Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that section 73 of the Labour Code of 1996 prohibits the employment of minors under 16 years of age. The Committee had also noted the Government’s statement in its first report that it has not availed itself of the possibilities of exclusion or to limit the scope of application of the Convention envisaged in Articles 4 and 5. The Committee had noted however that, according to section 2 of the Labour Code, a person under 16 years of age who performs work outside the framework of an employment contract does not benefit from the protection laid down therein. It further observed that, by virtue of its section 3, the Labour Code shall not apply to: (a) members of the family of the employer working in his/her enterprise without remuneration; (b) domestic workers, gardeners, cooks and the like; and (c) agricultural workers excluding those who shall be covered by the Labour Code pursuant to a decision taken by the Council of Ministers upon the recommendation of the Minister of Labour. The Committee notes the absence of information in the Government’s report on the measures taken or envisaged to ensure that the prohibition to employ children under 16 applies to all workers regardless of their occupation as well as to self-employed workers. It also observes that, according to the National Report on Child Labour of 1997, 6.1 per cent of working children are self-employed, 14.5 per cent work for the family, and 10.2 per cent work for no wages. Thus, more than 30 per cent of working children fall outside the scope of application of the Labour Code. The Committee accordingly reminds the Government that the Convention shall apply to all kinds of work or employment regardless of the existence of an employment relationship. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that domestic workers, gardeners, cooks and the like, agricultural workers and self-employed workers benefit from the protection laid down in the Convention.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee had noted the amendment to section 74 of the Labour Code made by the provisional Law of 10 July 2002, which raised from 17 to 18 years the minimum age for the admission to work which is hazardous, difficult or involves health risks. It had noted that the Order of 1997 (published in Official Journal No. 41-81 of 1 February 1997) on work which is hazardous, difficult or involves health risks for young persons, issued under section 74 of the Labour Code, provides for a list of the types of hazardous works that persons under 17 years of age shall not perform. The Committee notes, with interest, that the Order of 1997 was amended in 2004 to raise to 18 the minimum age for admission to the types of work listed therein. It also observes that the list of the types of work that children shall not perform is very similar to the previous one. Some details were added with regard to the exact type of chemicals to which child workers shall not be exposed to or manipulate, or the maximum weight that they may lift.

Article 6. Apprenticeship. In its previous comments, the Committee had noted that sections 36 to 38 of the Labour Code of 1996 concerning apprenticeship do not set the minimum age for admission. The Committee notes, with interest, that according to section 3 of the Instruction on the Regulation of Vocational Training Contracts issued on the basis of section 36(b) of the Labour Code, the minimum age for admission to apprenticeship or vocational training is 16.

Part V of the report form. In its previous comments, the Committee had noted that the Government has designed a new form for the purpose of collecting data on the employment of children. The Committee notes the Government’s indication that 50 per cent of child workers are in Amman, 21 per cent in the Governorate of Al-Zarqaa, eight per cent in Arbad and four per cent in Al-Bulqaa. The majority of children work in undertakings employing less than five workers and for a maximum of eight hours per day. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of minors by age group, and information on the number and nature of contraventions reported.