Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Jordanie (Ratification: 1968)

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Observation

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The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2023 which concern certain matters examined in this comment.

Articles 1–6 of the Convention.Scope of application of the Convention.Foreign workers. In its previous comment, the Committee had noted that the legal restrictions to the freedom of association of foreign workers, in addition to the dominant union monopoly, have strongly contributed to a situation where, in many sectors foreign workers have no access to collective bargaining, while in some others, their bargaining power is significantly constrained in practice. In view of the foreign workers’ large share in the workforce in Jordan, the Committee had noted that this issue significantly affected the exercise of freedom of association and the right to collective bargaining in the whole Jordanian economy and had urged the Government to repeal sections 98(f)1 of the Labour Code and 7(a) of the Jordanian Teachers’ Association Act (JTA Act) which exclude foreign workers from the right to establish and join unions, and to promote collective bargaining in the sectors where foreign workers make up most of the workforce and encourage the existing unions to adopt an inclusive approach to the participation of foreign workers in collective bargaining. The Committee notes the Government’s indication that the Jordanian Constitution grants the right to establish unions only to Jordanians and therefore repealing section 98(f)1 would be anti-constitutional. Regarding section 7(a) of the JTA Act, the Government indicates that pursuant to its section 19(d), proposals to amend the JTA Act must be made by the board of the union, and subsequently submitted to the Central Authority of the Association and finally to the Minister who will take the necessary legal measures. Regarding the promotion of collective bargaining in sectors where foreign workers make up most of the workforce (including agriculture, construction, domestic work and the garment industry), the Committee notes that the Government merely indicates that in 2022, the number of collective labour contracts reached 47, which covered 263,123 workers including foreign workers. In the first half of 2023, these numbers reached 31 and 146,746 respectively. The Government adds that in the construction sector there is a cooperation protocol between the General Union of Construction Workers and the Association of Investors in the Jordanian Housing sector, and negotiations between that union and the Jordanian Construction Contractors’ Association are ongoing. Noting the Government’s replies to the legislative review requests, the Committee recalls that States have the obligation to give effect to the provisions of the Conventions they ratify, and it is in view of fulfilling this fundamental obligation that they must bring their law and practice into conformity with those Conventions. Considering that the Convention does not allow the exclusion of foreign workers from its scope, the Committee once again urges the Government, in full consultation with the social partners, to repeal all the legal provisions that exclude foreign workers from the right to engage in collective bargaining, in particular sections 98(f)1 of theLabour Code and 7(a) of the JTA Act. The Committee further requests the Government to promote collective bargaining in the sectors where foreign workers are highly represented and take measures to ensure that their demands and concerns are taken into account in this process, and to provide information on the steps taken in this respect.

Agricultural and domestic workers. In its previous comment the Committee had noted that domestic workers are not covered by the Labour Code provisions concerning freedom of association and collective bargaining. The Committee also noted that since the adoption of Decision No. 2022/45 of the Ministry of Labour (MOL), domestic workers can join a pre-existing sectoral union. The Committee had requested the Government to take measures towards the express recognition of the rights of domestic workers to organize and bargain collectively and to provide information on collective bargaining in domestic work and agriculture sectors. It notes with regret that the Government does not provide any information in reply to these requests. Therefore, the Committee once again urges the Government to take appropriate measures to: (i) revise the Labour code or the Regulation on domestic work with a view to expressly recognizing the right of domestic workers to organize and bargain collectively; (ii) encourage and promote collective bargaining in agriculture and domestic work sectors and; (iii) provide information on any collective agreements concluded in these two sectors and the number of workers covered by them.

Workers aged between 16 and 18 years. In its previous comments, the Committee had noted that minors between 16 and 18 years of age have access to employment but are prohibited from joining trade unions and had requested the Government to revise the law so that these workers can enjoy their rights under the Convention. The Committee notes that the Government merely reiterates in this respect that the purpose of subjecting the right to establish and join unions to the attainment of age of 18 is to protect the workers’ will; that amending section 98(f) would go against Jordanian civil law provisions concerning the age of majority and the capacity to exercise civil rights; and that the Jordanian Chamber of Commerce has expressed its agreement with the current age limit. Recalling that it has always emphasized the need to guarantee that minors who have reached the minimum legal age for admission to employment, both as workers and as apprentices, can exercise their trade union rights, the Committee regrets the lack of progress on this matter. Therefore, the Committee once again urges the Government to take the necessary measures to amend sections 98(e)2 and 98(f) of the Labour Code, with a view to fully recognizing and protecting the right of the workers aged between 16 and 18 years to exercise their rights under the Convention. It requests the Government to provide information on the measures taken or envisaged in this respect.

