Legal Consultant for Conducting a Legal comparative analysis

The objective of this assignment is to conduct a comprehensive legal comparative analysis of Jordanian legislation concerning key ILS, particularly the Maternity Protection Convention, 2000 (No. 183) and the Workers with Family Responsibilities Convention, 1981 (No. 156). This analysis aims to identify differences between national laws and the provisions of these conventions, as well as to assess the extent to which Jordanian law protects the rights of women and vulnerable groups in the workplace. This analysis will provide the foundation and provide orientation for further efforts to promote the ratification of these conventions. The study will build on previous work conducted by the ILO and its partners in Jordan, offering detailed insights into the existing legislative framework and outlining areas for improvement to ensure alignment with international standards.

This will require the consultant’s full understanding of the following gender-related International Labour Standards (ILS):

• Equal Remuneration Convention, 1951 (No. 100);
• Social Security (Minimum Standards) Convention, 1952 (No. 102);
• Discrimination (Employment and Occupation) Convention, 1958 (No. 111);
• Workers with Family Responsibilities Convention, 1981 (No. 156);
• Maternity Protection Convention, 2000 (No. 183);
• Protection from violence and harassment as per the Violence and Harassment Convention, 2019 (No. 190);
• Safe and Healthy Working Environment (Consequential Amendments) Convention, 2023 (No. 191); among others.
• Consultant Responsibilities and Tasks

The legal consultant will be responsible for conducting a thorough legal comparative analysis of Jordanian legislation, policy frameworks, institutional mechanisms, and practices, with a focus on assessing the extent to which national laws and practices align with the provisions of Convention No. 183 (Maternity Protection Convention, 2000) and Convention No. 156 (Workers with Family Responsibilities Convention, 1981). The consultant’s work will involve reviewing current laws, engaging with key stakeholders, and developing recommendations for improving national legislation to promote the ratification of these conventions and strengthen protections for workers, particularly women and those with family responsibilities.

Tasks of the consultant will include the following:

1. Review of Existing Legislation and Policy Frameworks – Legal Comparative Analysis

The consultant will conduct a detailed review of all existing Jordanian laws, regulations, and policies related to labour, employment, social security, and family responsibilities. Based on the findings of the comparative analysis, the consultant will formulate clear, actionable recommendations for aligning Jordanian legislation with the provisions of Convention No. 183 and Convention No. 156. This will include:

• For Convention No. 183 (Maternity Protection Convention), assess the extent to which maternity protection laws and regulations are aligned with the provisions of Convention No. 183, specifically concerning:
  • Number of weeks, qualifying conditions, and provisions for parental/paternity leave.
    • Level and source of funding during leave periods.
    • Safeguards for pregnant and nursing mothers, including medical benefits and breastfeeding support.
    • Ensuring non-discrimination and job security during pregnancy, maternity leave, and after returning to work.
    • Leave allowances for pregnancy or childbirth-related illness or complications.
• For Convention No. 156 (Workers with Family Responsibilities Convention), assess whether Jordanian laws acknowledge the needs of workers with family responsibilities, specifically:
  • Review provisions for flexible work arrangements, remote work, and leave for caregiving.
    • Review policies to support workers with caregiving responsibilities for children, elderly, or disabled family members.
    • Assess legal protections for workers with family responsibilities and identify gaps that may lead to indirect discrimination in hiring, promotions, and retention.