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Jordan - Substantive requirements for dismissals

Substantive requirements for dismissals (justified and prohibited grounds) - Jordan - 2013    

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Obligation to provide reasons to the employee: No
  • The LL does not require the employer to provide the reasons for termination. The party who intends to terminate the contract is only requested to notify the other party in writing of his or her intention to terminate the contract (art. 23 LL).

Valid grounds (justified dismissal): none
  • The LL does not list Art. 34 LC: a contract of employment may be terminated at any time at the will of either party provided previous notice is given.
    This does not result in a total freedom of the employer to terminate the contract: it must be understood in light of the existence of prohibited grounds.

    The LC provides for specific regime for dismissal on the grounds of serious misconduct (art. 36 and 37 LC) and on economic grounds (art. 40 LC).

Prohibited grounds: pregnancy; maternity leave; filing a complaint against the employer; race; religion; trade union membership and activities; performing military or civil service; language; lawfully taking leave
  • - The employer shall not terminate the services of an employee in any of the following cases:
    * from the sixth month of the employee's pregnancy or during her maternity leave.
    * the employee is performing military or reserve service.
    * the employee is on annual, sick leave or on leave granted for the worker's education, purposes of learning, pilgrimage, or on leave agreed by both parties to take up trade union office or studies in a recognized institute, college or university (art. 27 LL).

    - Race, language and religion are listed in the Constitution as prohibited grounds for discrimination. They are however not mentioned in the LL as prohibited grounds for dismissal.
    Art. 6 of the Constitution reads as follows: "(i) Jordanians shall be equal before the law. There shall be no discrimination between them as regards to their rights and duties on grounds of race, language or religion.
    (ii) The Government shall ensure work and education within the limits of its possibilities, and it shall ensure a state of tranquility and equal opportunities to all Jordanians."

Workers enjoying special protection: pregnant women and/or women on maternity leave; workers performing military/alternative service
  • Art. 27 LL: The LL prohibits the employer from terminating the employment of a pregnant woman from the sixth month of the employee's pregnancy or during her maternity leave and of an employee who is performing military or reserve service.