Informe provisional - Informe núm. 403, Junio 2023

Caso núm. 3337 (Jordania) - Fecha de presentación de la queja:: 15-SEP-18 - Activo

Allegations: The complainants allege that the Labour Code restricts the right of workers to freely organize and bargain collectively. They further allege acts of anti-union discrimination, interference and retaliation by the Government against independent trade unions

1. 305. The Committee last examined this case (submitted in 2018) at its March 2022 meeting and on that occasion presented an interim report to the Governing Body [see 397th Report, approved by the Governing Body at its 344th Session (March 2022), paras 441–479.] 
2. 306. The International Trade Unions Confederation (ITUC) provided additional information on a communication dated 22 February 2023.
3. 307. The Government provided its observations in communications dated 14 February and 15 March 2023.
4. 308. Jordan has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

A. Previous examination of the case

1. 309. During its previous examination of the case, in March 2022, the Committee made the following recommendations [see 397th Report, para. 479]:
   • (a) The Committee reiterates its request to the Government to amend section 98(e) of the Labour Code so as to eliminate the restriction placed on the organizing rights of migrant workers and to keep it informed of all measures taken in this respect.
   • (b) The Committee reiterates its request to the Government to take the necessary measures, in consultation with the social partners, to ensure that foreign workers enjoy their freedom of association rights, including the right to be elected to trade union office. It requests the Government to keep it informed of the measures taken in this respect.
   • (c) The Committee expects that the Government will adopt without delay the necessary regulatory measures to ensure that agricultural workers can establish and join the organization of their own choosing. It further expects that the Government will take the necessary measures to ensure that domestic workers can freely establish or join the organization of their own choosing and not be restricted to joining an existing and registered trade union. The Committee requests the Government to provide information on the measures taken in this respect.
   • (d) The Committee urges the Government to take the necessary measures, in consultation with the social partners, to amend section 98(f) so as to ensure that minors who have reached the legal age for employment, whether as workers or trainees, are fully protected in their exercise of the freedom of association rights. It requests the Government to provide information on measures contemplated or adopted in this respect.
   • (e) The Committee requests the Government to take meaningful steps, including specific legal provisions, to ensure the right to organize and to bargain collectively in the public sector, including in the public service. It requests the Government to keep it informed of the developments in this regard.
   • (f) The Committee requests the Government to provide the expanded list of sectors in which workers have the right to organize, specifying the occupations and industries reclassified by decisions of the Ministry of Labour. It trusts that the new system will enable all workers to exercise their right to organize and to benefit from collective bargaining rights.
   • (g) In the absence of observation in this regard, the Committee is bound to request once again the Government to take the necessary measures, in consultation with the social partners, to amend the Labour Code so as to ensure that more than one trade union organization per sector or industry can be established if the workers so desire. It requests the Government to keep it informed of the developments in this regard.
   • (h) The Committee urges the Government to amend section 116 of the Labour Code in consultation with the social partners and to keep it informed of the measures taken in this regard.
   • (i) The Committee requests the Government to indicate whether it had engaged in consultation with the social partners in order to determine whether the new fines would represent a sufficiently dissuasive sanction against acts of interference. It requests the Government to keep it informed of the adoption of the amendment.
   • (j) In the absence of reply, the Committee urges the Government to provide detailed information on any investigation conducted into the alleged acts of discrimination against trade unionists.
   • (k) The Committee requests the Government to review the allegations of cancellation by the authorities of public meetings organized by independent trade unions with the competent authorities with a view to giving appropriate instructions in the event that they have interfered with the right to hold meetings and the freedom of assembly of the trade unions involved and to keep the Committee informed of the measures taken in this respect.
   • (l) The Committee urges the Government to take the necessary steps to ensure that the independent trade unions may be recognized without delay so that they may carry out their activities without interference.
   • (m) The Committee trusts that steps will be taken without further delay to amend the Code with special attention to the importance of ensuring the right of all workers to form and join the organization of their own choosing, and requests the Government to keep it informed in this respect.
