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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Jordan (Ratification: 1968)

Articles 1 to 6 of the Convention. Scope of application of the Convention. Foreign workers. In its previous comments, the Committee noted that the legal restrictions to the freedom of association of foreign workers, in addition to the existing union monopoly, have strongly contributed to a situation where, in many sectors foreign workers have no access to collective bargaining, while in some others, their bargaining power is significantly constrained in practice. On that basis, the Committee urged the Government to repeal section 98(e)(1) of the Labour Code (pursuant to which foreign workers do not have the right to establish trade unions) and section 7(a) of the Jordanian Teachers’ Association Act (hereinafter the JTA Act) (pursuant to which foreign workers cannot join the JTA) and requested it to promote collective bargaining in the sectors where foreign workers are highly represented. The Committee notes that the Government reiterates that pursuant to sections 98(e) and (f) of the Labour Code, while non-Jordanian workers may join trade unions, they do not have the right to establish trade unions, and that amending section 98(e) would lead to a violation of the Constitution, which grants the right to establish trade unions only to Jordanians. Regarding section 7(a) of the JTA Act, the Government reiterates that in accordance with section 19(d) of the JTA Act, amendments may be proposed only by the board of the union to the central authority of the association, which is then forwarded to the Minister to take the necessary legal measures. The Committee also notes the Government’s reference to the fact that the collective agreements concluded (46 in 2023 and 16 the first half of 2024) cover both Jordanian and non-Jordanian citizens). Noting the Government’s reiterated arguments concerning the legislative review of the above-mentioned provisions, the Committee once again recalls that States have an obligation to take effective measures in their domestic legislations as well as in practice to comply with the Conventions they have ratified. In view of the above, the Committee once again urges the Government to take the necessary measures to repeal the legal provisions that exclude foreign workers from the right to directly engage in collective bargaining, in particular section 98(e)(1) of the Labour Code and section 7(a) of the JTA Act. It also requests the Government to promote collective bargaining in all sectors where foreign workers are highly represented and to provide detailed information on collective agreements concluded therein, specifically indicating the number of migrant workers covered by them.

Domestic workers. The Committee notes that the Government does not provide any information on measures taken to amend the Labour Code or Regulation No. 90 of 2009, as amended by Regulation No. 64 of 2020 on domestic work, which, as previously noted, do not grant domestic workers the rights to organize and bargain collectively. It notes the Government’s indication that no domestic workers have joined the pre-existing sectoral union, the Union of General Services and Free Professions, which, pursuant to Decision No. 2022/45 of the Minister of Labour dated 18 July 2022, domestic workers have the right to join. The Committee once again urges the Government to take appropriate measures to revise the Labour Code or the Regulation on domestic work with a view to expressly recognizing the right of domestic workers to organize and bargain collectively. It once again requests the Government to promote collective bargaining in the domestic work sector and provide information on any measures taken in this respect.

Agricultural workers. Concerning the Committee’s request on measures to promote collective bargaining in the agricultural sector, the Committee notes the Government’s reiterated reference to activities undertaken by the pre-existing sectoral union, the General Trade Union for Workers in Water, Agriculture and Food Industries, aimed at organizing agricultural workers and training them on the basics of union work. In this context, the Committee notes with interest the Government’s indication that the first collective labour contract for workers in the agricultural sector was deposited in March 2024. The Committee requests the Government to continue to provide information on the promotion of collective bargaining in the agriculture sector, and, also, to provide information on the number of workers covered by the collective agreement referred to aboveas well as a copy of the agreement.

Workers aged between 16 and 18 years. In its previous comments, the Committee observed that minors between 16 and 18 years of age have access to employment but are prohibited from joining trade unions as per section 98(f) of the Labour Code and requested the Government to amend the law in this respect. Noting that the Government reiterates its previous indications which relate to questions of legal liability for holding trade union office or being a founder of a trade union, the Committee emphasizes that minors who have reached the minimum legal age for admission to employment, both as workers and apprentices, should be able to join trade unions and to exercise their collective bargaining rights. The Committee notes with regret that there has been no progress in this respect. Therefore, the Committee once again urges the Government to take the necessary measures to amend section 98(f) of the Labour Code to grant the rights under the Convention to all workers having reached the legal age of admission to work. It requests the Government to provide information on the measures taken or envisaged in this respect.

Education sector workers. In its previous comments, the Committee observed that members of the Jordanian Teachers Association (hereinafter the JTA), including public sector teachers (making up the majority of its members and being governed by the JTA Act, which does not provide for collective bargaining rights) and private sector teachers (who make up the minority of its members), did not appear to enjoy the right to collective bargaining. It also noted that at least two cases concerning executives and members of the JTA were pending before the court, including: (1) the case concerning the dissolution by judicial decision of the JTA executive board; and (2) a penal case involving charges of incitement to hatred, disturbing the order at an educational institution, instigating an unlawful assembly, and misuse of authority and wasting public money. The Committee also noted the ITUC’s observations alleging persecution of the members of the JTA by the authorities, and the arrest and detention of 14 of its leading members. It also noted the ITUC’s indications that although the organization had restarted its activities, its leadership had been replaced and its members faced restrictions in organizing collective actions.

