Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report in reply to its previous comments, and the attached documentation.

1. The Committee refers to its previous comments on section 2 of the Labour Code of 1996 concerning the exclusion of "overtime wage" from the definition of remuneration. In its report, the Government indicates that the definition of remuneration is used to calculate work-related entitlements (such as the end-of-service allowance or the indemnity for annual leave not taken by the worker). While the Committee notes this explanation, its concern lies in the manner in which the Government ensures that men and women are paid an equal "overtime wage". The Committee must therefore repeat its previous request to provide more detailed information in this regard, for example, by providing illustrations of the pay slips for overtime hours of establishments employing male and female workers in work of equal value. With regard to other bonuses and allowances paid to workers as a supplement to their wages, the Government points out that the principle of the Convention is effectively applied through periodical labour inspection visits. The Committee refers to its point 3 on labour inspection.

2. With respect to allowances paid in the civil service under the Standards Allowance Scheme, the Committee notes that section 11 of the Scheme provides a family allowance for the "wife and the children" of the worker. Noting also the Government's statement in its previous report that some of the civil service laws and regulations concerning equality are under review, the Committee hopes that the Government will consider amendment of section 11 so as to ensure payment of family allowances to both men and women workers in conformity with the Convention. Please also provide information on the results of the civil service reform which have an impact on the application of the Convention.

3. In reply to the previous direct request concerning the status of the Jordanian National Charter, the Committee notes that the Charter follows the Jordanian Constitution in status and is higher in status than the other laws. The Committee recalls that it had pointed out that the equality provision in the Charter, read in conjunction with section 2 of the 1996 Labour Code, could constitute a basis for appropriate legislation granting the labour inspectorate the authority to conduct enforcement activities to ensure the application in practice of equal remuneration between men and women for work of equal value. In this connection, the Committee refers to its previous comments under Convention No. 111 and notes that the Government has already taken steps in this direction. Notably, the Ministry of Labour has established a new department responsible for women working in the Ministry. It appointed nine female labour inspectors to enforce the implementation of the provisions of the Labour Code relevant to women workers and to provide women with consultative services. The Committee would be grateful if the Government would provide information on any activities undertaken by the new department and by the labour inspectors concerning the application of the Convention, including information on the incidence of wage discrimination detected and the action taken to redress any such occurrence.

4. With regard to sections 4 and 5 of the Public Service Regulations (No. 1 of 1988), the Committee has, for many years, requested the Government to indicate the methods and criteria used by the Council of Ministers in establishing job classification plans, and by the separate departments in conducting an objective appraisal of posts. In its previous direct request, the Committee had noted a wage gap of around 25 per cent in the public sector between the wage rates for men and women. The Committee notes that the Government's report again gives no information on the practical application of sections 4 and 5 of the Civil Service Regulations; nor does it provide any further details on the Government's efforts to reduce the wage gap between men and women in the public sector. The Committee must therefore repeat its previous request to the Government to indicate the methods and criteria used by the Council of Ministers and the separate departments in establishing job classification plans and conducting an objective appraisal of posts, respectively. Please also supply information on the measures taken or contemplated to reduce the wage gap between men and women in the public sector.

5. The Committee notes that the amendment to the Social Security Act No. 30, proposed by the Legal Committee of the National Commission of Women, has not yet been adopted. The Committee hopes that progress will soon be made in this regard and requests the Government to supply a copy of the amended legislation, once adopted.