Solicitud directa (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Jordania (Ratificación : 1963)

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Observación

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Article 1 of the Convention. Discrimination based on sex, race or colour. Migrant workers. The Committee recalls that Regulation No. 90/2009 regarding domestic workers, cooks, gardeners and similar workers, issued pursuant to section 3(b) of the Labour Code, 1996, in practice covers primarily foreign workers. The Committee notes that pursuant to amendments made to section 5(a)(5) of the Regulation in 2011, domestic workers are no longer prohibited from leaving the house without the householder’s permission, but are required “to notify the householder before leaving the house or of any absence”. With respect to section 5(c), according to which if a worker runs away “without good cause attributable to the householder, the worker shall bear all financial obligations” set out in the contract of employment, including repatriation costs, the Government indicates that payment of compensation for termination of the employment contract, whether by nationals or non-nationals, can only be ordered by the court. Noting the Government’s explanation that the female domestic worker is required to inform the employer before leaving or being absent from work, the Committee considers that requiring migrant workers under section 5(a)(5) to notify their employers, even when they are not working, that they are leaving the house, could in practice limit their freedom of movement, and that the limitations in section 5(c), even if subject to judicial scrutiny, are vague and put the worker under threat of an excessive financial burden. The Committee remains concerned that these provisions could increase migrant workers vulnerability to discrimination and abuse, based on prohibited grounds, including sex, race or colour. The Committee also notes that as a result of the 2012 national negotiations on minimum wages, undertaken pursuant to section 52 of the Labour Code, the general minimum wage was set at 190 Jordanian dinars (JOD) for Jordanian workers, and JOD110 for migrant workers. The agreement came into force in January 2013. The Committee considers that the lower minimum wage for migrant workers may discriminate against workers with respect to terms and conditions of employment based on race or colour. The Committee asks the Government to provide information on any steps taken or envisaged to address effectively the situation of dependency and vulnerability of migrant workers, including the revision of Regulation No. 90/2009, as amended, as well as on the activities of the Non-Jordanian Domestic Worker Committee. The Committee also asks the Government to provide information on any steps taken to address discrimination against migrant workers in terms and conditions of employment, in particular minimum wages.

Articles 2 and 3. Equality of opportunity and treatment of men and women. Workers with family responsibilities. The Committee notes that pursuant to section 72 of the Labour Code, as amended by Interim Act No. 26 of 2010, enterprises with at least 20 women workers are required to provide adequate childcare facilities for children under four years of age. Section 67 of the Labour Code also provides that women are entitled to unpaid leave for one year to raise their children. The Committee draws the Government’s attention to the fact that while such provisions may be seen as corresponding to the needs of women who continue to bear an unequal burden of family responsibilities, they raise issues with respect to equality of opportunity and treatment, as they reinforce and prolong social attitudes that hinder the realization of gender equality. It is therefore important to move toward making arrangements and entitlements aimed at reconciling work and family responsibilities available to both women and men on an equal footing. Noting that the legal review conducted by the National Steering Committee for Pay Equity (NSCPE) proposes amendments to sections 67 and 72 so as to extend its coverage to men and women with children, and in the context of the current Labour Law review process, the Committee asks the Government to consider amending sections 67 and 72 so as to guarantee equality of opportunity and treatment for men and women, and to provide information on the progress made in this regard.

Access of women to the public service. Recalling its previous comments with regard to the persistence of gender segregation in the public service, the Committee notes the Government’s indication that, pursuant to Regulation No. 3/2013 on the selection of civil servants for higher level jobs, appointment to leading posts is made on the basis of competencies and efficiency, regardless of sex. The Committee also notes the Government’s reference to the third National Strategy for Jordanian Women (2012–15), which was developed by the National Commission for Women and aims to promote women’s political empowerment and improve their participation in public life and government structures. The Committee asks the Government to provide information on the implementation of Regulation No. 3/2013, indicating the concrete steps taken to ensure that no stereotypical considerations are being given to women’s suitability for certain posts upon appointment, and the practical impact of such measures on women’s access to higher level positions in the public service. Please also provide detailed information on measures taken, in the context of the National Strategy for Jordanian Women, to address occupational gender segregation in the public service.

Vocational training. Recalling its previous comments regarding the need for continued measures to promote women’s access to a wide range of training opportunities and occupations, the Committee notes that, according to statistics provided by the Government on the enrolment of men and women in vocational training programmes in 2012, the rate of female participation in higher level courses remains particularly low. The Committee asks the Government to continue to pursue its efforts to promote women’s access to training, including in remote areas, with a view to addressing occupational gender segregation and enabling them to effectively access a wider range of jobs. Please provide information on the results achieved through such measures, including statistical information, disaggregated by sex, on the participation of men and women in the different training programmes, and the number of men and women, respectively, who have secured employment after completing the training courses.

Cooperation with workers’ and employers’ organizations. The Committee notes the collective agreement for the period 2013–15 concluded between the Jordan Garments, Accessories & Textiles Exporters’ Association (J-GATE) and the Association of Owners of Factories, Workshops and Garments (AOFWG); and the General Trade Union of Workers in Textile, Garment & Clothing Industries, which contains a specific clause prohibiting discrimination on the grounds of “race, creed, religion, colour, national origin, sex, age, citizenship status, disability, or membership in or activities on behalf of the Union”. The Committee asks the Government to provide information on the application in practice of the collective agreement with regard to the promotion of equality and elimination of discrimination, as well as on any other collective agreements addressing discrimination.

Parts III and IV of the report form. Monitoring and enforcement. The Committee notes that the Government states generally that the Dispute Settlement Committee of the Directorate for Domestic Workers received 22 requests for regularization of migrant domestic workers, and assisted 103 Indonesian, 22 Sri Lankan and 32 Filipino female workers in leaving the country. In its report submitted under the Equal Remuneration Convention, 1951 (No. 100), the Government states further that 1,115 complaints under the Regulation were followed up in 2012, for claims against employers. The Committee also welcomes the training that has been provided to labour inspectors in August 2013, in the context of ILO technical assistance, with a view to increasing the capacity of labour inspectors to identify issues of discrimination and unequal pay. The Committee asks the Government to provide information on further measures taken to build the capacity of those involved in monitoring and enforcement, including judges, labour inspectors and other officials, to better identify and address issues related to discrimination in employment and occupation. Please continue to provide information on the enforcement of Regulation No. 90/2009, including on any activities carried out to inspect households and recruitment agencies, as well as statistical information on the number and nature of complaints addressed by the Directorate for Domestic Workers or other bodies and their outcome.

Part V. Statistics. Recalling the importance of statistical information for an effective evaluation of the progress made in applying the Convention, the Committee requests the Government to provide up-to-date data, disaggregated by sex, on the distribution of men and women at all levels of the public and private sector.