Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of domestic workers. The Committee notes the adoption of Regulation No. 90/2009 on domestic workers, cooks, gardeners and similar categories. It notes that, under the above Regulation, a contract of employment between a householder and a domestic worker should be concluded in writing (section 3); the householder must treat the worker with respect, secure any and all decent work requirements, provide medical care and supply all the necessities such as clothing, food, beverages, accommodation, etc. (section 4). Section 6 of the Regulation provides for hours of work and rest periods, as well as annual paid leave. Section 11 deals with complaints regarding the violation of workers’ rights, providing for the obligation of the householder to correct violations, for the inspection of the accommodation of the worker by labour inspectors, as well as for the possibility to apply sanctions against the householder in the form of fines and/or other measures set forth under the Labour Code.

The Committee also notes that, under section 5 of the above Regulation, the worker must refrain from leaving the house without the permission of the householder. The Committee observes in this connection that any restriction of the workers’ freedom of movement may increase the workers vulnerability, which may lead to the imposition of forced labour and to violation of workers’ rights, including the right to file a complaint against the employer. The Committee therefore requests the Government to provide clarification as regards the above provision, as well as information on any measures taken or envisaged in order to strengthen the protection of domestic workers, and particularly migrant domestic workers, from the possible abuses of their rights. Please supply information on any complaints filed to the Ministry of Labour under section 11 of the Regulation referred to above and on the outcomes of such complaints, indicating the cases of the application of fines and other measures taken under the Labour Code. Please also communicate a copy of the instructions to be issued by the Minister of Labour to enforce the provisions, to which reference is made in section 12 of the Regulation.

Article 2(2)(c). Prison labour. In its earlier comments made under the present Convention and Convention No. 105, likewise ratified by Jordan, the Committee noted that, pursuant to sections 8(c), 21(a) and 32(c) of Act No. 9 (2004) on reformatory and rehabilitation centres, prisoners have no obligation to work, if they are not sentenced to hard labour and if the work is not carried out for rehabilitation purposes in accordance with the programmes adopted by the High Rehabilitation Committee. In the latter case, prisoners in reformatory and rehabilitation centres perform work of their choice upon request submitted to the authorities and shall enjoy conditions of work similar to those of free workers (section 11(i) of the Instructions concerning the administration of the reformatory and rehabilitation centres, the guarding of inmates and the protection of their rights, 2001).

The Committee noted that, under section 21(a) of Act No. 9 referred to above, a person sentenced to hard labour may work either inside or outside the centre and may be assigned any task decided upon by the director. It requested the Government to provide information about the organization of such work, both inside and outside the centre.

The Government indicates in its latest report that the penalty of hard labour has not been applied in practice and that a sentence of hard labour is served as a sentence of imprisonment. While having duly noted these indications, as well as the Government’s earlier indication that there is no link between private individuals, companies or associations and the work of prisoners in the rehabilitation centres, the Committee hopes that the Government will provide information about the application in practice of section 21(a) of Act No. 9 (2004), regarding the work of prisoners sentenced to hard labour, as soon as such information becomes available. Please also supply a copy of the Minimum Rules for the Treatment of Prisoners adopted by the Department of Reformatory and Rehabilitation Centres, to which a reference is made in the report, as well as a copy of Regulations made under section 42 of Act No. 9 (2004), as soon as such regulations are adopted.