This Law shall be called the Labour Code of 1996 and shall come
into force on the expiry of sixty days from the date of its publication
in the Official Gazette.
Section 2
For the purposes of this Code, the following words and expressions
shall, unless there is ground to presume otherwise, have the meanings
assigned to them below:
the Ministry : the Ministry of Labour;
the Minister : the Minister of Labour;
the Secretary General : the Secretary General of the
Ministry;
employer : any natural or legal person employing, in
any capacity, one or more persons against remuneration;
association : an organization representing employers;
worker : any person, male or female, performing work
against remuneration for an employer and under his direction,
including minors, trainees and persons on a trial period;
work : any intellectual or manual effort made by a
worker for remuneration, be it for an indefinite period, or on
a casual, temporary or seasonal basis;
casual work : work necessitated by unforeseen contingencies
the completion of which does not require more than three months;
temporary work : work that requires, in view of its
nature, a limited period of time to be completed;
seasonal work : work carried out in specific seasons
of the year and the completion of which does not require more
than six months;
collective agreement: a written agreement regulating
terms of employment between an employer or an association on the
one hand, and a group of workers or a trade union on the other;
contract of employment : an agreement, verbal or written,
explicit or implicit, whereby a worker undertakes to work for
an employer, under his supervision or direction, in return for
remuneration; contracts of employment may be for a specified period
or of indefinite duration, or for specified or unspecified work;
remuneration : any compensation a worker is entitled
to for his work, in cash or in kind, in addition to any other
payments due to him by virtue of law, a contract of employment,
internal regulations or common practice, except payments for overtime;
young person : any person, male or female, who has
attained the age of seven but is less than eighteen years old;
establishment : an entity that provides services, or
produces or distributes goods;
medical authority : a medical practitioner or medical
commission approved by the Minister;
occupational disease : an industrial disease or occupational
injury listed in Tables I or II of this Code;
industrial injury : an injury sustained by a worker
due to an accident that occurs during the performance of his work
or as a result thereof, including commuting accidents;
dependent : the worker's family member or members stipulated
as beneficiaries by the Social Security Law in force;
trade union : an organization of workers in a trade,
formed in accordance with the provisions of this Code;
administrative board : the administrative board of
a trade union;
collective labour dispute : any dispute occurring between
a group of workers or a trade union on the one hand, and an employer
or association on the other, concerning the application or interpretation
of a collective agreement or terms and conditions of employment.
Section 3
The provisions of this Code shall apply to all workers and employers,
except:
(1) government and municipal officials;
(2) an employer's family members working without remuneration
in his undertakings;
(3) domestic servants, gardeners, cooks and the like;
(4) agricultural workers excluding those who shall be covered
by this Code pursuant to a decision taken by the Council of Ministers
on the basis of a recommendation by the Minister.
Section 4
(1) The provisions of this Code shall be without prejudice
to any rights that a worker may have under any other law, or any
contract of employment, agreement or award, provided that such
rights are more favorable than those granted to him by this Code.
(2) Any contract or agreement made before or after the commencement
of this Code, whereby a worker relinquishes any right conferred
on him by this Code, shall be deemed null and void.
The Ministry shall be in charge of inspection tasks in application
of this Code.
Section 6
Any person undertaking inspection activities shall sign a statement
whereby he takes an oath to discharge his duties in all honesty
and good faith and to abstain from revealing secrets brought to
his knowledge through his work.
Section 7
Qualifications, duties, powers and emoluments of labour inspectors
as well as obligations of employers towards the latter shall be
governed by regulations issued for that purpose.
Section 8
Every employer or person acting on his behalf shall:
(1) on the first month of every year, send to the Ministry
or to the inspectorate in the work area a statement specifying
the number of workers in his employment, as well as the place
and type of work, date of entry into employment and remuneration
of every worker;
(2) keep in his establishment the records that he is required
to hold, including records of workers and trainees.
Section 9
(1) In the discharge of their duties, labour inspectors shall
be vested with the powers of criminal investigators as prescribed
by the Criminal Procedures Code in force. Their reports, drafted
within the limits of their mandate, shall be enforceable, until
otherwise established.
(2) An inspector may demand that an employer ceases a violation
within a period not exceeding seven days from the date on which
the latter receives written notice to that effect. If the employer
fails to do so, the Minister, or his duly mandated representative,
may decide to close down the establishment until the violation
ceases or until a court rules on the matter.
(3) The offender shall be ordered by court to cease the violation
and shall be fined no less than fifty and no more than five hundred
Dinars. The minimum fine shall not be reduced on the grounds of
any mitigating circumstances.
