CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Jordan (RATIFICATION: 1963)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Protection of workers against discrimination. Legislation. The Committee previously asked the Government to provide information on the steps taken to implement the recommendations of the legal review of the National Steering Committee for Pay Equity (NSCPE) as they relate to the Convention with a view to explicitly defining and prohibiting direct and indirect discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention in all areas of employment and occupation, and covering all workers. The Committee recalls that there is no provision in Labour Law No. 8 of 1996 explicitly defining and prohibiting direct and indirect discrimination based on all the grounds enumerated in Article 1(1)(a) of the Convention. Noting that the report does not provide information in this regard, the Committee wishes to recall that, when legal provisions are adopted to give effect to the principle of the Convention they must include, as a minimum, all the grounds of discrimination listed in Article 1(1)(a) of the Convention (2012 General Survey on the fundamental Conventions, paragraph 853). The Committee therefore urges the Government to take the necessary measures without delay to amend the Labour Law No. 8, 1996, in order to: (i) prohibit direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation; and (ii) cover all categories of workers, in both the formal and informal economies, including domestic workers. The Committee also asks the Government to provide information on any progress made in this regard.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. Regarding the adoption of a definition and prohibition of both quid pro quo and hostile environment sexual harassment, the Committees notes the Government’s indication in its report that in 2019 a guide to raise awareness of sexual harassment in the workplace was developed by the social partners and the labour inspectorate. The guide includes a definition of violence and sexual harassment in the workplace, indicates the forms that they can take and the mechanisms for dealing with them, in particular by employers, with emphasis on the employer’s responsibility to provide a safe and adequate work environment. The Government also refers to: (1) the preparation and adoption of a guiding policy relating to protection against violence and harassment in the world of work under which employers undertake to provide a safe and healthy work environment that is free from all forms of violence, threats of violence, discrimination, harassment, intimidation and any other abusive behaviour; and (2) the introduction of a special clause into enterprise rules requiring them to adopt a policy on protection against violence and harassment in the world of work, in the absence of which the internal rules will not be validated by the labour inspectorate. The Committee notes that section 28(i) of the Labour Law provides that the employer may discharge the employee without notice if the employee physically assaults or humiliates the employer, the manager in charge, one of his superiors, any employees or any other person during work. Section 29(f) also provides that the employee may leave work without notice and still retain “his” legal rights for the termination of service as well as damage compensation if the employer or his or her representative physically or verbally assaults him or her during work. The Committee wishes to draw the Government’s attention to the importance of using gender-neutral terminology to avoid perpetuating stereotypes. It further notes that sections 296 to 299 of the Penal Code (Law No. 16 of 1960) establish a penalty of imprisonment in the event of “sexual assault”, “indecent flirting or behaviour” offences, “immoral conduct” and “immoral conduct in public places”, but do not provide a clear definition of sexual harassment. The Committee further notes the Government’s indication that the National Committee on Women’s Affairs is working on a number of amendments to the Labour Law aiming to introduce an obligation on employers to develop an anti-harassment policy at the workplace. In the absence of a comprehensive definition and prohibition of sexual harassment in the Labour Law, the Committee recalls the importance of taking effective measures to prevent and prohibit sexual harassment in employment and occupation (2012 General Survey, paragraph 789). The Committee therefore asks the Government to: (i) step up its efforts to ensure that a comprehensive definition and a clear prohibition of both forms of sexual harassment in employment and occupation (quid pro quo and hostile work environment) is included in the Labour Law and to ensure the use of gender-neutral language; (ii) continue taking preventive measures, including awareness-raising initiatives on sexual harassment in employment and occupation and on the social stigma attached to the issue, for workers, employers and their respective organizations, as well as law enforcement officials, specifying the procedures and remedies available; and (iii) provide information on the number, nature and outcome of any complaints or cases of sexual harassment in employment and occupation detected by labour inspectors and dealt with by the courts or any other body.

Article 5. Special protection measures. Restrictions on women’s employment. The Committee previously asked the Government to take the opportunity of the ongoing legislative review process to amend section 69 of the Labour Law and Ordinance No. 6828 of 1 December 2010 to ensure that any restrictions on women’s employment are limited to maternity in the strict sense, and are not based on stereotypical perceptions of the capabilities of women and their appropriate role in society, which would be contrary to the Convention and constitute obstacles to the recruitment and employment of women. The Government indicates that a Bill amending the Labour Law, including section 69, was submitted to the Chamber of Deputies for adoption and that it is still before Parliament. The Committee asks the Government to review its approach to restrictions on women’s employment and to take the necessary steps to ensure that section 69 of the Labour Code and the corresponding Ordinance No. 6828 are modified so that any restrictions on the work that can be done by women are limited to maternity protection in the strict sense, and are not based on stereotypical assumptions regarding their capacity and role in society. It asks the Government to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.