Informe provisional - Informe núm. 415, Junio 2026

Caso núm. 3337 (Jordania) - Fecha de presentación de la queja:: 15-SEP-18 - Activo

Allegations: The complainant organization alleges that the Labour Code restricts the right of workers to freely organize and bargain collectively. They further allege acts of anti-union discrimination, interference and retaliation by the Government against independent trade unions

1. 200. The Committee last examined this case (submitted in 2018) at its June 2025 meeting and on that occasion presented an interim report to the Governing Body [see 411th Report, approved by the Governing Body at its 354th Session (June 2025), paras 407–439]. 
2. 201. The Government provided its observations in a communication dated 23 January 2026.
3. 202. 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. 203. At its June 2025 meeting, the Committee made the following recommendations [see 411th Report, para. 439]:
   • (a) The Committee urges the Government to indicate the steps taken 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 ensure that foreign workers may be elected to trade union office, at least after a reasonable residence period.
   • (b) The Committee urges the Government to take without delay the necessary measures, in consultation with all social partners concerned, to amend section 98(f) of the Labour Code so as to ensure that minors who are working or trainees as from the age of 16 years (the legal age for employment), may become members of trade unions and are fully protected in their exercise of their freedom of association rights. It once again requests the Government to provide information on measures contemplated or adopted in this respect.
   • (c) The Committee once again urges 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, and to transmit a copy of any special law that enables public employees in a ministry, department, body or government institution to establish a union for the defence of their interests.
   • (d) The Committee once again urges the Government to amend without delay section 116 of the Labour Code in consultation with the social partners and to keep it informed of the measures taken in this regard.
   • (e) The Committee reiterates its long-standing request for measures 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, and to amend the Labour Code to ensure that workers in all sectors of the economy can exercise their right to organize and freely bargain collectively through the organization of their choosing. The Committee is also bound to reiterate its recommendation to ensure that the independent trade unions may be recognized without delay so that they may carry out their activities without interference.
   • (f) The Committee is bound to urge once again the Government to take swift measures to investigate the alleged acts of discrimination against trade unionists and to provide without delay information on their outcome, including on the status of the union leaders mentioned.
   • (g) The Committee once again expresses its firm expectation that the Government will take swift action in relation to all of the Committee’s previous recommendations that it is bound to repeat. The Committee firmly expects that the Government will 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.
   • (h) The Committee once again invites the Government to make use of the possibility of availing itself of the technical assistance of the Office to address the remaining and long-standing matters raised in this case.
   • (i) The Committee invites the Government to accept a direct contacts mission in light of the lack of progress in amending the legislation to address its recommendations.

