Informe provisional - Informe núm. 411, Junio 2025

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. 407. The Committee last examined this case (submitted in 2018) at its June 2023 meeting and on that occasion presented an interim report to the Governing Body [see 403rd Report, approved by the Governing Body at its 348th Session (June 2023), paras 305–345]. 
2. 408. The Government provided its observations in communications dated 29 August 2023 and 15 April 2025.
3. 409. 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. 410. At its June 2023 meeting, the Committee made the following recommendations [see 403rd Report, para. 345]:
   • (a) The Committee reiterates its request to 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 residence period. It requests the Government to keep it informed of all measures taken in this respect.
   • (b) The Committee requests once again 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 have reached the legal age for employment, whether as workers or trainees, are fully protected in their exercise of the freedom of association rights. It requests the Government to provide information on measures contemplated or adopted in this respect.
   • (c) The Committee 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. In the meantime, the Committee requests the Government to provide a copy of any special law enabling 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 (conferring to the Ministry of Labour the power to dissolve and replace the administrative body of a representative organization) in consultation with the social partners and to keep it informed of the measures taken in this regard.
   • (e) 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.
   • (f) The Committee must reiterate 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. Similarly, the Committee further requests for measures 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. It urges once again the Government to take the necessary steps to ensure that the independent trade unions may be recognized without delay so that they may carry out their activities without interference.
   • (g) The Committee requests the Government to indicate whether the determination of the new fines imposed on employers in case of breach of labour law included in the bill amending the Labour Code was made in consultation with the social partners.
   • (h) The Committee must express its firm expectation that the Government will take swift action in relation to the recommendations it is bound to repeat. The Committee expects the Government to 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.
   • (i) The Committee invites the Government to continue to avail itself of the technical assistance of the Office in respect of the remaining matters raised in this case.

B. The Government’s reply

1. 411. In its communications dated 29 August 2023 and 15 April 2025, the Government provides the following information in reply to certain recommendations of the Committee.
2. 412. 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, 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 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, and that eligibility to trade unions’ administrative bodies or other committees are regulated in the union’s by-laws. It adds that the Ministry of Labour only assumes a regulatory and supervisory role.
3. 413. 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 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, 18 years of age, in order to exercise his or her civil rights and perform acts with legal effect, such as the establishment and membership of trade unions, conducting negotiations, concluding collective agreements, participating in elections or decisions of the administrative bodies, and approving the union’s budget. The Government reiterates that accordingly, the requirement in section 98 of the Labour Code for the founder or the member of a union to have reached the age of 18 years, is a protection of the will of the worker restricted to the age of majority to ensure the lawfulness of all acts related to his or her right to organize trade unions and collective bargaining. The Government also reiterates that this is in line with the position of the Jordan Chamber of Commerce which was consulted on the possibility of juveniles to establish and join trade unions. It adds that amending section 98(f) of the Labour Code would therefore violate the relevant provisions in the Civil Code.
4. 414. 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(2) and 23(f) of the Constitution of Jordan guarantee the right to organize legal associations to Jordanian workers in both the public and the private sectors, within the limits of the law. The Government also reiterates that consequently, the Jordanian Civil Service Law (No. 9 of 2020) governing workers in the public sector does not prohibit any public sector worker in certain professions 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, and that each professional association is formed and functions according to its own by-law. The Government further reiterates that, according to the Interpretative Decision (No. 6 of 2013) of the High Council for the Interpretation of the Constitution, public employees in any ministry, department, body or government institution may establish a union for the defence of their interests, provided that these professional unions are established pursuant to the provisions of special laws, as in the case of the Jordanian Teachers’ Association, established under the Jordanian Teachers’ Association Act.
5. 415. Regarding the Committee’s call 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 occur within trade unions, a number of which have led to damage to the public interest and the interests of their members. The Government also reiterates that section 116 of the Labour Code, as amended, confers the power to the Minister to dissolve an administrative body of a trade union, or an employer’s organization (and not the union itself), if it violates provisions of the Code, regulations issued pursuant to it, or if the by-laws of the organization are in violation of the legislation in force. It further reiterates that the Minister’s decision is subject to appeal before court. It adds, as it has done in its previous observations, that pursuant to the same provision, in consultation with the General Federation of Jordanian Trade Unions (GFJTU), the Minister appoints an interim administrative body from the General Assembly to administer the union and to hold elections for a new administrative body within a maximum period of six months after the dissolution.
6. 416. As regards recommendation (e) 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.
7. 417. 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 (f)), 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 the establishment, registration, functioning and dissolution of trade unions and employers’ organizations are regulated by the Labour Code and that independent unions and the Jordanian Federation of the Independent Trade Unions (JFITU) have not complied with the procedures therein. It reiterates therefore, that their legal existence cannot be recognized, and they do not represent workers and cannot defend their interests. The Government also reiterates that this situation prompted the Ministry of Labour, in order to protect the rights of workers joining these independent unions, to send an official note to all ministries and state-owned companies informing them that the entity known as the JFITU is not a recognized union, with a view to strengthening the rule of law, identifying the authorities with which they can deal officially and enabling them to distinguish in their dealings with unions between those that are legally registered and those that are not.
8. 418. In relation to recommendation (g) concerning the consultation of the social partners as regards the determination of new fines in the amended Labour Code imposed on employers in case of breach of labour law (including acts of interference), the Government indicates that, in compliance with the Code of Practice for Policy Governance and Legislative Instruments issued by the Council of Ministers in its Decision No. 7111 of 8 April 2018, when any legislation is introduced or amended, a list of consultations is drawn up, including employers’ representatives, such as the Jordan Chamber of Commerce and the Jordan Chamber of Industry and workers’ representatives, such as the GFJTU. Consultations are also held with civil society organizations.
9. 419. Finally, the Government reiterates that it is not reluctant to availing itself of technical assistance of the Office in any of the areas as to be agreed with the Ministry of Labour.

