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Articles 1(1) and 2(1) of the Convention. Vulnerable situation of domestic workers. The Committee notes the adoption of Regulation No. 90/2009 on domestic workers, cooks, gardeners and similar categories. It notes that, under the above Regulation, a contract of employment between a householder and a domestic worker should be concluded in writing (section 3); the householder must treat the worker with respect, secure any and all decent work requirements, provide medical care and supply all the necessities such as clothing, food, beverages, accommodation, etc. (section 4). Section 6 of the Regulation provides for hours of work and rest periods, as well as annual paid leave. Section 11 deals with complaints regarding the violation of workers’ rights, providing for the obligation of the householder to correct violations, for the inspection of the accommodation of the worker by labour inspectors, as well as for the possibility to apply sanctions against the householder in the form of fines and/or other measures set forth under the Labour Code.
The Committee also notes that, under section 5 of the above Regulation, the worker must refrain from leaving the house without the permission of the householder. The Committee observes in this connection that any restriction of the workers’ freedom of movement may increase the workers vulnerability, which may lead to the imposition of forced labour and to violation of workers’ rights, including the right to file a complaint against the employer. The Committee therefore requests the Government to provide clarification as regards the above provision, as well as information on any measures taken or envisaged in order to strengthen the protection of domestic workers, and particularly migrant domestic workers, from the possible abuses of their rights. Please supply information on any complaints filed to the Ministry of Labour under section 11 of the Regulation referred to above and on the outcomes of such complaints, indicating the cases of the application of fines and other measures taken under the Labour Code. Please also communicate a copy of the instructions to be issued by the Minister of Labour to enforce the provisions, to which reference is made in section 12 of the Regulation.
Article 2(2)(c). Prison labour. In its earlier comments made under the present Convention and Convention No. 105, likewise ratified by Jordan, the Committee noted that, pursuant to sections 8(c), 21(a) and 32(c) of Act No. 9 (2004) on reformatory and rehabilitation centres, prisoners have no obligation to work, if they are not sentenced to hard labour and if the work is not carried out for rehabilitation purposes in accordance with the programmes adopted by the High Rehabilitation Committee. In the latter case, prisoners in reformatory and rehabilitation centres perform work of their choice upon request submitted to the authorities and shall enjoy conditions of work similar to those of free workers (section 11(i) of the Instructions concerning the administration of the reformatory and rehabilitation centres, the guarding of inmates and the protection of their rights, 2001).
The Committee noted that, under section 21(a) of Act No. 9 referred to above, a person sentenced to hard labour may work either inside or outside the centre and may be assigned any task decided upon by the director. It requested the Government to provide information about the organization of such work, both inside and outside the centre.
The Government indicates in its latest report that the penalty of hard labour has not been applied in practice and that a sentence of hard labour is served as a sentence of imprisonment. While having duly noted these indications, as well as the Government’s earlier indication that there is no link between private individuals, companies or associations and the work of prisoners in the rehabilitation centres, the Committee hopes that the Government will provide information about the application in practice of section 21(a) of Act No. 9 (2004), regarding the work of prisoners sentenced to hard labour, as soon as such information becomes available. Please also supply a copy of the Minimum Rules for the Treatment of Prisoners adopted by the Department of Reformatory and Rehabilitation Centres, to which a reference is made in the report, as well as a copy of Regulations made under section 42 of Act No. 9 (2004), as soon as such regulations are adopted.
Article 2(2)(c) of the Convention. Prison labour. The Committee previously noted that, under section 21(a) of Act No. 9 of 2004, a person sentenced to hard labour may work either inside or outside the centre and may be assigned any task decided upon by the director. It has also noted that, under section 8(c) of the Act, inmates who have not been sentenced to hard labour shall not be assigned any task and may perform labour only for rehabilitation purposes. Under section 11(i) of the Instructions concerning the Administration of the Reformatory and Rehabilitation Centres, the guarding of inmates and the protection of their rights of 2001, supplied by the Government with its report, inmates performing labour for rehabilitation purposes shall enjoy conditions of work similar to those of free workers and shall receive remuneration. The Committee previously noted the Government’s indications in the report that there is no link between private individuals, companies or associations and the work of prisoners in the rehabilitation centres, and that article 13 of the Constitution prohibits that convicted persons are hired to or placed at the disposal of any persons, companies, societies or public bodies.