   • (n) The Committee must express its firm expectation that the Government will take swift action in this case and will be able to report on meaningful progress, as this necessarily has an impact on the industrial relations and the exercise of freedom of association rights of all workers in the country.
   • (o) The Committee draws the legislative aspects of the case relating to Convention No. 98 to the attention of the Committee of Experts on the Application of Conventions and Recommendations.
   • (p) The Committee invites the Government to avail itself of the technical assistance of the Office in respect of the matters raised in this case.

B. Additional information from the complainant

1. 310. In a communication dated 22 February 2023, the ITUC informs that on 1 August 2022, the Ministry of Labour published Resolution No. (45/2022) which amended the list of 17 sectors that are entitled to organize and form unions. The Ministry added two new groups of workers, agricultural workers and domestic workers, to the existing listed sectors, the food industry sector and the service sector respectively. As such the list still only contains 17 sectors, which the Committee has repeatedly observed violates the right of all workers without distinction to form and join a union of their own choosing.
2. 311. Furthermore, according to the complainant, the law also still denies union pluralism by preventing the formation of more than one union in the same sector. Since there is already a union in the food industry sector and the service sector, agricultural workers and domestic workers have no practical right to form a union though they may now join an existing one. These 17 sectoral unions are also still required to affiliate with the official Jordanian Trade Union Confederation.
3. 312. The ITUC urges the Committee to issue conclusions directing the Government to: (i) comply with its obligations under international labour standards, in particular, to ensure the effective application of the principles of freedom of association and the right to organize; (ii) amend the labour laws to be fully compatible with relevant international labour standards; (iii) take the necessary measures to ensure that all agricultural workers including migrant workers are free to exercise their right to form or join a trade union of their choice; and (iv) ratify Convention No. 87 as a matter of urgency.

C. The Government’s reply

1. 313. In its communications dated 14 February and 15 March 2023, the Government provides the following information in reply to certain recommendations of the Committee and to the additional information provided by the ITUC.
2. 314. In relation to recommendation (a) regarding the restriction placed on the organizing rights of migrant workers and recommendation (b) on the granting of freedom of association rights, including the right to be elected to trade union office, to foreign workers, the Government recalls that the Jordanian Constitution limits the right to form syndicates to Jordanians only and refers to the law the method of forming associations, unions and political parties and monitoring their resources. Paragraph (f) of section 98 of the Labour Code No. (8) of 1996, as amended, allows Jordanian and non-Jordanian workers to join trade unions without any restriction. The labour law is therefore in line with the provisions of the Constitution by stipulating that the right to establish trade unions is limited to Jordanians only.
3. 315. In relation to recommendation (c) regarding regulatory measures to ensure that agricultural workers and domestic workers can establish and join organizations of their own choosing, the Government informs that the Regulation on agricultural workers (No. 5715 of 14 March 2021) refers to the Labour Code all aspects of labour relations that are not covered by the regulation, including the right of agricultural workers to freedom of association and collective bargaining. Consequently, the 2022 Decision of the Minister of Labour concerning the categories of industries and economic activities in which workers may establish unions, included agricultural workers in the professions that can join the union of food industries, which is henceforth called the General Union of Water, Agriculture and Food Industries Workers. The Government adds that the process for enabling agricultural workers to engage in trade union activity would commence in March 2023 after the issuance of the classification of the categories of industries and economic activities in which workers are allowed to establish unions. This process is conducted by the Afaq Jordan for Development and Training (a Jordanian Non-Governmental Organization) in collaboration with the International Labour Office in Jordan, and the General Trade Union for Workers in Water, Agriculture and Food Industries and the General Federation of Jordanian Trade Unions (GFJTU). The latter is holding workshops on basic aspects of union activity for workers in the agricultural sector in collaboration with the Friedrich-Ebert Foundation (FES). Regarding domestic workers, the Government indicates that section 3(b) of the Labour Code excludes them from the scope of the Code, and that their rights and obligations are set out in Regulation No. (90) of 2009, amended by Regulation No. (64) of 2020. Nevertheless, the 2022 Ministerial Decision has added domestic workers to the professional categories covered by the General Union of Workers in Public Services, Liberal Professions, Communications, and Information Technology, which enables them to join this union.