B. The Government’s reply

1. 204. In its communication dated 23 January 2026, the Government essentially reiterates the following information in reply to the recommendations of the Committee.
2. 205. Concerning the Committee’s request to amend section 98(e) of the Labour Code so as to eliminate the restriction placed on the organizing rights of foreign workers (recommendation (a)), 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 an amendment to section 98(e) would lead to a violation of the Constitution, which grants the right to establish trade unions only to Jordanians. Regarding the Committee’s request to ensure that foreign workers may be elected to trade union office, the Government reiterates that the Labour Code grants trade unions the freedom to conduct their internal affairs independently, including the question concerning the eligibility of members to serve on trade union administrative bodies or other committees. It adds that the Ministry of Labour only assumes a regulatory and supervisory role.
3. 206. 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 admission to employment, whether as workers or trainees, are fully protected in their exercise of their freedom of association rights (recommendation (b)), the Government reiterates its previous observations that the Civil Code provides that a person must have reached the age of legal majority, that is 18 years, in order to exercise their civil rights and perform acts with legal effect. These include trade union activities, such as conducting negotiations, concluding collective agreements, participating in elections or decisions of administrative bodies, and approving the union’s budget. The Government reiterates that accordingly, the requirement in section 98 of the Labour Code that founders or members of a union must have reached the age of 18 years, constitutes a measure intended to protect the will of the worker, which is restricted to the age of majority in order to ensure the lawfulness of all acts related to the right to organize trade unions and engage in collective bargaining. It adds that amending section 98(f) of the Labour Code would therefore violate the relevant provisions of the Civil Code.
4. 207. Concerning the need to take meaningful steps to ensure the right to organize and to bargain collectively in the public sector, including in the public service (recommendation (c)), the Government reiterates its previous indications that articles 16(ii) and (iii) and 23(f) of the Constitution of Jordan guarantee the right of Jordanian workers to organize professional associations in both the public and the private sectors, within the limits of the law, and that each professional association is established pursuant to the provisions of a special law governing its functioning. The Government also reiterates that, consequently, the Jordanian Civil Service Regulations governing workers in the public sector do not prohibit public sector employees from joining professional unions, such as the Medical Association, the Engineers’ Association, the Teachers’ Association, the Dental Association, the Pharmacists’ Association and the Agricultural Engineers’ Association.
5. 208. Regarding the Committee’s request to amend section 116 of the Labour Code (recommendation (d)), the Government reiterates its previous observation that the purpose of this provision is to address disputes that may arise within trade unions, some of which have been detrimental to the public interest and to the interests of union members. It also reiterates that section 116 of the Labour Code, as amended, confers upon the Minister (acting on the recommendation of the Trade Union Registrar) the power to dissolve the administrative body of a trade union (and not the union itself), if it violates provisions of the Code or the regulations issued pursuant to it, or if the union’s by-laws of are in violation of the legislation in force. The Government further reiterates that any such decision of the Minister is subject to appeal before the Administrative Court. It adds, as indicated in its previous observations, that under the same provision, in consultation with the General Federation of Jordanian Trade Unions (GFJTU), the Minister appoints an interim administrative body from among the general membership of the union to administer the union and organize elections for a new administrative body within a maximum period of six months following the dissolution.
6. 209. With regard to the request to amend the Labour Code to enable the establishment of more than one trade union organization per sector or industry, and to ensure the right of workers in all sectors of the economy to organize and freely bargain collectively (recommendation (e)), the Government reiterates its previous observation that, in 2019, section 98(d) of the Labour Code (Act No.14 of 2019) was introduced to promote, by ministerial decision, the expansion of occupations for which trade unions may be established, and that this had resulted in the issuing of the 2022 Decision of the Minister of Labour concerning the categories of industries and economic activities in which workers may establish unions. With regard to the recognition of independent trade unions, the Government reiterates that these organizations have not complied with the procedures governing the establishment and operation of trade unions, as set out in the Labour Code. It reiterates that, for this reason, their legal existence cannot be recognized and they cannot represent workers or defend their interests. The Government further reiterates that this situation prompted the Ministry of Labour, with a view to protecting the rights of workers joining these independent unions, to address an official note to all ministries and state-owned companies informing them that the entity known as the Jordanian Federation of Independent Trade Unions (JFITU) is not a legally recognized union. It reiterates that this measure was intended to strengthen respect for the rule of law and to enable the competent authorities to distinguish between legally registered trade unions and those that are not.
7. 210. As regards recommendation (f) to take swift measures to investigate the alleged acts of discrimination against trade unionists and to provide without delay information on their outcome, including on the status of the union leaders mentioned, the Government reiterates that no case of discrimination against trade unionists has been recorded.
8. 211. The Government further reiterates that it is not reluctant to avail itself of the technical assistance of the Office in any of the areas to be agreed upon with the Ministry of Labour.
9. 212. Finally, with regard to the Committee’s invitation to accept a direct contacts mission in light of the lack of progress in amending the legislation so as to address its recommendations, the Government indicates that it will keep the Committee informed in due course, in coordination with the Permanent Mission of Jordan.