Education sector workers. In its previous comment, the Committee had noted that despite the existence of a union they can join, public sector teachers, and private sector teacher members of the Jordanian Teachers’ Association (JTA), do not appear to enjoy the right to collective bargaining in law or in practice and had requested the Government to ensure that this right is recognized and effectively respected. The Committee had also noted that at least two cases concerning JTA members and executives were pending before courts: (i) the case concerning the dissolution by judicial decision of the JTA executive board; and (ii) a penal case involving charges of incitement to hatred, disturbing the order at an educational institution, and instigating an unlawful assembly. The Committee had also noted the ITUC’s observation alleging the arrest and detention of 14 leading members of the JTA. The Committee had requested the Government to provide information on all the court proceedings involving the JTA, the unionists involved in them and the concrete acts that had entailed their charges. The Committee notes that the Government indicates that contrary to the General Union of Workers in Private Education (GUWPE), the JTA is established under the JTA Act and is not an association governed by Labour Law, therefore, the Ministry of Labour does not deal with any disputes related to this organization. The Government adds however, that JTA members who are teachers in private educational institutions, have the worker status under the Labour Code and enjoy the rights contained therein. According to the Government, a new collective labour contract was concluded between the GUWPE and the Association of Private School-Owners, which initiated a unified labour contract for all workers in private schools and kindergartens, strengthening their labour rights. Concerning the proceedings involving the JTA and its members, the Government indicates that on 12 December 2022, the Amman Magistrate’s Court issued a judgment acquitting the JTA and the members of the first session of its Council from charges of misuse of authority and wasting public money. Nevertheless, the Court convicted 10 other members of the JTA Council for the offence of wasting public money. The Government adds that the Court of Appeal annulled this judgment on 27 April 2023 and the case was sent back to the first instance Court where it is still pending. The Committee also notes the observations of the ITUC stating that JTA members still face persecution from the authorities, and that although the organization has re-started its activities, its leadership has been replaced and members face restrictions in organizing collective actions. The ITUC alleges that genuine leadership and members have been unable to resume their trade union activities. Noting the information provided by the Government, the Committee regrets that no measures have been taken in view of guaranteeing the right to collective bargaining of the JTA members. The Committee recalls in this respect that education sector workers in both public and private sectors should enjoy the rights enshrined in the Convention including the right to collective bargaining. Furthermore, the Committee notes that the Government does not reply to the request for information concerning the JTA members who were accused of “incitement to hatred, disturbing the order at an educational institution, and instigating an unlawful assembly”. Therefore, the Committee once again urges the Government to take all the necessary measures, including legislative measures, to ensure that the right to collective bargaining of the JTA and all workers in the public and private education sector is explicitly recognized in law and effectively respected in practice. The Committee also requests the Government to provide information on all the penal and civil cases pending against the JTA and its members, including the identity and trade union office of the prosecuted JTA member and the concrete acts that have entailed the charges against them. Finally, the Committee requests the Government to provide its comments with respect to the observations of the ITUC.

Workers not included in the 17 sectors recognized by the Government. In its previous comment, the Committee had noted that the principle embodied in section 98(d) of the Labour Code, which provides for the existence of a closed list of industries and economic activities in which trade unions – only one per sector –can be established, is incompatible with the principles set out in the Convention concerning the workers covered as in view of the evolving nature of the economy and the continuous coming into existence of new activities, a closed list will inevitably have the effect of excluding entire categories of workers from the right to establish and join organizations and, therefore, from exercising the right to collective bargaining. The Committee recalls that the Convention covers all workers, with the only possible exceptions of the armed forces, the police and the public servants engaged in the administration of the State. The Committee further notes the Government’s indication that the Ministry of Labour continuously amends the Decision on classification of industries and economic activities in which workers may establish unions, with a view to ensuring the inclusion of all workers in all sectors. The Committee recalls that the existence of a closed list of sectors where unionization and collective bargaining is allowed is incompatible with the Convention and notes with regret the lack of progress with respect to this long-standing issue. Therefore, the Committee once again urges the Government to review section 98(d) of the Labour Code and to take the necessary measures to ensure that workers in all sectors of the economy can exercise their right to organize and freely bargain collectively through the organization of their choosing. It requests the Government to provide information on the measures taken in this respect.