4. 316. Additionally, in reply to ITUC’s denunciation of the refusal by the authorities to register a trade union for agricultural workers, the Government asserts that the decision of the Registrar of Trade Unions and Employers’ Associations to refuse to register any new trade union with the same aims and purposes as an existing registered trade union is to avoid making the sector vulnerable to fragmentation and conflict of interest. This is in line with the objective sought by the legislator under section 98(d) of the Labour Code. In the view of the Government, the law does not go against the freedom to establish trade unions but regulates it in a way compatible with the Jordanian Constitution (article 16(ii)) or international Covenants, such as the International Covenant on Civil and Political Rights (article 22) and the International Covenant on Economic, Social and Cultural Rights (article 8(1)(a)), which stipulate that no restrictions may be placed upon the practice of forming trade unions other than those restrictions specified by law and which constitute necessary measures in a democratic society for maintaining national security, public safety or public order, protecting public health or public decency, or for protecting the rights of others and their freedoms. These Covenants are deemed international framework agreements, obligating States to amend their legislation to comply to them. Hence, the provision of section 98(d) of the Labour Code and the Governmental Decision issued in accordance with it do not infringe International Covenants or the Jordanian Constitution.
5. 317. In relation to the Committee’s request to amend section 98(f) of the Labour Code so as to ensure that minors who have reached the legal age for employment, whether as workers or trainees, are fully protected in their exercise of the freedom of association rights (recommendation (d)), the Government points out that the Civil Code provides that a person must have reached the age of legal majority, 18 years of age, in order to exercise his civil rights and perform acts with legal effect, such as the establishment and membership of trade unions and/or the participation in elections of executive board members. Accordingly, the requirement of the Labour Code, under section 98, that the founder or member of the union must have reached the age of 18 years, is a protection of the will of the worker restricted to the age of majority in order to take into account the legal actions issued in all matters related to his right to organize trade unions and collective bargaining. The Government adds that this is in line with the position of the Jordan Chamber of Commerce which was consulted on the affiliation of juveniles to trade unions.
6. 318. Regarding the need to take meaningful steps to ensure the right to organize and to bargain collectively in the public sector, including in the public service (recommendation (e)), the Government reiterates that articles 16(2) and 23(f) of the Constitution of Jordan guarantee the right to organize legal associations to Jordanian workers in both the public and the private sectors, within the limits of the law. Consequently, the Jordanian Civil Service Law (No. 9 of 2020) governing workers in the public sector does not prohibit any public sector worker in certain professions from joining professional unions such as the Medical Association, the Engineers’ Association, the Teachers’ Association, the Dental Association, the Pharmacists’ Association and the Agricultural Engineers’ Association. Each professional association is formed and functions according to its own statutes. Additionally, according to the Interpretative Decision (No. 6 of 2013) of the High Council for the Interpretation of the Constitution, public employees in any ministry, department, body or government institution may establish a union for the defence of their interests, provided that these professional unions are established pursuant to the provisions of special laws. Therefore, public sector employees are denied the right to establish trade unions, as these are established pursuant to the Labour Code which excludes public sector employees from its scope.
7. 319. In relation to the Committee’s request for the expanded list of sectors in which workers have the right to organize (recommendation (f)), the Government provides the 2022 Decision of the Ministry of Labour on the classification of industries and economic activities in which workers may establish unions.
