any public meeting held or march organized contrary to the provisions of the Act and its regulations constitutes an unlawful act.
12. 456. Additionally, the Government points out that independent unions or the JFITU are entities that have not complied with the procedures set out in the Labour Code for their establishment and operation. Therefore, their legal existence cannot be recognized and they do not represent workers and cannot defend their interests. This situation prompted the Ministry of Labour, in order to protect the rights of workers joining these independent unions, to send an official note to all ministries and state-owned companies informing them that the entity known as the JFITU is not a recognized union, with a view to strengthening the rule of law, identifying the authorities with which they can deal officially and enabling them to distinguish in their dealings with unions between those that are legally registered and those that are not.

C. The Committee’s conclusions

1. 457. The Committee recalls 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.
2. 458. In relation to its previous recommendations on the restriction placed on the organizing rights of migrant workers, the Committee notes that the Government reiterates that the Labour Code promotes equality in rights and duties between Jordanian and non-Jordanian workers and that its provisions, including those related to trade union membership, apply to all workers without distinction and irrespective of the nationality. The Government refers to section 103(a) of the Labour Code which provides that trade unions shall be deemed to have legal personality and enjoy financial and administrative independence and shall function in accordance with the provisions of the Code and their own rules of procedure, including for the election to the executive board, the conditions to be met by candidates and the head of the executive, and in which the Government does not intervene. With regard to the Committee’s specific request for amending section 98(e) of the Labour Code, so as to eliminate the requirement that the founders of trade unions must be Jordanian, the Government merely states that labour legislation that States enact with the aim of meeting their social, political and economic needs differ and develop as the need evolves and that the overlap with other legislation and legal provisions is taken into account when they regulate new legal situations.
3. 459. The Committee again 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 reiterates its request to the Government to amend section 98(e) of the Labour Code 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.
4. 460. With regard to the necessity to grant the right to be elected to trade union office to foreign workers, the Committee reiterates that such restriction on the right to organize prevents migrant workers from playing an active role in the defence of their interests, especially in sectors where they are the main source of labour. The Committee 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 reiterates its request to 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 the right to be elected to trade union office. It requests the Government to keep it informed of the measures taken in this respect.
5. 461. The Committee recalls that the allegation of the JFITU also concerns serious restrictions to the right to organize for domestic and agricultural workers. The Committee previously noted the Government’s indication that agricultural workers are subject to the Labour Code and there is no special law relating to them. As for the situation of domestic workers, the Government previously indicated 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 pointed 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 Liberal Professions. 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 work is under way to prepare specific regulations which should enable agricultural workers to establish and join a representative trade union. The Committee expects that the Government will adopt without delay the necessary regulatory measures to ensure that agricultural workers can establish and join the organization of their own choosing. It further expects that the Government will take the necessary measures to ensure that domestic workers can freely establish or join the organization of their own choosing and not be restricted to joining an existing and registered trade union. The Committee requests the Government to provide information on the measures taken in this respect.
6. 462. With regard to its request that the Government amend section 98(f) of the Labour Code so as to ensure that minors who have reached the legal age for employment are fully protected in their exercise of the freedom of association rights, the Committee notes the Government’s explanation that the national legislation provides that a person must have reached the age of legal majority, 18 years of age, in order to perform acts with legal effect, such as the establishment and membership of trade unions and/or the participation in elections of executive board members. Previously, the Committee had noted the Government’s indication that the working age is set at 18, but observed that section 73 of the Labour Code prohibits the employment of minors under 16 years of age. Recalling that minor workers should be allowed to form and join trade union organizations of their own choosing [see Compilation, para. 417] and noting that the Government has failed to take steps to give effect to its previous recommendation, the Committee urges 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.
7. 463. In relation to its request for information regarding the right to organize and to bargain collectively in the public sector, including in the public service, the Committee notes the Government’s indication that articles 16(2) and 23(f) of the Constitution of Jordan guarantee the right to organize legal associations to Jordanian workers in both the public and the private sectors, within the limits of the law. Moreover, according to the Government, the Jordanian Civil Service Statute (No. 9 of 2020) governing workers in the public sector does not prohibit any public sector worker from joining professional unions, such as the Medical Association, the Engineers’ Association, the Teachers’ Union, the Dental Association, the Pharmacists’ Association and the Agricultural Engineers’ Association, which are formed and function according to their respective statutes. In this regard, the Committee notes from the information provided by the Government to the CEACR that these professional unions participate in the Public Service Council as well as committees established for the purpose of amending the Public Service Regulations, thus ensuring their 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 regulations. The Committee also notes the Government’s reiteration that public servants are excluded from the provisions of the Labour Code and are subject to the provisions of the civil services administration system. While taking note of this information, the Committee recalls 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 take meaningful steps, including specific legal provisions, to ensure the right to organize and to bargain collectively in the public sector, including in the public service. It requests the Government to keep it informed of the developments in this regard.