While having duly noted this information, the Committee would appreciate it if the Government would provide information about the organization of work of prisoners sentenced to hard labour, under section 21(a) of Act No. 9 of 2004, both inside and outside the centre, as well as any information on the activities of the High Rehabilitation Committee (sections 31 and 32 of Act No. 9 of 2004) as regards the organization of such work, including copies of relevant reports and policy documents. Please also supply a copy of regulations made under section 42 of Act No. 9 of 2004, as soon as such regulations are adopted.
Article 2(2)(c) of the Convention. Prison labour. For a number of years, the Committee has been referring to Prison Regulations No. 1 of 1955 issued under the Prison Act of 1953, which provided that prisoners might carry out work for an officer or members of the army by authorization of the Minister of Defence (section 8(e)). The Committee notes with satisfaction that the Government confirms that all prison regulations issued under the Prison Act No. 23 of 1953, which has been repealed by Act No. 9 of 2004 on Reformatory and Rehabilitation Centres, have become null and void.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
Article 2(2)(c) of the Convention. Prison labour. The Committee notes with interest the adoption of Act No. 9 or 2004 on Reformatory and Rehabilitation Centres, which has repealed the Prison Act No. 23 of 1953, as amended (section 44). It requests the Government to indicate, in its next report, whether Prison Regulations No. 1 of 1955, issued under the Prison Act of 1953, which provided that prisoners might carry out work for an officer or member of the army by authorization of the Minister of Defence (section 8(e)), have also been formally repealed and, if so, to supply a copy of the repealing text. Please also supply a copy of Regulations adopted under section 42 of Act No. 9 of 2004.
The Committee notes that, under section 21(a) of Act No. 9 of 2004, a person sentenced to hard labour may work either inside or outside the centre and may be assigned any task decided upon by the director. It also notes the Government’s indications in the report that there is no link between private individuals, companies or associations and the work of prisoners in the rehabilitation centres. While noting these indications, the Committee would appreciate it if the Government would provide information about the organization or prisoners’ work both inside and outside the centre, as well as any information on the activities of the High Rehabilitation Committee (sections 31 and 32 of Act No. 9 of 2004) as regards the organization of such work, including copies of relevant reports and policy documents.
The Committee has noted the Government’s reply to its earlier comments.
The Committee notes the information provided by the Government in reply to its earlier comments.
Article 2(2)(c) of the Convention. The Committee previously noted that section 8(e) of the Prison Regulations (No. 1 of 1955) issued under the Prison Act of 1953 provided that prisoners might carry out work for an officer or members of the army by authorization of the Minister of Defence. It also noted the Government’s statement that the abovementioned provision of the Prison Regulations was no longer applied in practice.
The Committee notes with interest the adoption of the Provisional Law (No. 40 of 2001) on reformatory and rehabilitation centres, which has repealed the Prison Act of 1953, as amended (section 44). It requests the Government to indicate, in its next report, whether the above Prison Regulations (No. 1 of 1955) have been also repealed and, if so, to supply a copy of the repealing text.
The Committee also notes that, under section 21(a) of the Provisional Law (No. 40 of 2001), a person sentenced to hard labour may work either inside or outside the centre and may be assigned any task decided upon by the director. It requests the Government to state, in its next report, whether guarantees are provided to ensure that such persons are not hired to or placed at the disposal of private individuals, companies or associations.