(1) The Ministry shall be in charge of the organization of
the labour market and of careers guidance, and shall draw up the
necessary guidelines for the promotion of jobs and recruitment
opportunities for Jordanians within the Kingdom and abroad, in
cooperation with the appropriate bodies.
(2) Private employment offices may be established upon authorization
by the Minister. Their conditions of establishment, objectives,
functions and methods of management, as well as their supervision
by the Ministry shall be set out in regulations that shall be
issued for that purpose. The Minister may determine the fees charged
by such offices for their services.
Section 11
Public and authorized private employment offices shall be the
sole intermediaries empowered to recruit or facilitate the recruitment
of workers within the Kingdom or abroad. The Minister may close
down offices violating the provisions of this section and bring
judicial proceedings against them. Convicted violators shall be
fined no less than two hundred and no more than one thousand Dinars
and/or shall be sentenced to a minimum of thirty days in prison;
offices found to be acting in violation of the provisions of this
section shall be closed down, and all their assets relating to
employment activities shall be confiscated.
Section 12
(1) Non-Jordanian workers shall only be employed upon authorization
by the Minister, or his duly mandated representative, provided
that the work they undertake requires expertise and skills unavailable
or insufficient within the Jordanian workforce. In such cases,
priority shall be given to Arab experts, technical specialists
and workers.
(2) Non-Jordanian workers shall obtain a work permit from
the Minister, or his duly mandated representative, before being
brought into the country or entering employment. Such work permits
shall be valid for a maximum of one year and may be renewable
on an annual basis.
(3) The Ministry shall collect a fee from the employer for
the issuance or renewal of the work permit of a non-Jordanian
worker. Such a fee shall be received as public revenue, and its
amount shall be fixed by statute.
(4) Upon recommendation by the Ministry of Social Development,
a severely handicapped person, or his guardian or trustee, may
be exempted from the payment of the work permit fee for one non-Jordanian
worker, if the disabled is in constant acute need of assistance
in his day-to-day life, and if the functions of the non-Jordanian
worker are limited to assisting the disabled.
(5) An employer or manager of an establishment, as the case
may be, shall be fined no less than fifty and no more than one
hundred Dinars for every month or fraction of a month during which
a non-Jordanian worker is employed in violation of the provisions
of this Code. The fixed minimum fine shall not be reduced in any
circumstances and for any reasons whatsoever.
(6) The Minister shall order the deportation of a worker violating
the provisions of this section, at the expense of the employer
or manager of the establishment. Such orders shall be executed
by the competent authorities.
Section 13
An employer having fifty or more workers in his employment, and
undertaking a type of work that allows for the employment of disabled
workers who have received vocational training through specialized
programs, arrangements or institutes approved by the Ministry,
or established by it in cooperation with public or private institutions,
shall employ such disabled workers so that they represent no less
than 2% (two percent) of his total workforce, and shall send the
Ministry a statement specifying the type of work and the remuneration
of each trained disabled worker.
Section 14
If a worker sustains an industrial injury leading to permanent
partial disability not preventing him from performing a different
type of work, his employer shall employ him in such type of work
as is compatible with his condition, if such work is available,
and pay him the remuneration set for that work. The worker's financial
entitlements for the period preceding the injury shall be calculated
on the basis of the last remuneration he received, before the
injury was sustained.
(1) Contracts of employment shall be drawn up in Arabic and
in two copies at least; each party shall keep a copy. If no such
contract is made, the worker may establish his rights by all legal
means of evidence.
(2) A worker employed for an indefinite duration shall be
considered in service until his employment is terminated in accordance
with the provisions of this Code. If a worker is employed for
a specified period, he shall be considered in service throughout
that period.
(3) Where the contract of employment is for a specified period,
it is automatically terminated at the end of that period. If both
parties to the contract continue implementing it after that period
has expired, the contract shall be considered to have been renewed
as a contract for an indefinite duration, and shall be deemed
as such from its commencement.
(4) A worker who is regularly employed for piece-work in the
workplace, or performs a series of tasks by piece-work, shall
be considered as a worker employed for an indefinite duration.
(5)
(a) Workers employed by a contractor for the execution of
a project may take direct legal action against the project owner,
to claim the entitlements due to them from the contractor. Such
claims shall not exceed the amount of payments due to the contractor
from the owner at the time when action is taken.
(b) Workers employed by a subcontractor may take direct legal
action against the principal contractor and the project owner.
The amounts claimed in such action may not exceed payments that
are due, at the time when action is taken, to the principal contractor
from the owner and to the subcontractor from the principal contractor.
