Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 117) sur la politique sociale (objectifs et normes de base), 1962 - Jordanie (Ratification: 1963)

Autre commentaire sur C117

Demande directe

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Parts I and II of the Convention. Improvement of standards of living. In its previous comments, the Committee invited the Government to provide information on the impact of the National Agenda, the NES and the DWCP and how they have contributed to the improvement of standards of living in accordance with the Convention. The Government reiterates its commitment to promoting decent work and social justice in collaboration with the social partners. It adds that the Decent Work Country Programme (DWCP) 2016–17 has been implemented in cooperation with the ILO and cases of successes have been registered. The Committee notes that the scope of the sectoral collective bargaining agreement has been expanded and the new Social Security Act was enacted in 2014 to include self-employed workers in the retirement pensions system and to provide unemployment and maternity benefits to workers. It further notes that the scope of the National Framework to Combat Child Labour 2011–2016 has been expanded and a new Juveniles Act (2014) defines working children as “children in need of special protection”. The Government reports that the DWCP 2018–22 agenda sets priorities to confront the challenges posed by declining economic growth and rising unemployment rates, in particular among women and young people. The DWCP focuses on improving labour market governance and promoting decent work, in particular for disadvantaged groups. The Committee notes that, in spite of the Government’s efforts, various factors, such as population increases, external political and economic shocks, regional unrest and large flows of migrants and refugees into the country have slowed economic growth and increased the poverty rate from 14.4 per cent in 2010 to an estimated rate of 20 per cent in 2016. As a result, the World Bank has reclassified Jordan, previously considered to be a high-middle-income country, as a lower-middle-income country. The Committee further notes that, while women enjoy better access to education, their rate of participation in the workforce nevertheless remains low. Women’s rate of participation in the workforce was 40 per cent in 2017, among the lowest in the world. The Committee invites the Government to continue to provide updated detailed information, including statistics disaggregated by sex and age on the impact of the implementation of DWCP 2018–22 and other measures taken to ensure the well-being of the population and the improvement of living standards in the country. The Committee further requests the Government to provide information on measures taken or envisaged to increase the participation of women in the labour market.

Part III. Migrant workers. The Government reports that, to create a balance between Jordanians, migrants and refugees in the labour market, the access of expatriate and migrant workers to some sectors of activity and professions is restricted. It further indicates that a quota system was introduced, by sector of activity, to regulate the maximum number of work permits that can be granted to non-Jordanians per company. The Committee notes that the Government has recently reduced the proportion of migrants in six selected sectors and restricted the access of expatriate workers to specific occupations. It further notes that, in coordination with companies in development zones, the proportion of Jordanian to expatriate workers was gradually increased to a minimum of 25 per cent. The Government indicates that the plan of action for the implementation of international requirements of a holistic approach to deal with the Syrian crisis (the Jordan Compact) was followed up with the authorities concerned and a policy was adopted for the proportionate integration of Syrian workers into specific sectors of the Jordanian labour market. It further reports that all procedures relating to expatriate workers, including departures, payment of social security benefits, restrictions on workers who violate the law and those who abscond, were aligned and, in 2017, Syrian and expatriate workers were given the opportunity to regularize their situation. As a result, from 1 January 2016 to 30 June 2017, about 65,000 work permits were granted to Syrian workers and from 15 February 2015 to 15 May 2017, 130,622 work permits were issued for expatriate workers. The Committee notes that the information provided by the Government is demonstrating some progress in improving the situation of migrant workers in targeted groups, namely within the garment sector, where migrant workers constitute 80 per cent of the total workforce. The Government indicates that the employer-driven “sponsorship” system is still operating in Jordan and notes that the labour administration capacity and enforcement mechanisms of the Jordanian Department of Labour and enforcement remain weak. The Committee notes that the Government has ratified 24 ILO Conventions, including seven of the eight fundamental Conventions. However, the two main instruments relating to the Fair Migration Agenda (Migration for Employment Convention (Revised), 1949 (No. 97) and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)), remain unratified. The Committee urges the Government to strengthen its efforts to provide all migrant workers with adequate legal protection and to continue to provide updated detailed information, including statistical data disaggregated by sex and age, on the impact of the implementation of migration policy measures taken in relation with Articles 6–9 and 14(3) of the Convention. It further requests the Government to provide a list of sectors of activity and categories of employment or functions to which access is restricted for expatriate and migrant workers, including the reasons for these restrictions.

Part IV. Remuneration of workers. Advances on wages. The Committee notes that in reply to its previous request for information on court or administrative decisions relevant to the application of Article 12(2)–(3) of the Convention and articles 46 and 47 of the Labour Code, the Government reports that 220 complaints were filed with the Wages Authority during 2017, out of which 180 cases were adjudicated and resolved. It further reports that during 2017, the Ministry received 812 complaints in relation to articles 46 and 47 of the Labour Code, out of which 590 were resolved. The remaining unresolved cases were referred either to the Wages Authority or to the labour courts. The Committee invites the Government to continue to provide information on rulings issued by the judicial or administrative authorities and to submit examples of judicial or administrative decisions pertaining to situations involving the application of articles 46 and 47 of the Labour Code.