CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

Gender pay gap. The Committee notes the policy brief on pay equity in Jordan prepared by the ILO, in partnership with the Jordanian National Commission for Women in 2010, and the policy paper on “Female labour force participation in Jordan”, submitted to the Economic and Social Council. Both documents confirm a continuing gender pay gap at all skills levels, especially in the private sector where the gender pay gap for professionals is as high as 44 per cent compared to 24 per cent in the public sector. In 2009, female professionals in the education sector earned one-third less than male professionals; in the health/social work sector they earned 38 per cent less than male professionals, while in manufacturing, female professionals earned 24 per cent less than male professionals. Gender inequalities also appear to exist with respect to non-wage benefits. The Committee notes with interest that a tripartite policy round table on pay equity was held in March 2010 which endorsed a number of recommendations, including the establishment of a national tripartite committee on pay equity charged with the development of a national action plan. The Committee asks the Government to provide information on the measures taken to follow up on the recommendations of the round table on pay equity with a view to reducing the gender pay gap in the private and public sectors. Please also provide updated statistical data on the distribution of men and women in the various industries and occupations in the private and public sectors, with their corresponding wage levels.

Scope of application. The Committee notes the adoption of Act No. 48/2008 amending the Labour Code, section 3(b) of which provides for the drafting of regulations that set forth the terms of agricultural workers, domestic workers, gardeners and cooks. The Committee notes Regulation No. 90/2009 of 1 October 2009 regarding domestic workers, cooks, gardeners and similar workers issues pursuant to section 3(b) of the Labour Code. The Committee requests the Government to provide copies of any regulations adopted concerning agricultural workers pursuant to section 3(b), as well as information on the application in practice of Regulation No. 90/2009, particularly with respect to remuneration.

Article 1(a) of the Convention. Additional allowances in the public service. The Committee recalls its previous concerns with regard to section 25(b) of the Civil Service Regulations No. 30 of 2007, pursuant to which a female employee shall only be entitled to a family allowance if she is the “breadwinner” or if her husband is deceased or has a disability. The Committee notes that the Government continues to state that the rationale behind section 25(b) is related to the specific duties and responsibilities imposed on the husband in Jordanian society. It also notes the Government’s indication that the status of breadwinner is given by the religious courts in accordance with Islamic law and traditions governing Jordanian society. The Committee must again express its concern that under the legislation, female public servants will in practice be disadvantaged with respect to their entitlement to family allowances. It draws the attention of the Government to the possibility of allowing both spouses to choose who would be the beneficiary of family allowances, rather than starting from the principle that they should systematically be paid to the father and, in exceptional cases, to the mother if she can demonstrate that she is the breadwinner or is bringing up her children. The Committee asks the Government to indicate the measures taken or envisaged to review the provisions of the civil service regulations of 2007 so as to ensure that female public officials are treated on an equal basis with male public officials with regard to family allowances, and to keep the Committee informed of the progress made in this regard. Please also provide information on the practical application of section 25(b) of the regulations, including any obstacles encountered by female public officials to be recognized as “the breadwinner” for the purpose of receiving family allowances.

Article 2. Application of the principle in the public service. The Committee recalls that despite an increase in the total number of recruitment of women, occupational segregation of women in lower-paying occupations in the public service remains an issue. The Government, however, continues to state that the principle of equal remuneration for men and women is applied through the public service regulations, that women in the public service are not recruited in lower-paid categories and that recruitment is not based on gender. The Committee is nevertheless still lacking information demonstrating how the principle of equal remuneration for men and women for work of equal value is ensured in the public service in practice. The Government also fails to provide information on any steps taken to determine the reasons for the occupational segregation of women into lower-paying occupations and positions without promotion opportunities leading to higher pay. The Committee asks the Government to provide up-to-date statistical information on the distribution of men and women in various grades and corresponding salary levels of the public service, as well as verifiable information on how the principle of equal remuneration between men and women for work of equal value is being implemented in practice. Please also indicate any steps taken to determine the underlying causes of the occupational segregation of women in the public service.

Minimum wage. The Committee notes the Government’s decision of 2008 to increase the minimum wage from 110 Jordanian dinars (JOD) to JOD150 per month, which came into effect in January 2009. However, the Committee understands that garment workers in the Qualifying Industrial Zone (QIZ) and domestic workers, a large majority of whom are women, are excluded from the new minimum wage. The Committee, recalling that the minimum wage is an important means of promoting the application of the principle of the Convention, asks the Government to indicate the reasons for excluding domestic workers and QIZ workers from the minimum wage. Please also indicate the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value also applies to these categories of workers.

Part V of the report form. The Committee reiterates its request to the Government to provide information on the practical application of the Convention, in particular any pay reviews or studies, to identify and eliminate disparities in remuneration which may exist in practice between men and women in the private and public sectors.

