Rolling over gender barriers in today’s workplaces

Jordan

Published: 2024-05-01 14:01

Last Updated: 2024-05-16 23:51


Rolling over gender barriers in today’s workplaces
Rolling over gender barriers in today’s workplaces

Suzan, a fresh civil engineering graduate, has been on the hunt for an opportunity to flourish and shine, even if it means compromising on her rightful demands at work. We shed light on Suzan’s and countless other women as they try to obtain a day’s worth of decent work.

“I work on the site of a ‘semi-governmental project’ tasked with the construction of a new building and the restoration of an old building. The tender for this project was issued nationwide where the winning contractor was required to hire a minimum of three fresh graduates, two male site engineers and I; the team included twelve on-site construction workers as well,” Suzan started.

“The contractor informed me of my salary on my first day at work - which of course was below the minimum wage. As a fresh grad who had to gain experience, learn and improve, I did not make a fuss. After several months, I learned that my salary does not even come from the contractor's pockets, rather from the entity that issued the tender. He has also been giving me only half of the allocated amount for my salary while he keeps the other half for himself. After asking around, I came to discover that he even pays the construction workers, all male, more than me. What really drove me over the edge is not only has he been stealing my money for months, but he has been taking me for a fool just because I am no man,” she continued.

However, Suzan was not the only woman who stepped forward to speak out, another woman, Yara, started working in a small startup immediately after graduation in 2021 and stayed there for two years. “They were great, two years where I learned a lot, was part of a healthy working environment and had supportive managers. Up until the day I resigned, I did not know how naive I was: I discovered that only did they pay my social security in the first six months and after that they stopped. Even though they were deducting the amount from my salary.”

While Suzan and Yara are still in their early career stages, discrimination against women persists no matter what age they are; such as in the case of Inas, 35, who struggled to find work to provide for her family of two kids and an elderly mother after her husband passed away. She started doing secretariat & data entry work but soon found herself in a position where she had to put up with her boss’ frequent harassment. According to Inas, the harassment ranged from inappropriate jokes, insinuations and comments to physical touch. She explained that she does not have the luxury of quitting or even filing complaints as her work is the only thing keeping her family from being homeless or starving. She also cited stigma as a factor in her reasoning to staying silent.

The stories we received are endless, the testimonies are staggering and the truth is inescapable: women, especially pregnant women, are susceptible to being dealt a bad hand in their workplaces. Violations vary from forcible pregnancy tests and asking intrusive questions during interviews about the intention to get married or having children to the early termination of their fixed-term contracts and denying them time off to attend antenatal medical appointments.

“The discrimination is extremely obvious for female teachers working in the private sector where the termination of contracts before the summer break is a common practice so that schools do not pay salaries for that period – on the premises that they will rehire at the beginning of the new school year,” said Emy Dawud, the founder of “Feminist Movement Jordan.”

“It is sad that the narratives about motherhood that we memorize when we are young, we discover later, day after day, that they are no more than narratives, and that motherhood in our reality is a sin for which we are punished. Starting from the personal status laws to the workplace and not ending with the sacrifices that women are forced to make without compensation in return for their maternity role,” Dawud continued.

The treatment of female teachers became a hot topic last year, after a private school sent an official memo to the female teaching staff urging them to use birth control and family planning so they can time their deliveries during the annual three-month summer break. Since then several teachers have come forward to share their stories.
For Rana, it was her life’s dream to become a mother despite having multiple miscarriages which prompted her to start her IVF journey. This decision and the delicate treatment it should normally entail, caused a confrontation with the school’s management where they played the “subpar performance” card to coerce her to go quietly.

So, how can a woman navigate her work experience confidently?

To unravel the situation from a legal perspective, we took a closer look on the Jordanian Labor Law and consulted Linda Kalash, Director of Tamkeen for Legal Aid and Human Rights; the law addresses some of those issues, for instance, the demand for wage equality: Article 53 states “The employer shall be punished by a fine not less than five hundred JDs and not exceeding one thousand JDs for each case in which a worker is paid a wage less than the decided minimum for wages, or is discriminated against in equal remuneration between genders for work of equal value, the penalty shall be aggravated in case the contravention was recurred.”

Moreover, Article 27.A.1 forbids employers from terminating the services of pregnant working women starting the sixth month of her pregnancy or during her maternity leave. “If a pregnant woman is dismissed from work during the last trimester of pregnancy or during the maternity period, she can file a complaint with the Ministry of Labour for consideration,”said Kalash.

“In instances of harassment, the law enables workers to leave their job while retaining their full labor rights. Additionally, Articles 29.6 and 29.7 stipulate that if an employee is subjected to any assault by the employer by beating or by engaging in any form of sexual assault or sexual harassment, the employer is punished by a fine of not less than 2,000 JDs and not more than 5,000 JDs,” Kalash continued.

Yara regrets not understanding the Labor Law before “When I started my career I had no prior experience, I did not realize the full scope of my rights which meant I was exploited several times without my knowledge. I recommend all students to read about the Jordanian Labor Law, and our rights as stipulated within it.” Yara also recommends all workers to create an account on the Social Security Corporation website, to keep an eye on their salary deductions.

It is usually not the lack of legal texts that undermines workers rights, “but their reluctance to file complaints. This could be traced to several reasons, including the fear of losing available job opportunities amidst the prevailing unemployment conditions, as well as the fear of stigma or triggering bigger problems. Hence, awareness raising on workers’ rights, duties and complaints filing mechanism and employers’ obligations under the law, is crucial,” she added.

How much does the Jordanian Legislation bind employers when it comes to women’s working rights?

There are several international treaties which Jordan ratified, making them officially binding on the state that covers different aspects of women’s working rights, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and 26 International Labor Organization (ILO) Conventions, including seven of the eight Fundamental conventions. The ILO Conventions cover a wide scope securing a decent workplace for women, including Convention No. 100 on Equal Remuneration and Convention No. 190 on Violence and Harassment, etc…

The law and the treaties represent a complementary framework, however the implementation falls short most of the time. The situation on the ground must be addressed as is, and there is a pressing to counteract women's withdrawal from the labor market and ensure their economic empowerment and financial independence. This is the only way to avoid the heavy losses incurred on the economy as a result of cold shouldering forces who are capable of making a significant difference in the country’s development.

Government, Unions & Employers

Trade Unions have a great role in pressuring employers to roll out internal policies that fosters a healthy, equitable and safe working environment. The unions must be able to form, organize, and negotiate on behalf of workers while also representing their best of interest.

Furthermore, the government also plays a key role in laying the foundations so that policies are designed to protect women from violations and in enacting them. During the discussion of the Universal Periodic Review of Human Rights in its fourth edition, the Jordanian government received approximately 300 recommendations, amongst which were: continue efforts aimed at raising working womens’ awareness of their rights in the labor market, and re-examine legislation to enhance the provision of a safe and healthy work environment in the workplace.

However, it goes back to the employer’s willingness to embrace their duty to cultivate a healthy workplace.
Gender equality and providing safe working environments are interchangeable, as a healthy and safe working environment motivates employees to be productive and prosperous in their work, thereby contributing to a comprehensive national economy for both genders and enhancing the well-being of the people.

Disclaimer: All names and identifying details have been changed and altered to protect the privacy of individuals.

Written by: Roa’a Abu Nada