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Jordan
 


Source and scope of regulations - 2019    

References
  • Labour Law [LL], No. 8 of 1996, as amended up to Act No. 11 of the 2004.
    Date: 2004 (view in NATLEX »)
  • Interim Act No. 26 of 2010 amending the Labour Code
    Date: 15 Jul 2010 (view in NATLEX »)
  • Civil Code No. 43 of 1976 (in Arabic)
    Date: 01 Jan 1977; view website »
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants; agricultural workers; domestic workers; employer's family members
Remarks:
  • Art. 3 LL: The Labour Law does not apply to:
    "A. Public and municipalities employees.
    B. Family members of the employer who work in his/ her business against no wage.
    C. Domestic workers, cooks, and so forth.
    D. Agricultural workers except those who are subjected to any of the provisions of this law, their categories shall be defined by virtue of a regulation that shall be issued to this effect."

Notes / Remarks
In addition, Article 23 of the Constitution of Jordan provides that:
"1- Work is the right of all citizens, and the State shall avail it to Jordanians by directing and improving the national economy.
2- The State shall protect labour and enact legislation therefore based on the following principles:
(...) c- Specifying special compensation to workers supporting families and in the cases of dismissal, illness, disability and emergencies arising out of work. (...)"


Types of employment contracts - 2019    

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Maximum probationary (trial) period: 3 month(s)

Remarks:
  • Art. 35 LL:
    "A. The employer may recruit any employee under probation to verify his/her qualifications and capabilities to carry out the required work provided that the probation period shall not exceed in any case three months and the wage of the employee under probation shall not be less than the minimum limit decided for wages.
    B. The employer may terminate the employment of the employee under probation without a notification or remuneration during the probation period.
    C. If the employee has continued working after the expiry period of the probation, the contract shall be considered as unlimited period work contract, and the probation period shall be considered within the period of service."

    The ILO 2018 Guide to Jordanian Labour Law for Garment Industry adds in this respect that "the probation period is not assumed, it must be agreed upon by both sides when signing the contract. The worker may not be put on probation more than once by the same employer."

Fixed term contract (FTC):
  • FTC regulated: No
  • Valid reasons for FTC use: no limitation
    Remarks:
    • No statutory limitation on the use of FTC in the LL.
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • No statutory limitation on the renewals of FTC in the LL.
      However, the LL provides that: "If the work contract was for a limited period, then it shall be terminated by the expiry of its period, if the parties have continued to implement the work contract after its expiry, then this shall be considered as a renewal of the contract for unlimited period from the beginning of employment" (art. 15 C) LL).
  • Maximum cumulative duration of successive FTCs: 5 year(s)
    Remarks:
    • No statutory limitation on the use of FTC in the LL.

      However, Article 806 of the Jordanian Civil Code provides that:
      "1. The contract of employment may be for a limited or unlimited period and for a specific work.
      2. The duration of the contract may not exceed five years."

Substantive requirements for dismissals (justified and prohibited grounds) - 2019    

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Obligation to provide reasons to the employee: No
Remarks:
  • 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
Remarks:
  • 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
Remarks:
  • Art. 27 LL: 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. 24 LL: The employee shall not be dismissed from work, and no disciplinary procedure shall be taken against him/her for reasons related to the complaints and claims provided by the employee to the competent authorities in relation to the execution of the provisions of law.
    - 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: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • 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.
    Art. 97 (B) LL: "The employer shall not make the recruiting of the employee subject to the condition of his/her not joining the trade union, or waiving his/her membership in it, and the employer may not ask the employee to be disengaged from any association, the employer may not prejudice any of the employee's rights because of his/her membership in any association or contributing in its activities beyond the working hours."

    The ILO 2018 Guide to Jordanian Labour Law for Garment Industry adds in this respect that: "Employers are prohibited from employing any worker on condition that he is not part of a trade union, relinquishing membership in it, work to dismiss him from any trade union, undermine any of his rights because of trade union membership or contributing to its activities outside working hours. Employers are prohibited from taking any action against the trade union representative because of practicing union activities, including dismissal from work. If the employer takes such action, the labour inspector shall issue a warning on the need to correct the violation within a period not to exceed seven days from the warning. If the violation persists, the labour inspector shall write a report and refer the matter to the competent court. The worker may also claim damages caused because of the action taken against him. If he is dismissed from work, the court may issue a decision to reinstate him along with the payment of full remuneration for the period he was dismissed from work. If the worker is unable to return to work for reasons related to the employer, he may claim additional compensation ranging between 6 and 12 months of remuneration, in addition to compensation for arbitrary dismissal and any other rights due."