CMNT_TITLE

Article 1(b) of the Convention. Work of equal value. The Committee recalls that article 23(ii)(a) of the Constitution provides that all workers shall receive wages appropriate to the quantity and quality of the work, which is more restrictive than the principle contained in Article 1(b) of the Convention. It also recalls that the Labour Code, while defining the terms “wages” and “worker”, does not include a provision expressly providing for equal remuneration for men and women for work of equal value. The Committee notes that the Labour Code was amended in 2008 (Act No. 48/2008) but that no provisions were included concerning equal remuneration for men and women for work of equal value. For a number of years, the Committee has been drawing the attention of the Government to the fact that the provisions in the Constitution and the Labour Code are inadequate to ensure the full application of the principle of equal remuneration for men and women for work of equal value, and may hinder progress in eradicating gender-based pay discrimination. Moreover, while criteria such as quality and quantity may be used to determine the level of earnings, the use of only these criteria may have the effect of impeding an objective evaluation of the work performed by men and women on the basis of a wider range of criteria, free from gender bias. This is crucial in order to eliminate effectively the discriminatory undervaluation of jobs traditionally performed by women. The Committee once again refers to its general observation of 2006 and urges the Government to take immediate steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. Such provisions should cover situations where men and women are performing the same or similar work as well as situations where they carry out work that is of an entirely different nature but is nevertheless of equal value.

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

CMNT_TITLE

1. Article 1 of the Convention. Additional allowances in the public service. The Committee notes that, under the new Civil Service Regulations No. 30 of 2007, a male public service official is entitled to a family allowance regardless whether or not his wife works in a governmental institution, and that a female public official is entitled to such an allowance if she is the “breadwinner” regardless whether her husband is employed. The Committee further notes the Government’s explanations that the Civil Service Regulations are based on the customs, habits and values of the Jordanian society which impose on the husband a set of duties and financial obligations towards his family, including in the case of divorce. Therefore, these additional responsibilities give him the priority to receive the family allowance as long as he is charged with the financial and living responsibilities and obligations of the members of the family. While the Committee considers that the new Civil Service Regulations of 2007 are a further step towards achieving equality between men and women, it remains concerned that the legislation will continue to reinforce stereotypes on the roles of men and women in society and the labour market and will, in practice, disadvantage female public servants with respect to their entitlement to family allowances. The Committee asks the Government to give serious consideration to reviewing the provisions of the Civil Service Regulations of 2007 so as to ensure that, in law and in practice, female public officials are treated on an equal basis with male public officials with regard to family allowances, and to keep the Committee informed of the progress made in this regard. The Government is also requested to supply information on the practical application of the provisions of the Civil Service Regulations of 2007 concerning the entitlement to family allowances, including any obstacles encountered by female public officials to be recognized as the “breadwinner” for the purpose of receiving such allowances.

2. Article 2. Application of the principle in the public service. The Committee recalls its previous comments regarding the vertical segregation by sex in the public service and its effects on disparities in remuneration between men and women. The Committee notes the Government’s statement that the legislation does not provide for any difference in the remuneration of men and women employed in the public service and that their recruitment is balanced with an increase in favour of women over the past two years. The Committee notes that in 2006 and 2007, the percentage of women recruited reached 55 per cent and 52 per cent respectively of the total number of recruitments, in particular in special technical positions filled by university graduates. The Committee wishes to point out that although overall the female share of the total number of recruitments may have increased, due to continuing attitudes along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and “suitability” for certain jobs, they may still continue to be employed in job categories that are less remunerated and which have fewer career opportunities. The Committee therefore asks the Government to continue to look into the underlying causes of the vertical gender segregation of the public sector and its impact on disparities in remuneration between men and women, and to keep it informed of the progress made in this regard. The Committee also refers to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

3. Wage gap in the private sector. The Committee notes from the statistics provided by the Government with respect to the occupational grouping of legislators, senior officials and managers, that the wage levels of women as compared to men increased from 48 per cent in 2000 to 85.5 per cent in 2002, then declined drastically to 52.6 per cent in 2003. Wage differentials remain significant for professionals (with women’s wage levels being 48.1 per cent of men’s in 2003), and clerks (with women’s levels being 69.7 per cent of men’s in 2003). On the other hand, a decrease in wage level differentials between men and women can be noted in the occupational grouping of technicians and associate professionals (with women’s wage levels being 81.6 per cent of men’s). In addition, the statistics show that the labour market continues to be highly segregated with women concentrated in the occupational groupings of professionals, technicians and associate professionals, and clerks. The Committee notes that the Government has taken a number of measures in the area of vocational training as a means of increasing women’s employment opportunities and as such reducing existing disparities in remuneration between men and women. It notes in particular the efforts to increase the capacity of vocational training institutes to provide training for women and girls and to promote their participation in a wider range of vocational training courses, including those traditionally offered to male students, as well as the vocational awareness-raising and guidance campaign. The Committee asks the Government to indicate the concrete impact of these activities on reducing the disparities in remuneration between men and women. It also draws the attention of the Government to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

4. Minimum wage. The Committee recalls its previous comments concerning the exclusion of domestic workers, gardeners, cooks and agricultural workers from the application of the minimum wage. The Committee notes the Government’s statement that draft amendments to the provisions of Labour Code No. 8 of 1996 have been submitted to the Council of Ministers proposing that workers in the agricultural sector and domestic work sector be governed by the provisions of the Labour Code as well as its implementing instructions, regulations and decisions. The Committee hopes that the draft amendments will take due account of the requirements of the Convention, and asks the Government to provide the text of the amended provisions, once adopted, as well as any implementing instructions, regulations or decisions relevant to workers in the agricultural and the domestic work sectors.