8. 320. Regarding the Committee’s call to amend section 116 of the Labour Code (recommendation (h)), the Government asserts that the purpose of this provision is to address disputes that may occur within trade unions, a number of which have led to damages to the public interest and the interests of their members. The Government indicates that section 116 of the Labour Code, as amended, confers the power to the Minister to dissolve an administrative body of a trade union, or an employer’s organization, if it violates provisions of the Code, regulations issued pursuant to it or if the by-laws of the organization are in violation of the legislation in force. The Minister’s decision is subject to appeal before court. Furthermore, pursuant to the same provision, in consultation with the General Federation of Jordanian Trade Unions (GFJTU), the Minister appoints an interim administrative body from the General Assembly to administer the union and to hold elections of a new administrative body within a defined period of time.
9. 321. In relation to recommendation (i) on the determination of new fines which would represent a sufficiently dissuasive sanction against acts of interference, the Government indicates that the bill amending the Labour Code is presently before the House of Representatives and that in the amended section 139, the highest fines imposed on employers in case of breach of labour law have increased from 100 Jordanian dinars (US$140) to 1,000 Jordanian dinars (US$1,400).
10. 322. The Government asserts that no case of discrimination against trade unionists has been recorded in its reply to the Committee’s call for information on any investigation conducted into alleged acts of discrimination against trade unionists (recommendation (j)).
11. 323. In reply to the Committee’s request to review the allegations of cancellation by the authorities of public meetings organized by independent trade unions with the competent authorities (recommendation (k)), the Government recalls that the Public Meetings Act (No. 6 of 2004) regulates the mechanism for holding meetings, including the requirement to notify the authorities in advance, and reiterates that independent unions or the JFITU are entities that have not complied with the procedures set out in the Labour Code for their establishment and operation. Therefore, their legal existence cannot be recognized and they do not represent workers and cannot defend their interests.
12. 324. With regard to the recognition of independent trade unions (recommendation (l)), the Government recalls that the establishment, registration, functioning and dissolution of trade unions and employers’ organizations are regulated by the Labour Code while independent unions and the JFITU have not complied with the procedures therein. Therefore, their legal existence cannot be recognized and they do not represent workers and cannot defend their interests. This situation prompted the Ministry of Labour, in order to protect the rights of workers joining these independent unions, to send an official note to all ministries and State-owned companies informing them that the entity known as the JFITU is not a recognized union, with a view to strengthening the rule of law, identifying the authorities with which they can deal officially and enabling them to distinguish in their dealings with unions between those that are legally registered and those that are not.
13. 325. Finally, the Government indicates that it does not object to the technical assistance of the Office if agreed with the Ministry of Labour.

D. The Committee’s conclusions

1. 326. The Committee recalls that in this case, the Jordanian Federation of Independent Trade Unions (JFITU) alleges that the Labour Code restricts the right of workers to freely organize and bargain collectively. The JFITU has further alleged acts of anti-union discrimination, interference and retaliation by the Government against independent trade unions in practice.
2. 327. The Committee takes note of the observations provided by the Government in relation to its previous requests to undertake legislative changes. The Committee recalls its previous recommendation whereby it drew the legislative aspects of the case relating to Convention No. 98 to the attention of the Committee of Experts on the Application of Conventions and Recommendations (CEACR). In this regard, the Committee refers to the comments of the CEACR made at its November–December 2022 session on the application of Convention No. 98 on these various legislative aspects and notes that in its comments, the CEACR urged the Government to take steps in relation to the effective recognition of organizing and collective bargaining rights of foreign workers, agricultural and domestic workers, minor workers, public sector workers not engaged in the administration of the State, as well as the determination of fines which would represent a sufficiently dissuasive sanction against acts of interference.
3. 328. In relation to its recommendation on the determination of sufficiently dissuasive sanction against acts of interference, the Committee notes the Government’s indication that the bill amending the Labour Code before the House of representatives provides for an increase of the highest fines imposed on employers in case of breach of labour law. The Committee requests the Government to indicate whether the determination of these fines was made in consultation with the social partners.