Article 1(1) and Article 2(1) and (2) of the Convention. In its previous comments, the Committee had observed that section 8(e) of the Prison Regulations (No. 1 of 1955) issued under the Prison Act provides that prisoners may carry out work for an officer or members of the army, by authorization of the Minister of Defence and that such provision is not in conformity with Article 2, paragraph 2(c). The Committee had already noted the statement that the performance of particular jobs by prisoners in the service of army officers and soldiers is not applied in practice and that no approval to that effect has been issued. The Committee notes that the draft law concerning correction and rehabilitation centres is now at the stage of adoption and that a copy will be provided as soon as it is promulgated. The Committee hopes that the text will be adopted in the near future and that it will take account of the provisions of the Convention so as to bring the legislation into conformity with the Convention on that matter.
The Committee notes the information provided by the Government in its reports received in April and August 1996.
1. Article 2, paragraph 2(c), of the Convention. In its earlier comments the Committee observed that section 8(e) of the Prison Regulations (No. 1 of 1955) issued under the Prison Act provides that prisoners may carry out work for an officer or members of the Arab army after obtaining the authorization of the Minister of Defence or his deputy, which is not in conformity with this provision of the Convention, under which prisoners must not be hired to or placed at the disposal of private individuals, companies or associations.
In its report received in April 1996, the Government reiterates its previous statement to the effect that the above-mentioned provision of the Prison Regulations is no longer applied in practice. It indicates that a bill on the reformatory and rehabilitation centres, which, according to previous reports, is intended to replace the Prison Regulations, is still under preparation. The Committee therefore reiterates its request to the Government to provide a copy of the new text as soon as it is adopted and once again expresses the hope that it will take account of the provisions of the Convention and will ensure that prisoners are not assigned to work in the service of private individuals.
2. The Committee notes the information provided by the Government concerning the provisions governing the conditions for resignation of members of the armed forces and the conditions of service of civil servants.
The Committee notes the information supplied by the Government in its report.
1. Article 2, paragraph 2(c), of the Convention. In earlier comments the Committee has pointed out that section 8(e) of the Prison Regulations (No. 1 of 1955) issued under the Prisons Act, provides that prisoners may carry out work for an officer or members of the Arab Army after obtaining the authorization of the Minister of Defence or his deputy, provided that their wages are paid to the prisoners' administration for the promotion of craft occupations and the improvement of the prisoners' situation. The Committee drew the Government's attention to Article 2, paragraph 2(c), of the Convention under which prisoners must not be hired to or placed at the disposal of private individuals, companies or associations and asked the Government to indicate the measures taken to ensure that prisoners are not assigned to work in the service of private individuals, such as officers or members of the Arab Army, without having freely consented in advance, and that they enjoy the conditions and guarantees which are those of freely accepted employment.
The Committee notes from the Government's report that section 8(e) of the above Regulations is no longer applied in practice and that under the present instructions prisoners may not work for individuals but only in their own interests and for the purpose of training. It adds that a law to replace the Prison Regulations was adopted in 1990 and is still being discussed by the Legislation Office with a view to completing the constitutional procedures for its promulgation.
The Committee asks the Government to provide a copy of the present instructions and of the law as soon as it has been promulgated. It hopes that the new texts take account of the provisions of the Convention.
2. In its previous comments the Committee referred to the provisions governing the service of members of the armed forces and conditions for resignation. It noted that studying and training contracts specify that the beneficiary must undertake to serve for a period of at least four times the length of the study or training period. During that time, the persons concerned may resign if they repay the costs and financial benefits; certain texts require repayment in a lump sum. The Committee asked the Government to provide information on the practical application of these provisions.
The Committee notes the Government's reference in its report to sections 118(a) (4) and 120(b) of the Regulations (No. 1 of 1988) issuing the conditions of service of the public service under which the period of compulsory service is equal to or twice as long as the training received. Since the Government has already supplied a copy of the texts that apply specifically to the armed forces, the Committee hopes that, in its future reports, it will be able to provide information on the practical effect given to these provisions.
1. Freedom to leave the service of the State. Further to its comments on regulations 151 and 152 of the Civil Service Regulations, the Committee takes note of the information supplied by the Government.
2. The Committee notes a number of texts provided by the Government in reply to its requests, governing the length of service of members of the armed forces and the conditions for resignation.
