Jordan

"Articles 1–6 of the Convention In view of the foreign workers’ large share in the workforce in Jordan, the Committee had noted that this issue significantly affected the exercise of freedom of association and the right to collective bargaining in the whole Jordanian economy and had urged the Government to repeal sections 98(f)1 of the Labour Code and 7(a) of the Jordanian Teachers’ Association Act (JTA Act) which exclude foreign workers from the right to establish and join unions, and to promote collective bargaining in the sectors where foreign workers make up most of the workforce and encourage the existing unions to adopt an inclusive approach to the participation of foreign workers in collective bargaining. The Committee notes the Government’s indication that the Jordanian Constitution grants the right to establish unions only to Jordanians and therefore repealing section 98(f)1 would be anti-constitutional. Regarding section 7(a) of the JTA Act, the Government indicates that pursuant to its section 19(d), proposals to amend the JTA Act must be made by the board of the union, and subsequently submitted to the Central Authority of the Association and finally to the Minister who will take the necessary legal measures. Workers aged between 16 and 18 years. In its previous comments, the Committee had noted that minors between 16 and 18 years of age have access to employment but are prohibited from joining trade unions and had requested the Government to revise the law so that these workers can enjoy their rights under the Convention. The Committee notes that the Government merely reiterates in this respect that the purpose of subjecting the right to establish and join unions to the attainment of age of 18 is to protect the workers’ will; that amending section 98(f) would go against Jordanian civil law provisions concerning the age of majority and the capacity to exercise civil rights; and that the Jordanian Chamber of Commerce has expressed its agreement with the current age limit. Recalling that it has always emphasized the need to guarantee that minors who have reached the minimum legal age for admission to employment, both as workers and as apprentices, can exercise their trade union rights, the Committee regrets the lack of progress on this matter. Therefore, the Committee once again urges the Government to take the necessary measures to amend sections 98(e)2 and 98(f) of the Labour Code, with a view to fully recognizing and protecting the right of the workers aged between 16 and 18 years to exercise their rights under the Convention. It requests the Government to provide information on the measures taken or envisaged in this respect. Articles 4 and 6. Right to collective bargaining. Trade union monopoly. In its previous comments, the Committee had noted that there is a situation of union monopoly in Jordan where 17 sectoral trade unions all affiliated to a single confederation are the only recognized workers’ organizations and no new trade union has been registered since 1976, despite several requests by groups of workers. The Committee noted that this situation is based on sections 98(d) and 102(c) of the Labour Code, as well as on the Decision on classification of industries and economic activities. The Committee notes that the Government reiterates in this respect that the refusal of the Registrar of Trade Unions and Employers’ Associations to register any new trade union with the same aims and purposes as an existing trade union is to avoid rendering the sector vulnerable to fragmentation and conflict of interest and that the rationale behind section 98 is to defend the workers’ interest. Noting with regret the lack of progress on this very important and longstanding issue, the Committee recalls that the right of workers to free and voluntary collective bargaining should include the right to be represented in collective bargaining by the organization of their choice. Therefore, the Committee urges the Government to take all the necessary measures to remove obstacles to trade union pluralism in law and in practice, including by removing the requirement of “one union per sector” in section 98(d) of the Labour Code and the Decision on the classification of industries and economic activities where trade unions may be established (Ministerial Decision No. 2022/45) so as to ensure that all workers can fully exercise their right to free and voluntary collective bargaining."

"Collective bargaining in the public sector.Public servants not engaged in the administration of the State. In its previous comment, the Committee had noted that in Jordan, the exercise of the right to collective bargaining in the public service is still not possible in the absence of a legal framework that would expressly recognize this right and regulate its exercise and had urged the Government to take measures in this respect. It had also requested the Government to provide information on any existing public service trade unions besides the JTA and the regulatory texts governing their establishment and functioning. The Committee notes that the Government merely indicates in this respect that employees in any Ministry, department, body or government institution may establish a special trade union for themselves, provided that this is done by virtue of regulations issued for this purpose in accordance with the opinion of the legislative authority which has the original competence with respect to the matter. The Committee notes therefore that the creation of organizations by public servants requires special legislation and that no such special legislation has been issued besides the JTA Act. In view of the above, the Committee urges the Government to take the necessary measures to: (i) adopt legislation enabling public servants not engaged in the administration of the State to establish their organizations; and (ii) to ensure that all public servants not engaged in the administration of the State have an effective framework in which they may engage in collective negotiations over their working and employment conditions through the trade union of their choice, for example, by revising the Civil Service Regulation No. 9 of 2020, or by extending the scope of the Labour Code. The Committee requests the Government to provide information on the steps taken in this regard."