Jordan
The ITUC affiliate in Jordan is the General Federation of Jordanian Trade Unions (GFJTU).
Jordan ratified Convention No. 98 on the Right to Organise and Collective Bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
in 1968 but has not ratified Convention No. 87 on the Right to Organise and Collective Bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is recognised by law but strictly regulated.
Anti-Union discrimination
The law does not specifically protect workers from anti-union discrimination.
Barriers to the establishment of organisations
- Prior authorisation or approval by authorities required for the establishment of a union
- Trade unions must obtain Ministry of Labour approval to become officially registered.
- Excessive representativity or minimum number of members required for the establishment of a union
- Trade unions can be established by a minimum of fifty founding members working in the same trade or engaged in similar or interdependent occupations within one field of production.
- Sanctions imposed for organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. or joining an organisation not officially recognised
- Article 119 of the Labour Code prescribes an imprisonment penalty of three months and/or a fine of not less than 500 dinars and not more than 1,000 dinars for any person who pursues trade union activities in the name of a dissolved union or its administrative board.
Restrictions on workers’ right to form and join organisations of their own choosing
- Single trade union system imposed by law and/or a system banning or limiting organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
- Unions must belong to the General Federation of Jordanian Trade Unions (GFJTU), the only trade union federation. The government subsidises the GFJTU staff’s wages and some of its activities. New trade unions must be directly linked to 17 professions and sectors in which unions already exist, effectively making trade union pluralism impossible. New section 98 of the Labour Code (as amended in 2019) still gives discretionary power to the Labour Minister to classify industries and economic activities in which trade unions may be established “so that no industry or economic activity shall have more than one trade union.”
Restrictions on trade unions’ right to organise their administration
- Restrictions on the right to freely draw up their constitutions and rules
- The Regulation of Organising the Affairs of the General Federation of Trade Unions and the Vocational Associations (1998) lays out detailed rules for the operation of the General Federation of Trade Unions. Section 98(e) of the Labour Code provides that the first condition for founding a workers’ organization is to be Jordanian.
- Restrictions on the right to elect representatives and self-administer in full freedom
- Foreign workers cannot become founding members and leaders of trade unions and employers’ organizations (article 98(e) of the Labour Code).
- Restrictions on the right to freely organise activities and formulate programmes
- The Labour Code imposes strict rules on the use of union funds, specifying that union assets cannot be "disbursed except for justified purposes related to the interest of the association" (which includes salaries; costs for management; fees of the judicial lawsuits; costs of any labour dispute; monetary aids paid to the association members or their family members because of death, old age, sickness, unemployment, or accidents that occur to them; costs of the educational and social services provided by the association to the members _ article 109). In addition, article 6 of the Regulation of Organising the Affairs of the General Federation of Trade Unions and the Vocational Associations gives an exhaustive list of the financial resources of General Federation: A- The union affiliation fee for the Federation membership for the first time and the annual subscription fees from the member unions according to what the General Federation specifies. B- The revenue of investing the movable and immovable properties of the Federation, as well as the yields of the practiced activities. C- The unconditioned donations, contributions and gifts, provided that the Council of Ministries approves them if they were from a non-Jordanian source.
- Administrative authorities’ power to unilaterally dissolve, suspend or de-register trade union organisations
- Section 116 of Labour Code authorises the Minister of Labour to seek judicial dissolution of a trade union for any violation of the Labour Code, including sections that themselves violate the right to freedom of association and to bargain collectively. The 2019 amendments further give the government the right to appoint an interim administrative body to administer the union for up to six months, until new elections are held.
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Others categories
- Gardeners and cooks are not covered by the Labour Code.
- Other civil servants and public employees
- Civil servants are not covered by the Labour Code.
- Non-national or migrant workers
- Although the law was amended in 2010 to allow foreign workers to join unions, it does not permit them to form unions or to hold union office; thus, in sectors where migrants form the majority of the workforce, the establishment of trade unions and the exercise of the right to collective bargaining is very unlikely.
- Export processing zone export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. (EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. ) workers
- There is a mixture of free trade zones and qualified industrial zones in the country. Since 70% of the workers in these zones are foreigners and classified as "non-citizens", they are not allowed to form or join trade unions. They are, however, subject to the national labour law.
- Agricultural workers
- The exclusion of agricultural workers from the right to form and join unions has been a longstanding issue. The 2008 amendment of section 3 of the Labour Code removed the express exclusion of agricultural workers from the scope of application of the Code, however, the amended section 3(b) indicates that the rules governing the employment conditions of these workers will be determined by a regulation to be adopted at a later stage. Therefore there is still no clear guarantee of the right to freedom of association for agricultural workers.