Article 2. Adequate protection against acts of interference. In its previous comment, the Committee had noted that a bill amending section 139 of the Labour Code, which establishes the penalty applicable to acts of interference by employers, was pending before the House of Representatives, but that the proposed amendment still did not establish sufficiently dissuasive sanctions. The Committee had requested the Government to revise the draft submitted to the parliament with a view to effectively strengthen the penalties for interference. The Committee notes the Government’s indication that the draft was adopted as such and therefore the highest fines imposed on employers in case of breach of labour law (including acts of interference) have increased from 100 Jordanian Dinar (JD) to JD1,000 (US$1,410). The Committee notes that this fine, which can neither be adjusted with inflation nor adapted in proportion to the size of the enterprise may not be sufficiently deterrent in the long term and in cases in which the interfering employer disposes of considerable financial resources. The Committee therefore requests the Government, in full consultation with the social partners, to review section 139 of the Labour Code with a view to effectively strengthen the penalties for acts of interference, so as to ensure that they are sufficiently dissuasive. It requests the Government to provide information on the measures taken in this respect.

Articles 4 and 6. Right to collective bargaining. Trade union monopoly. In its previous comments, the Committee had noted that there is a situation of union monopoly in Jordan where 17 sectoral trade unions all affiliated to a single confederation are the only recognized workers’ organizations and no new trade union has been registered since 1976, despite several requests by groups of workers. The Committee noted that this situation is based on sections 98(d) and 102(c) of the Labour Code, as well as on the Decision on classification of industries and economic activities. The Committee notes that the Government reiterates in this respect that the refusal of the Registrar of Trade Unions and Employers’ Associations to register any new trade union with the same aims and purposes as an existing trade union is to avoid rendering the sector vulnerable to fragmentation and conflict of interest and that the rationale behind section 98 is to defend the workers’ interest. Noting with regret the lack of progress on this very important and longstanding issue, the Committee recalls that the right of workers to free and voluntary collective bargaining should include the right to be represented in collective bargaining by the organization of their choice. Therefore, the Committee urges the Government to take all the necessary measures to remove obstacles to trade union pluralism in law and in practice, including by removing the requirement of “one union per sector” in section 98(d) of the Labour Code and the Decision on the classification of industries and economic activities where trade unions may be established (Ministerial Decision No. 2022/45) so as to ensure that all workers can fully exercise their right to free and voluntary collective bargaining.

Collective bargaining in the public sector.Public servants not engaged in the administration of the State. In its previous comment, the Committee had noted that in Jordan, the exercise of the right to collective bargaining in the public service is still not possible in the absence of a legal framework that would expressly recognize this right and regulate its exercise and had urged the Government to take measures in this respect. It had also requested the Government to provide information on any existing public service trade unions besides the JTA and the regulatory texts governing their establishment and functioning. The Committee notes that the Government merely indicates in this respect that employees in any Ministry, department, body or government institution may establish a special trade union for themselves, provided that this is done by virtue of regulations issued for this purpose in accordance with the opinion of the legislative authority which has the original competence with respect to the matter. The Committee notes therefore that the creation of organizations by public servants requires special legislation and that no such special legislation has been issued besides the JTA Act. In view of the above, the Committee urges the Government to take the necessary measures to: (i) adopt legislation enabling public servants not engaged in the administration of the State to establish their organizations; and (ii) to ensure that all public servants not engaged in the administration of the State have an effective framework in which they may engage in collective negotiations over their working and employment conditions through the trade union of their choice, for example, by revising the Civil Service Regulation No. 9 of 2020, or by extending the scope of the Labour Code. The Committee requests the Government to provide information on the steps taken in this regard.

The Committee reminds the Government of the possibility to avail itself of ILO technical assistance regarding the issues raised in this comment.