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

Maritime Labour Convention, 2006 (MLC, 2006) - Jordan (Ratification: 2016)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2018 entered into force for Jordan on 26 December 2020. It notes that Jordan has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2014 by the International Labour Conference and is therefore not bound by these amendments. The Committee also notes that the amendments to the Code approved by the International Labour Conference in 2022 will enter into force for Jordan on 23 December 2024.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes the Government’s indication, in reply to its previous comment, that national legislation governing the implementation and enforcement of the provisions of the Convention will be updated. The Committee requests the Government toadopt, without delay, the necessary laws and regulations to give full effect to the provisions of the Convention taking into account the points raised below.

Article VII. Consultations. The Committee notes that, in reply to its previous comment regarding the lack of reference to the seafarers’ and shipowners’ organizations consulted in the framework of the Convention, the Government indicates that while there are no organizations in Jordan that represent shipowners, it consults the Shipping Agents Association (SAA) as a body representing shipowners. Concerning seafarers, it adds that it will consult the newly established Jordanian Maritime Educational Institutions Graduates Club Association (JMEIGCA) after the issuance of special permits by the relevant authorities. The Committee requests the Government to provide detailed information on the composition of the JMEIGCA and on the nature of the consultations held with the SAA and the JMEIGCA.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes that, in reply to its previous comment, the Government indicates that the relevant national legislation will be updated to take into account the definitions contained in the convention. The Committee requests the Government to adopt without delay the necessary measures to ensure that the laws and regulations that will be adopted to implement the Convention apply to all seafarers as defined in Article II, paragraph 1(f).

Article II, paragraphs 6 and 7. Definitions and scope of application. Ships under 200 gross tonnage. The Committee notes that, in reply to its previous comment, the Government indicates that the relevant national legislation will be updated and that the definitions contained in the Convention will be taken into account. Recalling that the Convention does not contain a general or overall exclusion of ships below a certain gross tonnage, the Committee requests the Government to amend without delay its legislation to ensure that the provisions of the Convention apply to all ships covered within its scope of application. The Committee further requests the Government to provide detailed information on any substantial equivalence or exemption granted by the competent authority.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes the Government’s indication, in reply to its previous comment, that national legislation regulating the prohibition of work on ships flying the Jordanian flag for those under the age of 16 will be updated. The Committee requests the Government to adopt without delay the necessary measures to ensure that no person under the age of 16, including cadets or apprentices, is allowed to work on board.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. In reply to its previous comment, the Government indicates that national legislation regulating night work for workers aged 16 to 18 will be updated. The Committee requests the Government to adopt without delay the necessary measures to ensure the prohibition of night work of seafarers under the age of 18, in accordance with Standard A1.1 paragraphs 2 and 3.

Regulation 1.2 and the Code. Medical certificate. The Committee notes the Government’s indications that the legislation governing medical fitness certificates for seafarers will be updated as part of the modernization of the national measures that are giving effect to the STCW convention. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A1.2.

Regulation 1.4 and the Code. Recruitment and placement. the Committee notes, in reply to its previous comment, the Government’s indication that recruitment and placement private and public companies (R&P) employing seafarers are required to be registered with the Jordanian Maritime Authority and to carry out their activities in accordance with the conditions set out by it. The Government underlines that the R&P companies are prohibited from using means intended to prevent seafarers from gaining employment for which they are qualified and offer their services free of charge for seafarers. The Government adds that the national legislation will be updated to ensure that a seafarer or an accredited seafarers’ organization has the right to lodge complaints regarding the activities of recruitment and placement services. The Government further indicates that measures will be adopted regarding the use, by shipowners of ships flying the Jordanian flag, of recruitment and placement services operating in countries that have not ratified the Convention. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A1.4.

