Interim Report - Report No 393, March 2021

1. 513. The complaint is contained in communications dated 15 September and 28 December 2018, and 30 July 2019 from the Jordanian Federation of Independent Trade Unions (JFITU).
2. 514. The Government provided its observations in communications dated 15 January, 14 July, 28 August and 11 December 2019, and 13 January and 20 February 2020.
3. 515. Jordan has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).
4. 516. In its communications dated 15 September and 28 December 2018, and 30 July 2019, the JFITU alleges that the Labour Code restricts the right of workers to freely organize and bargain collectively. It further alleges acts of anti-union discrimination, interference and retaliation by the Government against independent trade unions in practice.
5. 517. The JFITU alleges, in particular, restrictions on the right to organize of certain categories of workers. In this respect, according to the JFITU, while the Labour Code was amended so as to allow migrant workers to join unions, it does not permit them to form unions or to hold union office. Thus, according to the complainant, it is very unlikely that trade unions will be formed and that workers will bargain collectively over the terms and conditions of their employment in sectors in which migrant workers predominate. According to the complainant, it remains a legal question as to whether migrant workers can vote in elections for union executive boards.
6. 518. Furthermore, according to the complainant, although the Labour Code was amended in 2008 so as to extend certain rights to domestic and agricultural workers, the law requires these workers to be covered by separate legislation. While a regulation on domestic workers was enacted in 2009, it did not extend the right to freedom of association to this category of workers. According to the JFITU, currently, there is no regulation for agricultural workers. The complainant alleges that in 2008, an independent agricultural union attempted to register but the Government refused to review its application. It points out, however, that while the General Federation of Jordanian Trade Unions (GFJTU) created a domestic workers’ union, despite the lack of a legal framework, the latter was not established by domestic workers nor it is led by domestic workers. The JFITU considers that this union has been set up in order to block the establishment of any future independent domestic workers’ union and recalls that the law prohibits more than one union per sector.
7. 519. In this respect, the JFITU indicates that under section 98 of the Labour Code, unions may be organized only in sectors designated by the Government (currently set at 17) and there may be only one union per sector. The even GFJTU has also been unable to register unions outside of the sectors recognized by the Government, thus denying the workers engaged in such sectors the right to collective bargaining. The limitation of one union per sector also serves to exclude independent unions from organizing workers in the recognized sectors. According to this section:
   • A. The union shall be established by not less than 50 workers in the industry or economic activity or industries and economic activities that are identical, or related to each other in a single production.
   • B. Employers in any industry or economic activity of no less than 25 persons shall have the right to establish a trade union for them to take care of their professional interests related to the provisions of this law.
   • C. No trade union or employer’s organization shall be established for the purpose of carrying out activities based in ethnic, religious or doctrinal grounds, nor shall it be permitted to exercise any of these activities after its establishment.
   • D. The Minister may, through the Registrar of Trade Unions, classify industries and economic activities in which trade unions may be established in accordance with the provisions of paragraphs (A) and (B) of this section so that no industry or economic activity shall have more than one trade union and taking into consideration Arab and international classifications.
8. 520. Furthermore, according to the complainant, the Labour Code authorizes the Minister of Labour to seek judicial dissolution of a union that fails to conform to the law. In this respect, the JFITU refers to section 116 of the Labour Code, pursuant to which:
   • A. If the administrative body of any trade union or employers’ union violates the provisions of this law and the regulations issued pursuant to it or if the bylaws of any of them are in violation of the legislation in force, the Minister must issue a written warning to remove the violation within a period not exceeding 30 days starting the day of notice.
   • B. If the violation continues, the Minister may, on the recommendation of the Registrar of Trade Unions, issue a decision to dissolve the administrative body. The decision shall be subject to appeal before the Supreme Administrative Court within 30 days from the date of notification thereof.
   • C. The Minister shall, in consultation with the General Federation of Trade Unions and regarding the trade unions, appoint an interim administration body from the General Assembly to administer the union and to hold elections for a new administrative body within a maximum period of six months from the date of dissolution.
