Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Other comments on C111

Observation

Direct Request

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Article 1 of the Convention. Discrimination based on sex, race or colour. Migrant workers. In its previous comments, the Committee asked the Government to provide information on any steps taken or envisaged to address effectively the situation of dependency and vulnerability of migrant workers, including the revision of Regulation No. 90/2009 regarding domestic workers, cooks, gardeners and similar workers, as amended in 2011, as well as on the activities of the Non-Jordanian Domestic Worker Committee. It also asked the Government to provide information on any steps taken to address discrimination against migrant workers in terms and conditions of employment, in particular minimum wages. The Committee notes that in its report the Government does not provide information in reply to the points raised in its previous comments. The Committee notes the decision of the Council of Ministry of 8 February 2017 setting the minimum wage for Jordanian workers at 220 Jordanian Dinars (JOD). The Committee recalls that the minimum wage for migrant workers in non-garment sectors was set at JOD150 by a decision of 2012. The Committee wishes to highlight that equal remuneration for work of equal value should be a component of the national policy on equality of opportunity and treatment in employment and occupation to be adopted under the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 759). The Committee considers that lower minimum wage for migrant workers may discriminate against workers with respect to terms and conditions of employment on the basis of race or colour. In this context, the Committee welcomes the Collective Agreement for the period 2017–19 concluded between Jordan Garments, Accessories and Textile Exporters’ Association (JGATE) and the Association of Owners of Factories, Workshops and Garments (AOFWG); and the General Trade Union of Workers in Textile, Garment & Clothing Industries, which provides, as of 1 March 2018, for an equal minimum wage of JOD220 for both Jordanian workers and migrant workers, laying down that for migrant workers the minimum wage will comprise a cash component of JOD125 and an in-kind component valued at JOD95. The Committee notes that the value of the in-kind component has been established on the basis of a study conducted by an audit company which estimated the value of food and accommodation provided by the employer at, respectively, JOD39 and JOD56. On the other hand, the Committee notes from the report Migrant Domestic and Garment Workers in Jordan, published by the ILO in 2017, that migrant workers cannot enter the country without being sponsored by an employer and cannot change employment or leave the country without first obtaining explicit written permission from the employer (kafala or sponsorship system). The Committee wishes to draw the Government’s attention to the fact that where a system of employment of migrant workers places those workers in a particular vulnerable position and provides employers with the opportunity to exert disproportionate power over them, this could result in discrimination based on the grounds enumerated in the Convention, including race, colour, national extraction and sex (see General Survey, paragraph 779). In view of the above, the Committee again asks the Government to provide information on any steps taken or envisaged to address effectively the situation of dependency and vulnerability of migrant workers, including the revision of Regulation No. 90/2009, as amended, as well as on the activities of the Non-Jordanian Domestic Worker Committee. The Committee also asks the Government to indicate the measures taken to address discrimination against migrant workers in terms and conditions of employment, in particular minimum wages. The Government is further requested to provide information on the criteria used to determine the value of the in-kind component of the minimum wage paid to migrant workers under the Collective Agreement in the garment industry, and to supply a copy of the study conducted by the audit company in this respect.

Articles 2 and 3. Equality of opportunity and treatment of men and women. Workers with family responsibilities. In its previous comments, the Committee referred to sections 67 and 72 of the Labour Code – which provide, respectively, for unpaid leave for one year for women to raise their children, and childcare facilities for children under 4 years of age in enterprises with at least 20 women workers – and recalled that, while such provisions may be seen as corresponding to the needs of women who continue to bear an unequal burden of family responsibilities, they raise issues with respect to equality of opportunity and treatment, as they reinforce social attitudes that hinder the realization of gender equality. It is therefore important to move towards making arrangements and providing entitlements aimed at reconciling work and family responsibilities for both women and men on an equal footing. Noting also that the legal review conducted by the National Steering Committee for Pay Equity (NSCPE) proposed amendments to these provisions, the Committee asked the Government, in the context of the current Labour Law review process, to consider amending sections 67 and 72 of the Labour Code so as to guarantee equality of opportunity and treatment for men and women, and to provide information on the progress made in this regard. The Committee notes that the Government’s report does not provide information on this point. It however notes that, in its concluding observation, the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the insufficient measures to promote the concept of shared family responsibilities and to combat the difficulties that women face in combining work and family responsibilities (CEDAW/C/JOR/CO/6, 9 March 2017, paragraph 43(a)). The Committee reiterates its request that the Government consider amending sections 67 and 72 of the Labour Code so as to guarantee equality of opportunity and treatment for men and women, and to provide information on the progress made in this regard.

Access of women to employment. The Committee notes the Government’s indication that various measures have been adopted to promote the employment of women. It notes from the statistical information provided by the Government on the distribution of men and women by economic activity of 2015, that women were mainly employed in the textiles and education sectors. The Committee also notes from the report of 2017 on “Promoting youth employment and empowerment of young women in Jordan” by the International Fund for Agricultural Development (IFAD) and the ILO, that young women face high barriers to entering the labour market, as labour market related social norms limit their employment options to a small number of professions. The Committee asks the Government to continue to provide information on the measures adopted to promote women’s employment on an equal footing with men, including measures directed at promoting women’s access to a broader range of jobs. Please also continue to supply statistical information on the distribution of men and women by economic activity.