4. 329. The Committee recalls its previous recommendation regarding the restriction placed on the organizing rights of migrant workers and on the granting of freedom of association rights, including the right to be elected to trade union office, to foreign workers, and notes the Government’s indication that while section 98(f) of the Labour Code allows Jordanian and non-Jordanian workers to join trade unions without any restriction, the right to establish trade unions is limited to Jordanians only. The Committee observes that no measure has been taken to amend the law as requested and recalls once again that the right of workers, without distinction whatsoever, to establish and join organizations of their own choosing, without previous authorization, implies that anyone legally residing in the country benefits from trade union rights, including the right to vote, without any distinction based on nationality. The Committee further recalls that legislation should be made flexible so as to permit the organizations to elect their leaders freely and without hindrance, and to permit foreign workers access to trade union posts, at least after a reasonable period of residence in the host country [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paras 322 and 623]. The Committee is therefore bound to reiterate its request to the Government to amend section 98(e) of the Labour Code so as to eliminate the restriction placed on the organizing rights of migrant workers and to ensure that foreign workers may be elected to trade union office at least after a reasonable residence period and to keep it informed of all measures taken in this respect.
5. 330. The Committee refers to its previous request that the Government take measures to ensure that agricultural and domestic workers can establish and join organizations of their own choosing, and notes the information provided by the ITUC that, under Decision (No.2022/45) of the Ministry of Labour, both categories of workers were added to the list of 17 sectors that are entitled to organize and form trade unions. The ITUC however regrets that the law still denies union pluralism by preventing the formation of more than one union in the same sector, and since there is already designated unions in the food industry sector and the service sector, agricultural workers and domestic workers have no practical right to form a union although they may now join the existing ones.
6. 331. The Committee further notes the Government’s indication that the Regulation on agricultural workers (No. 5715 of 14 March 2021) refers to the Labour Code all aspects of labour relations that are not covered by the regulation, including the right of agricultural workers to freedom of association and collective bargaining. Accordingly, the 2022 Decision of the Minister of Labour concerning the categories of industries and economic activities in which workers may establish unions included agricultural workers in the professions that can join the General Union of Water, Agriculture and Food Industries Workers. Furthermore, the Committee notes the Government’s indication that the rights and obligations of domestic workers are set out in Regulation No. (90) of 2009, amended by Regulation No. (64) of 2020, and that the Ministry of Labour has added domestic workers to the professional categories that can join the General Union of Workers in Public Services, Liberal Professions, Communications, and Information Technology.
7. 332. While it duly notes the Ministerial Decision (No. 2022/45) enabling agricultural and domestic workers to join designated sectoral trade unions is a step towards their capacity to exercise their freedom of association and collective bargaining rights, the Committee remains concerned that the current system still impedes these workers from forming or joining the organization of their own choosing. Therefore, the Committee calls on the Government to ensure that agricultural workers and domestic workers can form organizations of their own choosing outside the designated unions. In this regard, the Committee refers to its conclusions below concerning the possibility of trade union pluralism.
8. 333. The Committee recalls its previous request to the Government to amend section 98(f) of the Labour Code so as to ensure that minors who have reached the legal age for employment can fully exercise their freedom of association rights. The Committee notes that the Government merely reiterates that the national legislation provides that a person must have reached the age of legal majority, 18 years of age, in order to perform acts with legal effect, such as the establishment and membership of trade unions and/or the participation in elections of executive board members. According to the Government, the requirement of the Labour Code under section 98 that the founder or member of a trade union must have reached the age of 18 years is a protective measure concerning the age of majority and the capacity to exercise civil rights. The Government adds that the Jordan Chamber of Commerce which was consulted on the affiliation and establishment of juveniles to trade unions is in agreement with the current age limit. While noting the clarification provided by the Government, the Committee recalls its previous observation that section 73 of the Labour Code prohibits the employment of minors under 16 years of age, as well as its consistent position that minor workers who have reached the legal age of employment should be able to form and join organizations of their own choosing. The Committee requests once again the Government to take without delay the necessary measures, in consultation with all social partners concerned, to amend section 98(f) of the Labour Code so as to ensure that minors who are working or trainees as from the age of 16 years (the legal age for employment) are fully protected in their exercise of trade union rights. It requests the Government to provide information on measures contemplated or adopted in this respect.