8. 464. With regard to its previous recommendation requesting the Government to take measures 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 notes the Government’s assertion that the amendments introduced to the Labour Code in 2019 (Act No. 14 of 2019) promoted the expansion of occupations for which trade unions may be established, pursuant to a decision of the Minister classifying new occupations and sectors not covered by trade unions. According to the Government, the Labour Code enables workers in different sectors to join trade unions and available data show that registered trade unions cover all of the sectors and economic activities that are subject to the provisions of the Labour Code. The Government further asserts that the Ministry does not impose any limitations on the registration of trade unions or employers’ associations. The Committee takes note of this information. It requests the Government to provide the expanded list of sectors in which workers have the right to organize, specifying the occupations and industries reclassified by decisions of the Ministry of Labour. It trusts that the new system will enable all workers to exercise their right to organize and to benefit from collective bargaining rights.
9. 465. The Committee recalls it had also expressed its concern that no more than one union can be established per industry or sector and that the union in question was required to be affiliated to the officially recognized federation, namely the General Federation of Jordanian Trade Unions (GFJTU), which would appear to further consolidate a trade union monopoly in the country. The Committee recalls from its previous examination of this case that this has led the Government to deny recognition to independent trade unions organized outside this structure. The Committee recalled 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 recalled 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]. In the absence of observation in this regard, the Committee is bound to request once again 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.
10. 466. Furthermore, the Committee had previously requested the Government to amend section 116 of the Labour Code which 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 by-laws of the organization are in violation of the legislation in force. The Committee notes that the Government reiterates that the Minister’s decision is subject to appeal before the Supreme Administrative Court, that 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 executive board within a period not exceeding six months. The Government adds that the amendment to section 116 was made by the National Assembly (not the Government) further to a number of disputes that occurred between executive board members and the membership of a number of trade unions and employers’ unions, which led to the disruption of the activities of the unions. Many trade unionists called for action from the Ministry of Labour to maintain the continuity of trade union activities. The legislature however placed the decision of the Minister of Labour under judicial control and provided for the possibility to appeal such decision before the Administrative Court. Lastly, according to the Government, records from the Ministry of Justice reveal that the Minister of Labour has not issued any decision under the provisions of this article, hence no appeal has been filed before court.
11. 467. Taking due note of this information, the Committee however 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 also recalls its view 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 urges the Government to amend without delay 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.
12. 468. With regard to its recommendation that the Government determine what would represent a sufficiently dissuasive sanction against employers which violate the Labour Code and take the necessary measures to amend the relevant legislative provision accordingly, the Committee notes that the Government has put a bill before the National Assembly which included an amendment on the penalties imposed under section 139 of the Labour Code on employers which violate the provisions of the Labour Code. This amendment provides for an increase of the penalties from the current maximum of 100 Jordanian dinars (US$140) to a maximum of 1,000 Jordanian dinars (US$1,400). According to the Government, the Committee on Labour, Social Development and population of the National Assembly concluded its discussion by approving the Bill. The Committee requests the Government to indicate whether it engaged in consultation with the social partners in order to determine whether such fines would represent a sufficiently dissuasive sanction against acts of interference. It requests the Government to keep it informed of the adoption of the amendment.
13. 469. Concerning the alleged cases of detention and acts of discrimination against trade union leaders Mr Muhammad Al-Sunayd (ex-president of the Independent Union of Agricultural Workers) and Mr Amin Ghanim (president of the Independent Union of Art Workers), the Committee notes the Government’s denial of any detention of individuals on trade union grounds. The Government informs that the assertions were investigated and that it was found that the Government does not discriminate against the JFITU and its affiliates and merely indicates that a detention on grounds of freedom of expression is not possible unless it involves a violation of the law. The Committee 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 urges the Government to ensure full respect of the above.
14. 470. The Committee recalls that it also noted a number of alleged cases of interference and discrimination suffered by leaders and activists of independent trade unions and requested the Government to provide detailed information on any investigation conducted into the above allegations: (i) dismissal (Mr Khaled Hasan Ali, worker at the water company); (ii) suspension (Mr Tayel Al Khamayseh, ex-president of the Independent Union of Phosphate Mine Workers); (iii) 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); (iv) 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 (v) 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). In the absence of reply, the Committee urges the Government to provide detailed information on any investigation conducted into the above allegations.
15. 471. 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 article 16(1) of the Constitution of Jordan grants the right of assembly in accordance with the provisions of the applicable regulatory laws, and section 4 of the Public Meetings Act (No. 6 of 2004) regulates the mechanism for holding meetings or organizing marches, including the requirement to “notify” the authorities 48 hours in advance in order to enable them to uphold their duty to maintain public safety. Otherwise, any public meeting held or march organized contrary to the provisions of the Act and its regulations constitutes an unlawful act.
16. 472. The Committee notes the Government’s statement that independent unions or the JFITU are entities that have not complied with the procedures set out in the Labour Code for their establishment and operation. Therefore, their legal existence cannot be recognized and they do not represent workers and cannot defend their interests. This situation prompted the Ministry of Labour, in order to protect the rights of workers joining these independent unions, to send an official note to all ministries and State-owned companies informing them that the entity known as the JFITU is not a recognized union, with a view to strengthening the rule of law, identifying the authorities with which they can deal officially and enabling them to distinguish in their dealings with unions between those that are legally registered and those that are not.