5. Part V of the report form. The Committee asks the Government to continue to provide information on the practical application of the Convention, in particular any pay reviews or studies, to identify and eliminate disparities in remuneration which may exist in practice between men and women in the private and public sectors.

CMNT_TITLE

1. Article 1 of the Convention. Work of equal value. The Committee recalls its previous observation in which it had noted that the narrow formulation of section 23(ii)(a) of the Constitution, which specifies that all workers shall receive wages appropriate to the quantity and quality of the work achieved, and the provisions in the Labour Code did not ensure the application of the principle set out in the Convention. The Committee emphasized that while objective criteria such as quality and quantity of work may be used to determine the level of earnings, it was important that the use of such criteria did not have the effect of impeding the full application of the principle of equal remuneration for men and women for work of equal value. The Committee notes that the only measures taken by the Government to ensure the application of this principle is a promotion and awareness-raising campaign on the importance of applying the provisions of the Convention. 

2. The Committee notes from the statistics provided by the Government on the distribution of men and women by occupation and wage level for the years 2000–03 that the differences in wage levels between men and women remained significant in 2003, and that the labour market is highly segregated. The Committee, therefore, recalls its general observation of 2006 on this Convention which states that “historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and ‘suitability’ for certain jobs, have contributed to occupational sex segregation in the labour market…”. In order to address such occupational segregation, where men and women often perform different jobs, under different conditions, and even in different establishments, the concept of “work of equal value” is essential, as it permits a broad scope of comparison. The observation underscores that “comparing the value of the work …, which may involve different types of qualifications, skills, responsibilities or working conditions but which is nevertheless work of equal value overall, is essential in order to eliminate pay discrimination which results from the failure to recognize the value of work performed by men and women free from gender bias”. Therefore, legal provisions that are narrower than the principle as laid down in the Convention “hinder progress in eradicating gender-based pay discrimination against women at work”. The Committee urges the Government to take the necessary steps to amend its legislation so as to provide not only for equal remuneration for equal, the same or similar work, but also to prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.

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

CMNT_TITLE

1. Article 1(b) of the Convention. Application of the principle to additional allowances in the public service. With reference to its previous comments on section 35(a) and (c) of the Civil Service Regulations 2002 concerning the payment of family allowances, the Committee notes the Government’s statement that new draft Civil Service Regulations are being discussed before the Civil Service Council, which would entitle a female public official to a family allowance if she is the “breadwinner” in the family, or if her husband is dead or disabled. The Committee must point out that it remains unclear whether under the new legislation female public officials would be entitled to family allowances for their husband and their children, on an equal basis with male public officials, even when their husband is able to work. The Committee encourages the Government to consider the possibility of allowing both spouses to choose which of them would be the beneficiary of family allowances, rather than starting from the principle that they should systematically be paid to the father and, in exceptional cases, to the mother if she can demonstrate that she is the breadwinner or is bringing up her children alone. The Committee asks the Government to
re-evaluate the current wording of the draft legislation in light of the requirements of the Convention, and keep the Committee informed on any developments in this regard.

2. Article 2. Application of the principle in the public sector. The Committee thanks the Government for the 2005 statistics by occupational category, and the distribution of men and women in different categories covered by the Civil Retirement Act and the Social Security Act. It notes however that women continue to be disproportionately employed in Category 4 (administration) positions, while men dominate Category 1 (supervisory) and Category 2 (technical specialist) positions. The Committee recalls that vertical occupational segregation of men and women is an underlying cause of pay differentials between men and women and that measures to promote women into higher wage categories are an important means to implement the Convention. The Committee asks the Government to evaluate the underlying causes of the existing vertical segregation and their effect on disparities in remuneration between men and women in the public sector, and to report on the results achieved. It also draws the Government’s attention in this regard to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

3. Application of the principle in the private sector. Vocational training as a means to reduce pay differentials. The Committee notes the information provided by the Government that half as many women as men participated in the National Project for Training. The Committee asks the Government to indicate whether and how this project is helping to reduce the existing pay gap between men and women, both by increasing employment opportunities in a wider range of sectors of activities and occupations and by increasing women’s access to jobs of responsibility. Please also refer to the Committee’s comments on Convention No. 111.

4. Minimum wage. The Committee notes the adoption of the Government Order determining minimum wages and its applicability nationwide to all workers who are covered by the Labour Code. The Committee further notes that section 3 of the Labour Code precludes its applicability to “government and municipal officials; an employer’s family members working without remuneration in his undertakings; domestic servants, gardeners, cooks and the like; and agricultural workers”. Given the importance of minimum wages in promoting the application of the principle of the Convention, the Committee asks the Government to indicate whether it has the intention to set minimum wages for domestic workers, gardeners, cooks and agricultural workers. Please also provide information demonstrating how the application of the principle of equal remuneration for men and women for work of equal value is ensured for these workers, in law and in practice.