9. The complainant points out that the union’s administrative body should not be dissolved in the first place, but when the leadership is dissolved, it should be for the workers to select the new leadership and not for the Government. The JFITU also queries whether the Supreme Administrative Court (to whom the right of appeal has been transferred from the Court of Appeals) guarantees the right to due process.
10. 522. The JFITU points out that as it is a violation for a union to exist outside of the official trade union structure, independent trade unions risk judicial dissolution. Thus, trade unions are required to be affiliated to the GFJTU, which also deducts trade union dues against the will or knowledge of workers. According to the complainant, the GFJTU functions according to a unified system that it imposes on its affiliated unions: there are no real elections; executive board meetings do not take place; collective bargaining is conducted by the executive board of the GFJTU, whereas union branches, union committees and labour units at workplaces or even at the level of an establishment are denied the right to be involved in negotiations or submit any demands.
11. 523. According to the complainant, the Government continues to influence trade union policies and activities of the official union – the GFJTU – and its affiliates. At the same time, the Government has repeatedly denied recognition to independent unions organized outside this structure; it does not meet with independent unions and the lack of legal recognition has limited their ability to collect dues, address grievances and to bargain collectively.
12. 524. Furthermore, the complainant points out that while under the terms of section 98(f) of the Labour Code, trade union members must attain the age of 18 years, persons who attain the age of 16 years are admissible for work in the country. The complainant considers therefore that the Labour Code should be amended to allow workers between the ages of 16 and 18 to become members of trade unions.
13. 525. Furthermore, the complainant alleges inadequate protection against acts of interference. It refers in this respect to section 139 of the Labour Code and indicates that a penalty of 50–100 dinars (€62–€124) does not have a sufficiently dissuasive effect.
14. 526. The JFITU also alleges that the law prohibits public sector workers from exercising the right to bargain collectively.
15. 527. Additionally, the JFITU alleges that by virtue of the 2008 amendment to the Labour Code, the term “group of workers” was deleted from section 2 of the Labour Code setting out the definition of a “labour dispute”. The latter, as defined after the amendment, is no longer a dispute “between a group of workers or the union and the employer or the employers’ union …”, but is a dispute “between a union and the employer or the employers’ union …”.
16. 528. The complainant organization refers to several violations of freedom of association rights in practice. It alleges, in particular, that in an official memo (a copy of which the complainant transmits with the complaint) sent to all government departments and establishments, the Prime Minister advised them not to recognize independent unions and that the Ministry of Labour has advised its staff not to accept any letters or respond to any correspondence from independent unions. Applications to register unions with the Ministry of Labour have been either denied or ignored.
17. 529. According to the complainant, the chairperson of the Parliamentary Labour Committee, who was at the same time the president of the General Union of Mining Workers and vice-president of the GFJTU, demanded in a speech to Parliament that they put an end to independent unions. The JFITU alleges that the leadership of the GFJTU constantly attacks the independent unions and describes them as mercenaries and demands they be eliminated and that it had escalated an offensive media campaign against independent trade unions through statements, press releases, TV interviews, seminars, conferences and workshops.
18. 530. The JFITU further alleges abuse of workers in the Jordan Water Company “Miyahuna”. It alleges, in particular, that when the company management learned that the workers intended to form an independent trade union, it issued a formal announcement, with reference to the letter of the Minister of Labour warning the workers that the company will not cooperate with any independent trade union and that the company recognizes and deals only with the General Union of Workers in Food Industries. Workers were warned not to join any independent union. The complainant organization alleges that after the establishment of an independent trade union of workers at the company, the company’s management took various abusive actions against trade union activists. The JFITU refers, in particular, to the arbitrary transferring of the president of the Independent Trade Union, Mahmoud Shihada Al-Khateeb the firing of one of the workers, Mr Khaled Hasan Ali; and threatening company workers wishing to join the independent trade union.
19. 531. The JFITU further alleges that those who try to operate an independent trade union face severe pressure and refers in this respect to the following examples:
    • • Mr Mohamed Al Senaid, ex-president of the Independent Union of Agricultural Workers, was detained because of his union activity.
    • • Mr Amin Ghanim, president in the Independent Trade Union of Art Workers, was detained for several days, and he and other members of the union were interrogated after a complaint from the president of the Artists’ Union (a professional association).
