Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Age Convention, 1973 (No. 138) - Jordan (Ratification: 1998)

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that section 73 of the Labour Code of 1996 prohibits the employment of minors under 16 years of age. It had noted, however, that according to section 2 of the Labour Code, a person under 16 years of age who performs work outside the framework of an employment contract does not benefit from the protection laid down therein. It had further observed that, by virtue of its section 3, the Labour Code shall not apply to: (a) members of the family of the employer working in his/her enterprise without remuneration; (b) domestic workers, gardeners, cooks and the like; and (c) agricultural workers excluding those who shall be covered by the Labour Code pursuant to a decision taken by the Council of Ministers upon the recommendation of the Minister of Labour. The Committee had reminded the Government that the Convention shall apply to all kinds of work or employment, regardless of the existence of an employment relationship. The Committee notes that the Committee on the Rights of the Child also expressed its concern, in its concluding observations of 29 September 2006, that the “protection provided by the Labour Code does not apply for children working in the informal sector (for example, in small family enterprises, agriculture and domestic labour)” (CRC/C/JOR/CO/3, paragraph 88). The Committee notes the Government’s information that draft amendments to the Labour Code have been referred to the Council of Ministers, after consultation with the social partners. These draft amendments provide that workers in the domestic and agricultural sectors shall be governed by the provisions of the Labour Code, as well as by the regulations, instructions and orders promulgated pursuant to the Labour Code. The Committee trusts that the amendments to the Labour Code will ensure that children working in the informal sector, for example in small family enterprises as well as in the domestic and agricultural sectors, benefit from the protection laid down in the Convention. It requests the Government to supply a copy of the revised Labour Code, once the draft amendments have been adopted. Furthermore, noting the lack of information supplied by the Government on this point, the Committee requests it once again to provide information on the measures taken or envisaged to ensure that self-employed children also benefit from the protection of the Convention.

Article 9, paragraph 1. Penalties. The Committee notes that section 77 of the Labour Code provides that any employer or manager who violates any section of chapter VIII of the Code, which includes section 73 on the minimum age for employment or work, is liable to a fine of no less than 100 and no more than 500 dinars. The fine is doubled every time the offence is repeated. However, according to the Committee on the Rights of the Child, in its concluding observations of 29 September 2006, “the employment of children has steadily grown in recent years, especially in agriculture” (CRC/C/JOR/CO/3, paragraph 88). Furthermore, according to the December 2006 ILO–IPEC study entitled “Rapid assessment on the worst forms of child labour in Jordan: Survey analysis”, official records suggest that there is a very weak enforcement of the articles of the Labour Code which deal with illegal employment of children. The Committee recalls that, by virtue of Article 9, paragraph 1, of the Convention, all necessary measures shall be taken by the competent authority to ensure the effective enforcement of the provisions of this Convention. The Committee considers it necessary to ensure the application of the Convention by applying the penalties provided for in the legislation. It accordingly requests the Government to take the necessary measures to ensure that a person found to be in breach of the provisions relating to the employment of children is prosecuted and that adequate penalties are imposed. It asks the Government to provide information on the types of violations detected by the labour inspectors, the number of persons prosecuted and the penalties imposed.

Part V of the report form. Practical application of the Convention. The Committee notes that a rapid assessment survey on child labour and its worst forms was completed and published in December 2006 by the Centre for Strategic Studies of the University of Jordan, in collaboration with ILO–IPEC. The survey was undertaken in various governorates and included selected areas of Amman, Zarqa, Balqa, Irbid, Madaba and Aqaba. A total of 387 children between the ages of 9 and 17 were interviewed. The Committee notes that, according to the study, the average age of working children is 15 years. The study also reveals that the total number of working children (10 to 17 years) is estimated to be nearly 18,400, which is 1.5 per cent of the labour force in Jordan. Most of the working children are aged between 12 and 17 years, 78 per cent of them being boys and 22 per cent girls. Furthermore, it was found that 55 per cent of the children are employed in carpentry, blacksmith and painting occupations, while 31.6 per cent are employed in activities such as construction, bus driving, tailoring and in barber shops. The Committee also notes the detailed information provided in the rapid assessment survey with regard to the conditions in which children work, as well as working hours, tasks and occupational hazards or abuses faced by them. Thus, the survey reveals that the working hours appear to be very long: on average, 90 per cent of the working children work eight to 12 hours a day, with nearly 60 per cent working more than ten hours daily. The Committee observes that child workers must often carry heavy objects, lie on the ground in unhealthy positions and can be exposed to dangerous chemicals or heavy shaking or noise. Finally, the Committee notes that, according to the March 2007 Technical Progress Report on the ILO–IPEC National Programme to Eliminate Child Labour in Jordan, a national survey on child labour is currently being prepared in cooperation with the Jordanian Department of Statistics and SIMPOC, which will provide more extensive and reliable information on the phenomenon. The Committee expresses its concern at the situation of children working in Jordan and urges the Government to redouble its efforts to improve the situation. Furthermore, it requests the Government to supply information on any progress made with regard to the national survey on child labour and to supply a copy of it once finalized. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of minors by age group, and information on the number and nature of contraventions reported.