Procedural requirements for individual dismissals - 2019    

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Notification to the worker to be dismissed: written

Remarks:
  • Art. 23 A) LL: "If one of the parties has intended to terminate the unlimited period work contract, then he shall notify the other party in writing of his intention of terminating the contract before one month at least, the notification shall not be cancelled except by the approval of both parties."

Notice period:
Remarks:
  • Art. 23 A) LL: If one of the parties intends to terminate the employment contract, he or she shall notify the other party of his or her intention in writing at least one month in advance.
    • tenure ≥ 6 months
      • 1 month(s).
    • tenure ≥ 9 months
      • 1 month(s).
    • tenure ≥ 2 years
      • 1 month(s).
    • tenure ≥ 4 years
      • 1 month(s).
    • tenure ≥ 5 years
      • 1 month(s).
    • tenure ≥ 10 years
      • 1 month(s).
    • tenure ≥ 20 years
      • 1 month(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 23 C) LL: "If the notification was provided by the employer, then the employer may exempt the employee from working during the period of notification [...] the employee shall be entitled to his/her wage for the period of notification in all such cases."

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2019    

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    Definition of collective dismissal (number of employees concerned):
    The LL refers to : "economic or technical conditions of the employer that entail reducing the size of work force, replacing a production system with another, or stopping work completely which may result in terminating unlimited period work contracts or suspend all of some of the contracts".

    Remarks:
    • See art. 31 A) LL:
      A. If the economic or technical conditions of the employer entail reducing the size of work force, replacing a production system with another, or stopping work completely which may result in terminating unlimited period work contracts or suspend all of some of the contracts, then the employer shall notify the minister of this in writing supported with the reasons justifying that.
      B. The Minister shall form a committee of the three production parties to verify the validity of the procedures taken by the employer and provide its recommendation in this regard to the Minister within a period not exceeding fifteen days from the date of providing the notification.
      C. The Minister shall issue his decision in relation to the recommendation during seven days from the date of submitting it whether by approving the procedures of the employer or reconsidering such procedures.
      D. Any aggrieved party because of the Minister's decision issued in accordance with paragraph (C) of this article may appeal the decision during ten days from the date in which he/she was notified of this decision at the competent Court of Appeals which shall look into the appeal and issue its decision in a period of month utmost from the date of registering the appeal in the court section.
      E. The employees whose services have been terminated in accordance with paragraph (A,B) of this article may return to their work during a year from the date of their leaving work if the work has returned to its previous state and their reemployment with the employer was permissible.
      F. The employee whose work contract was suspended in accordance with paragraph (A) of this article may leave his/her work without a notification with keeping his/her legal rights upon the end of his/her service.

    Prior consultations with trade unions (workers' representatives): Yes

    Remarks:
    • Art. 31 B) LL provides that "The Minister shall form a committee of the three production parties [= tripartite committee] to verify the validity of the procedures taken by the employer and provide its recommendation in this regard to the Minister within a period not exceeding fifteen days from the date of providing the notification".

    Notification to the public administration: Yes

    Remarks:
    • Art. 31 A) LL: The employer shall notify the Minister of Labour of any intended collective termination or suspension of employment contracts in writing and indicate the reasons justifying it.

    Notification to workers' representatives: Yes

    Remarks:
    • Art. 31 B) LL provides that "The Minister shall form a committee of the three production parties [= tripartite committee] to verify the validity of the procedures taken by the employer and provide its recommendation in this regard to the Minister within a period not exceeding fifteen days from the date of providing the notification".

    Approval by public administration or judicial bodies: Yes

    Remarks:
    • The Minister can approve or reject the procedure followed by the employer. See art. 31 C) LL:
      "C. The Minister shall issue his decision in relation to the recommendation [of the so-called "committee of the three production parties" = tripartite committee established by him] during seven days from the date of submitting it whether by approving the procedures of the employer or reconsidering such procedures".

    Approval by workers' representatives: No

    Priority rules for collective dismissals (social considerations, age, job tenure): No

    Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No

    Remarks:
    • Not in the LL.

    Priority rules for re-employment: Yes

    Remarks:
    • Art. 31 E) LL: "The employees whose services have been terminated in accordance with paragraph (A,B) of this article may return to their work during a year from the date of their leaving work if the work has returned to its previous state and their reemployment with the employer was permissible."

