Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Jordan (Ratification: 1963)

Other comments on C111

Observation

Direct Request

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Protection of migrant workers against discrimination based on sex, race, colour and national extraction. The Committee recalls its previous comments in which it noted that Regulation No. 90/2009 of 1 October 2009 covering domestic workers, cooks, gardeners and similar categories, sets out in section 5(a)(5) an obligation for the worker to refrain from leaving the house without permission of the householder, and states in section 5(c) that if the worker “runs away without good cause attributable to the householder”, the worker shall cover all financial obligations set forth under the signed contract of employment, in addition to the repatriation costs. The Committee considered that these provisions might increase domestic workers’ vulnerability to discrimination and abuse, as a result of the disproportionate power exercised by the employer over the worker. The Committee notes the Government’s indication that there have been 1,882 complaints submitted to the Department on Domestic Workers, most of which are related to financial claims against the employers, wage arrears, and the transfer of female domestic workers from one household to another without completing the necessary procedures. The Government also indicates that the Non-Jordanian Domestic Worker Committee, comprised of representatives of the Ministry of Labour, the Ministry of Interior, the Residence and Borders Administration, representatives of the Union of Employment Agencies of Domestic workers from abroad, and a representative on behalf of the embassies of the labour exporting countries, is mandated to examine and find solutions to problems faced by domestic workers. The Committee asks the Government to indicate whether any steps have been taken or are envisaged, including by the Non-Jordanian Domestic Worker Committee, to address effectively the situation of dependency and vulnerability of migrant workers, including due to sections 5(a)(5) and 5(c) of the Regulation No. 90/2009. The Committee asks the Government to provide additional information the practical application of Regulation No. 90/2009, including statistics disaggregated by sex and origin, on the number and nature of complaints by workers addressed to the Department of Domestic Workers, the courts or other bodies, any labour inspections carried out, sanctions imposed and remedies provided. Please also provide information on the measures taken by the Non-Jordanian Domestic Worker Committee to address discrimination against domestic workers on the grounds set out in the Convention, including through awareness-raising activities targeting employers, employment agencies, and domestic workers, on issues faced by domestic workers in the context of their employment. The Committee also asks the Government to indicate any other steps taken or envisaged to protect domestic workers against discrimination based on all the grounds of the Convention, and more particularly based on sex, race, colour and national extraction.

Sexual harassment. The Committee previously noted the provisions of the Labour Code of 2008 and the Civil Service Statute No. 30/2007 which, according to the Government, adequately protect workers against sexual harassment in employment and occupation. The Committee had noted that, while the provisions seem to allow a sexually harassed worker to file a grievance with the administration, they do not provide a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment. The Committee notes the Government indication that, despite the absence of a clear reference made to sexual harassment in the Civil Service Statute No. 30/2007, the prohibition is included in section 68(e) which refers to acts violating the ethics of public office or breaching the principles of justice and fairness. The Government also indicates that sexual harassment is covered under the prohibition of acts constituting an offence against honour, or contrary to public morals, laid out in the Civil Service Statute, the Penal Code and the Code of Practice on Jobs. While noting these provisions, the Committee must stress that addressing sexual harassment primarily through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses, which is often the case, and the fact that criminal law generally focuses on sexual assault and not the full range of behaviour that constitutes sexual harassment in employment and occupation. The Committee asks the Government to provide information on the steps taken or envisaged to adopt provisions clearly defining and prohibiting both quid pro quo and hostile environment sexual harassment in employment and occupation. The Committee once again asks the Government to take appropriate measures to raise awareness of and prevent and protect against sexual harassment in the workplace and to provide information on the number and nature of complaints concerning sexual harassment dealt with by the Department of Family Protection as well as any court cases relating to sexual harassment based on the provisions of the Labour Code, the Civil Service Statute and the Penal Code.

Restrictions on the employment of women. The Committee notes the Government’s indication that the Ordinance of 1997 issued under section 69 of the Labour Code concerning women’s employment has been amended and promulgated in the Official Gazette No. 5068 on 1 December 2010. The Government further indicates that the amendments take into account the need to increase employment opportunities for women and to limit their restrictions on employment. Noting that the amended Ordinance was not attached to the Government’s report, the Committee asks the Government to provide a copy of the Ordinance of 1 December 2010 concerning restrictions on women’s employment.

Equal access of men and women to vocational training. The Committee recalls its previous comments regarding the need for continued measures to ensure that the type of training available for women enabled them to access and compete on an equal footing with men for a wider range of jobs. The Committee notes the statistics provided by the Government on the enrolment of men and women in training programmes between 2007 and 2010 showing an increase of 5 per cent in female students and a decrease of 5 per cent for male students. The Committee welcomes the study conducted by the Vocational Training Agency in October 2010, to follow-up on graduates completing the courses offered. However, it notes from the study that 46 per cent of male students and only 19.3 per cent of female students found employment following the training courses, and 58.3 per cent of female graduates were unemployed whereas only 13.6 per cent of male graduates were not able to secure employment. The Committee notes that 12 administrative, behavioural and technical training courses have been developed in order to increase women’s participation in management and leadership positions, and that 15 “women specific” training programmes were set up under the National Project on the Employment of Women. Noting that the low percentage of female graduates that have secured employment, and given that no information was provided on the types of jobs secured, the Committee asks the Government to step up its efforts to ensure that the training available to women is enabling them, in fact, to access a wider range of jobs, and to provide information in this regard. The Committee also asks the Government to provide detailed statistical data, disaggregated by sex, on the participation of men and women in the different types of training courses offered and to provide information on the number of men and women that have found employment as a result of this training, and the types of employment they have secured. Please provide additional information on the 15 “women specific” training programmes, including on their content and enrolment rate.

Practical measures to promote equality of opportunity and treatment between men and women. The Committee welcomes the information provided by the Government on the implementation of the National Project on the Employment of Women which aims, inter alia, to increase women’s enrolment rate in training courses, increase their access to management positions and diversify training programmes in order to foster their access to non traditional training programmes. The Committee notes that a number of projects targeting women in remote areas were developed by the Government, some of which are still pending approval, and are aimed at reducing enrolment fees for training programmes, improving women’s employment in non-traditional sectors and increasing access to education and vocational training for girls in remote areas. The Committee also notes that steps have been taken to encourage women from remote areas to participate in training courses, through awareness-raising activities on women’s rights in the Labour Code and the importance of their participation in the economy. The Committee hopes that the projects targeting access to vocational training and employment for women in remote areas which are still pending approval will soon be operational and asks the Government to keep it informed on any developments in this regard. The Committee also asks the Government to provide information on any developments and results achieved through the various measures taken to improve the employment rate of women from remote areas, including the project on girls’ employment in rural areas and the training courses specifically aimed at girls and women from rural areas. Please also indicate whether and how social partners have collaborated in this process.