5. Part V of the report form. Information on practical application and statistics. The Committee asks the Government to provide up to date statistics disaggregated by sex, on the distribution of men and women, according to occupation and remuneration levels, in the various areas of the private sector, in order for the Committee to assess how the principle of the Convention is applied to wages above the minimum wage. The Committee also asks the Government to provide practical information on the measures taken or envisaged, including pay reviews or studies, to identify and eliminate wage disparities which may exist in practice between men and women in the labour market.

CMNT_TITLE

Article 1(b) of the Convention. Work of equal value in national legislation. In previous comments the Committee had noted that section 23(ii)(a) of the Constitution, which specifies that all workers shall receive wages appropriate to the quantity and quality of the work achieved, was inadequate for the application of the principle of the Convention. The Committee notes that the Government indicates in its report that the current legislation is based on the principles that the value of the wages shall be subject to the quantity of the work and the manner in which it is performed, and that equality is established in accordance with the value of the work performed regardless of the gender of the person performing it. The Government further states that the definition of wages in the Labour Code and the fact that the Labour Code defines “worker” as “any person male or female, who performs work for remuneration” reiterate these principles. Noting the explanations given by the Government, the Committee must emphasize however that the narrow formulation of section 23(ii)(a) of the Constitution and the provisions in the Labour Code do not ensure the application of the principle set out in the Convention. While objective criteria such as quality and quantity of work may be used to determine the level of earnings, it is important that the use of such criteria does not have the effect of impeding the full application of the principle of equal remuneration for men and women for work of equal value. The Committee must underscore the importance of ensuring that women who undertake different work from men but work that is nevertheless of equal value based on objective job evaluation criteria, such as responsibility, skill, effort and working conditions, are paid equal remuneration. Having noted previously the significant wage gap between men and women, especially in the private sector, and the fact that the labour market is highly sex‑segregated, the Committee asks the Government to provide information with its next report on the legislative or other regulatory measures which have been taken or are envisaged to ensure the full implementation of the principle of equal remuneration for men and women for work of equal value.

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

CMNT_TITLE

The Committee notes the Government’s report and the attached legislation.

1. Further to its previous comments concerning the enactment of equal pay legislation, the Committee notes the Government’s explanations with regard to the legal provisions guaranteeing equality between men and women, and in particular that article 23(ii)(a) of the Constitution specifies that all workers shall receive wages appropriate to the quantity and quality of work achieved. It wishes to remind the Government that these legal provisions are inadequate for the application of the principle of equal remuneration for men and women workers for work of equal value. The Committee has pointed out on several occasions that, while there is no general obligation to adopt legislation setting forth this principle under the terms of the Convention, doing so is one of the most effective means of ensuring its application. It therefore asks the Government to consider including the principle of equal remuneration for work of equal value in the national legislation.

2. The Committee notes the promulgation of the Civil Service Act No. 55 of 2002. With regard to its previous comments concerning the duality of section 11 (family allowances) of the system of standardized allowances in the public service, the Committee notes that section 35(a) still provides that allowances will be paid to the "wife and children" of public officials. While noting that section 35(d) states that a female public servant shall receive allowances for her children when the father of her children is dead or if he is incapacitated, the Committee asks the Government to clarify whether female employees who are the main breadwinner are entitled to family allowances for their husband and children, even if their husband is able to work. The Committee encourages the Government to amend the current wording of this provision, when the occasion for a revision arises.

3. With regard to its previous comments concerning the differences in wage rates between women and men and the low participation rate of women in the labour market, the Committee notes the Government’s statement that it is currently carrying out a national training programme which provides an opportunity for the increased participation of women in the labour market by training them in certain occupations required by the labour market (i.e. computer applications, industrial needs, tailoring, sales and hairdressing). The Committee asks the Government to continue to provide information on any measures taken and implemented to improve the access of women to the labour market and to indicate whether and how these measures are helping to reduce the existing pay gap between men and women both by increasing employment opportunities in a wider range of sectors of activities and occupations, and in jobs of responsibility.

4. With regard to the public sector, the Committee notes the Government’s statement that a new classification approach was adopted and that a system for classifying and categorizing public sector jobs was set down so as to cover all the certified jobs within an area in conformity with instructions on classifying and describing government jobs. Noting also that the Government states that due account was taken of gender equality, the Committee asks the Government to provide with its next report a copy of the new classification system. In this regard, the Committee notes that section 26(a) of the Public Service Act No. 55 indicates the wages for categories 1 to 3 according to step and grade, and the wages for category 4, according to grade, step and branch of activity, and asks the Government to supply statistical data on the distribution of male and female employees in the corresponding wages scales for categories 1 to 4.

5. With regard to the determination of wages in the private sector, the Committee notes the information provided by the Government that the Council of Ministers decided, on 7 August 2002, to set down minimum wages for workers. In this respect, the Committee recalls the importance of minimum wages in promoting the application of the principle of equal remuneration set out in the Convention, and asks the Government to indicate in its next report whether these are nationwide minimum wages or sector-based minimum wages and to provide copies of any texts.

