Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Article 1 of the Convention. Discrimination based on sex, race or colour. Migrant workers. The Committee notes the clarifications provided by the Government in its report about the rationale behind the legal requirements governing the change of employer by a migrant worker. The Government indicates that the requirement that the worker obtains a clearance from the employer at the end of his employment is intended, on the one hand, to safeguard the worker’s rights and ensure that the worker obtains all his/her financial and legal entitlements, besides ensuring that he/she is not exploited on the labour market. On the other, it is also aimed at proving the termination of the work relationship and protecting the worker from any future claims by the employer. In addition, the Committee notes the Government’s reference to section 21 of the Labour Law on employment termination, according to which if the parties agree to terminate a contract, then the transfer of the worker to another employment may take place without the need for a prior clearance. Section 29 furthermore provides that the worker has the right to leave work without notifying the employer, if the employer or his representative has committed an assault by beating or used any form of sexual assault or sexual harassment assaults.

Concerning the Committee’s request for information on the revision of Regulation No. 90/2009 concerning Domestic Workers, Cooks, Gardeners and Similar Categories, the Government informs that Regulation No. 90/2009 was revised by Regulation No. 64 of 2020, which expanded the concept of domestic work so as to include the work of caring for persons with disabilities. The new regulation provides, among other things, that, in the event of a complaint concerning the worker’s place of residence, the place of residence shall be inspected by both a labour inspector and a female labour inspector so as to ensure the application of the provisions of the regulation. If any violation of the Labour Law or the relevant regulations is detected, the employer shall be warned to settle it within a period of one week from the date of notification. Otherwise, a seizure shall be issued to prevent the employer from recruiting or transferring a worker to work for him/her for the period determined by the Minister, and the necessary measures stipulated in the Labour Law in force shall be taken. If the violation committed by the owner of the house constitutes a sexual or physical assault on the worker or a serious violation of any of his/her basic rights, the worker has the right to leave work immediately and to claim his/her rights in accordance with the provision of section 11 of the Regulation. Additionally, the Government refers to the Agricultural Workers Regulation No. 19 of 2021 and indicates that this regulation “was formulated to promote a decent work environment to include all categories of agricultural workers without discrimination in rights between Jordanians and non- Jordanians in terms of regulating hours of work and rest, weekends, vacations and the minimum wage without discrimination for all work of equal value”.

The Committee notes from the ILO’s country profile on the regulatory framework governing migrant workers that agricultural and construction workers can transfer immediately their sponsorship with the consent of the first employer. For other sectors, workers can only transfer after 6 months from the work permit issuance date. In the absence of the employer’s permission, workers other than domestic workers, can change after one year of service with the original employer, except for qualified industrial zones (QIZ) workers and agriculture sector workers who must finish their contracts to change employers. As far as domestic workers are concerned, they can transfer their sponsorship to another employer at any time or terminate the contract with the permission of the employer. Otherwise, they can change after two years of service with the original employer. A domestic worker has also the right to leave work immediately and seek justice if he/she was subjected to sexual or physical abuse, or to a serious violation of the worker’s fundamental rights.

The Committee recalls that certain employment permit systems and sponsorship systems severely restricting the possibility of workers changing workplaces, employers or sponsors may pose particular difficulties in the application of the Convention. Where a system of employment of migrant workers places those workers in a particularly vulnerable position and provides employers with the opportunity to exert disproportionate power over them, this could result in discrimination based on the grounds of the Convention. The Committee considers that providing for appropriate flexibility for migrant workers to change their employer or their workplace assists in avoiding situations in which they become particularly vulnerable to discrimination and abuse. Providing adequate and effective dispute resolution mechanisms is also essential in this context (see General Survey of 2012 on the fundamental Conventions, paragraph 779). The Committee also notes that the UN Committee on the Elimination of Racial Discrimination (CERD), when considering the Government’s follow-up report to its 2017 concluding observations, expressed its concern about continued reports of racial discrimination and racist hate speech towards migrants and refugees (CERD Follow-up letter sent to the State party, CERD/103rd session/FU/MK/ks, 30 April 2021, p. 1).

