Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

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

1. Observing that the Government's previous reports referred to the general legislation on equality, the Committee notes with interest that section 2 of the new Labour Code, adopted by Law No. 8 of 1996, introduces non-discrimination specifically on the grounds of sex. The term "worker" now means "any male or female who provides work in exchange for a wage, for an employer and under that person's orders, including minors and any person during a period of trial or qualification". The Committee welcomes this information, which confers upon section 45 (respecting wages) of the Labour Code a specific scope with regard to the application of the principle of equal remuneration for men and women workers for work of equal value.

2. However, the Committee also notes that section 2 of the new Code gives a definition of the term "remuneration" which excludes "the wage due to the worker arising out of overtime work". The Committee wishes to recall that it emphasized in paragraph 14 of its 1986 General Survey on equal remuneration that, in accordance with Article 1(a) of the Convention, the term "remuneration" includes the ordinary, basic or minimum wage or salary and any other emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment. This definition, which is couched in the broadest possible terms, seeks to ensure that equality is not limited to the basic or ordinary wage, nor in any other way restricted according to semantic distinctions. In view of the fact that section 59 of the Code deals specifically with the terms and conditions of the use of overtime hours and their remuneration, the Committee would be grateful if the Government would provide with its next report illustrations of the pay slips for overtime hours of establishments employing male and female workers in work of equal value and if it would indicate in general terms the manner in which the principle of equal remuneration is applied to men and women workers for work of equal value with regard to the various bonuses and allowances paid to workers as a supplement to their wage.

3. The Committee notes the information supplied in the report to the effect that the principle of equality before the law without distinction based on sex, among other grounds, is set out in Chapter I, paragraph 8 of the National Charter under the terms of which "Jordanians of both sexes shall be equal before the law, without discrimination between them as to their duties and their rights on the basis of race, language or religion". The Committee requests the Government to supply a copy of this text with its next report and to indicate the position that it occupies in the hierarchy of the instruments of internal law. The Committee accords particular importance to such a provision, in conjunction with the new definition of the term "worker", in support of the implementation in practice of measures to give effect to the principle of equal remuneration for workers of both sexes for work of equal value. These two provisions could constitute the basis of appropriate legal provisions permitting an effective control over the application of the law in this field by the labour inspection services.

4. The Committee recalls that, in accordance with Article 2, paragraph 1, of the Convention, "each Member shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and, in so far as is consistent with such methods, ensure the application to all workers" of the principle set out in the Convention. In this respect, the Committee notes that of the many tables attached to the report concerning the levels of remuneration of the various categories of workers in the different activities and sectors, only one (table No. 6 concerning the principle activities in the public sector) shows the distribution by sex. It shows a difference in the average wage rates of around 25 per cent to the detriment of women. The Committee requests the Government to provide information in its next report on the methods adopted to undertake an objective appraisal of jobs on the basis of the work to be performed. It also requests the Government to indicate the measures that have been taken or are envisaged to reduce the gap between the wage rates of men and women, particularly in the sector covered by the above statistical table.

5. It has been reported by the National Commission for Women that one of the notable results of its national strategy is the adoption of regulations respecting social protection that introduce the right for women employees to include in their insurance, in the same way as men, their children under 18 years of age, as well as their spouse if he is an invalid and is not already covered in his personal capacity. The Committee welcomes this measure, which undoubtedly constitutes considerable progress in the application of the Convention. It would be grateful if the Government would supply information on this matter and provide a copy of the respective texts with its next report.