6. The Committee once again hopes the Government will be in a position to supply statistical data in accordance with its general observation of 1998.

CMNT_TITLE

The Committee notes the Government’s report.

1. The Committee notes the statistics contained in the "1998 Employment survey of enterprises employing at least five persons". It notes that the average wage rates for men and women are relatively close in certain governorates. However, in most areas the wage rates of women generally remain lower than those of men, with this difference rising to 60 per cent in certain governorates, particularly in the private sector. The Committee also notes from these statistics that the participation rate of women on the labour market remains low. It would be grateful if the Government would provide information in future reports on the measures taken and the programmes implemented to promote the principle set out in the Convention and the access of women to the labour market and to positions of responsibility.

2. Further to its previous comments, the Committee notes that section 59 of the Labour Code respecting the determination of overtime rates applies to both men and women, in the same way as section 2 of the Labour Code respecting remuneration. Noting that section 8 of Chapter 1 of the Jordanian National Charter provides that men and women are equal before the law, the Committee asks the Government to provide information on its intention to include in national legislation the obligation to pay equal wages remuneration to men and women work of equal value, as set out in the Convention.

3. With reference to its previous comments, the Committee notes the Government’s statement in its report that the family allowance provided for in section 11 of the system of standardized allowances in the public service, granted to "the wife and children" of public officials, is an allowance intended for the family breadwinner, which may be granted to the spouse (man or woman) of a public official who is responsible for the family. The Committee suggests that the current wording of this provision be amended to reflect this duality.

4. The Committee notes the Government’s indications in its report that enterprises in the private sector establish individually and freely their rules governing remuneration, according to their needs and the nature of the work. The Government indicates that the rules do not contain discrimination on the basis of sex. The Committee wishes to draw the Government’s attention to the fact that, where wages are determined on the basis of market rates, these rates may reflect the historical discrimination existing on the labour market, resulting from sexist prejudices or stereotypes giving rise to an under-evaluation of the jobs principally occupied by women. For this reason, it is recommended that systems for the evaluation of jobs in which women predominate be established, to compare them with those in which men are prevalent with a view to identifying and correcting cases of wage discrimination. Furthermore, even where the State does not intervene directly in the determination of wages, it is nevertheless bound, in accordance with Article 2 of the Convention, to ensure the application of the principle of equal remuneration, particularly where it has the legal power to do so by virtue of the Constitution or laws. The Committee therefore asks the Government to provide practical information on the methods used for the appraisal of jobs and on the measures which have been taken or are envisaged to identify and eliminate wage disparities which may exist in practice between men and women on the labour market, as well as on the general measures taken to promote equality of opportunity and treatment in employment and occupation.

5. Noting that certain laws and regulations applicable to the public service are currently being revised, the Committee asks the Government to continue providing information on reforms which have an incidence on the application of the Convention. The Committee also notes the Government’s statement that the study on the evaluation of standards and programmes for the implementation of job classification systems in the public service is still under way in a specialized commission. It asks the Government to provide information in future reports on the results of this study.

6. The Committee asks the Government to continue providing information on the supervisory activities of the labour inspectorate in this field.

CMNT_TITLE

The Committee notes the Government's report in reply to its previous comments, and the attached documentation.

1. The Committee refers to its previous comments on section 2 of the Labour Code of 1996 concerning the exclusion of "overtime wage" from the definition of remuneration. In its report, the Government indicates that the definition of remuneration is used to calculate work-related entitlements (such as the end-of-service allowance or the indemnity for annual leave not taken by the worker). While the Committee notes this explanation, its concern lies in the manner in which the Government ensures that men and women are paid an equal "overtime wage". The Committee must therefore repeat its previous request to provide more detailed information in this regard, for example, by providing illustrations of the pay slips for overtime hours of establishments employing male and female workers in work of equal value. With regard to other bonuses and allowances paid to workers as a supplement to their wages, the Government points out that the principle of the Convention is effectively applied through periodical labour inspection visits. The Committee refers to its point 3 on labour inspection.

2. With respect to allowances paid in the civil service under the Standards Allowance Scheme, the Committee notes that section 11 of the Scheme provides a family allowance for the "wife and the children" of the worker. Noting also the Government's statement in its previous report that some of the civil service laws and regulations concerning equality are under review, the Committee hopes that the Government will consider amendment of section 11 so as to ensure payment of family allowances to both men and women workers in conformity with the Convention. Please also provide information on the results of the civil service reform which have an impact on the application of the Convention.

3. In reply to the previous direct request concerning the status of the Jordanian National Charter, the Committee notes that the Charter follows the Jordanian Constitution in status and is higher in status than the other laws. The Committee recalls that it had pointed out that the equality provision in the Charter, read in conjunction with section 2 of the 1996 Labour Code, could constitute a basis for appropriate legislation granting the labour inspectorate the authority to conduct enforcement activities to ensure the application in practice of equal remuneration between men and women for work of equal value. In this connection, the Committee refers to its previous comments under Convention No. 111 and notes that the Government has already taken steps in this direction. Notably, the Ministry of Labour has established a new department responsible for women working in the Ministry. It appointed nine female labour inspectors to enforce the implementation of the provisions of the Labour Code relevant to women workers and to provide women with consultative services. The Committee would be grateful if the Government would provide information on any activities undertaken by the new department and by the labour inspectors concerning the application of the Convention, including information on the incidence of wage discrimination detected and the action taken to redress any such occurrence.