17. 473. The Committee observes that the Government further refers to the outcome of the appeal in the case involving the Independent Union of Electricity Workers regarding the employer’s alleged denial to bargain collectively and notes the information that no case was filed before the courts by the said union, therefore no judicial decisions have been handed down in this regard. According to the Government, the only court case was brought by a number of workers at the Phosphate Mines Company, acting on behalf of the membership to file an application to establish an independent trade union. The case (No. 8 of 2012) was brought before the High Court of Justice, which handed down a decision on 27 March 2012 dismissing the case on the ground that the decision to turn down their application to establish an independent trade union was correct and in accordance with the law. The Government adds that, at that time, the High Court of Justice was a one-level court, the decisions of which were definitive and not subject to appeal.
18. 474. The Committee recalls that the principle of trade union pluralism is grounded in the right of workers to come together and form organizations of their own choosing, independently and with structures which permit their members to elect their own officers, draw up and adopt their by-laws, organize their administration and activities and formulate their programmes without interference from the public authorities and in the defence of workers interests. It also recalls that while it is generally to the advantage of workers and employers to avoid the proliferation of competing organizations, a monopoly situation imposed by law is at variance with the principle of free choice of workers’ and employers’ organizations [see Compilation, para. 483 and 486]. The Committee expects the Government to ensure full observance of the above.
19. 475. Referring to its request above for measures to be taken 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, the Committee deeply regrets the issuance of an official note informing ministries and state-owned enterprises not to recognize the complainant organization and urges the Government to take the necessary steps to ensure that the independent trade unions may be recognized without delay so that they may carry out their activities without interference.
20. 476. The Committee observes that the Government is called upon to conduct consultations with the social partners with a view to preparing relevant amendments to the legislation. The Committee trusts that steps will be taken without further delay to amend the law, with special attention to the importance of ensuring the right of all workers to form and join the organization of their own choosing, and requests the Government to keep it informed in this respect.
21. 477. In conclusion, the Committee must express its concern over the absence of information from the Government on tangible developments concerning the majority of the issues under examination in this case. The Committee must express its firm expectation that the Government will take swift action in this regard and will be able to report on meaningful progress, as this necessarily has an impact on the industrial relations and the exercise of freedom of association rights of all workers in the country.
22. 478. The Committee draws the legislative aspects of the case relating to Convention No. 98 to the attention of the Committee of Experts on the Application of Convention and Recommendations. It 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

1. 479. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee reiterates its request to the Government to amend section 98(e) of the Labour Code 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 reiterates its request to 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 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 expects that the Government will adopt without delay the necessary regulatory measures to ensure that agricultural workers can establish and join the organization of their own choosing. It further expects that the Government will take the necessary measures to ensure that domestic workers can freely establish or join the organization of their own choosing and not be restricted to joining an existing and registered trade union. The Committee requests the Government to provide information on the measures taken in this respect.
   • (d) The Committee urges 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.
   • (e) The Committee requests the Government to take meaningful steps, including specific legal provisions, to ensure the right to organize and to bargain collectively in the public sector, including in the public service. It requests the Government to keep it informed of the developments in this regard.
   • (f) The Committee requests the Government to provide the expanded list of sectors in which workers have the right to organize, specifying the occupations and industries reclassified by decisions of the Ministry of Labour. It trusts that the new system will enable all workers to exercise their right to organize and to benefit from collective bargaining rights.
   • (g) In the absence of observation in this regard, the Committee is bound to request once again 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.
   • (h) The Committee urges 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.
   • (i) The Committee requests the Government to indicate whether it had engaged in consultation with the social partners in order to determine whether the new fines would represent a sufficiently dissuasive sanction against acts of interference. It requests the Government to keep it informed of the adoption of the amendment.
   • (j) In the absence of reply, the Committee urges the Government to provide detailed information on any investigation conducted into the alleged acts of discrimination against trade unionists.
   • (k) 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.
   • (l) The Committee urges the Government to take the necessary steps to ensure that the independent trade unions may be recognized without delay so that they may carry out their activities without interference.
   • (m) The Committee trusts that steps will be taken without further delay to amend the law with special attention to the importance of ensuring the right of all workers to form and join the organization of their own choosing, and requests the Government to keep it informed in this respect.
   • (n) The Committee must express its firm expectation that the Government will take swift action in this case and will be able to report on meaningful progress, as this necessarily has an impact on the industrial relations and the exercise of freedom of association rights of all workers in the country.
   • (o) The committee draws the legislative aspects of the case relating to Convention No. 98 to the attention of the Committee of Experts on the Application of Convention and Recommendations.
   • (p) The Committee invites the Government to avail itself of the technical assistance of the Office in respect of the matters raised in this case.