Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the Government’s report.

1. The Committee notes the statistics contained in the "1998 Employment survey of enterprises employing at least five persons". It notes that the average wage rates for men and women are relatively close in certain governorates. However, in most areas the wage rates of women generally remain lower than those of men, with this difference rising to 60 per cent in certain governorates, particularly in the private sector. The Committee also notes from these statistics that the participation rate of women on the labour market remains low. It would be grateful if the Government would provide information in future reports on the measures taken and the programmes implemented to promote the principle set out in the Convention and the access of women to the labour market and to positions of responsibility.

2. Further to its previous comments, the Committee notes that section 59 of the Labour Code respecting the determination of overtime rates applies to both men and women, in the same way as section 2 of the Labour Code respecting remuneration. Noting that section 8 of Chapter 1 of the Jordanian National Charter provides that men and women are equal before the law, the Committee asks the Government to provide information on its intention to include in national legislation the obligation to pay equal wages remuneration to men and women work of equal value, as set out in the Convention.

3. With reference to its previous comments, the Committee notes the Government’s statement in its report that the family allowance provided for in section 11 of the system of standardized allowances in the public service, granted to "the wife and children" of public officials, is an allowance intended for the family breadwinner, which may be granted to the spouse (man or woman) of a public official who is responsible for the family. The Committee suggests that the current wording of this provision be amended to reflect this duality.

4. The Committee notes the Government’s indications in its report that enterprises in the private sector establish individually and freely their rules governing remuneration, according to their needs and the nature of the work. The Government indicates that the rules do not contain discrimination on the basis of sex. The Committee wishes to draw the Government’s attention to the fact that, where wages are determined on the basis of market rates, these rates may reflect the historical discrimination existing on the labour market, resulting from sexist prejudices or stereotypes giving rise to an under-evaluation of the jobs principally occupied by women. For this reason, it is recommended that systems for the evaluation of jobs in which women predominate be established, to compare them with those in which men are prevalent with a view to identifying and correcting cases of wage discrimination. Furthermore, even where the State does not intervene directly in the determination of wages, it is nevertheless bound, in accordance with Article 2 of the Convention, to ensure the application of the principle of equal remuneration, particularly where it has the legal power to do so by virtue of the Constitution or laws. The Committee therefore asks the Government to provide practical information on the methods used for the appraisal of jobs and on the measures which have been taken or are envisaged to identify and eliminate wage disparities which may exist in practice between men and women on the labour market, as well as on the general measures taken to promote equality of opportunity and treatment in employment and occupation.

5. Noting that certain laws and regulations applicable to the public service are currently being revised, the Committee asks the Government to continue providing information on reforms which have an incidence on the application of the Convention. The Committee also notes the Government’s statement that the study on the evaluation of standards and programmes for the implementation of job classification systems in the public service is still under way in a specialized commission. It asks the Government to provide information in future reports on the results of this study.

6. The Committee asks the Government to continue providing information on the supervisory activities of the labour inspectorate in this field.