C. The Committee’s conclusions

1. 420. The Committee recalls that in this case, the Jordanian Federation of Independent Trade Unions (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. 421. The Committee notes that the Government reiterates its previous observations in relation to the Committee’s recommendation regarding the restriction placed on the rights of migrant workers to form a union, namely that the restrictions are limited to establishing trade unions, and that amending section 98(e) would lead to a violation of the Constitution. The Committee also 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 regulating the eligibility of members to trade unions’ administrative bodies or other committees in their by-laws.
3. 422. It therefore 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.
4. 423. 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 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) that requires workers to be at least 18 years old in order to simply become a member of a union while they may legally perform work as from 16.
5. 424. The Committee therefore 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 requests the Government to provide information on measures contemplated or adopted in this respect.
6. 425. 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(2) and 23(f) of the Constitution of Jordan guarantee the right to organize legal associations to Jordanian workers in both the public and the private sectors, within the limits of the law.
7. 426. The Committee further notes the Government’s reiteration that public employees in any ministry, department, body or government institution may establish a union for the defence of their interests, provided that these professional unions are established pursuant to the provisions of special laws. It notes with regret however, that the Government has not provided a copy of any special law ensuring the freedom of association rights of these workers, as requested.
8. 427. Concerning the right to join trade unions, the Committee also notes the reiterated observations of the Government that the Jordanian Civil Service Law (No. 9 of 2020) governing workers in the public sector does not prohibit any public sector worker from joining professional unions, such as the Medical Association, the Engineers’ Association, the Teachers’ Union, the Dental Association, the Pharmacists’ Association and the Agricultural Engineers’ Association, which are formed and function according to their respective statutes.
9. 428. The Committee is, however, 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 of decisions of the Committee on Freedom of Association, sixth edition, 2018, 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.
10. 429. Concerning the Committee’s recommendation to amend section 116 of the Labour Code conferring to 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 occur within trade unions, a number of which have led to damage to the public interest and the interests of their members. While the Government further emphasizes that the Minister’s decision is subject to appeal before court and that, pursuant to the same provision, in consultation with the General Federation of Jordanian Trade Unions (GFJTU), the Minister appoints an interim administrative body from the General Assembly to administer the union and to hold elections of a new administrative body within a defined period of time, the Committee observes that this process would appear to confirm the interference in a trade union’s administration, including by a monopoly structure, even prior to any final decision by a court of law and in line with freedom of association.
11. 430. 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.
12. 431. 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.
13. 432. The Committee recalls that section 98(d) of the Labour Code continues to provide for restrictions on the number of recognized sectoral trade unions and the permission of only one union per sector. It also recalls that workers are therefore 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.
14. 433. In relation to the recognition of the independent trade unions so that they may carry out their activities without interference, the Committee notes with concern, that the Government has not provided the requested information on any measures taken in practice for their recognition (such as instructions given to the competent authorities as regards the right of independent trade unions to freedom of assembly in the context of previous allegations concerning the cancellation of public meetings), but on the contrary reiterates its previous statements that independent unions or the JFITU are entities that have not complied with the procedures set out in the Labour Code for their establishment and operation, and that therefore, their legal existence cannot be recognized, and they do not represent workers and cannot defend their interests. It notes that the Government reiterates that the Ministry of Labour sent an official note to all ministries and state-owned companies informing them that the entity known as the JFITU is not a recognized union in order to protect the rights of workers joining these independent unions.
15. 434. 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.
16. 435. The Committee recalls its previous call for investigation 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 water company); (ii) suspension (Mr Tayel Al Khamayseh, ex-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 Jordan Water Company Miyahuna); 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 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.
17. 436. Concerning the consultation of the social partners as regards the determination of new fines imposed on employers in case of breach of labour law, included in the bill amending the Labour Code, the Committee notes that the Government only provides information about the consultation process in relation to legislation in general. It notes that the Government does not provide any specific information in relation to the consultation of the social partners as regards the increased fines in section 139 of the Labour Code, as amended in 2023 (increase of the highest fines from 100 Jordanian dinars (about US$140) to 1,000 Jordanian dinars (about US$1,400)), and the consultation in relation to the question of whether the new fines would represent a sufficiently dissuasive sanction against acts of interference. Noting that this matter is being addressed by the Committee of Experts on the Application of Conventions and Recommendations (CEACR) within the framework of the application of Convention No. 98, the Committee transmits this aspect of the case to the CEACR.
18. 437. In conclusion, the Committee notes that the Government has 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 the industrial relations and on the exercise of freedom of association rights of all workers in the country.
19. 438. Taking note of the Government’s statement that it is not reluctant to availing itself of the technical assistance of the Office in areas as 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. 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.

The Committee’s recommendations

1. 439. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (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.