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

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

Article 1(1)(a) of the Convention. Protection of workers against discrimination. Legislation. For a number of years, the Committee has been asking the Government to provide information about the steps taken towards amending the Labour Law No. 8 of 1996 with a view to explicitly defining and prohibiting direct and indirect discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention in all aspects of employment and occupation, and covering all workers, in line also with the recommendations arising out of the legal review conducted by the National Steering Committee for Pay Equity (NSCPE). The Committee notes that, in its report, the Government refers to some amendments to article 6 of the Constitution, to provide, among other things, for the rights of persons with disabilities and for “women’s empowerment and support to play an active role in building society in a way which guarantees equal opportunity based on justice, equity, and their protection from all forms of violence and discrimination”. The Government also recalls that the Labour Law, as amended by Law No. 14 of 2019, prohibits wage discrimination based on sex. Moreover, section 69 of the Labour Law, as amended by Law No. 10 of 2023, prohibits any discrimination based on sex between employees that would prejudice equal opportunities. At the same time, the Committee notes the concerns expressed by the United Nations Committee on the Elimination of Racial Discrimination about the lack of a specific domestic legislative prohibition of direct and indirect racial discrimination and its repercussions in practice (CERD/103rd session/FU/MK/ks, 30 April 2021, page 1).

The Committee welcomes the reported amendments to the Constitution and the Labour Law. At the same time, the Committee recalls that, in order to give effect to the principle of the Convention, legal provisions should include all the grounds of discrimination listed in Article 1(1)(a) of the Convention, including but going beyond the ground of sex. It is also important to review continually the protection afforded by the national legislation to ensure that it remains appropriate and effective (see the , paragraph 853). It also recalls that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see 2012 General Survey, paragraph 743). The Committee therefore again requests the Government to take the necessary measures to amend the Labour Law No. 8 of 1996, in order to define and prohibit direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation, ensuring that all categories of workers, in both the formal and informal economies, including domestic workers, are covered. Please provide information on any developments in this regard.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee recalls that it previously asked the Government to step up its efforts to ensure that a comprehensive definition and a clear prohibition of both forms of sexual harassment in employment and occupation (quid pro quo and hostile work environment) is included in the Labour Law and to ensure the use of gender-neutral language. It notes the Government’s indication that section 29(b) of the Labour Law has been amended and now provides that an employer or his representative who has committed an assault by beating or used any form of sexual assault or sexual harassment against his employees, shall be punished by a fine. Section 29(c) defines sexual harassment as “any physical or verbal practice or behaviour of a sexual nature or threats associated with it, that violates the dignity of which it is degrading and leads to physical, psychological or sexual harm”. In addition, the Government indicates that a draft policy guide for protection from violence, harassment and discrimination in the world of work towards a safe and healthy work environment will be prepared. The Committee draws the Government’s attention to its 2002 general observation on sexual harassment, hoping that it will be taken into account in the formulation of the policy guide. It emphasizes that the scope of the protection against sexual harassment should cover all employees, male and female, with respect not only to employment and occupation, but also vocational education and training, access to employment and conditions of employment. Moreover, the scope of liability should extend to employers, supervisors and co-workers and, where possible, clients or other persons met in connection with the performance of work duties. The Committee notes that section 29(b) of the Labour Law falls short of ensuring this scope of protection, besides lacking a clear definition and prohibition of both quid pro quo and hostile work environment harassment. The Committee therefore asks the Government to consider including a comprehensive definition and a clear prohibition of both forms of sexual harassment in employment and occupation (quid pro quo and hostile work environment) in the Labour Law, using gender-neutral language, at the earliest opportunity and to provide information on the progress made in this regard. In the meanwhile, the Committee asks the Government: (i) to provide a copy of the policy guide for protection from violence, harassment and discrimination in the world of work towards a safe and healthy work environment and examples of its application in practice to prevent and address sexual harassment in employment and occupation, including any measures taken to promote and monitor the adoption of a workplace policy by companies; (ii) to supply information on the preventive measures taken, including awareness-raising initiatives addressed to the social partners and enforcement authorities. The Committee also reiterates its request for information on the number, nature and outcome of any complaints or cases of sexual harassment in employment and occupation detected by labour inspectors and dealt with by the courts or any other body.

Article 5. Special protection measures. Restrictions on women’s employment. The Committee refers to its previous observation in which it asked the Government to amend section 69 of the Labour Law and the corresponding Ordinance No. 6828 to ensure that any restrictions on women’s employment are limited to maternity protection in the strict sense and are not based on stereotypical assumptions regarding their capacity and role in society. It notes with satisfaction the Government’s indication that section 69 of the Labour Law has been amended as follows: “a. Any discrimination based on sex between employees that would prejudice equal opportunities is prohibited. b. The Minister shall issue the necessary instructions for the protection of pregnant and lactating women, persons with disabilities, and persons who perform night work to create a safe working environment”. Welcoming the amendment, the Committee asks the Government to provide a copy of the instructions implementing section 69 of the Labour Law, once adopted.

The Committee is raising other matters in a request addressed directly to the Government.