9. 334. In relation to its previous request regarding the right to organize and to bargain collectively in the public sector, including in the public service, the Committee notes that the Government merely reiterates that articles 16(2) and 23(f) of the Constitution of Jordan guarantee the right to organize legal associations to Jordanian workers in both the public and the private sectors, within the limits of the law, and that public servants are excluded from the provisions of the Labour Code and are subject to the provisions of the civil services administration system. Moreover, according to the Government, the Jordanian Civil Service Statute (No. 9 of 2020) governing workers in the public sector does not prohibit any public sector worker from joining professional unions, such as the Medical Association, the Engineers’ Association, the Teachers’ Union, the Dental Association, the Pharmacists’ Association and the Agricultural Engineers’ Association, which are formed and function according to their respective statutes. The Committee had previously observed that these professional unions participate in the Public Service Council as well as committees established for the purpose of amending the Public Service Regulations, thus ensuring their participation in the adoption of public policies, plans and programmes for human resources management in the public sector and in the development of public service legislation and regulations. The Committee also notes the Government’s indication that, according to the Interpretative Decision (No. 6 of 2013) of the High Council for the Interpretation of the Constitution, public employees in any ministry, department, body or government institution may establish a union for the defence of their interests, provided that these professional unions are established pursuant to the provisions of special laws. The Committee understands, from the information of the Government provided to the CEACR, that these special laws can be enacted by the constitutionally competent authorities, namely the Council of Ministers and the King.
10. 335. The Committee takes note of the information and observes that no meaningful measure has been taken by the Government. It is bound to recall that public servants, like all other workers, without distinction whatsoever, have the right to establish and join organizations of their own choosing, without previous authorization, for the promotion and defence of their occupational interests [see Compilation, para. 336]. Therefore, the Committee urges the Government to take meaningful steps, including specific legal provisions, to ensure the right to organize and to bargain collectively in the public sector, including in the public service. In the meantime, the Committee requests the Government to provide copy of any special law enabling public employees in a ministry, department, body or government institution to establish a union for the defence of their interests.
11. 336. The Committee recalls its previous conclusions and recommendations in relation to its request to the Government to amend section 116 of the Labour Code which confers the power to the Minister to dissolve an administrative body of a trade union (or an employer’s organization) if it violates provisions of the Code, regulations issued pursuant to it or if the by-laws of the organization are in violation of the legislation in force. The Committee notes the Government’s assertion that the purpose of this provision is to address disputes that may occur within trade unions, a number of which have led to damages to the public interest and the interests of their members. The Government also reiterates that section 116 of the Labour Code confers the power to the Minister to dissolve an administrative body of a trade union, or an employer’s organization, if it violates provisions of the Code, regulations issued pursuant to it or if the by-laws of the organization are in violation of the legislation in force. The Minister’s decision is subject to appeal before court. Furthermore, pursuant to the same provision, in consultation with the General Federation of Jordanian Trade Unions (GFJTU), the Minister appoints an interim administrative body from the General Assembly to administer the union and to hold elections of a new administrative body within a defined period of time.
12. 337. While taking due note of this information, the Committee is bound to recall once again that the removal by the Government of trade union leaders from office is a serious infringement of the free exercise of trade union rights [see Compilation, para. 654]. The Committee must also reiterate its view that the power of the Minister to remove a freely elected administrative body of an organization on the basis of such a broad criteria as “any violation of the legislation” constitutes a serious interference in trade union activities, including the right of trade unions to elect their own representatives and organize their administration, even if it can be appealed to the Administrative Court, as the latter bases its decisions on the legislation in force setting out the same broad criteria. Furthermore, the Committee recalls that, in its view, the nomination by the authorities of members of executive committees of trade unions constitutes direct interference in the internal affairs of trade unions. Therefore, the Committee once again urges the Government to amend without delay section 116 of the Labour Code in consultation with the social partners and to keep it informed of the measures taken in this regard.
