Identifier
Created
Classification
Origin
09AMMAN1424
2009-06-25 13:02:00
CONFIDENTIAL
Embassy Amman
Cable title:  

JORDAN: LABOR LAW AMENDMENTS NOT INCLUDED ON

Tags:  PHUM PGOV ELAB KTIP JO 
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R 251302Z JUN 09
FM AMEMBASSY AMMAN
TO RUEHC/SECSTATE WASHDC 5362
INFO RUEHGB/AMEMBASSY BAGHDAD 6262
RUEHLB/AMEMBASSY BEIRUT 3063
RUEHEG/AMEMBASSY CAIRO 4051
RUEHLM/AMEMBASSY COLOMBO 0221
RUEHDM/AMEMBASSY DAMASCUS 4191

RUEHKA/AMEMBASSY DHAKA 0196
RUEHHI/AMEMBASSY HANOI 0064
RUEHJA/AMEMBASSY JAKARTA 0147
RUEHML/AMEMBASSY MANILA 0154
RUEHNE/AMEMBASSY NEW DELHI 0330
RUEHRH/AMEMBASSY RIYADH 2172
RUEHTV/AMEMBASSY TEL AVIV 1772
RUEHC/DEPT OF LABOR WASHDC
C O N F I D E N T I A L AMMAN 001424 

SIPDIS

STATE FOR USTR

E.O. 12958: DECL: 06/24/2019
TAGS: PHUM PGOV ELAB KTIP JO
SUBJECT: JORDAN: LABOR LAW AMENDMENTS NOT INCLUDED ON
EXTRAORDINARY SESSION AGENDA

REF: A. AMMAN 1339

B. AMMAN 1007

C. AMMAN 706

D. AMMAN 378

E. AMMAN 230

F. 08 AMMAN 2206

G. 08 AMMAN 2171

Classified By: Ambassador R. Stephen Beecroft for reasons 1.4 (b) and (
d).

C O N F I D E N T I A L AMMAN 001424

SIPDIS

STATE FOR USTR

E.O. 12958: DECL: 06/24/2019
TAGS: PHUM PGOV ELAB KTIP JO
SUBJECT: JORDAN: LABOR LAW AMENDMENTS NOT INCLUDED ON
EXTRAORDINARY SESSION AGENDA

REF: A. AMMAN 1339

B. AMMAN 1007

C. AMMAN 706

D. AMMAN 378

E. AMMAN 230

F. 08 AMMAN 2206

G. 08 AMMAN 2171

Classified By: Ambassador R. Stephen Beecroft for reasons 1.4 (b) and (
d).


1. (C) Summary: Amendments to Jordan's labor law to give
foreign workers the ability to more freely join unions and
bring the law in line with international standards were
unexpectedly left off of parliament's extraordinary session
agenda. The cabinet had already approved the amendment
package and high-level officials stated it would be "at the
top" of the agenda. The inability of the Ministry of Labor
(MOL) to reach a consensus with parliamentarians appears to
be the key factor in the amendments' demise. Organizations
assisting Jordan with labor reform, however, are relieved the
current package was not voted on as it contained such
stringent union membership requirements on migrant workers
that the majority would be unable to join a union. Post
recommends a high-level USG visit on labor issues later in
the year to signal the importance of labor reform to all
Jordanian interlocutors. End Summary

Background
--------------


2. (SBU) On May 12, Jordan's cabinet approved a labor law
reform package designed to bring the country's labor law in
line with international standards. For instance, wage and
overtime provisions were revised. Foreign workers were also
given the right to join unions, under certain conditions.
The labor law amendments have been in the works for over
three years. In 2008, the cabinet approved a very similar
package but sent only six of 42 amendments to parliament for
consideration during their summer extraordinary session.
Four amendments passed, including the addition of agriculture
and domestic workers under the law, and two were rejected
(Ref F). After the rejection of union rights for migrant
workers, the Ministry of Labor (MOL) attempted to develop a
compromise position that would satisfy parliamentarians
fearful of foreign influence in unions. MOL and other
officials stated at the time that the entire package would be

ready for parliament's winter 2008/2009 ordinary session, but
later declared it would be "at the top" of 2009 summer
extraordinary session agenda.