Regulation 2.1 and Standard A2.1, paragraphs 1 to 4. Seafarers’ employment agreements. Requirements. Documents available in English. Content. The Committee notes the Government’s indication, in reply to its previous comment, that national legislation will be updated to give effect to Standard A2.1,paragraphs 1-4, of the Convention, in particular with regard to the right of seafarers to examine the employment agreement prior to signing it, to the record of employment and to the content of the employment seafarers’ agreement. The Committee accordingly requests the Government to adopt without delay the necessary measures to give full effect to Standard A2.1, paragraphs 1-4.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. Shorter notice period for urgent reasons. The Committee notes the Government’s indication, in reply to its previous comment, that national legislation will be updated to give full effect to this provision of the Convention. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A2.1, paragraphs 5 and 6.

Regulation 2.1 and Standard A2.1, paragraph 7. Seafarers held captive as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). Noting that the copy of the DMLC, part I, provided with the report, refers to the protection of seafarers held in captivity, in accordance with the Convention, without however indicating the relevant national legislation, the Committee requests the Government to reply to the above-mentioned questions and to indicate in each case the applicable national provisions.

Regulation 2.2 and the Code. Wages. The Committee notes the Government’s indication, in reply to its previous request, that the national legislation governing the enforcement of Standard A2.2 will be amended to give effect to this provision of the Convention. The Committee requests the Government to adopt without delay the necessary measures to give effect to these requirements of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee notes the Government’s indication, in reply to its previous comment, that national legislation governing the implementation of the provisions of the Convention on working hours of seafarers will be updated. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A2.3, paragraph 3.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes the Government’s indication, in reply to its previous comment, that national legislation governing the implementation of the provisions of the Convention will be updated to give full effect to Standard A2.3, paragraph 14, including the right of seafarers to compensatory rest for work performed in a schedule rest period. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A2.3, paragraph 14.

Standard A2.4, paragraphs 1 to 3.Entitlement to leave. Minimum paid annual leave. Prohibition of agreements to forgo annual leave. The Committee notes the Government’s indication, in reply to its previous comments, that national legislation governing the implementation of these provisions of the Convention will be updated. Recalling the fundamental importance of paid annual leave to protect the health and well-being of seafarers and to prevent fatigue, the Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A2.4, paragraphs 1 and 2, and to ensure that all agreements to forgo the minimum annual leave are prohibited, unless in specific cases, restrictively provided for by the competent authority, as provided by Standard A2.4, paragraph 3.

Regulation 2.5, paragraph 2. Repatriation. Financial security. The Committee notes the Government’s indication, in reply to its previous comment, that financial security certificate in the form of civil liability certificate is provided by the shipowner or the ship operator in conformity with Regulation 2.5, paragraph 2 and Standard A2.5.2 to enable the repatriation of seafarers. The Committee notes that the DMLC, part I, provided by the Government, mentions the obligation for each shipowner “to require ships that fly Jordanian flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code” and refers to a financial security system in case of abandonment of seafarers. The Committee also notes the Government’s indication that national legislation will be updated to give full effect to Regulation 2.5, paragraph 2 and Standard A2.5.2. The Committee requests the Government to provide any updated information on the progress made in this regard.

Regulation 2.5 and Standard A2.5.1, paragraphs 1-3 and 5. Repatriation. The Committee notes that the Government has not replied to its comment on the implementation of Standard A2.5.1, paragraphs 1 to 3 and 5. The Committee recalls that Standard A2.5.1 provides that each Member shall ensure that there are provisions in its laws and regulations or other measures or in collective bargaining agreements that cover: the circumstances in which seafarers are entitled to repatriation in accordance with paragraph 1(b) and (c) of this Standard, the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months; and the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements. The Committee also recalls that Standard A2.5.1, paragraph 3, prohibits shipowners from requiring that seafarers make an advance payment towards the cost of repatriation and that standard A2.5.1, paragraph 5, establishes the subsidiary responsibility of the flag State when the shipowner fails to make the necessary arrangements for or to meet the cost of repatriation of seafarers who are entitled to be repatriated.The Committee requests again the Government to adopt without delay the necessary measures to give full effect to Standard A2.5.1, paragraphs 1, 2, 3 and 5.