13. 338. The Committee recalls its previous call for investigation into allegations of the following acts of anti-union discrimination, interference and retaliation against independent trade unions: (i) dismissal (Mr Khaled Hasan Ali, worker at the water company); (ii) suspension (Mr Tayel Al Khamayseh, ex-President of the Independent Union of Phosphate Mine Workers); (iii) pressure to resign from the job (President and Secretary of the Chemical Industries’ Independent Union and Mr Khalil Butros Wahhab, Vice-president of the Independent Trade Union of Civil Aviation Workers); (iv) deferral of promotion and withholding of wages (Mr Jalal El Harasees, President of the Independent Union of Jordan Electricity Workers), transfer (Mr Mahmoud Shihada Al-Khateeb, President of the Independent Trade Union of Workers at the Jordan Water Company Miyahuna); and (v) threats against company workers wishing to join the independent trade union and exerting pressure to sign pledges not to engage in trade union activities (President of the Independent Trade Union in the Pharmaceutical Industries and its board members, as well as at the water company). The Committee notes with deep concern that the Government merely indicates that no case of discrimination against trade unionists has been recorded. Observing that the lack of recognition of any cases of discrimination may be linked to the non-recognition of the independent unions addressed below, the Committee is bound to urge once again the Government to take swift measures to investigate the above allegations and to provide without delay information on their outcome, including on the status of the union leaders mentioned.
14. 339. The Committee recalls that it had previously urged the Government to: (i) review the allegations of cancellation by the authorities of public meetings organized by independent trade unions with the competent authorities with a view to giving appropriate instructions in the event that they have interfered with the right to hold meetings and the freedom of assembly of the trade unions involved, and to keep the Committee informed of the measures taken in this respect; and (ii) take the necessary steps to ensure that the independent trade unions may be recognized without delay so that they may carry out their activities without interference. The Committee notes with concern that the Government merely reiterates its previous statement that independent unions or the JFITU are entities that have not complied with the procedures set out in the Labour Code for their establishment and operation. Therefore, their legal existence cannot be recognized and they do not represent workers and cannot defend their interests. This situation prompted the Ministry of Labour, in order to protect the rights of workers joining these independent unions, to send an official note to all ministries and State-owned companies informing them that the entity known as the JFITU is not a recognized union.
15. 340. The Committee notes more generally the Government’s indication 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. This is in line with the objective of section 98(d) of the Labour Code. In the view of the Government, the law does not go against the freedom to establish trade unions but regulates it in a way that is compatible with the provisions of the Jordanian Constitution and the United Nations Covenants on civil and political rights and economic, social and cultural rights. The Committee wishes to recall in this regard that when a State decides to become a Member of the International Labour Organization, it accepts the fundamental principles embodied in the Constitution and the Declaration of Philadelphia, including the principles of freedom of association [see Compilation, para. 44].
16. 341. The Committee recalls from its previous examination of this case that the union monopoly situation imposed by the law has led to the non-recognition of independent unions by the Government, and while it duly notes that following the amendment introduced to the Labour Code in 2019 (Act No. 14 of 2019) to promote by Ministerial decision the expansion of occupations for which trade unions may be established, thereby allowing new categories of workers to exercise their freedom of association and collective bargaining rights – that is, most recently agricultural and domestic workers, the fact remains that these categories of workers are required to join a designated sectoral union, thereby limiting their ability to form and join unions of their own choosing, including independent trade unions. The Committee is bound to recall its previous conclusions that the principle of trade union pluralism is grounded in the right of workers to come together and form organizations of their own choosing, independently and with structures which permit their members to elect their own officers, draw up and adopt their by-laws, organize their administration and activities and formulate their programmes without interference from the public authorities and in the defence of workers interests. It also recalls that while it is generally to the advantage of workers and employers to avoid the proliferation of competing organizations, a monopoly situation imposed by law is at variance with the principle of free choice of workers’ and employers’ organizations [see Compilation, para. 483 and 486].
