Observación (CEACR) - Adopción: 2017, Publicación: 107ª reunión CIT (2018)

Convenio sobre el derecho de sindicación y de negociación colectiva, 1949 (núm. 98) - Jordania (Ratificación : 1968)

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Observación

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The Committee notes the observations of the Jordanian Federation of Independent Trade Unions (JFITU) received on 31 August 2017, which refer to general legislative issues and specific cases of anti-union harassment and interference. The Committee requests the Government to provide its comments in this respect.

Articles 1–6 of the Convention. Scope of the Convention. Foreign workers. In its previous comments, the Committee had requested the Government to take the necessary legislative measures to ensure that foreign workers may become founding members and leaders of trade unions and employers’ organizations. The Committee notes the Government’s indication that section 98(e) of the Labour Code specifies that there is no impediment which stops the admittance of migrant workers as founder members if the rest of the conditions are met. The Committee notes, however, that the text of section 98(e) as amended in 2010 provides that the first condition for founding a workers’ or employers’ organization is to be Jordanian. The Committee further notes that the JFITU indicates in its observations that although the law was amended in 2010 to allow foreign workers to join unions, it does not permit them to form unions or to hold union office; thus, in sectors where migrants form the majority of the workforce, the establishment of trade unions and the exercise of the right to collective bargaining is very unlikely. The Committee requests the Government to provide clarification in this respect by indicating how foreign workers can enjoy the protection of the Convention, including the right to engage in collective bargaining through the organization of their own choosing, and to indicate whether consideration is being given to amending this provision. The Committee further requests the Government to indicate how these rights are exercised in practice, by indicating the names of any organizations that represent foreign workers and the number of collective agreements covering them.

Domestic and agricultural workers. In its previous comments, the Committee had raised the issue of coverage of domestic and agricultural workers under the Labour Code. In this regard, the Committee notes the Government’s indication in its reply to the 2014 observations of the International Trade Union Confederation (ITUC) pursuant to which domestic workers, cooks and agricultural workers are covered by the Labour Code as specified in section 3; that no provision in the law prohibits their representation by trade unions and that they are represented by the general trade union for employees in food industries. However, the Committee also notes the Government’s diverging indication in its latest report that there is no impediment to the representation of these workers by trade unions provided the law is amended and the tripartite committee agrees thereto. Finally, the Committee notes the JFITU’s observations indicating that although the Labour Code was amended in 2008 to extend certain rights to domestic and agricultural workers, it remains unclear whether the law permits domestic and agricultural workers to create or join unions. The Committee notes that the 2008 amendment of section 3 of the Labour Code removed the express exclusion of domestic and agricultural workers from the scope of application of the Code, however, the amended section 3(b) indicates that the rules governing the employment conditions of these workers will be determined by a regulation to be adopted at a later stage. The Committee notes in this regard the JFITU’s indication that there appears to be a split in judicial opinion as to whether the Labour Code would apply or only the specific regulation referred to in section 3 would be applicable to the workers concerned. The Committee further notes that pursuant to section 10 of the Labour Code, domestic work, cooking, gardening and similar works are sectors that are open to the recruitment of foreign workers. In view of the above, the Committee notes with regret that despite the removal of the express exclusion of domestic and agricultural workers from the coverage of the Labour Code, the law and regulations still do not clearly guarantee these workers the rights set out in the Convention and that this situation might enhance the existing impediments to the exercise of the rights to organize and bargain collectively by the foreign workers working in those sectors, who already face certain restrictions by virtue of their nationality. Recalling that all workers other than the armed forces, the police and public servants engaged in the administration of the State are covered by the provisions of the Convention, the Committee urges the Government to take the necessary legislative or regulatory measures to ensure that agricultural and domestic workers, cooks, gardeners and similar workers can engage in collective bargaining through the organizations of their own choosing, and to provide information on measures envisaged or adopted in this regard.

