Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 29) sur le travail forcé, 1930 - Jordanie (Ratification: 1966)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1) and 2(1) of the Convention. 1. Vulnerable situation of domestic workers. The Committee previously requested the Government to continue providing information on the measures taken, under Regulation No. 90/2009 on Domestic Workers, both in legislation and in practice, to ensure the protection of migrant domestic workers against practices which amount to forced labour.

The Committee notes the Government’s indication that Regulation No. 12 of 2015, which regulates private employment agencies that recruit non-Jordanian domestic workers, has been enacted. It also contains provisions regulating the work of migrant female domestic workers. The Government also refers to a Labour Ministerial Decision that authorizes female domestic workers to transfer to another employer without the need to obtain the original employer’s consent, if they have completed two years of service.

The Government also indicates that the labour inspectors at the Directorate of Workers’ Affairs and Inspection, who are in charge of inspecting the offices of recruitment agencies, can suspend the work of the agency, annul the work permit, and initiate legal proceedings against the agency in violation. In case of incoming complaints, or information relating to a violation of workers’ rights, or to an employer’s (homeowner) commitments, the Ministry of Labour may recall each party to amicably resolve the dispute. Both a male and a female labour inspector can undertake the inspection of the accommodation of the worker if the complaint relates to a worker’s accommodation. In case of any violation, the employer shall be given a warning so as to remedy the violation within one week as of the day of its notification. The Government further states that a Domestic Workers’ Affairs Committee has been set up in order to resolve any issue related to the employment and recruitment of foreign domestic workers. In such a case it can invite the employer, the domestic worker, as well as the recruitment agency in order to reach appropriate solutions. The Committee further notes the Government’s reference to several provisions of the Labour Law of 2008 which protect foreign workers from illegal employment, such as provisions on: the obligation to have a contract between employer and worker; minimum wage requirement; working time; overtime payment or compensation; and prohibiting the confiscation of identity documents. The Committee takes note of the 2014 annual report of the Inspection Unit at the Domestic Workers’ Directorate which provides detailed statistics on the numbers of incoming complaints (1,412); resolved complaints (1,387); warnings including a suspension of work (90); as well as transactions of the legal transfer of female workers (6,500).

The Committee encourages the Government to pursue its efforts to ensure that migrant domestic workers are fully protected from abusive practices and conditions of employment that could amount to forced labour, and requests it to continue to provide information on the measures taken in this regard. The Committee also requests the Government to provide information on the number of complaints and the specific penalties applied in case of violations of national legislation regulating migrant domestic workers. Finally, the Committee requests the Government to provide a copy of the Labour Ministerial Decision that authorizes female domestic workers to transfer their employment to another employer.

2. Trafficking in persons. The Committee notes that under Anti-Trafficking Act No. 9 of 2009, a Human Trafficking Unit was established to develop a national policy to prevent trafficking in persons. In this regard, the Government indicates that labour inspectors were appointed, in addition to 20 liaison officers for the Human Trafficking Unit at different labour directorates, to enable them to inform the Unit of any violations relating to trafficking in persons. The Committee also notes the statistics provided by the Government in its report. These statistics show that in 2012 (before the Human Trafficking Unit was set up) only eight cases of trafficking in persons were considered to be human trafficking cases, three of which involved female domestic workers, and two involved workers exploited at work. Investigations were conducted in 2014 of the 316 lawsuits, of which 58 cases involved trafficking in persons. Out of these lawsuits, 34 cases involving exploitation (forced labour) of female domestic workers, and nine consisted of the trafficking of workers.

The Committee requests the Government to provide information on the measures taken in practice under the Anti-Trafficking Act of 2009, to prevent, suppress and combat trafficking in persons. The Committee also requests the Government to indicate the measures taken or envisaged with respect to identification and protection of trafficking victims, particularly among migrant domestic workers.