17. 342. Therefore, the Committee must reiterate its long-standing request for measures to amend the Labour Code so as to ensure that more than one trade union organization per sector or industry can be established, if the workers so desire, and it urges once again the Government to take the necessary steps to ensure that the independent trade unions may be recognized without delay so that they may carry out their activities without interference. Similarly, the Committee further requests for measures to amend the Labour Code to ensure that workers in all sectors of the economy can exercise their right to organize and freely bargain collectively through the organization of their choosing.
18. 343. In conclusion, while the Committee notes some useful information on the actions taken by the Government in relation to its previous requests for legislative changes, it must again express its concern over the absence of tangible developments concerning the majority of the issues under examination in this case. The Committee must express its firm expectation that the Government will take swift action in relation to these recommendations it is bound to repeat. The Committee expects the Government to report on meaningful progress, as this necessarily has an impact on the industrial relations and the exercise of freedom of association rights of all workers in the country.
19. 344. While taking note of the statement that the Government is benefitting from the collaboration of the ILO Office in Jordan in the process of enabling agricultural workers to engage in trade union activity, the Committee invites the Government to continue to avail itself of the technical assistance of the Office in respect of the remaining matters raised in this case.

The Committee’s recommendations

1. 345. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee reiterates its request to the Government to amend section 98(e) of the Labour Code so as to eliminate the restriction placed on the organizing rights of migrant workers and to ensure that foreign workers may be elected to trade union office, at least after a reasonable residence period. It requests the Government to keep it informed of all measures taken in this respect.
   • (b) The Committee requests once again the Government to take without delay the necessary measures, in consultation with all social partners concerned, to amend section 98(f) of the Labour Code so as to ensure that minors who have reached the legal age for employment, whether as workers or trainees, are fully protected in their exercise of the freedom of association rights. It requests the Government to provide information on measures contemplated or adopted in this respect.
   • (c) The Committee urges the Government to take meaningful steps, including specific legal provisions, to ensure the right to organize and to bargain collectively in the public sector, including in the public service. In the meantime, the Committee requests the Government to provide a copy of any special law enabling public employees in a ministry, department, body or government institution to establish a union for the defence of their interests.
   • (d) The Committee once again urges the Government to amend without delay Section 116 of the Labour Code (conferring to the Ministry of Labour the power to dissolve and replace the administrative body of a representative organization) in consultation with the social partners and to keep it informed of the measures taken in this regard.
   • (e) The Committee is bound to urge once again the Government to take swift measures to investigate the alleged acts of discrimination against trade unionists and to provide without delay information on their outcome, including on the status of the union leaders mentioned.
   • (f) The Committee must reiterate its long-standing request for measures to amend the Labour Code so as to ensure that more than one trade union organization per sector or industry can be established, if the workers so desire. Similarly, the Committee further requests for measures to amend the Labour Code to ensure that workers in all sectors of the economy can exercise their right to organize and freely bargain collectively through the organization of their choosing. It urges once again the Government to take the necessary steps to ensure that the independent trade unions may be recognized without delay so that they may carry out their activities without interference.
   • (g) The Committee requests the Government to indicate whether the determination of the new fines imposed on employers in case of breach of labour law included in the bill amending the Labour Code was made in consultation with the social partners.
   • (h) The Committee must express its firm expectation that the Government will take swift action in relation to the recommendations it is bound to repeat. The Committee expects the Government to report on meaningful progress, as this necessarily has an impact on the industrial relations and the exercise of freedom of association rights of all workers in the country.
   • (i) The Committee invites the Government to continue to avail itself of the technical assistance of the Office in respect of the remaining matters raised in this case.