4. With regard to sections 4 and 5 of the Public Service Regulations (No. 1 of 1988), the Committee has, for many years, requested the Government to indicate the methods and criteria used by the Council of Ministers in establishing job classification plans, and by the separate departments in conducting an objective appraisal of posts. In its previous direct request, the Committee had noted a wage gap of around 25 per cent in the public sector between the wage rates for men and women. The Committee notes that the Government's report again gives no information on the practical application of sections 4 and 5 of the Civil Service Regulations; nor does it provide any further details on the Government's efforts to reduce the wage gap between men and women in the public sector. The Committee must therefore repeat its previous request to the Government to indicate the methods and criteria used by the Council of Ministers and the separate departments in establishing job classification plans and conducting an objective appraisal of posts, respectively. Please also supply information on the measures taken or contemplated to reduce the wage gap between men and women in the public sector.

5. The Committee notes that the amendment to the Social Security Act No. 30, proposed by the Legal Committee of the National Commission of Women, has not yet been adopted. The Committee hopes that progress will soon be made in this regard and requests the Government to supply a copy of the amended legislation, once adopted.

CMNT_TITLE

The Committee notes the Government's report in reply to its previous comments, and the attached tables.

1. Observing that the Government's previous reports referred to the general legislation on equality, the Committee notes with interest that section 2 of the new Labour Code, adopted by Law No. 8 of 1996, introduces non-discrimination specifically on the grounds of sex. The term "worker" now means "any male or female who provides work in exchange for a wage, for an employer and under that person's orders, including minors and any person during a period of trial or qualification". The Committee welcomes this information, which confers upon section 45 (respecting wages) of the Labour Code a specific scope with regard to the application of the principle of equal remuneration for men and women workers for work of equal value.

2. However, the Committee also notes that section 2 of the new Code gives a definition of the term "remuneration" which excludes "the wage due to the worker arising out of overtime work". The Committee wishes to recall that it emphasized in paragraph 14 of its 1986 General Survey on equal remuneration that, in accordance with Article 1(a) of the Convention, the term "remuneration" includes the ordinary, basic or minimum wage or salary and any other emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment. This definition, which is couched in the broadest possible terms, seeks to ensure that equality is not limited to the basic or ordinary wage, nor in any other way restricted according to semantic distinctions. In view of the fact that section 59 of the Code deals specifically with the terms and conditions of the use of overtime hours and their remuneration, the Committee would be grateful if the Government would provide with its next report illustrations of the pay slips for overtime hours of establishments employing male and female workers in work of equal value and if it would indicate in general terms the manner in which the principle of equal remuneration is applied to men and women workers for work of equal value with regard to the various bonuses and allowances paid to workers as a supplement to their wage.

3. The Committee notes the information supplied in the report to the effect that the principle of equality before the law without distinction based on sex, among other grounds, is set out in Chapter I, paragraph 8 of the National Charter under the terms of which "Jordanians of both sexes shall be equal before the law, without discrimination between them as to their duties and their rights on the basis of race, language or religion". The Committee requests the Government to supply a copy of this text with its next report and to indicate the position that it occupies in the hierarchy of the instruments of internal law. The Committee accords particular importance to such a provision, in conjunction with the new definition of the term "worker", in support of the implementation in practice of measures to give effect to the principle of equal remuneration for workers of both sexes for work of equal value. These two provisions could constitute the basis of appropriate legal provisions permitting an effective control over the application of the law in this field by the labour inspection services.

4. The Committee recalls that, in accordance with Article 2, paragraph 1, of the Convention, "each Member shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and, in so far as is consistent with such methods, ensure the application to all workers" of the principle set out in the Convention. In this respect, the Committee notes that of the many tables attached to the report concerning the levels of remuneration of the various categories of workers in the different activities and sectors, only one (table No. 6 concerning the principle activities in the public sector) shows the distribution by sex. It shows a difference in the average wage rates of around 25 per cent to the detriment of women. The Committee requests the Government to provide information in its next report on the methods adopted to undertake an objective appraisal of jobs on the basis of the work to be performed. It also requests the Government to indicate the measures that have been taken or are envisaged to reduce the gap between the wage rates of men and women, particularly in the sector covered by the above statistical table.

5. It has been reported by the National Commission for Women that one of the notable results of its national strategy is the adoption of regulations respecting social protection that introduce the right for women employees to include in their insurance, in the same way as men, their children under 18 years of age, as well as their spouse if he is an invalid and is not already covered in his personal capacity. The Committee welcomes this measure, which undoubtedly constitutes considerable progress in the application of the Convention. It would be grateful if the Government would supply information on this matter and provide a copy of the respective texts with its next report.