    • • Mr Tayel Al Khamayseh, ex-president of the Independent Union of Phosphate Mine Workers was suspended from his job because he raised labour demands.
    • • The Government pressured the president and the secretary of the Chemical Industries’ Independent Union by asking them to resign from the union or be fired from their jobs. This was after they had succeeded in negotiations that led to signing a collective agreement. They preferred to resign rather than be fired.
    • • Mr Khalil Butros Wahhab, vice-president of the Independent Trade Union of Civil Aviation Workers, was forced to submit his resignation.
    • • Mr Jalal El Harasees, president of the Independent Union of Jordan Electricity Workers, stood up to defend a colleague who is a member of the independent union. The annual promotion of Mr El Harasees Jalal was deferred and his wages withheld.
    • • The president of the Independent Trade Union in the Pharmaceutical Industries and his board members were forced to sign pledges stating that they will not engage in union activities.
    • • The Independent Union of Electricity Workers organized a strike that lasted 17 days in 2012. However, the GFJTU negotiated an agreement to end the strike despite the fact that the workers’ demands were not addressed. In 2013, the Independent Union of Electricity Workers once again submitted the same list of demands as in 2012. However, it was not taken into consideration. The union organized another strike for five days until a Memorandum of Understanding (MoU) was signed between the Ministry of Labour, the company’s management and the parliamentary labour committee. The independent union was not allowed to sign the memorandum. The condition of signing the MoU was that the demands were to be submitted in 2014 (two years from the 2012 agreement). In 2014, the independent union resubmitted its demands but was once again ignored. The GFJTU was asked to submit fewer demands, and accordingly an agreement was signed. The electrical company deducted the pay for a five-day strike from the salaries of striking workers. The union filed a lawsuit and won, but the company appealed. The case is still pending.
    • • Security forces prevented the re-distribution of administrative positions at the General Union of Electricity Workers/Amman branch.
20. 532. The complainant also alleges interference in public meetings. In this respect it refers to a celebration that was planned by a women’s committee of the independent trade union federation on the occasion of Women’s Day 2017 at the Jordanian University. The celebration was cancelled only two days before it was to take place. The women’s committee decided to move the event to Jerusalem International Hotel instead, but again it was cancelled by the security authorities just two hours before it was supposed to begin, despite the permissions obtained both times.
21. 533. The JFITU also refers to a blood drive campaign that it was planning to launch jointly with the Amman municipality to provide the blood bank with 500 blood units, which was cancelled only hours before the starting time despite the fact that all permissions were obtained in advance. Another manifestation, a tree planting activity that the complainant organization was planning to launch jointly with the Amman municipality on the occasion of “tree day”, was cancelled although all permissions were obtained.

B. The Government’s reply

1. 534. In its communications dated 15 January, 14 July, 28 August and 11 December 2019, and 13 January and 20 February 2020 provides the following information.
2. 535. The Government points out that articles 16 and 23(2)(f) of the Constitution enshrine the freedom to establish unions and form associations and leaves the manner in which they are established and function to the relevant law and regulations. The Labour Code describes the registration procedure for trade unions and employers’ association. According to the Government, the provisions of the Labour Code apply to workers without distinction and irrespective of sex, nationality, race, colour or religion.
3. 536. With regard to the rights of migrant workers, the Government indicates that there is nothing in the Labour Code that prevents them to vote in their respective unions. Moreover, the Code allows every union to establish its own statute specifying its functioning, election and voting procedures, in which the Ministry is not involved.
4. 537. According to the Government, agricultural workers are subject to the Labour Code and there is no special law relating to them. The Government informs that a group of workers in the agricultural sector submitted an application to establish the Agricultural Workers’ Union and that this matter will be brought before the Tripartite Committee for consideration and decision.
5. 538. As for the situation of domestic workers, the Government indicates that this category of workers is subject to the provisions of the Labour Code. However, due to the importance of this sector (there are 48,000 domestic workers in the Kingdom) and the nature of work, the Ministry has issued special regulations and instructions for this sector, which regulate the recruitment process and give this category of workers privileges better than those provided for in the Labour Code. The Government also points out that there is nothing in the law that prevents domestic workers from joining the existing and registered trade union – the General Trade Union of Workers in Public Services and Free Occupations.