- Domestic workers
- The exclusion of domestic workers from the right to form and join unions has been a longstanding issue. The 2008 amendment of section 3 of the Labour Code removed the express exclusion of domestic workers from the scope of application of the Code, however, the amended section 3(b) indicates that the rules governing the employment conditions of these workers will be determined by a regulation to be adopted at a later stage. Therefore there is still no clear guarantee of the right to freedom of association for domestic workers.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is not specifically protected in law, but neither is it explicitly prohibited.
Limitations or ban on collective bargaining in certain sectors
- Other civil servants and public employees
- Public and municipality employees cannot bargain collectively.
- Other categories
- Domestic servants, gardeners, cooks and the like, and agricultural workers are not granted the right to bargain collectively.
Right to strike
Right to strike
The right to strike is recognised by law but strictly regulated.
Barriers to lawful strike actions
- Previous authorisation or approval by authorities required to hold a lawful strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike - The right to strike is considerably limited, as government permission must be obtained beforehand.
- Excessively long prior notice / cooling-off period
- Workers cannot strike without giving notice to the employer at least fourteen days prior to the date specified for strike. This period is doubled if the action relates to any of the public interests services.
- Compulsory recourse to arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation , or to long and complex conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation and mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.
See arbitration, conciliation procedures prior to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike actions - The Ministry of Labour can impose cumbersome mediation or, if that fails, refer the case to a labour court consisting of a panel of Ministry-appointed judges. Alternatively, the dispute is transfered to the Council of Ministers and then to Parliament. Strikes are prohibited during mediation and arbitration periods.
In practice
On 10 August 2021, Jordan’s security services interrupted a Jordan Teachers’ Association (JTA) protest in Karate, southern Jordan. Thirty teachers were arrested, including the deputy head of JTS, Nasser Al-Nawasra, and council members Kifah Abu Farhan, Abdul Salam Al-Ayasra and Ghaleb Abu Qadis, as they headed to Al-Thaniya roundabout in Karak, where the sit-in protest would have been held. Eyewitnesses reported that the security forces intensified their presence in the area, closed all roads leading to it to prevent teachers from arriving, conducted identity checks on those present in area, and detained a number of teachers and took them to a nearby government building. These actions violate the right to freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
, peaceful assembly and labour rights that are guaranteed in relevant local laws.
This latest incident follows the events of 25 July 2020 when police raided JTA headquarters in Amman and 11 of its branches across the country and detained all of its council members before releasing them over a month later.
On 29 September 2021, the attorney general rejected the appeal filed by the JTA against its dissolution and the one-year imprisonment of all its 14 board members.
On 5 October 2021, on the occasion of World Teachers’ Day celebrations, the Jordanian security forces again arrested and detained 14 leading members of the JTA. Riot police were deployed to stop peacefully demonstrating teachers denouncing the crackdown on trade union rights. The 14 members are Ahmad Ali Ahmad Alzaboun, head of the JTA; Nasser Nawasra, vice president of the JTA; and the following members of the JTA Council: Ghaleb Mansour Abu Qudia; Nidal Awwad Al Hisa; Kifah Suleiman Abu Farhan; Feras Awad Shteiwi Al Sarhan; Basil Mahmoud Al Houroub; Sulaiman Farhan Jaber Al Hayyer; Ibrahim Shaker Khalaf Assaf; Adbassalam assan Moussa Ayasra; Mustapha Annabeh; Iyad Albustanji; Moatassem Abdelrahman Beshtawy; and Noureddin Yusuf.
On 26 October 2021, the offices of the Jordanian Federation of Independent Trade Unions (JFITU) were stormed by the security forces. The security forces were used to also prevent the congress of the JFITU from taking place on 23 October 2021, in spite of compliance with Covid regulations, by threatening the owners of the venues they contracted to host the congress.
On 13 December 2020, the Ministry of Education sent a letter to the director of education instructing him to proceed with the early retirement of 25 employees based on provisions of article 64/A of the social security law no. 1 of 2014 and article 173/b of the civil service law no. 9 of 2020. Workers should refer to the General Organisation for Social Security to settle their financial rights. Up to today, at least 65 teachers have been forced into early retirement.
At least 18 JTA teacher unionists were arrested in Irbid, Jordan, in February 2021.
In a positive development, the Amman Court of Appeal decided on 31 October 2021 to cancel the decision to dissolve the Teachers’ Syndicate Council and to reject the lawsuit filed for its dissolution because it did not have a legal basis and there was lack of evidence. However, the JTA board members are still not allowed to resume work. Also, the government reinstated a few teachers, but the majority are still without jobs.