CMNT_TITLE

The Committee notes the Government's brief report.

1. The Committee notes that the Government reports that a new Labour Code should be adopted very shortly and it asks the Government to provide a copy of the Code once it has been promulgated.

2. Further to its previous comments, the Committee recalls that section 4 of the Public Service Regulations (No. 1, 1988) provides that the Council of Ministers is empowered to establish a job classification plan for the entire public service and that section 5 requires each distinct service to establish an objective appraisal of its posts (describing the obligations and duties of such posts, and the qualifications and experience required to hold them). While noting the Government's statement in its report that each ministry or public establishment has its own regulations pursuant to the Public Service Regulations, the Committee again asks the Government to indicate in its next report the methods and criteria used by the Council of Minsters in establishing job classification plans and by the various departments in conducting an objective appraisal of posts, and to provide copies of the regulations in force.

3. The Committee notes the Government's general statement that the Labour Code makes no distinction between men's and women's wages. The Committee points out that it has no information enabling it to ascertain how the principle of equal remuneration laid down in the national legislation is applied in practice. The Committee therefore urges the Government to provide recent information in its next report, concerning:

(i) the salaries and indemnities paid in the public service (under the provisions of Chapter V of the Public Service Regulations), with an indication of the percentage of men and women employed at different levels;

(ii) the texts of collective, or other, agreements fixing wage levels in the various sectors of activity, if possible, with an indication of the percentage of women covered by these agreements and the percentage of men and women employed at different levels;

(iii) statistics of the minimum wage rates and actual average earnings of men and women, if possible broken down by occupation, branch of activity, seniority and skill level, and information on the percentage of women in the various occupations and sectors;

(iv) information on the measures taken to ensure supervision of the application of the provisions governing equal pay, and particularly on the activities of the labour inspectorate (infringements recorded, penalties imposed) and on relevant court decisions.

CMNT_TITLE

The Committee notes the Government's last report received in August 1993.

1. Further to its previous comments on the new Labour Code, the Committee notes that the examination of the draft new Code has been completed by the Legislative Council and that it was to be submitted to the National Council after the Parliamentary elections of 8 November 1993 for urgent examination. The Committee hopes that the Code will be adopted in the very near future and that the Government will provide a copy of the text as soon as it has been promulgated.

2. With regard to section 4 of the Public Service Regulations (No. 1, 1988) under which the Council of Ministers is empowered to establish a job classification plan for the entire public service, and section 5 which requires each distinct service to establish an objective appraisal of its posts (describing the obligations and responsibilities of such posts, and the qualifications and experience required to hold them), the Committee again asks the Government to indicate in its next report the methods and criteria used by the Council of Ministers in establishing job classification plans and by the various departments in conducting an objective appraisal of posts.

3. The Committee notes the information concerning minimum wages, and in particular that their fixation is deliberately left to the law of supply and demand. The Committee asks the Government to provide statistics on minimum wage rates and on average actual earnings of men and women broken down, if possible, by occupation, sector of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.

4. So that it may ascertain how the principle of equal remuneration laid down in the national legislation is applied in practice, the Committee asks the Government to provide recent information in its next report, concerning:

(i) the salaries and indemnities paid in the public service (under the provisions of Chapter V of the Public Service Regulations), with an indication of the percentage of men and women employed at different levels;

(ii) the texts of collective, or other agreements, fixing wage levels in the various sectors of activity, indicating, if possible, the percentage of women covered by these agreements and the distribution of men and women employed at different levels.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. With reference to its previous comments, the Committee notes that the new Labour Code has not yet been adopted. The Committee requests the Government to keep it informed of the progress achieved and to forward a copy of the new Labour Code when it is adopted.

2. The Committee notes with interest the Public Service Regulations, No. 1 of 1988, which do not appear to treat male and female civil servants differently with respect to remuneration. The Committee notes, however, that section 2 of the Regulations defines "salary" as "the basic monthly salary to which a civil servant is entitled as consideration for the carrying out of his obligations; it does not include any type of allowance or indemnity". Referring to Article 1(a) of the Convention, according to which remuneration includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment, the Committee requests the Government to include in its next report information on the way the equal remuneration principle is applied in practice to any allowances or indemnities payable to civil servants under the Regulations.

3. The Committee notes with interest that section 4 of the Regulations empowers the Council of Ministers to establish a job classification plan for the entire public service, and that section 5 of the Regulations requires each distinct service to establish an objective appraisal of each of its posts, describing the obligations and responsibilities of such posts, and the qualifications and experiences needed to occupy them. It requests the Government to indicate in its next report the methods and criteria used in the establishment of job classification plans by the Council of Ministers and of objective appraisals of posts by distinct services.

4. The Committee notes that the Government is currently studying the question of fixing minimum wages in a particular region, and that a minimum wage system is beginning to be applied to drivers in the port of Akaba. The Committee requests the Government to continue to supply information on the fixing of minimum wages and to furnish with its next report copies of any recently concluded collective agreements that fix minimum wages.