6. 539. Regarding section 98 of the Labour Code, the Government indicates that the Minister may issue, through the Registrar of Associations, a decision to categorize the industries and economic activities. This is justified by the intention to give greater flexibility in order to increase the number of trade unions and open the door for the establishment of new trade unions, including in sectors that were not previously represented or to reclassify large sectors incorporated under one trade union. According to the Government, the latest amendment of this provision refers to the expansion of the decision to classify professions by transferring the powers of classification of occupation from the Tripartite Committee to the Minister.
7. 540. The Government further indicates that public servants are excluded from the provisions of the Code and are subject to the provisions of the civil services administration system.
8. 541. Regarding the amendment to the Labour Code deleting the term “group of workers”, the Government explains that in the context of labour disputes, most of the countries in the world deal with unions and not with groups of workers to prevent chaos and organize trade union work. The Government points out that instead of allowing any worker to negotiate, there is a need to strengthen the role of trade unions in representing workers and defending their rights.
9. 542. As for section 116 of the Labour Code, the Government explains that the recent amendments made it possible for the Minister to dissolve the union administrative body, instead of dissolving the union itself, if the latter violates the laws and regulations in force. The final decision is made by the court.
10. 543. The Government also points out that in accordance with the national legislation and the relevant ratified Convention, working age in Jordan is set at 18.
11. 544. The Government indicates that it intends to reopen elements of the legislation in the future and to conduct consultations with the social partners with a view to preparing relevant amendments.
12. 545. The Government further indicates that the independent trade union unions mentioned in the complaint did not follow the procedures for their establishment and functioning described in the Labour Code. Independent unions may not be founded without resort to the Tripartite Committee. Members of the independent unions may join the existing unions in the current professional category. In this respect, the Government points out that there is an existing registered union, the General Trade Union of Electricity Workers, which all workers in the electricity sectors have the right to join, and in which most of those seeking to establish an independent union enjoy full membership. There is also an existing registered trade union, the General Trade Union of Workers in Mining and Metal Industries, which all workers in the phosphate sector have the right to join. Therefore, when an appeal against the decision to refuse to register independent unions in electricity and phosphate sectors was lodged with the court, the latter upheld the decision on grounds that there was no legal justification for establishing a new union. The Government indicates that consequently, it issued a general order to deal with legally registered trade unions and to distinguish between those legally registered and those not.
13. 546. With regard to the allegations of discrimination between trade unions and intimidation of leaders of independent trade unions, the Government points out that Jordan is a State governed by the rule of law and that the relationship between trade unions and the Ministry of Labour is regulated by law. It further indicates that the allegations are untrue.
14. 547. With regard to the alleged detention of leaders of two independent trade unions, the Government indicates that this matter is not within the competence of the Ministry of Labour, and that it has no information in this regard.
15. 548. With regard to the alleged interference in the activity of a trade union in the electricity sector in Amman, the Government indicates that it is not aware of the existence of this federation and points out that there is a legitimate union in the sector, known as the General Trade Union of Electricity Workers.
16. 549. With regard to the alleged cancellation by the authorities of public meetings, the Government indicates that the Ministry of Labour has no knowledge of any meetings held and has not addressed any authority in this regard.
17. 550. Finally, with regard to the alleged practices to prevent the establishment of a trade union of workers’ at Miyahuna, the Government indicates that no application to establish a trade union has been submitted to the Ministry; however there is an existing union, registered in accordance with the provision of the Labour Code, to represent workers of the company, namely, the General Trade Union of Workers in Food Industries.

C. The Committee’s conclusions

1. 551. The Committee notes that the complainant in this case, the JFITU, alleges that the Labour Code restricts the right of workers to freely organize and bargain collectively. It further alleges acts of anti-union discrimination, interference and retaliation by the Government against independent trade unions in practice.
