Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Article 1 of the Convention. Additional allowances in the public service. The Committee notes that, under the new Civil Service Regulations No. 30 of 2007, a male public service official is entitled to a family allowance regardless whether or not his wife works in a governmental institution, and that a female public official is entitled to such an allowance if she is the “breadwinner” regardless whether her husband is employed. The Committee further notes the Government’s explanations that the Civil Service Regulations are based on the customs, habits and values of the Jordanian society which impose on the husband a set of duties and financial obligations towards his family, including in the case of divorce. Therefore, these additional responsibilities give him the priority to receive the family allowance as long as he is charged with the financial and living responsibilities and obligations of the members of the family. While the Committee considers that the new Civil Service Regulations of 2007 are a further step towards achieving equality between men and women, it remains concerned that the legislation will continue to reinforce stereotypes on the roles of men and women in society and the labour market and will, in practice, disadvantage female public servants with respect to their entitlement to family allowances. The Committee asks the Government to give serious consideration to reviewing the provisions of the Civil Service Regulations of 2007 so as to ensure that, in law and in practice, female public officials are treated on an equal basis with male public officials with regard to family allowances, and to keep the Committee informed of the progress made in this regard. The Government is also requested to supply information on the practical application of the provisions of the Civil Service Regulations of 2007 concerning the entitlement to family allowances, including any obstacles encountered by female public officials to be recognized as the “breadwinner” for the purpose of receiving such allowances.

2. Article 2. Application of the principle in the public service. The Committee recalls its previous comments regarding the vertical segregation by sex in the public service and its effects on disparities in remuneration between men and women. The Committee notes the Government’s statement that the legislation does not provide for any difference in the remuneration of men and women employed in the public service and that their recruitment is balanced with an increase in favour of women over the past two years. The Committee notes that in 2006 and 2007, the percentage of women recruited reached 55 per cent and 52 per cent respectively of the total number of recruitments, in particular in special technical positions filled by university graduates. The Committee wishes to point out that although overall the female share of the total number of recruitments may have increased, due to continuing attitudes along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and “suitability” for certain jobs, they may still continue to be employed in job categories that are less remunerated and which have fewer career opportunities. The Committee therefore asks the Government to continue to look into the underlying causes of the vertical gender segregation of the public sector and its impact on disparities in remuneration between men and women, and to keep it informed of the progress made in this regard. The Committee also refers to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

3. Wage gap in the private sector. The Committee notes from the statistics provided by the Government with respect to the occupational grouping of legislators, senior officials and managers, that the wage levels of women as compared to men increased from 48 per cent in 2000 to 85.5 per cent in 2002, then declined drastically to 52.6 per cent in 2003. Wage differentials remain significant for professionals (with women’s wage levels being 48.1 per cent of men’s in 2003), and clerks (with women’s levels being 69.7 per cent of men’s in 2003). On the other hand, a decrease in wage level differentials between men and women can be noted in the occupational grouping of technicians and associate professionals (with women’s wage levels being 81.6 per cent of men’s). In addition, the statistics show that the labour market continues to be highly segregated with women concentrated in the occupational groupings of professionals, technicians and associate professionals, and clerks. The Committee notes that the Government has taken a number of measures in the area of vocational training as a means of increasing women’s employment opportunities and as such reducing existing disparities in remuneration between men and women. It notes in particular the efforts to increase the capacity of vocational training institutes to provide training for women and girls and to promote their participation in a wider range of vocational training courses, including those traditionally offered to male students, as well as the vocational awareness-raising and guidance campaign. The Committee asks the Government to indicate the concrete impact of these activities on reducing the disparities in remuneration between men and women. It also draws the attention of the Government to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

4. Minimum wage. The Committee recalls its previous comments concerning the exclusion of domestic workers, gardeners, cooks and agricultural workers from the application of the minimum wage. The Committee notes the Government’s statement that draft amendments to the provisions of Labour Code No. 8 of 1996 have been submitted to the Council of Ministers proposing that workers in the agricultural sector and domestic work sector be governed by the provisions of the Labour Code as well as its implementing instructions, regulations and decisions. The Committee hopes that the draft amendments will take due account of the requirements of the Convention, and asks the Government to provide the text of the amended provisions, once adopted, as well as any implementing instructions, regulations or decisions relevant to workers in the agricultural and the domestic work sectors.

5. Part V of the report form. The Committee asks the Government to continue to provide information on the practical application of the Convention, in particular any pay reviews or studies, to identify and eliminate disparities in remuneration which may exist in practice between men and women in the private and public sectors.