Access of women to the public service. In its previous comments, the Committee asked the Government to provide information on: (i) the implementation of Regulation No. 3/2013 on the selection of civil servants for higher level jobs, indicating the concrete steps taken to ensure that no stereotypical considerations are being given to women’s suitability for certain posts upon appointment, and the practical impact of such measures on women’s access to higher level positions in the public service; and (ii) the measures taken, in the context of the National Strategy for Jordanian Women, to address occupational gender segregation in the public service. The Committee notes the Government’s indication that the Civil Service Bureau periodically reviews its regulations and policies to ensure that there is no discrimination on any grounds, including on the ground of gender. The Government also underscores that the Civil Service Regulations (Act No. 82 of 2013, as amended) make no distinction between men and women employees and, pursuant to section 41 of the Regulations, all appointments are made on the basis of established criteria which include equality of opportunity, fairness and transparency. The Government also states that the reports of the bodies charged with the supervision of these regulations do not identify any violations of these provisions. The Committee further notes the Government’s indication that the nature of certain specialized positions, such as teaching or nursing, requires the appointment of a person of a particular sex. The Committee recalls that the absence of discriminatory provisions in legislation or the absence of complaints may not be an indicator of the absence of discrimination in practice, nor is it sufficient to fulfil the obligations under the Convention (see General Survey, paragraph 850). It also wishes to emphasizes that exclusions or preferences in respect of a particular job under Article 1(2) of the Convention must correspond in a concrete and objective way to the inherent requirements of that particular job and should be determined without reliance on stereotypes and negative prejudices about the roles of men and women (see General Survey, paragraphs 788 and 831). The Committee therefore asks the Government to provide information on the measures taken to ensure that no stereotypical considerations are being given to women’s suitability for certain posts upon appointment, and the practical impact of such measures on women’s access to higher level positions in the public service. Please also provide detailed information on measures taken, in the context of the National Strategy for Jordanian Women, to address occupational gender segregation in the public sector.

Vocational training. In its previous comments, the Committee asked the Government to continue to pursue its efforts to promote women’s access to training, including in remote areas, with a view to addressing occupational gender segregation and enabling them to effectively access a wider range of jobs, and to provide information on the results achieved through such measures, including statistical information, disaggregated by sex, on the participation of men and women in the different training programmes, and the number of men and women, respectively, who have secured employment after completing the training courses. The Committee notes the information provided by the Government on the strategic plan (2015–20) of the Vocational Training Corporation (VTC), which is the principal provider of vocational training in Jordan, and notes its indication that the VCT provides training services to all sectors of society without discrimination. It also notes the Government’s indication that the National Employment-Technical and Vocational Education and Training (E-TVET) Strategy 2014–2020 includes among its focus areas the promotion of the role of women. In this regard, the Committee notes the Government’s indication that the VCT has launched a special project to promote women’s participation in vocational training, providing for facilities and material support to increase women’s enrolment, and has also implemented activities targeting inhabitants of peripheral and remote areas, including training schemes for women in the Husseiniya district of Maan governorate and the Dalil district of Zarqa governorate. The Committee asks the Government to continue to provide information on the measures taken to promote women’s participation in vocational training, including in remote areas, with a view to addressing occupational gender segregation and enabling women to effectively access a wider range of jobs, especially those jobs with opportunities for advancement and promotion traditionally held predominantly by men, and on their results. In this regard, the Committee also asks the Government to supply statistical information on the participation of men and women in the different training programmes, and on the number of men and women, respectively, who have secured employment after completing the training courses.

Cooperation with workers’ and employers’ organizations. In its previous comments, the Committee asked the Government to provide information on the application in practice of the Collective Agreement concluded between the JGATE and the AOFWG; and the General Trade Union of Workers in Textile, Garment & Clothing Industries, with regard to the promotion of equality and elimination of discrimination, as well as on any other collective agreements addressing discrimination. In the absence of information from the Government, and noting the conclusion, in 2017, of a new Collective Agreement for the garment industry, the Committee asks the Government to provide information on the application in practice of this Collective Agreement with regard to the promotion of equality and elimination of discrimination, and also reiterates its request for information on any other collective agreements addressing discrimination.

Monitoring and enforcement. The Committee again asks the Government to provide information on: (i) the measures taken to build the capacity of those involved in monitoring and enforcement, including judges, labour inspectors and other officials, to better identify and address issues related to discrimination in employment and occupation; and (ii) the enforcement of Regulation No. 90/2009 regarding domestic workers, cooks, gardeners and similar workers, including on any activities carried out to inspect households and recruitment agencies, as well as statistical information on the number and nature of complaints for discrimination addressed by the Directorate for Domestic Workers or other bodies and their outcome.

Statistics. Recalling the importance of statistical information for an effective evaluation of the progress made in applying the Convention, the Committee again requests the Government to provide up-to-date data, disaggregated by sex, on the distribution of men and women at all levels of the public and private sector.