Workers aged between 16 and 18 years. In its previous comments, the Committee had noted that section 98(f) of the Labour Code specifies that trade union members must be at least 18 years of age and notes the Government’s indication in this regard that the minimum age of admittance to trade unions of 18 years corresponds to the legal age for employment under Jordanian legislation. The Committee notes, however, that section 73 of the Labour Code prohibits the employment of minors under 16 years of age. The Committee considers that the prohibition of minor workers from trade union membership although they may be employed from the age of 16 would effectively exclude them from the protection of the Convention. The Committee therefore once again requests the Government to take measures to amend section 98(f) so as to ensure that minors who have reached the legal age for employment, whether as workers or trainees, will be fully protected in their exercise of the rights falling within the scope of the Convention. It requests the Government to provide information on measures contemplated or adopted in this respect in its next report.

Workers not included in the 17 recognized sectors. The Committee notes the Government’s reply to the ITUC’s 2014 observations, indicating that pursuant to a 1999 Order, the number of occupations and industries whose workers have the right to establish trade unions is set at 17. The Committee further notes the JFITU’s observations indicating that under section 98 of the Labour Code, trade unions can only be established in government-designated sectors and that the official General Federation of Jordanian Trade Unions (GFJTU) has been unable to register unions outside those sectors. Thus, the workers not included in recognized sectors are not able to engage in collective bargaining through the organizations of their own choosing. The Committee notes with concern that such a system might leave out entire groups of workers from the benefit of the rights guaranteed under the Convention. The Committee requests the Government to indicate in detail which are the 17 recognized sectors in which workers have the right to organize for purposes of collective bargaining and the occupations and industries included in each of them and to provide the relevant legislation, regulations and orders. The Committee further requests the Government to provide statistical information as to the number of workers included in the 17 recognized sectors and the total number of workers in the country.

Article 2. Adequate protection against acts of interference. In its previous comments, the Committee had requested the Government to amend the legislation with a view to strengthening the sanctions against interference as it considered that the fines provided for in section 139 of the Labour Code could not have a sufficiently dissuasive effect. The Committee also notes the 2014 observations of the ITUC and those of the JFITU alleging that the Government subsidizes the GFJTU staff’s wages and some of its activities and that it continues to influence their policies and activities, as well as those of their affiliates. The Committee requests the Government to reply to these allegations. Noting that the Government has not provided any new information with regard to its previous comments in this regard, the Committee once again requests the Government to take measures, in full consultation with the representative organizations of workers and of employers, in order to strengthen the sanctions against interference and to provide information on measures envisaged or adopted in this respect.

Articles 4 and 6. Right to collective bargaining. Trade union monopoly. The Committee notes the JFITU’s observations indicating that not only can trade unions be established in government-designated sectors, but also that there may be only one union per sector; that unions are required to be affiliated to the only officially recognized federation, the GFJTU, and the limitation of one union per sector serves to exclude independent unions from organizing workers in the recognized sectors and representing their interests through collective bargaining. The Committee notes that section 98(d)(1) of the Labour Code indeed gives the Tripartite Committee (defined in section 43 of the Code) the authority to specify groups of occupations in which no more than one general trade union may be established, which seems to allow it to establish a trade union monopoly at the sector level. Recalling that the imposition of trade union monopoly is inconsistent with the principle of free and voluntary collective bargaining established in Article 4 of the Convention, the Committee requests the Government to take the necessary legislative measures, including the review of section 98(d)(1) of the Labour Code, so as to provide for full freedom of association, and to provide information concerning the developments in this regard.

Collective bargaining in the public sector. In its previous comments, the Committee had requested the Government to provide information concerning the right to collective bargaining in the public sector, notably the relevant constitutional amendments and the draft law on trade union work for public sector employees. Noting that it has not received any information in this regard, the Committee once again requests the Government to provide information as to the latest developments in the process of adoption and the text of the draft law on trade union work for public sector employees and, recalling that only public servants engaged in the administration of the State can be excluded from the scope of the Convention, the Committee expresses the firm hope that the national legislation will recognize explicitly the right to collective bargaining in the public sector.