2. 552. The Committee notes that according to the JFITU, while migrant workers can join trade unions, the Labour Code restricts their right to organize and to hold trade union office. Consequently, their right to bargain collectively is also restricted. According to the complainant, it is further not clear whether migrant workers can vote in elections for union executive boards. The Committee notes the Government’s indication that the Constitution enshrines the freedom to establish unions and form associations and leaves the manner in which trade unions are established and function to the relevant laws and the regulations. In this respect, the Labour Code describes the registration procedure for trade unions and employers’ associations. According to the Government, the provisions of the Labour Code apply to workers without distinction whatsoever and irrespective of nationality. Furthermore, the Labour Code does not prevent migrant workers from voting in their respective unions.
3. 553. The Committee notes that the text of section 98(e) of the Labour Code, as amended in 2010, provides that the first condition for founding a workers’ or employers’ organizations is to be Jordanian. The Committee recalls that the right of workers, without distinction whatsoever, to establish and join organizations of their own choosing, without previous authorization, implies that anyone legally residing in the country benefits from trade union rights, including the right to vote, without any distinction based on nationality [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 322]. The Committee requests the Government to amend section 98(e) of the Labour Code, in consultation with the social partners, so as to eliminate the restriction placed on the organizing rights of migrant workers and to keep it informed of all measures taken in this respect.
4. 554. Regarding the alleged prohibition to hold office imposed on migrant workers, the Committee noting the absence of the Government’s observations in this regard, recalls that legislation should be made flexible so as to permit the organizations to elect their leaders freely and without hindrance, and to permit foreign workers access to trade union posts, at least after a reasonable period of residence in the host country [see Compilation, para. 623]. The Committee requests the Government to take the necessary measures, in consultation with the social partners, to ensure that foreign workers enjoy their freedom of association rights, including to the right to be elected to trade union office. It requests the Government to keep it informed of the measures taken in this respect.
5. 555. The Committee further notes the allegation that domestic and agricultural workers do not enjoy the right to organize. The complainant alleges, in particular, that a request for registration of an independent union of agricultural workers had been denied and that the GFJTU had created a domestic workers’ union, despite the lack of a legal framework, in order to block the establishment of any future independent domestic workers’ union. The complainant points out that the GFJTU domestic workers’ union was not established by domestic workers, and that it is not led by such workers. The Committee notes that according to the Government, agricultural workers are subject to the Labour Code and there is no special law relating to them. The Government informs that a group of workers in the agricultural sector submitted an application to establish the Agricultural Workers’ Union and that this matter will be brought before the Tripartite Committee for consideration and decision. As for the situation of domestic workers, the Government indicates that this category of workers is subject to the provisions of the Labour Code as well as to special regulations and instructions, which regulate the recruitment process and give this category of workers privileges better than those provided for in the Labour Code. The Government also points out that there is nothing in the law that prevents domestic workers from joining the existing and registered trade union – the General Trade Union of Workers in Public Services and Free Occupations.
6. 556. The Committee notes from the information provided by the Government to the Committee of Experts on the Application of Conventions and Recommendations (CEACR) within the framework of the application of Convention No. 98 that despite the removal of the express exclusion of domestic and agricultural workers from the coverage of the Labour Code, the law and regulations still did not clearly guarantee these workers the rights set out in the Convention. The Committee requests the Government to provide information on the measures taken to ensure that agricultural and domestic workers can join the organization of their own choosing to the CEACR to the attention of which it draws legislative aspects of this case.
7. 557. The Committee believes that the above alleged restrictions on the rights to organize of migrant, domestic and agricultural workers should be seen in the larger context alleged by the complainant. According to the JFITU, pursuant to section 98 of the Labour Code, unions may be organized only in sectors designated by the Government and there may be only one union per sector. There are currently 17 recognized sectors. The Committee notes that according to the JFITU, not only has the GFJTU been unable to register unions outside those sectors, but that this limitation of one union per sector also serves to exclude independent unions from organizing workers in the recognized sectors. The Committee notes that the JFITU alleges a number of instances where independent trade unions could not be registered because, as confirmed by the Government, a GFJTU structure existed in the given sector (e.g. in the electricity, food, and mining and metal industries). The Committee understands that previously, the Tripartite Labour Committee was competent to recognize occupations and industries in which trade union may be established and that by virtue of the latest amendment of the Labour Code, this power has been vested in the Minster of Labour. The Government explains that this is justified by the intention to give greater flexibility, to increase the number of trade unions and open the door for the establishment of new trade unions, including in sectors which are not represented or to reclassify large sectors represented by one trade union.