Recalling that the right to collective bargaining must be guaranteed for workers in both public and private educational institutions, the Committee notes with deep regret that the Government does not provide information on any measures taken in this respect for members of the JTA, including any new information on the abovementioned cases before the courts. While it notes the Government’s reference to a reply by letter in November 2023 to the observations made by the ITUC, this letter was not attached with the Government’s report. Therefore, the Committee once again urges the Government to: (i) take all the necessary measures, including legislative measures, to effectively recognize in law and effectively respect in practice the right to collective bargaining of the members of the JTA and all workers in public and private educational institutions; and (ii) provide information on the outcome of all penal and civil cases pending against the JTA and its members, including the identities of workers charged in the aforementioned cases, the trade union offices assumed by them, and the concrete acts that have led to these charges. Finally, the Committee once again requests the Government to provide its comments on the observations of the ITUC.

Workers not included in the 17 sectors recognized by the Government. In its previous comments, the Committee noted that section 98(d) of the Labour Code, which provides for a closed list of industries and economic activities in which one trade union per sector may be established, is incompatible with the principles of the Convention, as it will inevitably have the effect of excluding entire categories of workers from the right to establish and join organizations, and therefore from exercising the right to collective bargaining.

The Committee notes with regret that the Government has failed to provide information on any progress made as regards to its request to review and repeal section 98(d) and take measures to ensure that workers in all sectors covered by the Convention have the right to organize and bargain collectively. The Committee recalls that establishing a limited list of occupations with a view to recognizing the right to associate freely is contrary to the right of workers without distinction whatsoever to establish and join organizations of their own choosing. The Committee therefore once again urges the Government to resolve this long-standing issue by repealing section 98(d) of the Labour Code and taking effective measures without further delay to ensure that workers in all sectors without distinction can exercise their right to organize and bargain collectively through the organization of their choosing. It requests the Government to provide information on the measures taken in this respect.

Article 2. Adequate protection against acts of interference. The Committee previously noted that following amendments to section 139 of the Labour Code in 2023, fines for employers in breach of the Code including acts of interference had increased to up to 1,000 Jordanian dinars (US$1,410). It noted that these fines, which can neither be adjusted with inflation nor adapted in proportion to the size of the enterprise, may not be sufficiently deterrent in the long term and in cases in which the interfering employer disposes of considerable financial resources.

The Committee notes that the Government merely reiterates its previous response and refers to the above-mentioned increase of the fines through the legislative amendments in 2023. The Committee therefore once again requests the Government to review section 139 of the Labour Code, in full consultation with the social partners, with a view to effectively strengthening the penalties for acts of interference, so as to ensure that they are sufficiently dissuasive and requests it to provide information on the measures taken in this regard.

Articles 4 and 6. Right to collective bargaining. Trade union monopoly. In its previous comments, the Committee observed that there is a situation of union monopoly in Jordan, where 17 sectoral unions all affiliated to a single confederation, are the only recognized workers’ organizations. It noted that this situation is based on sections 98(d) and 102(c) of the Labour Code and Decision No. 2022/45 of the Minister of Labour, which classifies the industries and economic activities in which trade unions may be established.

The Committee notes that the Government once again reiterates that the objective of such a classification of recognized sectors and non-recognition of new trade unions in any of the sectors with an already existing trade union is to avoid fragmentation and conflict of interest. The Committee notes with regret the lack of progress on this very important and long-standing issue and recalls that the right of workers to free and voluntary collective bargaining should include the right to be represented in collective bargaining by the organization of their choice. Therefore, the Committee once again urges the Government to remove all obstacles to trade union pluralism or the right of workers to establish and join trade unions of their own choosing, by: (i) repealing section 98(d) of the Labour Code and Decision 2022/45 of the Minister of Labour; and (ii) taking effective measures to promote trade union pluralism and the freedom of association and the right to collective bargaining of all workers. It requests the Government to provide information on the measures taken in this regard.

Collective bargaining in the public sector. Public servants not engaged in the administration of the State. In its previous comments, the Committee noted the absence of a legal framework explicitly recognizing the right to collective bargaining of public sector workers who are not engaged in the administration of the State. It also noted the Government’s indications that Government employees may establish unions for the defence of their interests, provided that that they are established through special laws, but that no such special legislation had been issued besides the JTA Act.

In response to the Committee’s request for legislative measures in this respect, the Committee notes with regret that the Government has not provided information or copies of any special regulations or legislations adopted for the creation of trade unions by public sector employees. Recalling the need for measures to guarantee the right to organize and collectively bargain for all workers in the public sector except those engaged in the administration of the State, the Committee once again urges the Government to take the necessary measures to: (i) adopt legislation enabling all public servants not engaged in the administration of the State to establish organizations to defend their interests; (ii) ensure that all public servants not engaged in the administration of the State have an effective framework in which they may engage in collective negotiations over their working and employment conditions through the trade union of their choice, for example, by revising Civil Service Regulation No. 9 of 2020, or by extending the scope of the Labour Code. The Committee requests the Government to provide information on any developments in this regard.

The Committee reminds the Government of the possibility to avail itself of ILO technical assistance regarding the issues raised in this comment.

[The Government is asked to reply in full to the present comments in 2025.]