Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 81) sur l'inspection du travail, 1947 - Jordanie (Ratification: 1969)

Autre commentaire sur C081

Observation

Demande directe

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Articles 1 and 2 of the Convention. 1. Labour inspection strategy. The Committee notes with interest the adoption of the Labour Inspection Strategy in 2012, aimed at strengthening and developing the labour inspection system. The goals of the strategy include optimizing the use of inspection resources and expanding the coverage of labour inspection services to reach the largest possible number of workplaces. The Committee asks that the Government provide information on the implementation of the Labour Inspection Strategy, including specific measures taken pursuant to this Strategy as well as the impact of these measures.

2. Supervision of working conditions and protection of workers in special economic zones. The Committee notes the information provided by the Government concerning certain inspection activities undertaken in the special economic zones in the country (qualified industrial zones). It also notes that, as part of the Decent Work Country Programme (DWCP) for 2012–15, the ILO is working with the Government to promote better conditions in these zones. According to the information in the Programme document, the ILO conducted a joint migration and labour inspection audit of the Aqaba Special Economic Zone Authority in May 2011, which identified various deficits including in the area of recruitment and training of labour inspectors and labour inspection services. The Committee further notes that a technical assistance project is being implemented in Jordan which, among other goals, aims to enhance the coordination between labour inspectors inside and outside of the Aqaba Special Economic Zone. The Committee asks that the Government provide further information on labour inspection activities in the special economic zones, including the relationship between the inspectorate in these zones and the central inspection authority, as well as the number of inspectors assigned to these zones, the number of inspections carried out, as well as the number of infringements detected and the legal provisions to which they relate.

Article 3(1)(a) and (2). Duties entrusted to labour inspectors in relation to the enforcement of immigration law. The Committee notes the information in the Government’s report that in 2013, the activities of the labour inspectorate included the arrest of 23,254 migrant workers and the repatriation of 2,657 such workers. With reference to paragraphs 76–78 of its 2006 General Survey on labour inspection, the Committee wishes to emphasize that the primary duty of labour inspectors is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers, and not to enforce immigration law. Additional duties should be assigned to labour inspectors only in so far as they do not interfere with their primary duties and do not prejudice in any way the authority and impartiality which are necessary for inspectors in their relations with employers and workers. The function of verifying the legality of employment should have as its corollary the reinstatement of statutory rights of all the workers if it is to be compatible with the objective of labour inspection. The Committee asks that the Government take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, additional duties entrusted to labour inspectors do not interfere with the performance of their primary duties. The Committee also asks that the Government provide information on action undertaken by the labour inspectorate in the enforcement of employers’ obligations towards migrant workers, including those in an irregular situation, such as the payment of wages and other benefits, including for workers liable to deportation or who have already been deported.

Articles 7, 10 and 11. Training for labour inspectors and human and material resources of the labour inspectorate. The Committee notes the statement in the 2012 Labour Inspection Strategy that the labour inspection system suffers from a lack of human and material resources, including a lack of vehicles for use by labour inspectors. The DWCP of 2012–15 indicates that despite enhancements in inspection capacity, further work is needed to strengthen the resources and capacity of the labour inspectorate. In this regard, the Committee notes the Government’s statement that it pays great attention to developing and raising the capacity of inspectors through courses and workshops. One of the main elements of the 2012 Strategy relates to training for inspectors, including the establishment of a training centre. The Committee further notes that a training session was carried out in 2013, in collaboration with the ILO, for labour inspectors from both the Ministry of Labour and the Aqaba Special Economic Zone Authority. The Committee asks that the Government provide further information on the training provided to labour inspectors, including the frequency and duration of this training, the subjects covered and the number of participants, as well as developments relating to the establishment of a training centre. It also asks that the Government provide information on the steps taken or envisaged to ensure that the labour inspectorate is provided with the material resources and transport facilities necessary for the effective performance of their duties.