8. 558. The Committee notes with concern that the current system might leave out entire groups of workers unable to exercise their right to organize and to benefit from collective bargaining rights. It recalls that in Case No. 2977 concerning Jordan it had urged the Government to take without delay the necessary measures to ensure that the labour legislation and all relevant implementing decisions are reviewed and amended to ensure that workers may freely exercise their right to establish and join organizations of their own choosing [see Report No. 367 (March 2013), para. 860]. The Committee therefore requests the Government to take, in consultation with the social partners, the necessary measures, including legislative, in order to ensure that all workers in all sectors in the country, with the only possible exception of the armed forces and the police enjoy the right to establish and join organizations of their own choosing. The Committee requests the Government to keep it informed of the measures taken or envisaged in this regard.
9. 559. The Committee further expresses its concern that no more than one union can be established per industry or sector. It also notes with concern that the GFJTU is expressly mentioned in the Labour Code as an organization which the Minister of Labour shall consult with regard to the appointment of a union interim administrative body (section 116), which would appear to further consolidate a trade union monopoly in the country. The Committee recalls that the existence of an organization in a specific occupation should not constitute an obstacle to the establishment of another organization, if the workers so wish. It further recalls that unity within the trade union movement should not be imposed by the State through legislation because this would be contrary to the principles of freedom of association [see Compilation, paras 477 and 487]. The Committee requests the Government to take the necessary measures, in consultation with the social partners, to amend the Labour Code so as to ensure that more than one trade union organization per sector or industry can be established if the workers so desire. It requests the Government to keep it informed of the developments in this regard.
10. 560. The Committee further notes the allegation that the legislation prohibits public sector workers to organize and to bargain collectively. The Committee notes the Government’s indication that public servants are excluded from the provisions of the Labour Code and are subject to the provisions of the civil services administration system. Recalling that public servants, like all other workers, without distinction whatsoever, have the right to establish and join organizations of their own choosing, without previous authorization, for the promotion and defence of their occupational interests [see Compilation, para. 336], the Committee requests the Government to provide information, including specific legal provisions, regarding the right to organize and to bargain collectively in the public sector, including in the public service.
11. 561. The Committee notes that the complainant further alleges that pursuant to section 98(f) of the Labour Code, workers must attain the age of 18 years to be able to be a member of a trade union, while persons of 16 years of age are admissible to work. The Committee notes the Government’s indication that the working age is set at 18. The Committee observes, however, that section 73 of the Labour Code prohibits the employment of minors under 16 years of age. The Committee considers that minor workers who have reached the legal age of employment should be able to form and join organizations of their own choosing. It therefore requests the Government to take the necessary measures, in consultation with the social partners, to amend section 98(f) so as to ensure that minors who have reached the legal age for employment, whether as workers or trainees, are fully protected in their exercise of the freedom of association rights. It requests the Government to provide information on measures contemplated or adopted in this respect.
12. 562. The Committee notes that section 116 of the Labour Code confers the power to the Minister to dissolve an administrative body of a trade union (or an employer’s organization) if it violates provisions of the Code, regulations issued pursuant to it or if the bylaws of the organization are in violation of the legislation in force. The Minister’s decision is subject to appeal before the Supreme Administrative Court. Furthermore, pursuant to the same provision, in consultation with the GFJTU, the Minister appoints an interim administrative body from the General Assembly to administer the union and to hold elections of a new administrative body. The Committee further notes that section 119 of the Labour Code provides for a penalty of imprisonment for a period not exceeding three months and/or a fine of up to 1,000 dinars (US$1,410) for continuing to act on behalf of a dissolved organization or administrative board.