Regulation 2.6 and the Code. Seafarers’ compensation for the ship’s loss or foundering. The Committee notes the Government’s indication, in reply to its previous comment, that according to section 164 of the Jordanian Maritime Commercial Law of 6 May 1972 (JMCL), the court may reduce the seafarers’ compensation for ship’s loss or foundering due to the seafarer’s negligence or fault. While recalling that such restriction is not authorized by Standard A2.6, paragraph 1 of the Convention, and that no conditions are imposed as regards seafarers’ compensation for the ship’s loss or foundering, the Committee requests the Government to indicate the measures taken to amend the JMCL to give full effect to these requirements of the Convention.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. The Committee notes the Government’s indication, in reply to its previous comment, that national legislation governing the safe manning level will be updated to incorporate these requirements of the Convention. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A2.7, paragraph 3.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes the Government’s indication, in reply to its previous comment, that accommodation and recreational facilities on Jordanian-flagged vessels are inspected by Recognized Organisations (ROs) at least once in three years. It further notes the indication that national legislation will be updated to give full effect to the provisions of Regulation 3.1. While noting this information, the Committee recalls that ships flying the Jordanian flag are required to provide and maintain decent accommodations and recreational facilities for seafarers working and living on board, consistent with promoting the seafarers’ health and well-being, even for ships constructed before the date when the Convention came into force for Jordan. The Committee also recalls that each Member shall adopt laws and regulations requiring that ships that fly its flag meet the minimum standards to ensure that any accommodation for seafarers, working or living on board, or both, is safe, decent and in accordance with the relevant provisions of Standard A3.1 (Standard A3.1, paragraph 1 (a)). The Committee requests the Government to adopt without delay the necessary measures to give full effect to the detailed requirements of the Convention regarding accommodation and recreational facilities on board ships flying the Jordanian flag.

Regulation 3.1 and Standard A3.1, paragraph 18. Accommodation and recreational facilities. Frequent inspections. The Committee notes the Government’s indication, in reply to its previous comment, that national legislation governing the implementation of the provisions of the Convention will be updated to include provisions implementing Regulation 3.1. Such update will include ROs periodic flag State vessel inspection ensuring compliance with the requirements of the provisions of the Convention, in particular providing guidance for the master of the vessel to carry out periodic inspection of accommodation and recreational facilities. The Committee requests the Government to take without delay the necessary measures to amend its national legislation to give full effect to Standard A3.1, paragraph 18.

Regulation 3.2 and the Code. Food and catering. The Committee notes the Government’s indication, in reply to its previous request, that national legislation will be updated to be in line with the provisions of Regulation 3.2 of the Convention. Recalling that each Member shall adopt laws and regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering standards that apply to meals provided to seafarers on ships that fly its flag, the Committee requests the Government to amend without delay its legislation to give full effect to Standard A3.2.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes the Government’s indication, in reply to its previous request, that national legislation will be updated in conformity with the provisions of Regulation 4.1 and the Code. The Committee recalls once again that the Convention requires that: (i) seafarers are permitted by the shipowner/master to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph1(c)); (ii) ships carry on board a qualified doctor who is responsible for providing medical care to seafarers in specific circumstances (Standard A4.1, paragraph 4(b)); (iii) ships’ medicine chests, medical equipment and medical guides are inspected at regular intervals, to ensure that they are properly maintained (Standard A4.1, paragraph 4(a)); (iv) ships are required to carry appropriate equipment and maintain up-to-date contact information for radio or satellite communication to obtain onshore medical advice while on a voyage (Standard A4.1, paragraphs 1(b) and 4(d)); (v) seafarers on board foreign ships in Jordan territory who are in need of immediate medical care are given access to the Member’s medical facilities on shore (Regulation 4.1, paragraph 3). The Committee requests the Government to adopt without delay the necessary measures to give full effect to Regulation 4.1, paragraph 3 and to Standard A4.1, paragraphs 1 to 4.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes the Government’s indication, in reply to its previous request, that a financial security certificate is issued by the shipowner in a form of civil liability certificate covering the costs for seafarers working on their ships. The Committee also notes the Government’s indication that the Seafarer’s Health Care Civil Liability Certificate is issued in accordance with Regulation 4.2. While noting that sections 148, 149 and 150 of the JMCL and section 90 of the Labour Code partially give effect to Standard A4.2.1, the Committee requests the Government to adopt without delay the necessary measures to give full effect to these requirements of the Convention.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes the Government’s indication, in reply to its previous request, that when updating national legislation to give full effect to Regulation 4.3 and Standard A4.3, it will take into consideration the guidance contained in the ILO Guidelines on the implementation of the provisions on safety and health as required by the Convention. While noting this information, the Committee requests the Government to adopt without delay the necessary measures to give full effect to these requirements of the Convention.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication, in reply to its previous comment, that there is one seafarers mission operating in Jordan, and several health facilities prepared and equipped for seafarers to receive medical and emergency cases. The Committee recalls that each Member shall promote the development of welfare facilities in appropriate ports of the country and determine, after consultation with the shipowners’ and seafarers’ organizations concerned, which ports are to be regarded as appropriate. The Committee requests the Government to indicate the measures adopted to give effect to Regulation 4.4 and Standard A4.4.