C. The Committee’s conclusions

1. 213. The Committee recalls that in this case, the JFITU alleges that the Labour Code restricts the right of workers to freely organize and bargain collectively. The JFITU further alleges acts of anti-union discrimination, interference and retaliation by the Government against independent trade unions in practice.
2. 214. The Committee notes that the Government reiterates its previous observations concerning the Committee’s recommendation regarding the restrictions placed on the rights of migrant workers to form a union, indicating that the restrictions are limited to the establishment of trade unions, and that amending section 98(e) would result in a violation of the Constitution. The Committee further notes that the Government reiterates its previous indications in relation to the right of foreign workers to be elected to trade union office, namely that trade unions enjoy the freedom to conduct their internal affairs, which includes the question concerning the eligibility of members to serve on trade unions’ administrative bodies or other committees.
3. 215. The Committee notes with regret that no measure has been taken to amend section 98(e) as requested and recalls once again 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. In addition, legislation should be made flexible so as to permit 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 of decisions of the Committee on Freedom of Association, sixth edition, 2018, paras 322 and 623]. The Committee therefore once again urges 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 ensure that foreign workers may be elected to trade union office, at least after a reasonable period of residence.
4. 216. The Committee recalls its previous recommendation to amend section 98(f) of the Labour Code so as to ensure that minors who have reached the legal age for admission to employment can fully exercise their freedom of association rights. Noting that the Government reiterates its previous position in this respect, which touches upon the question of legal liability for holding trade union office or being a founder of a trade union, the Committee recalls that its request concerns section 98(f), which requires workers to be at least 18 years old in order to simply become a member of a union, even though they may legally perform work from the age of 16. The Committee underlines the fundamental nature of the principle that a person whom the law considers old enough to work must also be considered old enough to further and defend occupational interests by establishing or joining organizations of his or her own choosing without previous authorization.
5. 217. The Committee therefore once again urges the Government to take without delay the necessary measures, in consultation with all social partners concerned, to amend section 98(f) of the Labour Code so as to ensure that minors who are working or in training from the age of 16 (the legal age for admission to employment) may become members of trade unions and are fully protected in the exercise of their freedom of association rights. It requests the Government to provide information on measures contemplated or adopted in this respect.
6. 218. 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 reiterated indication that articles 16(ii) and (iii) and 23(f) of the Constitution of Jordan guarantee the right of Jordanian workers to organize professional associations in both the public and the private sectors, within the limits of the law, and that each professional union is established pursuant to the provisions of a special law governing its functioning. The Committee also notes the observations of the Government that the Jordanian Civil Service Regulations governing workers in the public sector do not prohibit any public sector employees from joining professional unions, such as the Medical Association, the Engineers’ Association, the Teachers’ Association, the Dental Association, the Pharmacists’ Association and the Agricultural Engineers’ Association. It notes with regret, however, that the Government has once again not provided a copy of any special law ensuring the freedom of association rights of these workers, as requested.
7. 219. The Committee is therefore bound to recall 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]. Therefore, the Committee once again urges 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, and to transmit a copy of any special law that enables public employees in a ministry, department, body or government institution to establish a union for the defence of their interests.
8. 220. Concerning the Committee’s recommendation to amend section 116 of the Labour Code, which confers on the Ministry of Labour the power to dissolve and replace the administrative body of a representative organization, the Committee notes that the Government reiterates that the purpose of this provision is to address disputes that may arise within trade unions, some of which have been detrimental to the public interest and to the interests of union members. While the Government further reiterates that the Minister’s decision is subject to appeal before the Administrative Court and that, pursuant to the same provision, the Minister, in consultation with the GFJTU, appoints an interim administrative body from among the general membership of the trade union to administer the union and organize elections for a new administrative body within a defined period of time, the Committee once again observes that this process would appear to confirm interference in a trade union’s administration, including through a monopoly structure, even prior to any final judicial decision and contrary to the principles of freedom of association.
9. 221. In the absence of any new information on the steps taken to amend the relevant legislation, the Committee is bound to recall once again 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]. The Committee, therefore, once again urges the Government to amend without delay section 116 of the Labour Code in consultation with the social partners and to keep it informed of the measures taken in this regard.
10. 222. With regard to its long-standing request to amend the Labour Code to enable the establishment of more than one trade union organization per sector or industry, and to ensure the right of workers in all sectors of the economy to organize and freely bargain collectively, the Committee notes that the Government reiterates its previous observation that section 98(d) of the Labour Code (Act No. 14 of 2019) was introduced to promote, by ministerial decision, the expansion of occupations for which trade unions may be established, and that the 2022 Decision of the Minister of Labour sets out the categories of industries and economic activities in which workers may establish unions.
11. 223. The Committee observes that section 98(d) of the Labour Code continues to provide for restrictions on the number of recognized sectoral trade unions and permits only one union per sector. It also notes that workers are therefore still required to join one of the designated sectoral unions, limiting their ability to form and join unions of their own choosing, including independent trade unions.
12. 224. In relation to the recognition of independent trade unions so that they may carry out their activities without interference, the Committee once again notes with concern that the Government has not provided the requested information on any measures taken in practice for their recognition, such as instructions to the competent authorities regarding the right of independent trade unions to freedom of assembly, in the light of previous allegations concerning the cancellation of public meetings. Instead, the Government reiterates its previous position that independent unions have not complied with the procedures set out in the Labour Code for their establishment and operation, and that for this reason, their legal existence cannot be recognized, and they cannot represent workers or defend their interests. It also notes that the Government reiterates that the Ministry of Labour officially notified all ministries and state-owned companies that the JFITU is not a recognized union in order to protect the rights of workers joining these independent unions.
13. 225. In view of the above, the Committee is bound to recall its previous conclusions 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, paras 483 and 486]. The Committee therefore reiterates its long-standing request for measures 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, and to amend the Labour Code to ensure that workers in all sectors of the economy can exercise their right to organize and freely bargain collectively through the organization of their choosing. The Committee is also bound to reiterate its recommendation to ensure that the independent trade unions may be recognized without delay so that they may carry out their activities without interference.
14. 226. The Committee recalls its previous request for investigations into allegations of the following acts of anti-union discrimination, interference and retaliation against independent trade unions: (i) dismissal (Mr Khaled Hasan Ali, worker at the Jordan Water Company referred to in the Committee’s previous report); (ii) suspension (Mr Tayel Al Khamayseh, former 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), (v) transfer (Mr Mahmoud Shihada Al-Khateeb, President of the Independent Trade Union of Workers at the above-mentioned Jordan Water Company); and (vi) threats against company workers wishing to join the independent trade union and exerting 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 above-mentioned Jordan Water Company). The Committee once again notes with deep concern that the Government merely reiterates that no case of discrimination against trade unionists has been recorded. Observing that the lack of recognition of any cases of discrimination may be linked to the non-recognition of the independent unions addressed above, the Committee is bound to urge once again the Government to take swift measures to investigate the above allegations and to provide without delay information on their outcome, including on the status of the union leaders mentioned.
15. 227. In conclusion, the Committee notes that the Government has once again not provided any new information on the matters under examination in this case, nor has it reported progress in implementing the Committee’s previous recommendations. The Committee once again expresses its firm expectation that the Government will take swift action in relation to all of the Committee’s previous recommendations that it is bound to repeat. The Committee firmly expects the Government to report on meaningful progress, as this necessarily has an impact on industrial relations and on the exercise of freedom of association rights of all workers in the country.
16. 228. Taking note of the Government’s reiterated statement that it is not reluctant to avail itself of the technical assistance of the Office in areas to be agreed upon with the Ministry of Labour, and recalling the Government’s previous statement that it was already benefiting from the collaboration with the ILO Office in Jordan and was in the process of enabling agricultural workers to engage in trade union activity, the Committee once again invites the Government to make use of this possibility to address the remaining and long-standing matters raised in this case.
17. 229. Finally, the Committee expresses the firm hope that the Government’s indication that it will keep the Committee informed of its intentions to accept a direct contacts mission in due course will allow such a mission to encourage progress in amending the legislation in line with the Committee’s recommendations.