    Severance pay and redundancy payment - 2019    

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    Severance pay:
    Remarks:
    • Art. 32 (1) LL provides that "the employee working for unlimited period and not subject to the provisions of the Social Security Law, and whose service is terminated for any reason may acquire the end of service remuneration in a rate of a month wage for each year of his/her actual service, for the parts of year, he/she shall be given a proportional remuneration.
      The remuneration shall be calculated on the basis of the last wage that he/she has received during the period of his/her employment, while if the complete wage or part of it was calculated on the basis of commission or taskwork, then the remuneration shall be calculated based on the average of the monthly wage received by the employee during the twelve months preceding the end of his/her service.
      If the period of his/her service has not reached that extent, then the monthly average of the total of his/her service period shall be considered, the intermissions not exceeding 60 days (New in 2010: previously 1 month) between one work and another shall be considered as uninterrupted employment period when calculating the remuneration. See: art. 35 LL, as amended by sec. 11 of the Interim Act No. 26 of 2010.
    • tenure ≥ 6 months: 0.5 month(s)
    • tenure ≥ 9 months: 0.75 month(s)
    • tenure ≥ 1 year: 1 month(s)
    • tenure ≥ 2 years: 2 month(s)
    • tenure ≥ 4 years: 4 month(s)
    • tenure ≥ 5 years: 5 month(s)
    • tenure ≥ 10 years: 10 month(s)
    • tenure ≥ 20 years: 20 month(s)
    Redundancy payment:
    Remarks:
    • No specific redundancy payment, but the "end of service remuneration" covers termination for any reason, therefore including economic reasons.
      (see art. 32 LL)

    • tenure ≥ 6 months: 0.5 month(s)
    • tenure ≥ 9 months: 0.75 month(s)
    • tenure ≥ 1 year: 1 month(s)
    • tenure ≥ 2 years: 2 month(s)
    • tenure ≥ 4 years: 4 month(s)
    • tenure ≥ 5 years: 5 month(s)
    • tenure ≥ 10 years: 10 month(s)
    • tenure ≥ 20 years: 20 month(s)

    Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2019    

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    Compensation for unfair dismissal - free determination by court: No

    Remarks:
    • Art. 25 LL sets out legal limits on the compensation to be paid to the employee in the event of arbitrary dismissal (see below).
      As amended in 2010, Article 25 LL provides that “If a worker institutes judicial proceedings within 60 days of his dismissal, and the competent court finds the dismissal arbitrary and in violation of the provisions of this Code, the court may order the employer to reinstate the worker in his former job or pay him compensation equal to half of the monthly remuneration for each year of service provided that the amount shall not be less than the worker's remuneration for two months, in addition to compensation in lieu of notice and other entitlements stipulated in sections 32 and 33 of this Code, and the compensation shall be calculated on the basis of the last remuneration he received.”

    Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
    Compensation following any dismissal which is arbitrary and violates the provisions of the LL shall be half of the monthly remuneration for each year of service provided that the amount shall not be less than the worker's remuneration for two months, in addition to compensation in lieu of notice and other entitlements stipulated in the law (including the end of service termination).

    Remarks:
    • Art. 25, as amended in 2010 LL.
      New in 2010: prior to the 2010 amendment, compensation was set as follows: at least 3 months' wages but not more than 6 months' wages.

    Reinstatement available: Yes

    Remarks:
    • Art. 25 LL: remedy for arbitrary and unlawful dismissal shall be either reinstatement or compensation.

    Preliminary mandatory conciliation: No

    Remarks:
    • No statutory provision found in the legislation reviewed.
      Preliminary conciliation is only foreseen in the settlement of collective labour disputes (see art. 120-123 LL)

    Competent court(s) / tribunal(s): ordinary courts

    Remarks:
    • Art. 137 A) LL: The Magistrate Court (ordinary civil court) exercises jurisdiction over individual labour disputes with the exception of disputes related to wages in the areas where there is no "Remuneration Authority".

      Under the Jordanian labour disputes settlement system, the labour court is an ad hoc organ, constituted by three regular judges delegated by the judicial council for this purpose upon the requirement of the minister of labour. It is only competent to hear collective labour disputes, and will do so if the conciliation board has failed to settle the case (art. 124 LL).

    Existing arbitration: No

    Remarks:
    • No statutory provision found in the legislation reviewed.

    Length of procedure: 3 month(s) (statutory)

    Remarks:
    • Art. 137 A) LL: the settlement of the case shall be made within three months as from the day it has been referred to the Court.
      Appeal shall be lodged within 10 days and decided by the Court of appeal within 30 days. (art. 137 B) LL)

    Source of additional information - 2019    

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    Links

    ILO 2018 Guide to Jordanian Labour Law for Garment Industry (BetterWork) »

    Background paper for the Tripartite Meeting of Experts to Examine the Termination of Employment Convention, 1982 (No. 158), and the Termination of Employment Recommendation, 1982 (No. 166), April 2011 »
    See the country study for Jordan on employment termination: pp. 36-38.