5. The Committee notes with interest the results of an inspection of the Jordan Spinning and Weaving Company, namely that starting salaries in that company are equal for men and women workers, and that annual wage increases based on the starting salary are applied equally to men and women workers. The Committee requests the Government to continue to supply information on any measures taken to promote the application of the equal remuneration principle to all workers in the private sector, and on investigatory or remedial action by the labour authorities concerning the principle of equal remuneration to men and women workers for work of equal value, as well as information on decisions by courts and tribunals on the application of the equal remuneration principle.

6. The Committee requests the Government to include with its next report any available information on the wages of men and of women generally and in different occupations, with special attention to occupations in which there is a high proportion of women workers.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in its report.

1. With reference to its previous comments, the Committee notes that the new Labour Code has not yet been adopted. The Committee requests the Government to keep it informed of the progress achieved and to forward a copy of the new Labour Code when it is adopted.

2. The Committee notes with interest the Public Service Regulations, No. 1 of 1988, which do not appear to treat male and female civil servants differently with respect to remuneration. The Committee notes, however, that section 2 of the Regulations defines "salary" as "the basic monthly salary to which a civil servant is entitled as consideration for the carrying out of his obligations; it does not include any type of allowance or indemnity". Referring to Article 1(a) of the Convention, according to which remuneration includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment, the Committee requests the Government to include in its next report information on the way the equal remuneration principle is applied in practice to any allowances or indemnities payable to civil servants under the Regulations.

3. The Committee notes with interest that section 4 of the Regulations empowers the Council of Ministers to establish a job classification plan for the entire public service, and that section 5 of the Regulations requires each distinct service to establish an objective appraisal of each of its posts, describing the obligations and responsibilities of such posts, and the qualifications and experiences needed to occupy them. It requests the Government to indicate in its next report the methods and criteria used in the establishment of job classification plans by the Council of Ministers and of objective appraisals of posts by distinct services.

4. The Committee notes that the Government is currently studying the question of fixing minimum wages in a particular region, and that a minimum wage system is beginning to be applied to drivers in the port of Akaba. The Committee requests the Government to continue to supply information on the fixing of minimum wages and to furnish with its next report copies of any recently concluded collective agreements that fix minimum wages.

5. The Committee notes with interest the results of an inspection of the Jordan Spinning and Weaving Company, namely that starting salaries in that company are equal for men and women workers, and that annual wage increases based on the starting salary are applied equally to men and women workers. The Committee requests the Government to continue to supply information on any measures taken to promote the application of the equal remuneration principle to all workers in the private sector, and on investigatory or remedial action by the labour authorities concerning the principle of equal remuneration to men and women workers for work of equal value, as well as information on decisions by courts and tribunals on the application of the equal remuneration principle.

6. The Committee requests the Government to include with its next report any available information on the wages of men and of women generally and in different occupations, with special attention to occupations in which there is a high proportion of women workers.

CMNT_TITLE

The Committee notes the information supplied by the Government in its report.

1. With reference to its previous comments, the Committee notes that the new Labour Code has not yet been adopted. The Committee requests the Government to keep it informed of the progress achieved and to forward a copy of the new Labour Code when it is adopted.

2. The Committee notes with interest the Public Service Regulations, No. 1 of 1988, which do not appear to treat male and female civil servants differently with respect to remuneration. The Committee notes, however, that section 2 of the Regulations defines "salary" as "the basic monthly salary to which a civil servant is entitled as consideration for the carrying out of his obligations; it does not include any type of allowance or indemnity". Referring to Article 1(a) of the Convention, according to which remuneration includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment, the Committee requests the Government to include in its next report information on the way the equal remuneration principle is applied in practice to any allowances or indemnities payable to civil servants under the Regulations.

3. The Committee notes with interest that section 4 of the Regulations empowers the Council of Ministers to establish a job classification plan for the entire public service, and that section 5 of the Regulations requires each distinct service to establish an objective appraisal of each of its posts, describing the obligations and responsibilities of such posts, and the qualifications and experiences needed to occupy them. It requests the Government to indicate in its next report the methods and criteria used in the establishment of job classification plans by the Council of Ministers and of objective appraisals of posts by distinct services.

4. The Committee notes that the Government is currently studying the question of fixing minimum wages in a particular region, and that a minimum wage system is beginning to be applied to drivers in the port of Akaba. The Committee requests the Government to continue to supply information on the fixing of minimum wages and to furnish with its next report copies of any recently concluded collective agreements that fix minimum wages.

5. The Committee notes with interest the results of an inspection of the Jordan Spinning and Weaving Company, namely that starting salaries in that company are equal for men and women workers, and that annual wage increases based on the starting salary are applied equally to men and women workers. The Committee requests the Government to continue to supply information on any measures taken to promote the application of the equal remuneration principle to all workers in the private sector, and on investigatory or remedial action by the labour authorities concerning the principle of equal remuneration to men and women workers for work of equal value, as well as information on decisions by courts and tribunals on the application of the equal remuneration principle.

6. The Committee requests the Government to include with its next report any available information on the wages of men and of women generally and in different occupations, with special attention to occupations in which there is a high proportion of women workers.