Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Equal Remuneration Convention, 1951 (No. 100) - Jordan (Ratification: 1966)

Other comments on C100

Observation

Direct Request

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Gender pay gap in the private sector. The Committee recalls the persistent pay gap between men and women, particularly in the private education sector, where the gender pay gap stood at 41.6 per cent in 2013 in private schools and at 23.1 per cent in private universities. The Committee also noted the underlying causes of pay inequality between men and women identified by the study conducted by the National Steering Committee on Pay Equity (NSCPE) and the recommendations emanating from the study, including the need to develop and implement gender-neutral job evaluation methods. The Committee notes the information provided by the Government on the media campaign on teachers’ rights, including equal pay, and inspection campaigns in private schools on the implementation of the standard contract and the minimum wage. The Committee recalls that minimum wages can be an important means of achieving the objective of the Convention. The Committee notes with interest that a collective agreement for the private education sector was signed in February 2017 by the General Federation of Jordanian Trade Unions (GFJTU) and the Association of Private School Owners under the supervision of the Ministry of Labour, which mandates a Unified Contract for all private school teachers, providing 37,000 teachers with basic rights in terms of the minimum wage and social security coverage. The Committee encourages the Government to continue taking steps to address the gender pay gap and its underlying causes, in cooperation with the social partners, and asks the Government to provide information in this regard. The Committee also reiterates its request to the Government 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.

Scope of application. The Committee recalls its previous comments noting that no regulations had been adopted pursuant to section 3(b) of the Labour Code for agricultural workers, and that Regulation No. 90/2009 governs the situation of domestic workers, cooks, gardeners and similar workers. Noting that no further information has been provided on this point, the Committee once again recalls that where specific groups or sectors are governed by special laws or regulations, they should have the same level of rights and protections as other workers. The Committee urges the Government to provide detailed information on 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.

Application of the principle in the public service. Recalling its previous comments concerning persistent gender segregation in the public service and the gender pay gap, the Committee notes the Government’s indication that Civil Service Regulation No. 82 of 2013 applies the principle of equal pay for work of equal value and that the findings of a comparative study on civil service salaries found there was no gender pay gap in the civil service. The Government adds that section 41(a) of the Regulation reaffirms that appointment to civil service posts shall take place in accordance with the requirements of the classification system in a manner that ensures the recruitment of the best qualified candidates on the basis of merit, eligibility, transparency, justice and equality of opportunity, without discrimination and irrespective of gender. Recalling that pay inequalities may arise due to occupational segregation of women into certain lower paid occupations and sectors of the public service, the Committee once again asks the Government to provide information on the measures taken, and the results achieved, to address persistent occupational gender segregation in the public service as a means of promoting equal remuneration for men and women for work of equal value. Noting that no information has been provided on the practical application of Regulation No. 3 of 2013 on the selection of civil servants for higher level jobs, previously mentioned by the Government, the Committee asks the Government for this information, and particularly on its impact in improving women’s representation in higher level jobs in the public service.

Job evaluation methods. The Government indicates that the Strategic Plan 2017–19 includes a project to study pay for specific functional posts in the civil service in comparison with the private sector. The aim of the study is to develop critical indicators on wage harmonization in the public and private sectors in order to retain essential skills, and will include a comparison of the wages between men and women in the private and public sectors. While noting the Government’s explanations that the job description and instructions are designed to clarify functional goals and tasks, conditions of appointment and the knowledge, skills and capacities required for the job, without discrimination based on sex, the Committee also notes that it refers to an individual performance evaluation process, which is aimed at evaluating the performance of individual workers. The Committee recalls that objective job evaluation aims to measure the relative value of jobs with varying content on the basis of the work performed. Objective job evaluation is concerned with evaluating the job and not the worker (see General Survey of 2012 on the fundamental Conventions, paragraph 696). The Committee draws the Government’s attention to paragraphs 700–703 of the 2012 General Survey and recalls that the NSCPE legal review refers to the importance of using objective job evaluation methods free from gender bias. The Committee asks the Government to ensure that any study on pay in the civil service gives attention to the use of objective job evaluation to determine whether jobs performed by men and women are of equal value, and to provide information on the outcome of the study. It is also requested to indicate any other measures taken to use objective job evaluation methods in determining the job classification and corresponding salary scales in the public service. The Committee asks the Government to indicate the measures taken to promote the use of objective job evaluation in the private sector, as recommended also by the NSCPE legal review in 2013.

Minimum wages. The Committee recalls the recommendation in the NSCPE legal review to add to section 52 of the Labour Law a new subsection providing that “In fulfilling its mandate, the Tripartite Committee shall seek to promote equality between men and women, and to ensure equal remuneration for men and women for work of equal value” (Towards Pay Equity: A legal review of Jordanian national legislation, pages 2 and 7). It also recalls the recommendation of the Minimum Wage Committee that the general minimum wage be raised from 150 Jordanian dinars (JOD) to JOD180–JOD200, based on the examination of cost of living and economic performance indicators. The Committee notes that the minimum wage for Jordanian workers has been raised to JOD220. The Committee recalls that the Government had previously indicated that women migrant domestic workers were entitled to a monthly minimum wage of JOD110. Noting that the Government’s report does not contain information with regard to garment workers in the Qualifying Industrial Zone (QIZ) and domestic workers, the Committee once again requests the Government to indicate how in practice it is ensured that the principle of the Convention applies to QIZ workers and domestic workers. It is also requested to clarify whether domestic workers are covered by the national minimum wage and whether any differences exist between Jordanian and foreign domestic workers and, if so, the reasons for this difference The Committee also asks the Government to indicate how in practice it is ensured, in the context of a minimum wage setting process, that domestic work is not undervalued due to gender stereotypes relating to the tasks performed.

Enforcement. The Committee welcomes the information provided by the Government on the continued efforts to raise awareness among the general public, employers and their organizations, as well as government officials, of pay equity issues. Noting the very positive results of the campaign on equal pay targeting the education sector, the Committee encourages the Government to continue taking steps to raise awareness among workers, employers and their organizations, as well as labour inspectors and other public officials, of the principle of equal remuneration for men and women for work of equal value, and to provide information in this respect. It is also requested to provide information on any action taken to remedy violations detected by or brought to the attention of labour inspectors regarding unequal remuneration.