Regulation 4.5 and the Code. Social security. The Committee notes the Government’s indication that including seafarers under the social security system requires coordination between the Ministry of Labour, the Ministry of Transport/Jordanian Maritime Authority and the Social Security institutions. The Committee recalls once again that under Standard A4.5, paragraph 3, each member is required to undertake steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory, including those working on ships operating under the flag of another country. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A4.5 of the Convention. It further requests the Government once again to provide information on any bilateral or multilateral agreements in which Jordan participates in relation to social security protection, including the maintenance of rights acquired or in the course of acquisition (Regulation 4.5, paragraph 2 and Standard A4.5, paragraphs 3, 4 and 8).

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes that, in reply to its previous comment, the Government provides information on the national system of inspection and the role of Recognized Organizations (ROs) in the country. The Government indicates that the Jordanian Maritime Authority (JMA) accredits ROs to inspect ships flying the Jordan flag in accordance with the requirements of the MLC, 2006 and issues Maritime Labour Certificates in compliance with Standard A5.1.3. The Government indicates that national legislation will be amended by circulars requiring a copy of the MLC, 2006 on board ship. The Committee further notes the list of ROs provided by the Government. While noting this information, the Committee requests the Government to adopt without further delay the circulars to give full effect to the prescriptions of the Convention and to incorporate the specific procedures and requirements provided for under Regulation 5.1 of the Convention concerning flag State responsibilities.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes the Government’s indication, in reply to its previous comment, that JMA delegates its authority to ROs after conducting assessments in accordance with the Code of ROs issued by the IMO by resolution MSC.349(92). Only ROs that are members of the International Association of Classification Societies (IACS) are considered for delegation as they have sufficient capacity and expertise to ensure that shipowners and ship management companies comply with the provisions of the Convention. In this connection, the Government indicates that the JMA also verifies all actions taken by the ROs to issue Maritime Labour Certificates in compliance with the Convention when conducting the annual inspection of Jordanian-flagged vessels. Furthermore, the Committee notes that the Government provided a model agreement governing the authorization of ROs for inspection and certification functions were provided by the Government. The Committee takes note of this information.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee notes the Government’s indication, in reply to its previous comment, that the provisions of Part I of the DMLC will be updated in accordance with national legislation to ensure full compliance with Standard A5.1.3, paragraph 10. The Committee further notes the example of DMLC part I provided by the Government. The Committee recalls that, in accordance with Standard A5.1.3, paragraph 10, Part I of the DMLC shall, among others; (i) identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions as well as, to the extent necessary, concise information on the main content of the national requirements; (ii) refer to ship-type specific requirements under national legislation; (iii) record any substantially equivalent provisions adopted pursuant to paragraph 3 of Article VI; and (iv) clearly indicate any exemption granted by the competent authority as provided in Title 3. The Committee requests the Government to adopt without delay the necessary measures to ensure full conformity with Standard A5.1.3, paragraph 10 and to provide a copy of the revised DMLC Part I.

