Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 367, Mars 2013

1. 851. The complaints are contained in communications from the Independent Trade Union of Phosphate Sector Workers (ITUPSW) and the Independent Trade Union of Workers in the Jordanian Electricity Company (ITUWJEC) dated 22 May and 2 August 2012.
2. 852. The Government sent its observations in a communication dated 20 September 2012.
3. 853. Jordan has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

A. The complainants' allegations

1. 854. In their communications dated 22 May and 2 August 2012, the ITUPSW and the ITUWJEC denounce the refusal by the authorities to register them. They indicate that they applied for registration in October 2011 and February 2012, respectively, and that, in both instances, the justification for the rejection of registration by the Ministry of Labour was that there already exists a registered trade union in the sector concerned. The complainants add that this situation results from the decisions taken by the Ministry in application of section 98(B) of the Labour Act which provides that “the Minister may issue a decision to categorize the occupations and industries whose employees may establish an association for them with the agreement of the General Federation of Trade Unions, and he shall specify in his decision the groups of occupations and industries for which no more than one general trade union might be established for all its employees because of their similarity, or those related occupations, or their sharing the same or integrated production”. According to the complainants, a list of 17 trade unions had been adopted in 1976 and, since then, no new trade union has been allowed to form and all applications in this regard have been denied.
2. 855. In addition, the ITUWJEC indicates that it represents workers in the Jordanian Electricity Company exclusively. Out of 2,650 workers which are employed by the company, 2,304 were members of the General Trade Union of Workers in Electricity (GTUWE) (the registered trade union in the sector); 1,400 of these members separated from the GTUWE and joined the newly founded union.
3. 856. The ITUWJEC adds that, in the absence of a response from the company to a number of demands it presented on behalf of the workers, it conducted a 17-day strike in April 2012, with the participation of more than 2,000 workers. During the strike, neither the company, nor the Jordanian Ministry of Labour dealt with the ITUWJEC, despite the mediation and the efforts of the Labour Committee in the Jordanian House of Representatives. Ultimately, a negotiation meeting was scheduled to be held with the company at the House of Representatives, in the presence of the Minister of Labour and the Minister of Electricity, but, following the continued pressure from the GTUWE and the General Federation of Jordanian Trade Unions to marginalize its efforts to reach a collective agreement, neither the company nor the Minister of Labour or the Minister of Electricity attended the scheduled meeting. The ITUWJEC adds that an agreement was signed as a result of the strike, but it was an agreement between the company and the GTUWE, following which the company management issued a decision describing the non-strikers as loyal and rewarding them with a bonus.

B. The Government's reply

1. 857. In its communication dated 20 September 2012, the Government indicates that article 23(ii)(f) of the Constitution of Jordan provides that free trade unions may be formed within the limits of the law. The Government adds that, according to the Labour Act and to the implementing decisions taken by the Minister of Labour, there is a list of occupations and industries for which no more than one general trade union might be established for all its employees because of their similarity, or those related occupations, or their sharing the same or integrated production. The Government states that there already exist the GTUWE and the General Trade Union of Workers in Mining and Metal Industries, which are duly registered respectively in the electricity and phosphate sectors.

C. The Committee's conclusions

1. 858. The Committee notes that the ITUPSW and the ITUWJEC denounce the refusal by the authorities to register them. The Committee further notes that, in both instances, the justification for the rejection of registration by the Ministry of Labour was that there already exists a registered trade union in the sectors concerned (the GTUWE and the General Trade Union of Workers in Mining and Metal Industries).
2. 859. The Committee understands from the information provided by the complainant organizations and from the observations submitted by the Government that this situation results from the decisions taken by the Ministry of Labour in application of section 98(B) of the Labour Act which provides that “the Minister may issue a decision to categorize the occupations and industries whose employees may establish an association for them with the agreement of the General Federation of Trade Unions, and he shall specify in his decision the groups of occupations and industries for which no more than one general trade union might be established for all its employees because of their similarity, or those related occupations, or their sharing the same or integrated production”. Moreover, the Committee notes that, according to the complainants, a list of 17 trade unions had been adopted in 1976 and, since then, no new trade union has been allowed to form and all applications in this regard have been denied.
3. 860. In this regard, the Committee recalls that unity within the trade union movement should not be imposed by the State through legislation because this would be contrary to the principles of freedom of association [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 321]. The Committee therefore urges the Government to take without delay the necessary measures to ensure that the labour legislation and all relevant implementing decisions are reviewed and amended to ensure that workers may freely exercise their right to establish and join organizations of their own choosing in conformity with Convention No. 87. The Committee wishes to draw the Government’s attention to the possibility of seeking technical assistance from the Office, if it so desires. Given the apparent discretionary authority bestowed upon the Minister in section 98(B) of the Labour Act, the Committee further urges the Government to take the necessary measures to ensure the immediate registration of the ITUPSW and the ITUWJEC. The Committee requests the Government to keep it informed of developments in this regard.
4. 861. The Committee also notes that the ITUWJEC indicates that it represents workers in the Jordanian Electricity Company exclusively and that, out of 2,650 workers who are employed by the company, 2,304 were members of the GTUWE (the registered trade union in the sector), out of whom 1,400 separated from the GTUWE and joined the newly founded union. The ITUWJEC adds that, in the absence of a response from the company to a number of demands it presented on behalf of the workers, it conducted a 17-day strike in April 2012, with the participation of more than 2,000 workers, and that, during the strike, neither the company, nor the Jordanian Ministry of Labour dealt with it, despite the mediation and the efforts of the Labour Committee in the Jordanian House of Representatives. According to the ITUWJEC, a negotiations meeting was eventually scheduled to be held with the company at the House of Representatives, in the presence of the Minister of Labour and the Minister of Electricity, but, following pressure from the GTUWE and the General Federation of Jordanian Trade Unions to marginalize its efforts to reach a collective agreement, neither the company nor the Minister of Labour or the Minister of Electricity attended the scheduled meeting. The ITUWJEC adds, however, that an agreement was signed as a result of the strike, but the agreement was between the company and the GTUWE, following which the company management issued a decision describing the non-strikers as loyal and rewarding them with a bonus. The Committee regrets that the Government has not replied to these alleged acts of discrimination in favour of non-strikers. Recalling that it considers measures applied to compensate workers who do not participate in a strike with bonuses to be a discriminatory practice which constitutes a major obstacle to the right of trade unionists to organize their activities [see Digest, op. cit, para. 675], the Committee urges the Government to institute an independent investigation into the abovementioned allegations and to ensure appropriate remedies, should they be found to be true. The Committee requests the Government to keep it informed of developments in this regard.