Amendments Again Fail to Make the Agenda
--------------


3. (SBU) The omission of the labor law amendments from the
extraordinary session agenda caught observers by surprise.
For months, senior government officials have told Post the
amendments would be on the agenda and cabinet's May 12
approval of the package signaled this would be the case (Ref
B). The Minister of State for Media Affairs and
Communications was even quoted in local media that they would
be "placed atop" parliament's agenda. On June 2, when rumors
began circulating of the amendments demise, Emboffs met with
new Secretary General of Labor Mazin Odeh Nasser. Having
only been in the job for one day, Odeh was unable to
substantively discuss the amendments but did indicate they
might not make it into the extraordinary session.


4. (C) A few government contacts have speculated that since
each Ministry was only allowed to champion one or two bills,
the labor law amendments may have been crowded out by other
priorities in the MOL, such as the Social Security Law.
(Note: Unlike ordinary sessions in which the agenda is set
largely by the lower house speaker, the agenda for
extraordinary sessions is set by the King. End Note)
However, on June 15, a member of parliament (MP) told Poloff
that foreigners' membership in labor unions remained a

controversial topic in parliament and suggested that the MOL
has not been able to create a consensus among MPs on the
proper way forward.

Stringent Requirements for Foreign Workers to Join Unions
-------------- --------------


5. (C) As currently drafted, foreign workers will need to
meet extremely strict requirements in order to join a union.
For instance, the migrant worker must have worked legally in
Jordan for five years or more and legislation in worker's
country of origin must allow Jordanians to join unions, i.e.
there must be reciprocity. Several contacts stated this
would, in effect, make it impossible for the vast majority of
migrant workers to join, with one stating that probably less
than one percent of foreign workers in Qualifying Industrial
Zones (QIZs) could meet the five-year requirement. Local
representatives from the Solidarity Center and International
Labor Organization (ILO) believe the required reciprocal
legislation is overly stringent and inserted just to limit
access, especially considering few, if any, Jordanians are
working in places like Bangladesh or Nepal. The ILO
representative further stated the ILO will take a harder line
and inform the government the requirements are simply
unacceptable and a new amendment must be drafted. The final
requirement is a special union charter or regulation that
will determine rights, such as voting and holding of office,
as has been previously indicated by the Minister of Labor
(Ref A). A rough, unofficial translation of the amendment
giving foreign workers the right to join unions is provided
below:

Article 98: The founders of any trade unions or employers'
societies must be Jordanian, be at least 25 years, and have
no criminal record. However, any worker, who is a member of
a trade union must fulfill the following requirements:

-- Be at least 18 years of age;
-- Have no criminal record;
-- If s/he is non-Jordanian, must have worked legally in the
Kingdom for a period of not less than five years;
-- Legislation in the migrant worker's country of origin must
also allow Jordanian workers to join unions;
-- Migrant workers must be registered in a special union
register and representation (i.e. union rights) detailed in a
special charter.


6. (U) Post has received a complete copy of the labor law
amendments, in Arabic, approved by Jordan's cabinet and is
translating them into English. Once translated, Post will
e-mail the proposed amendments to relevant agencies.

Comment
--------------


7. (C) Comment: Interlocutors had hoped the MOL drafted an
amendment that would both appease parliamentarians worried
about foreign influence in unions and lead to a step forward
in labor reform. This appears not to be the case in both
regards. Parliament remains hesitant and the amendment, as
drafted, excludes most foreign workers. Stronger external
pressures, especially on the GOJ, are now required to
underline the importance of labor rights to the international
community and private sector investors. A high-level USG
visit to Jordan on labor issues, before the fall session of
parliament, is recommended. A strong message that the
current amendment package is unacceptable and that labor
reform remains a top priority for the USG must be delivered.
Post, in coordination with other parties, such as the ILO,
will also deliver this message to senior officials and,
specifically, state that the amendment related to migrant
workers and unions must be redrafted before moving forward.
End Comment.


Visit Amman's Classified Website at
http://www.state.sgov.gov/p/nea/amman

Beecroft