(c) Workers mentioned in subparagraphs (5)(a) and (b) of this
section shall have a preferential claim to the payments due to
the principal contractor and the subcontractor, and their claims
shall be settled proportionately, each according to his share.
Section 16
A contract of employment shall remain in force notwithstanding
a change of employer, whether such a change is due to the sale
of the undertaking or its transfer by inheritance, the merger
of the establishment or any other reason. The original employer
and the new employer shall, for a period of six months, be jointly
liable in the discharge of any obligations arising out of the
contract of employment and maturing before the date of change.
After the expiry of that period the new employer shall have sole
liability.
Section 17
No worker shall be under the obligation to perform work that is
markedly different from the type of work agreed in the contract
of employment, except where such work is required to prevent an
accident or carry out repairs necessitated thereby, in cases of
force majeure or under other circumstances stipulated by this
Code. Such work shall, in any case, remain within the limits of
the capacities of the worker and the circumstances necessitating
it.
Section 18
No worker shall be under the obligation to work in a place other
than his assigned workplace if that were to lead to a change of
residence and where that is not expressly stipulated in the contract
of employment.
Section 19
Every worker shall:
(1) perform his own work himself, exerting reasonable diligence,
and follow the instructions of his employer concerning the performance
of the agreed work, within the limits of the worker's safety,
provisions of laws in force and general rules of moral conduct.
(2) keep the industrial and commercial secrets of his employer
and refrain from disclosing them in any way, even after the expiry
of the contract of employment, as stipulated in an agreement thereon
or in accordance with common practice;
(3) take adequate care of all items he receives to perform
his work such as his working tools, materials or utensils;
(4) undergo, before or after commencing work, the medical
check-up required by his type of work to ascertain that he does
not have any occupational or contagious diseases.
Section 20
(1) Subject to the provisions of paragraph (2) of this section,
an employer shall have no claim over a new invention made by a
worker even where the worker has developed it in the course of
his work. Priority in the sale of the invention shall, however,
be given to the employer.
(2) Where the nature of the tasks assigned to a worker require
him to put effort into the development of an invention, he may
be entitled to a share in the interests arising out of the invention.
That share shall not exceed 50% (fifty percent) and shall be assessed
taking into consideration the mental and physical effort made
by the worker, and the materials, tools, installations and other
facilities provided by the employer.
Section 21
A contract of employment shall be considered terminated if:
(1) both parties agree to terminate it;
(2) the duration of the contract has expired or the work itself
has been completed;
(3) the worker dies or is no longer capable of working due
to a disease or disability certified by the medical authority.
Section 22
The death of an employer shall not bring about the termination
of the contract of employment unless the contract took into consideration
the personality of the employer.
Section 23
(1) If one of the two parties to a contract of employment
of indefinite duration wishes to terminate it, such party shall
give the other party written notice to that effect at least one
month in advance. Notice can then only be withdrawn with the approval
of both parties.
(2) Such contract of employment shall remain in force throughout
the notice period which shall be considered as part of the period
of service.
(3) If notice is given by the employer, he may release the
worker from work for the duration of the notice period, or he
may not do so except for the last seven days of that period. In
any case, the worker shall be entitled to his remuneration for
the notice period.
(4) If it is the worker who gives notice, and he leaves work
before the end of the notice period, he shall not be entitled
to any remuneration for the period of absence and shall compensate
the employer by paying him the equivalent of his own remuneration
for that period.
Section 24
Subject to the provisions of section 31 of this Code, no worker
may be dismissed and no disciplinary measures may be taken against
him for reasons related to complaints or claims submitted by him
to the appropriate bodies, in relation to the non-application
of the provisions of this Code with regard to him.
Section 25
If a worker institutes judicial proceedings within sixty days
of his dismissal, and a competent court finds the dismissal arbitrary
and in violation of the provisions of this Code, the employer
may be ordered to reinstate the worker or pay him damages, in
addition to compensation in lieu of notice and all other entitlements
stipulated in sections 32 and 33 of this Code, provided that the
total amount awarded shall not be less than the worker's remuneration
for three months and not more than his remuneration for six months,
and shall be calculated on the basis of the last remuneration
he received.
Section 26
(1) If a contract of employment for a specified period is
terminated before its expiry date by either the employer or the
worker for any of the reasons set forth in section 29 of this
Code, the worker shall have the right to receive all his entitlements
and benefits as stipulated by the contract. He shall also be entitled
to receive any remuneration payable to him throughout the remaining
period, unless the termination of the contract is considered as
a dismissal, in accordance with the provisions of section 28 of
this Code.
