The amended Labor Law No. (10) of 2023 issued in the Official Gazette, Sunday April 16th, addressed major issues like sexual harassment and companies outsourcing labor.
Instead of providing licenses to establish offices for employing Jordanians, now the Ministry of Labor may contract any outsourcing company or third-party to employ Jordanians.
The Ministry of Labor may also give licenses to any company that uses Jordanian Labor to hire workers through outsourcing or third-party companies regardless of whether these outsourcing companies operates inside Jordan or abroad.
Jordanian Labor Watch had confirmed earlier that the amendment to the Article would deteriorate working conditions as there are already several large companies that depend on these outsourcing companies to obtain labor and reduce their expenses – often referred to as “business development” or “support companies.”
However, these companies deprive workers of social protections, incentives, additional benefits, and wages which are needed to secure a stable livelihood.
Article (29) of the original law was also amended by including the phrase “or sexual harassment” after the phrase “sexual assault” in clause 6.
The law now reads: “If the minister finds that an employer or representative of him has committed an assault against a worker, including beating or practicing any form of sexual assault or sexual harassment, the employer or the director of the establishment shall be punished with a fine of no less than two thousand dinars and no more than five thousand dinars.”
Before, the law said that the ministry can only close the institution for a period they see fit rather than a fine.
A new paragraph was also added to the same article including a clear definition of sexual harassment, which states: “Any practice of physical or verbal behavior of a sexual nature or threats associated with it, that affects the dignity of the worker and considered humiliating or leads to physical, psychological or sexual harm”.
Jordan Labor Watch praised this amendment, however it stressed that it solved only part of the harassment in the work environment because it was limited only to the employer or his representative, whereas sexual harassment could also occur from colleagues or visitors.
The amendments also included the amendment of paragraph (a) of Article (46) of the original law by adding the phrase “and overtime allowance“ after the phrase “the wage is paid“, The final law states: “The wage and overtime allowance shall be paid within a period not exceeding seven days from the date it is due and the employer may not deduct any part of it except in cases permitted by law.”
The restrictions that existed in Article (69), which prohibited women from working in some economic activities and during evening hours, were removed and the law now bans any discrimination on the basis of gender between workers that would affect equal opportunities.
The amendments to Article (69) also allowed the Minister to issue the necessary instructions to protect pregnant and breastfeeding women, people with disabilities, and people who work nightshifts to create a safe work environment.
While the Jordan Labor Watch welcomed this amendment, it also demands additional protections for both women and men who work in strenuous professions and with difficult work hours.