It notes that the contracts for studying and training, of which the Government sent a copy, specify that the beneficiary must undertake to serve for a period of at least four times the length of the study or training period. During that time, the persons concerned may resign if they repay the costs and financial benefits; certain texts require repayment in a lump sum.
The Committee asks the Government to provide information on the practical application of these provisions.
3. In its earlier comments, the Committee has pointed out that section 8(e) of the Prison Regulations, No. 1 of 1955, issued under the Prisons Act, No. 33 of 1953, provides that prisoners may carry out work for an officer or members of the Arab Army after obtaining the authorization of the Minister of Defence or his deputy, provided that their wages are paid to the prisoners' administration for the promotion of craftsmanship and the improvement of the prisoners' situation. The Committee drew the Government's attention to Article 2, paragraph 2(c), of the Convention, under which prisoners must not be hired to or placed at the disposal of private individuals, companies or associations and asked the Government to indicate the measures taken to ensure that prisoners are not assigned to work in the service of private individuals, such as officers or members of the Arab Army, without having freely consented in advance, and that they enjoy the conditions and guarantees which are those of freely accepted employment.
The Committee noted certain particulars provided by the Government, but pointed out that they did not answer the question raised by section 8(e) of the Prison Regulations referred to above. The Government did not address this matter in its 1991 report. Consequently, the Committee again asks the Government to state the measures taken to ensure compliance with the above-mentioned requirements of the Convention.
The Committee notes the Government's report.
1. In its earlier comments, the Committee has pointed out that section 8(e) of the Prison Regulations, No. 1 of 1955, adopted under the Prisons Act, No. 23 of 1953, provides that prisoners may carry out work for an officer or members of the Arab Army after obtaining the authorisation of the Minister of Defence or his deputy, provided that their wages are paid to the prisoners' administration for the promotion of craftsmanship and the improvement of the prisoners' situation. The Committee has called the attention of the Government to Article 2, paragraph 2(c), of the Convention, under which prisoners must not be hired to or placed at the disposal of private individuals, companies or associations and has asked the Government to indicate the measures taken to ensure that prisoners are not assigned to work in the service of private individuals, such as officers or members of the Arab Army, without having freely consented in advance, and that they enjoy the conditions and guarantees which are those of freely accepted employment.
The Committee notes the information provided by the Government and specifically that provided by the Ministries of Interior and Justice. This information does not, however, address the question arising from section 8(e) of the Prison Regulations, discussed above. Accordingly, the Committee must ask the Government again to indicate the measures taken to ensure compliance with the above-mentioned requirements of the Convention.
2. Freedom to leave the service of the State. The Committee notes that Regulation No. 1 of 1988 Civil Service Regulations, came into effect on 1 January 1988, and that section 169(a) and (b) repeals Regulation No. 23 of 1966 and Regulation No. 40 of 1982, respectively. Section 151 and 152 govern the resignation of civil servants. According to these sections, the civil servant must present his resignation in writing to the public authority vested with the authority to nominate him to his position. If the resignation is accepted, the civil servant is free to leave the service. If the resignation is not accepted either by explicit refusal or because a decision of acceptance is not given in writing within 30 days from the date of presentation to the authority, the civil servant is not free to leave his post and must, according to section 151(b) continue to carry out his duties. If the civil servant does not continue to carry out his duties and is absent from his post for a period of 10 consecutive days, the civil servant is deemed to have abandoned his post. The conclusion of "abandonment" is made by the appointing authority and is to be published in the local newspaper. The civil servant who has been deemed to have abandoned his post is penalised by being ineligible to be named anew to the public service for a period of two years from the abandonment determination. The civil servant determined to have abandoned his job may appeal from the decision within 10 days following the date he was informed by publication of the decision.
The Committee asks the Government to indicate whether the abandonment determination and two year ban from further public service are the only penalties to which a civil servant who leaves his post without approved resignation is liable.
3. The Committee notes the Government's indication that it has asked the Ministry of Defence to furnish, in accordance with the Committee's prior requests, a copy of the laws and regulations governing the length of service of members of the armed forces and the conditions in which they may resign. The Committee looks forward to the Government's sending this information.