Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Jordanie (Ratification: 1966)

Article 1 of the Convention. Scope of application. Concerning the manner in which the principle of equal remuneration for work of equal “value” is applied to groups of workers excluded from the scope of the Labour Code, and particularly domestic workers and agricultural workers, the Committee notes the Government’s reference in its report to section 8 of the Agricultural Workers Regulation No. 19 of 2021. It notes with interest that section 8 stipulates that the agricultural employer shall ensure “equal remuneration among agricultural workers for each task of equal ’value’ without any discrimination based on sex”. It also notes the Government’s indication that Regulation No. 90/2009 concerning Domestic Workers, Cooks, Gardeners and Similar Categories was amended by Regulation No. 64 of 2020. While including measures to protect wage payment, the Committee notes that the regulation does not address equal remuneration for work of equal “value”. In this regard, the Committee wishes to recall that the principle of the Convention shall apply not only within but also across sectors and thus special attention is needed when determining the value of jobs in sectors which may be traditionally undervalued to ensure that criteria used for the value determination are free from gender bias and that certain skills considered to be “female” are not undervalued. The Committee asks the Government: (i) to indicate how the application of the principle of the Convention is ensured in practice in relation to section 8 of the Agricultural Workers Regulation No. 19 of 2021 and to provide information on any violations brought to the attention of the competent bodies and detected by or reported to the labour inspectors; and (ii) to specify how the principle of equal remuneration for work of equal value is applied to domestic workers and how in practice it is ensure that domestic work is not undervalued due to gender stereotypes relating to the tasks performed.

Article 1(b). Equal remuneration for work of equal value. Legislation. The Committee notes the data provided by the Government concerning complaints submitted to the Authority of Wages, including 384 complaints in 2023, although it is unclear whether all these complaints relate to the application of the new section 2 of the Labour Law (Amendments) Act No. 14, 2019 which defines non-discrimination in relation to wages as the principle of equal remuneration for work of equal value regardless of gender. The Government also informs about the existence of a platform called “Hemaya” through which complaints can be filed, including on discrimination in wages. To date, no complaints have however been received through this platform. The Committee asks the Government: (i) to provide information on application in practice of section 2 of the Labour Law, including the number and nature of violations detected by or reported to the labour inspectorate, or addressed by the courts; (ii) to raise awareness about section 2 of the Labour Law among government officials, employers and workers and their organizations; and (iii) to enhance the capacity of enforcement authorities, including labour inspectors, tribunals and other competent bodies, as well as workers’ and employers’ organizations, and other relevant actors to identify and address cases of wage discrimination contrary to law, and to provide information on the steps taken in this regard. Finally, the Committee reiterates its request for clarifications on how it is ensured that section 2 of the Labour Law permits a broad comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal ”value”.

Articles 1 and 2. Gender pay gap in the private sector (education sector). The Committee notes that the Government informs about legal awareness workshops for female teachers and the signing of a new collective employment contract for workers in private education institutions, which resulted in a standard employment contract for all workers in private schools and kindergartens to be applied starting from the academic year 2024–25. In addition, the Committee notes from the statistics provided by the Government on the distribution of employed persons aged 15 years and above, disaggregated by sex and current main economic activity, that in 2022 the vast majority of Jordanian women (40.7 per cent) worked in education, followed by public administration, defence, and mandatory social insurance (12.8 per cent), whereas, when taking into account also non-Jordanian women, education (30.6 per cent) and household activities (17.9 per cent) were the main activities that women performed. The Committee also notes from the statistics on average wages of the compulsorily insured by sex, nationality and economic activity that, on average, in 2022 women gained 92 per cent of men’s wage. The Committee however notes that in the education sector, where women are largely concentrated, the gap was significantly higher, with women’s average wage amounting to 59 per cent of men’s. The Committee asks the Government: (i) to assess, in cooperation with the social partners, the impact of the application of the standard employment contract for all workers in private schools and kindergartens on the reduction of the gender pay gap in the education sector and to provide information in this regard as well as on the manner in which the principle of the Convention is applied in this standard contract; (ii) to step up its efforts to reduce the gender gap, including beyond the education sector, and to provide precise information on the measures taken to this end, including all measures adopted to tackle the underlying causes of the gender pay gap (such as occupational gender segregation and lower pay in sectors where women predominate as well as ant stereotypes regarding women’s preferences or suitability for certain jobs), and the impacts achieved; and (iii) to continue to provide updated statistical information on the distribution of men and women in the various industries and occupations in the private and public sectors, with their corresponding wage levels.

Application of the principle in the public service. The Committee notes from the statistics provided by the Government that, in 2023, women held 20 per cent of the General Secretary/General Director positions and 33 per cent of Head /unit, Director/office, Head of section positions in the public service. Moreover, the Government indicates that women represent 50 per cent of the employees. While welcoming these statistics, the Committee notes the absence of information on the measures taken to address the occupational gender segregation in the public service. It also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee therefore asks the Government to provide: (i) specific information on the measures taken to address the persistent occupational gender segregation in the public service as a means of promoting equal remuneration for men and women for work of equal value, and the progress made; and also (ii) statistics on the representation of women in high-level jobs in the public service to help the Committee assess progress over time.

Article 2. Minimum wages. The Committee again asks the Government to provide a copy of: (i) the collective employment contract concluded in the garment industry; and (ii) a list of the salary rates agreed upon with the countries of origin of domestic workers. Recalling that it remains unclear whether domestic workers are covered by the national minimum wage, the Committee also reiterates its request for information on how it is ensured that the elements of payments in kind (such as allowances for accommodation, food, transport, etc.) are fairly and objectively valued.

Article 3. Job evaluation methods. The Committee notes the Government’s indication that the decision was made to have the Pay Equity Committee pilot the Gender Pay Gap Measurement Tool (LOGIB). The Committee asks the Government to provide information on the results of the gender pay gap measurement by companies any follow-up actions taken to promote objective job evaluation methods. It also again asks the Government to provide information on: (i) the methods used in determining the job classification and corresponding salary scales in the civil service; and (ii) the measures taken to promote the use of objective job evaluation in the private sector.