Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Protection of migrant workers against discrimination based on sex, race, colour and national extraction. The Committee notes Regulation No. 90/2009 of 1 October 2009 regarding domestic workers, cooks, gardeners and similar workers, issued pursuant to section 3(b) of Labour Code No. 8/1996, as amended by Act No. 48/2008. It notes that the Regulation appears to cover primarily foreign workers, and provides for a written contract of employment (section 3), a mechanism to submit complaints to the Ministry of Labour and visits by labour inspectors for complaints regarding accommodation. The Regulation also provides for the establishment of a “Non-Jordanian Domestic Worker Committee” (section 9). The Committee however also notes that section 5(a)(5) requires the worker to refrain from leaving the house without permission of the householder, while section 5(c) provides that if the worker “runs away without good cause attributable to the householder”, the worker shall cover all financial obligations set forth under the signed contract of employment, in addition to the repatriation costs. The Committee considers that such provisions place the workers concerned in a situation of increased vulnerability to discrimination and abuse, as a result of disproportionate power exercised by the employer over the worker. The Committee requests the Government to provide information, including statistics disaggregated by sex and origin, on the practical application of Regulation No. 90/2009. In this regard, information should include the number and nature of any complaints by workers and householders addressed to the Ministry of Labour, any labour inspection visits carried out, sanctions and fines imposed on employers and workers for non-compliance, and remedies provided. With respect to section 5(a)(5) and section 5(c), please indicate how the concern of reducing the migrant workers’ dependency on the employer is effectively addressed. Please also provide information on the mandate of the Non‑Jordanian Domestic Worker Committee.

Sexual harassment. The Committees notes the Government’s indication that the amendments to the Labour Code (Act No. 48 of 2008), in particular section 29 (providing for sanctions in the case of sexual assault by the employer), and the new Civil Service Statute No. 30/2007, in particular section 171(a), adequately protect against sexual harassment at work. According to the Government, sexual harassment in the public service is deemed to be one of the crimes constituting an offence against honour (and punishable under section 171(a)). Chapter XVII of the new Civil Service Statute entitles an employee to file an administrative grievance if she/he is subjected to any act violating the ethics of public office, or breaching the principles of justice and fairness, or is subjected to pressure or coercion or unlawful demand by any employee, whether a chief, colleague or subordinate, or any action which would constitute a violation of the employee’s integrity. Chapter XVII would allow an employee who is subject to sexual harassment in the work environment to file a grievance with the administration. While noting these explanations, the Committee must observe that without a clear definition and prohibition of sexual harassment (quid pro quo and hostile environment) in the Labour Code and the Civil Service Statute, it remains doubtful whether the legislation is effectively addressing all forms of sexual harassment. The Committee strongly encourages the Government to include a clear definition of what constitutes sexual harassment in the workplace, taking into account all elements set out in the general observation of 2002 on this Convention. It also asks the Government to take appropriate measures to raise awareness of and prevent and protect against sexual harassment in the workplace. Please provide information on the number and nature of complaints concerning sexual harassment dealt with by the Department of Family Protection as well as any court cases relating to sexual harassment based on the provisions of the abovementioned legislation.

Restrictions on the employment of women. Recalling the Ordinance of 1997 issued under section 69 of the Labour Code concerning restrictions on women’s employment, the Committee notes the Government’s statement that the Committee established to amend the Ordinance is still meeting. The Committee asks the Government to take the necessary steps so that the review of the relevant provisions and any subsequent amendments take into account the need to ensure that protective measures are strictly limited to protecting maternity, and that those provisions aimed at protecting women because of their sex or gender, based on stereotyped assumptions, are repealed. It asks the Government to provide information of any progress made in this regard.

Equal access of men and women to vocational training. The Committee recalls its previous comments in which it was encouraged by the efforts by the Government to promote women’s access to vocational training with a view to diversifying their employment opportunities, but had also pointed to the need for continued measures to ensure that the type of training available for women was enabling them to access and compete on an equal footing with men for a wider range of jobs. The Committee notes the statistics provided by the Government on the enrolment of men and women in training programmes for 2006 and 2007 indicating an increase of 18 per cent of female students and a decrease of 9 per cent in male students enrolling in the courses offered. However, no information is provided on the type of training courses offered and on whether these have had a real impact on women’s possibilities to find employment on an equal footing with men as a result of such training. The Committee therefore asks the Government to continue to provide information on the measures taken to ensure that the training available to women is enabling them, de facto, to access a wider range of jobs, and to provide information demonstrating any real progress made in this regard. The Government is also requested to provide detailed statistical data, disaggregated by sex, on the participation of men and women in the different types of training courses offered and on the number of men and women that have found employment as a result of this training.

Practical measures to promote equality of opportunity and treatment between men and women. Further to its observation, and with respect to its previous comments regarding the activities carried out under the National Project on the Employment of Women, the Committee notes the information in the Government’s report about the employment opportunities being created in remote areas. It also notes the statistical information on the number of female graduates and their employment rate, which dates, however, from 2005. The Committee asks the Government to continue to provide information on the practical measures taken to encourage women from remote areas to participate in vocational training programmes, including up to date information on the extent to which such training has resulted in these women obtaining and remaining in employment, including in the production branches created in the remote areas. Please also provide information on any measures taken to address stereotypical attitudes pervasive in the labour market and in society more generally, and the outcome of such measures.