National Consultation on Labour Dispute Resolution in Jordan

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An effective labour dispute resolution system is crucial for protecting the rights and interests of workers and promoting a healthy and productive workforce. A well-functioning dispute resolution system can also help to prevent labour disputes from escalating into strikes or other forms of collective action that can disrupt businesses and harm both workers and employers. Most importantly, labour dispute resolution is essential for ensuring access to justice because it provides workers with a fair and impartial process for resolving conflicts with their employers. Without such a system, workers may not have the means to effectively address issues such as unpaid wages, unsafe working conditions, and discrimination. Foreign workers and refugees, who make up half of the labour market, may face additional barriers to accessing justice, such as language barriers, limited knowledge of their rights, and fear of retaliation or deportation.

In Jordan, in addition to possible grievance mechanisms at company level, there are three main channels for labour dispute resolution. The Ministry of Labour inspectors have the mandate to investigate most types of labour complaints provided that the worker is still in active employment. Under the law, the labour inspector is also able to try to amicably resolve the dispute by speaking with the employer and the worker. Claims involving wage disputes in Amman may be filed before the Wages Authority but only if worker is in active employment or within six months of employment termination. In all cases, disputes can be filed before a Magistrate’s Court in the form of a written claim. The Labour Law waives the filing fees in respect of labour disputes arising from individual employment contracts. However, labour disputes can take a long time to resolve and may thus not be a feasible and appropriate option for many workers. The Al-Hasan Workers’ Centre in Irbid and civil society organizations have been active in supporting workers to file individual and collective claims through available channels.

In 2020, the Ministry introduced an online complaints platform called “Hemayeh” to enable workers to report certain labour violations. Over time, it became the only way in which workers could lodge individual labour complaints, replacing in-person submission through MOL offices and the hotline. According to the Ministry of Labour, the platform received around 12,500 complaints in 2022; on an average of one thousand complaint each month. However, the system has not been without a number of challenges. According to an internal survey commissioned by ILO and the Ministry of Labour and comprising 955 persons who filed a complaint on the Hemayeh platform (including 825 Jordanian and 130 non-Jordanian complainants) workers reported a number of concerns related to accessibility of the platform, and accountability, competence, efficiency, impartiality and independence of the labour inspectors whose role is to resolve the complaint after it is lodged on the Hemayeh platform.

Objectives

The objectives of the conference are to:

• Discuss the current system of judicial and non-judicial resolution of labour disputes, with a focus on the Ministry of Labour’s role, and to explore constraints and challenges in the current structure;
• Outline the Hemayeh digital platform and how it fits into the dispute resolution system, including the challenges and achievements of the platform;
• Explore ways forward, including review of promising practices and tools that could support further dialogue on the labour dispute system.

The conference will culminate in a report of the discussions and key findings and recommendations.

Language

Interpretation in Arabic and English will be provided.

Participants

Participants include representatives from government ministries and departments (Ministry of Labour, Ministry of Justice, Judicial Council, Anti-Human Trafficking Unit), social partners (Jordan Chamber of Industry, Jordan Chamber of Commerce, Jordan Garments, Accessories, & Textiles Exporters' Association (JGATE), General Federation of Jordanian Trade Unions and affiliates, civil society, academics, embassy representatives, UN agencies and ILO staff.