The Committee’s recommendations

1. 230. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee once again urges the Government to amend section 98(e) of the Labour Code so as to remove the restriction placed on the organizing rights of migrant workers and to ensure that foreign workers may be elected to trade union office, at least after a reasonable period of residence.
   • (b) The Committee once again urges the Government to take without delay the necessary measures, in consultation with all social partners concerned, to amend section 98(f) of the Labour Code so as to ensure that minors who are working or in training from the age of 16 (the legal age for admission to employment), may become members of trade unions and are fully protected in the exercise of their freedom of association rights. It once again requests the Government to provide information on measures contemplated or adopted in this respect.
   • (c) The Committee once again urges 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, and to transmit a copy of any special law that enables public employees in a ministry, department, body or government institution to establish a union for the defence of their interests.
   • (d) The Committee once again urges the Government to amend without delay section 116 of the Labour Code in consultation with the social partners and to keep it informed of the measures taken in this regard.
   • (e) The Committee reiterates its long-standing request for measures 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, and to amend the Labour Code to ensure that workers in all sectors of the economy can exercise their right to organize and freely bargain collectively through the organization of their choosing. The Committee is also bound to reiterate its recommendation to ensure that the independent trade unions may be recognized without delay so that they may carry out their activities without interference.
   • (f) The Committee is bound to urge once again the Government to take swift measures to investigate the alleged acts of discrimination against trade unionists and to provide without delay information on their outcome, including on the status of the union leaders mentioned.
   • (g) The Committee once again expresses its firm expectation that the Government will take swift action in relation to all of the Committee’s previous recommendations that it is bound to repeat. The Committee firmly expects that the Government will report on meaningful progress, as this necessarily has an impact on industrial relations and on the exercise of freedom of association rights of all workers in the country.
   • (h) The Committee once again invites the Government to make use of the possibility of availing itself of the technical assistance of the Office to address the remaining and long-standing matters raised in this case.
   • (i) The Committee expresses the firm hope that the Government’s indication that it will keep the Committee informed of its intentions to accept a direct contacts mission in due course will allow such a mission to encourage progress in amending the legislation in line with the Committee’s recommendations.