Jordan Labor Watch - The Jordan Labor Watch issued a statement calling for the amendment of several articles in the Labor Law, which is set to be discussed by the Lower House Labor Committee, to enable workers to enjoy their economic and social rights, as well as to guarantee the stability and sustainable growth of the Jordanian economy.
The Jordan Labor Watch is calling for revisiting the national labor legislation to make it comply more with the Jordanian Constitution and the relevant International Labor Organization (ILO) conventions which are legally binding on the country after having been ratified in due course. One of the prominent amendments being proposed by JLW concerns labor dispute in article No. (2) in the temporary law, which saw the removal of "group of workers" phrase, which provides that "any dispute arising between a group of workers or a union on one hand and between an employer or a trade union on the other, with regard to the application or interpretation of a collective labor contract or relating to the conditions and conditions of work", the Labor Watch asserts that the text must remain the same to be consistent with the definition of "collective labor contract" in the same article, it also provides the possibility of providing protection to workers and their representatives who have disagreements about working conditions with employers and do not have a trade union, because the vast majority of workers in Jordan are denied the right to form trade unions.
Concerning the compensation for arbitrary dismissal, the Jordan Labor Watch suggested that the financial compensation shall cover one month per each of the years in which the worker has been employed by the company, in addition to a minimum wage of four months and other benefits stipulated on articles 32 and 33 of the Labor Law.
The Labor Watch also recommended the amendment of Article 31 on the restructuring procedures of business establishments, stressing that the Ministry of Labor shall approve any action aimed at the dismissal of employees before its execution and add a phrase provides (shall be compensated in accordance with the provisions of Article 25 of the Law). The Labor Watch also suggested the amendment Article 44 (a) concerning collective bargaining between employers and workers and / or their representatives on any matters related to the improvement of working conditions, and productivity, Such negotiation shall be at the request of the employer or the workers and / or their representatives within a period not exceeding 21 days from the date of the written notification by the party wishing to negotiate with the other party. The Labor Watch stressed that limiting the negotiation to trade unions only; deprive the majority of workers in Jordan of collective bargaining aimed at improving the conditions of their work, because the majority of workers do not have trade union representation.
Regarding article 52, concerning the determination of the minimum wage by the Tripartite Commission, the Labor Watch proposed adding a paragraph under which the obligation to raise the minimum wage should be reviewed annually on the basis of inflationary indicators as determined by the Department of Statistics. The Labor Watch pointed out that Article 58 caused exploitation of thousands of employees as it stipulates that: “The provisions of articles pertaining to the working hours provided for in this law shall not be valid towards the persons who assume the functions of general supervision or ad-ministration in any establishment and who work in some cases outside the Establishment or whose jobs require travelling or mobility within the Kingdom or abroad. ” The Labor Watch stressed that this article force some workers to work more than 48 hours a week, this falls within the so-called "forced labor" without receiving the overtime allowance. The Labor Watch suggested linking the non-payment of the overtime allowance to senior management positions and directors of departments in the institution, and to large enterprises with 100 or more workers, and canceling workers whose work requires the mobility from this article.
Regarding the provision of daycare for the children of female employees, the Labor Watch stressed its need to adopt the model developed by the NGO SADAQA, which builds on the provisions of Article 72 of the Labor Law to require companies with over 20 female employees to provide daycare for their children under the age of 5, employers may participate in the creation of this place in a single geographical area. The Minister of Labor shall issue the necessary instructions to implement this. If there are less than 15 children, the employer shall provide solutions for workers within the instructions issued by the Minister of Labor.
in regard to the constitution of trade unions, the Labor Watch called for modifications in Article 98 aimed at the abolition of the powers of the Lower House Labour, Social Development and Population committees mentioned in paragraph (d.1) to determine the professions and sectors in which the unions are to be established, stressing that the article’s text violates the freedom of association, as the current law contradicts the international labor standards contained in the Human Rights Bill and the relevant international conventions, which was ratified by Jordan 12 years ago.
The article also contradicts the provisions and spirit of the Jordanian constitution. Article 16 (2) of the Jordanian Constitution recognizes the right to form associations and unions as follows “Jordanians are entitled to establish societies and political parties provided that the objects of such societies and parties are lawful, their methods peaceful, and their bye-laws not inconsistent with the provisions of this Constitution”. Article 16 (3) stipulates “The establishment of societies and political parties and control of their resources shall be regulated by law”. Also article 23( 2) stipulates The State shall protect labour and enact legislation to this effect based on the following principles: (f) Free Trade unions shall be formed within the limits of law.
The Labor Watch also stressed the need to amend Article (100) which gives of the General Federation of Trade Unions the right to set unified bylaws for its member trade unions, as this contradicts the principles of freedom of association, the independence of trade union activity and the right of public trade unions to develop and amend their internal regulations. Pointing that taking the opinion of the Min istry of Labor when establishing the system, affects the essence of the freedom and independence of union work. Article 102 concerning the registration of trade unions should be amended according to the Labor Watch, as the role of the Ministry of Labor should be limited to registration of unions and not to grant approval of their establishment (as long as the regulatory registration conditions were met), because the granting of approval contradicted the principles of freedom of trade union organization.