In light of the above, the Committee asks the Government: (i) to review the specific legislation governing migrant workers, including the sponsorship system, to ensure 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, and to provide information on the outcome of this review; (ii) to provide information on all measures taken to prevent and address discrimination in employment and occupation against migrant workers on the grounds enumerated in the Convention; and (iii) to supply statistical information on the number of men and women workers who have submitted complaints against their employers or sponsors regarding discrimination and abuse, and the outcome of such cases, indicating whether they have requested and been granted a change of workplace.

Article 1(1)(b). Additional ground of discrimination. Persons with disabilities. The Committee welcomes the amendments to article 6 (5) of the Constitution, protecting the rights of persons with disabilities and promoting their participation and integration in various aspects of life. It also recalls the adoption, in 2017, of the Law on the Rights of Persons with Disabilities, which prohibits discrimination on the basis of disability and enshrines the duty to provide “reasonable accommodation”. In light of the above, the Committee asks the Government to provide information on the measures taken to promote equality of opportunity and treatment for persons with disabilities in respect of employment and occupation.

Articles 2 and 3. Equality of opportunity and treatment for men and women. Workers with family responsibilities. The Committee notes the Government’s reference to various initiatives being undertaken with a view to promoting flexible working hours in both the public and private sectors, including the issuance, in 2021, of instructions on flexible working hours in the civil service. The Government further indicates that measures to counter the stereotypical assumptions that the main responsibility for family care lies with women are envisaged under the National Strategy for Women 2020-2025. The Committee also recalls that section 67 of the Labour Law still grants the right for leave without pay for one year to take care of their children to women only. The Committee notes that this may reinforce societal gender norms that childcare is the responsibility of the mother, whereas the role of the father is considered supplementary. The Committee therefore asks the Government: (i) to take measures to amend section 67 of the Labour Law to guarantee that parental leave benefits both men and women, and to provide information on any developments in this regard; and (ii) to continue taking proactive measures to promote the reconciliation between work and family responsibilities, both in the public and private sectors, and a more equitable sharing of family responsibilities between men and women workers, including awareness-raising activities undertaken to address stereotyped assumptions that the main responsibility for family care lies with women, and to provide information in this regard as well as on the application of the flexible working hours arrangements being promoted in both sectors an and the implementation of relevant measures under the National Strategy for Women 2020–2025 and their impact.

Access of women to employment. The Committee notes the Government’s indication that the Companies Law was amended to provide for corporate governance instructions to determine the percentage of women on the executive boards of directors of public shareholding companies. The Committee also notes from the ILO Database of Labour Statistics (ILOSTAT) that, in 2022, the female labour force participation was 13.8 per cent compared with 60.5 per cent for men. The Committee reiterates its request to the Government: (i) 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 jobs traditionally carried out by men and in those offering career prospects; and (ii) to 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. The Committee notes from the information provided by the Government that the percentage of women working in the judiciary increased from 22 per cent in 2018 to 28.7 per cent in 2023. Moreover, in 2022, the number of female ambassadors out of the total number of Jordanian ambassadors reached 13.4 per cent. The Committee asks the Government to continue to provide 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. It also asks the Government to provide information on the specific measures adopted to promote women’s access to the public service and tackle any obstacle they may face to access the various posts and occupations, including 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.

Vocational training. The Committee notes the statistical information on the participation of men and women in vocational training courses provided by the Government. 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, particularly in non-traditional field of study or professions, specifying the type of courses attended and completed and the number of men and women who have secured employment after completing the courses.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s reference to the legal provisions regulating the establishment and functions of the Tripartite Committee for Labour Affairs. The Committee asks the Government to provide information on any specific initiative undertaken by the Tripartite Committee for Labour Affairs concerning discrimination in employment and occupation as well as on any additional cooperation with workers’ and employers’ organizations in this regard.

Monitoring and enforcement. The Committee asks the Government to provide information on the number and nature of complaints relating to cases of discrimination in employment and occupation treated by the competent authorities, as well as the sanctions imposed and remedies granted, as well as violations involving the principle of the Convention detected by or reported to the labour inspectorate.