13. 563. The Committee recalls that the removal by the Government of trade union leaders from office is a serious infringement of the free exercise of trade union rights [see Compilation, para. 654]. It further considers that the power of the Minister to remove a freely elected administrative body of an organization on the basis of such a broad criteria as “any violation of the legislation” constitutes a serious interference in trade union activities, including the right of trade unions to elect their own representatives and organize their administration, even if it can be appealed to the Administrative Court, as the latter bases its decisions on the legislation in force setting out the same broad criteria. The Committee further considers that the nomination by the authorities of members of executive committees of trade unions constitutes direct interference in the internal affairs of trade unions. The Committee therefore requests the Government to amend section 116 of the Labour Code in consultation with the social partners in this light and to keep it informed of the measures taken in this regard.
14. 564. The Committee notes that the complainant organization considers that the penalty of 50–100 dinars (US$70–US$140) provided for in section 139 of the Labour Code is not a sufficient sanction against acts of interference. The Committee recalls that legislation must establish sufficiently dissuasive sanctions against acts of interference by employers against workers and their organizations. The Committee requests the Government to review the fines with the social partners in order to determine what would represent a sufficiently dissuasive sanction and to take the necessary measures to amend the section accordingly. It requests the Government to keep it informed of the steps taken in this regard.
15. 565. The Committee notes the Government’s indication that it intends to reopen elements of the legislation in the future and to conduct consultations with the social partners with a view to preparing relevant amendments. The Committee trusts that steps will be taken in the near future to amend the law and requests the Government to keep it informed in this respect. It further draws the attention of the CEACR to the legislative aspects of this case.
16. 566. The Committee notes the alleged violations of trade union rights in practice. The JFITU alleges, in particular, that those who try to operate independent trade unions face pressure and refers in this respect to the detention of Mr Muhamed Al Senaid, ex-president of the Independent Union of Agricultural Workers and of Mr Amin Ghanim, president of the Independent Trade Union of Art Workers. The Committee notes the Government’s indication that this matter is not within the competence of the Ministry of Labour, which has no information in this regard. The Committee regrets that no information has been provided by the Government on these serious allegations. It recalls that the detention of trade union leaders or members for trade union activities or membership is contrary to the principles of freedom of association [see Compilation, para. 120]. It further recalls that the ultimate responsibility for ensuring respect for the principles of freedom of association lies with the Government [see Compilation, para. 46]. The Committee considers that if the procedure protects governments from unreasonable accusations, governments on their side will recognize the importance of providing full replies concerning allegations made against them, which should include information obtained from the relevant national authorities. The Committee urges the Government to provide detailed observations on these two alleged cases of detention without further delay.
17. 567. The Committee further notes the following alleged cases of interference and discrimination suffered by leaders and activists of independent trade unions: dismissal (Mr Khaled Hasan Ali, worker at the water company), suspension (Mr Tayel Al Khamayseh, ex-president of the Independent Union of Phosphate Mine Workers), pressure to resign from the job (president and secretary of the Chemical Industries’ Independent Union and Mr Khalil Butros Wahhab, vice-president of the Independent Trade Union of Civil Aviation Workers), deferral of promotion and withholding of wages (Mr Jalal El Harasees, president of the Independent Union of Jordan Electricity Workers), transfer (Mr Mahmoud Shihada Al-Khateeb, president of the Independent Trade Union of Workers at the Jordan Water Company Miyahuna); and threatening company workers wishing to join the independent trade union and pressure to sign pledges not to engage in trade union activities (president of the Independent Trade Union in the Pharmaceutical Industries and its board members, as well as at the water company). The Committee notes the Government’s indication that these allegations are untrue. The Committee requests the Government to provide detailed information on any investigation conducted into the above allegations.
18. 568. The Committee requests the Government and the complainant to provide information on the outcome of the appeal in the case involving the Independent Union of Electricity Workers regarding the employer’s alleged denial to bargain collectively.
19. 569. With regard to the alleged cancellation by the authorities of public meetings organized by independent trade unions, the Committee notes the Government’s indication that the Ministry of Labour has no knowledge of any such meetings and has not addressed any authority in this regard. The Committee requests the Government to review these allegations with the competent authorities with a view to giving appropriate instructions in the event that they have interfered with the right to hold meetings and the freedom of assembly of the trade unions involved and to keep the Committee informed of the measures taken in this respect.
20. 570. The Committee invites the Government to avail itself of the technical assistance of the Office in respect of the matters raised in this case.