In early 2019, several amendments were adopted by the Jordanian Parliament which further limit the right of trade unions to form and carry out their activities without interference. The legal framework in which unions in Jordan operate is already extremely restrictive and severely hinders the creation of an independent trade union movement.
Section 98 of the Labour Code gives discretionary power to the Labour Minister to classify industries and economic activities in which trade unions may be established “so that no industry or economic activity shall have more than one trade union”. As a result, since 1976, no new trade union has been allowed to form. The limitation of one union per sector serves to exclude independent unions from organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. workers in those recognised sectors. The government has repeatedly denied recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. to independent unions.
Newly amended section 100 provides that the General Federation of Trade Unions establish and deposit with the Registrar of Trade Unions the internal structure of trade unions, including the objectives for which the union is formed and the conditions and procedures to become a union member, to exclude a union member, to be candidate to a union office and to set up union committees. This section constitutes an undue interference in trade union affairs and gravely infringes the rights of trade union organisations to draw up their constitutions and rules and to elect their representatives in full freedom.
Finally, the amendments still provide that a union may be dissolved for any violation of the Labour Code, including articles that themselves violate the right to freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and to collectively bargain. Section 119 prescribes an imprisonment penalty of three months and/or a fine of not less than 500 dinars and not more than 1,000 dinars for any person who pursues trade union activities in the name of a dissolved union or its administrative board.
The legislative provisions concerning unions in Jordan are clearly contrary to ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
principles on the right to freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
.
In October 2014, around 150 workers employed with the Aqaba Container Terminals, which is run by APM Terminals, were dismissed for taking strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action. The strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
began on 13 October 2014 following a stalemate in negotiations over the renewal of the collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreement. Police interfered and stopped the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
by arresting the workers. Despite this crackdown, workers continued to insist on their demands. The industrial action
industrial action
Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer.
ended when the government guaranteed that the grievances of the workers would be addressed by the national labour court and the company waived penalties imposed on workers during the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.
In a joint press conference with the Ministers of Interior and Finance it was announced that the government was taking measures to restore working conditions at the Jordan Customs Department where some workers had instigated a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
demanding pay raises and transport allowances. The Minister of Finance considered the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
as “not justified” and called on the workers to return to work and to put an immediate end to the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. The Government has replaced the striking workers with police officers and is considering hiring retired workers as replacement.
Security forces prevented workers at the Justice Palace from entering the building where they had been demonstrating for 19 consecutive days calling for better work conditions and increased wages and bonuses. Specifically, workers asked for an inclusion in the bonus system, the restructuring of incentives regulations, the amendment of wages for third category employees and the amendment of the Social Security Fund regulations. The strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
had caused delays in court proceedings in Amman but also in other cities where workers joined the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, in particular in Irbid and Tafileh.
Teachers followed up their protests of March and April 2010 with a week-long strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in late March 2011 demanding that they be able to form a teachers’ professional association with mandatory membership. They demanded financial and administrative autonomy and the right of teachers who are members of the association to demand improved wages. Jordan’s Higher Council for the Interpretation of the Constitution ruled in favour of establishing the syndicate on 28 March, revoking a 1994 decision that considered such an organisation unconstitutional. The draft law to establish the teachers’ professional association was passed by the Lower House on 24 July and allows membership in the union for all teachers working for the education ministry, along with administrators, technicians and engineers.
In February, professors at Jordanian universities began to discuss establishing their own professional association - ’The Institutional Committee for a University Professors’ Professional Association’.
Data from October stated that Jordan had witnessed an unprecedented 607 labour-related protests and work stoppages over the first nine months of 2011. Strikes took place throughout the year despite restrictions on workers’ right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Electricity workers held several actions over wages, public sector workers including bus drivers threatened strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action, journalists protested over lay offs and wages as did workers from the United Nations Relief and Works Agency (UNRWA) and potash workers. HSBC staff also went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
over unannounced layoffs while public sector doctors demanded higher salaries and held various strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
actions during the year.
According to most recent statistics by the Ministry of Labour, 71% of the approximately 458,000 foreign workers employed in Jordan are Egyptian. There are repeated reports of ill treatment of Egyptian workers despite several efforts to protect their rights. A recent report stated that agricultural workers are brought to Jordan under circumstances resembling human trafficking with agricultural workers working long hours and denied weekly holidays.
An August report found around 10,000 cleaners, attendants and cafeteria staff in the public and private health sector subjected to conditions similar to forced labour and denied basic rights with most working involuntary overtime and receiving less than the minimum wage without annual leave or sick pay. In many instances social security insurance is not paid despite begin deducted from salaries.