Regulation 5.1.4 and Standard A5.1.4, paragraph 7. Flag State responsibilities. Inspection and enforcement. Powers of inspectors. The Committee notes the Government’s indication, in reply to its previous comment, that flag State control legislation will be updated in line with the provisions of the Convention, ensuring that inspectors are empowered to impose technical detention and prohibit sailing in the event of violation of relevant provisions of the Convention. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Regulation 5.1.4 and Standard A5.1.4, paragraph 7.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 12 and 13. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. Records of inspections. Noting that no answer has been provided on this point, the Committee requests the Government once again to indicate how effect is given to the requirement of Standard A5.1.4, paragraphs 12 and 13 of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 10. Flag State responsibilities. Inspection and enforcement. Confidentiality of sources of grievances or complaints. In reply to its previous comment, the Committee notes the Government’s indication that legislation will be updated to ensure that shipowners and ship management companies are required to post indications on the procedures that seafarers follow when filing a complaint, while ensuring strict confidentiality of the identity of the complainant and of the subject matter of the complaint. The Committee recalls that Standard A5.1.4, paragraphs 10 and 11(b), provides that inspectors shall treat as confidential the source of any grievance or complaint and must not reveal any commercial secrets or confidential working processes or information, which may come to them in the course of their duties. The Committee requests the Government to update its legislation without further delay to give full effect to Regulation 5.1.4 and Standard A5.1.4, paragraph 10.

Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On board complaint procedures. The Committee notes the Government’s indication, in reply to its previous comment, that national legislation will be updated to ensure that shipowners and ship management companies are required to put up signboards that include the procedures that seafarers must follow when submitting a complaint. It further indicates that confidentiality of the identity of the complainant and of the subject matter of the complaint are ensured. It further notes that the Maritime Authority has a Complaint Management Committee to receive and deal with complaints through all available communication channels (phone, fax, email, official website), including a governmental complaint management platform that allows any seafarer to submit a complaint relating to disputes on board ships. It finally notes a model of on-board complaint form provided by the Government. While noting this information, the Committee recalls that Regulation 5.1.5 sets out that each Member shall require that ships that fly its flag have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of this Convention. Such procedures shall include the right of the seafarer to be accompanied or represented during the complaint’s procedure, as well as safeguards against the possibility of victimization of seafarers for filing complaints. In addition, all seafarers shall be provided with a copy of the on-board complaint procedures applicable on the ship. The Committee requests again the Government to adopt the necessary measures to give full effect to Standard A5.1.5 and to indicate the applicable provisions requiring that all seafarers are provided with a copy of the on-board complaint procedures applicable on the ship, including contact information relevant to that particular ship and to the seafarers concerned as provided for under Standard A5.1.5, paragraph 4 of the Convention.

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes the Government’s indication, in reply to its previous comment, that national legislation will be updated to give full effect to the Regulation 5.2.1 and Standard A5.2.1 of the Convention. The Committee requests the Government to adopt the necessary measures to give effect toRegulation 5.2.1 and to Standard A5.2.1. Furthermore, the Committee requests the Government toprovide statistics on: (i) the number of foreign ships inspected in ports in accordance with the MLC, 2006; (ii) the number of more detailed inspections carried out in accordance with Standard A5.2.1, paragraph 1; (iii) the number of cases in which significant deficiencies have been detected; and (iv) the number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of the MLC, 2006.

Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Inspections in port. Compensation for undue detention of a ship. The Committee takes note of the Government’s indication, in reply to its previous comment that, in the case of technical detention by the Maritime Authority, section 11 of the Port State Control Instructions stipulates that “the Authority shall make all possible efforts to avoid preventing ships from traveling or delaying their sailing without justification”. The Committee takes note of this information.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s indication, in reply to its previous comment, that the Maritime Authority has a complaint management committee which receives and deals with complaints through all available communication channels (phone, fax, email, official website). It further notes that the Government has established a Complaint Management Platform that allows seafarers to submit a complaint about any maritime disputes related to their work on board ships. The Committee takes note of this information.