(2) If a contract of employment for a specified period is
terminated by a worker for none of the reasons set forth in section
29 of this Code, the employer may claim damages from the worker.
Such damages shall be assessed by a competent court. The worker
shall not be ordered to pay more than the equivalent of half his
remuneration for every month remaining in the contract period.
Section 27
(1) Subject to the provisions of paragraph (2) of this section,
an employer may not terminate the employment of a worker or give
the latter notice, if the worker is:
(a) a pregnant woman who has reached at least her sixth month
of pregnancy, or a woman on maternity leave;
(b) performing military or reserve service;
(c) on annual or sick leave, on leave granted for worker education
or pilgrimage or on leave agreed by both parties to take up trade
union office or studies in a recognized institute, college or
university.
(2) An employer shall be freed from the obligation stipulated
in paragraph (1) of this section if the worker is employed by
another employer during any of the periods mentioned therein.
Section 28
An employer may dismiss a worker without notice, if:
(1) the worker assumes false identity or submits false certificates
or documents with the purpose of acquiring a benefit or causing
prejudice to others;
(2) the worker fails to fulfill the obligations stipulated
in the contract of employment;
(3) the worker commits a fault causing the employer considerable
material damage, provided that the employer notifies the appropriate
bodies of the accident within five days from the date on which
he learns of its occurrence;
(4) the worker, in spite of receiving two written warnings,
fails to observe the internal regulations of the establishment,
including safety regulations;
(5) the worker is absent from work without good cause for
more than twenty days intermittently, during any one year, or
for more than ten consecutive days, provided that, prior to the
dismissal, written notice is sent to his address by registered
mail and published, at least once, in a daily local newspaper;
(6) the worker discloses work secrets;
(7) a court, in a final judgment, finds the worker guilty
of a criminal offense or a misdemeanor involving dishonorable
or immoral conduct;
(h) the worker is found at work in a manifest state of intoxication
or under the influence of any drugs or psycho-tropic substances,
or if he has committed, at the workplace, an act violating principles
of moral conduct;
(a) the worker strikes or insults the employer, the manager
in charge, a superior, a fellow worker or any other person in
the course or on account of work.
Section 29
A worker shall be entitled to leave his employment without giving
notice while preserving his legal rights to end of service indemnities
and entitlements to damages, if:
(1) he is employed in work markedly different in nature from
that agreed in the contract of employment, unless it is for reasons
stipulated in section 17 of this Code;
(2) he is employed in conditions necessitating a change of
residence, unless such a change is stipulated in the contract;
(3) he is downgraded from the agreed level of employment;
(4) his remuneration is lowered, unless it is for reasons
stipulated in section 14 of this Code;
(5) a medical report issued by a medical authority, proves
that his work, if continued, could be hazardous to his health;
(6) the employer, or the person acting on his behalf, strikes
or insults the worker in the course or on account of his work;
(7) the employer fails to comply with any provisions in this
Code or any regulations issued thereunder, provided that he has
received notification from the appropriate body in the Ministry
calling for compliance with such provisions.
Section 30
An employer shall, if a worker so requests, give the latter, upon
termination of his employment, a certificate of employment specifying
the worker's name, his type of work and the dates on which he
entered and left employment. The employer shall also be under
the obligation to return to the worker any papers, certificates
or tools deposited with him by the worker.
Section 31
(1) An employer may terminate or suspend all or some contracts
of employment of indefinite duration, if economic or technical
conditions were to require it, such as a reduction of the workload,
the replacement of the old production system by a new one or the
total stoppage of work, provided that the Ministry is duly notified.
(2) The Minister of Labour may set up a tripartite commission
to examine the validity of such measures.
(3) Workers whose employment has been terminated in accordance
with paragraphs (1) and (2) of this section shall be entitled
to return to work within one year, if work resumes its normal
course and it is possible for the employer to reemploy them.
(4) A worker whose contract of employment is suspended in
accordance with paragraph (1) of this section shall be entitled
to leave work without notice while retaining his legal rights
with respect to the end of service.
Section 32
Subject to the provisions of section 28 of this Code, a worker
employed for an indefinite duration and not covered by the Social
Security Law, shall, if his employment is terminated for any reason
whatsoever, be entitled to receive his end of service indemnity
which shall be calculated on the basis of the last remuneration
the worker received and at the rate of one month's remuneration
for every year of effective service and a proportionate indemnity
for any fraction of a year of such service. If the worker is paid
wholly or partly by piece-rate or commission, his indemnity shall
be calculated on the basis of the average monthly remuneration
he effectively received over the last twelve months of his employment,
or, if his service did not extend over such a period, the average
monthly remuneration he received for the duration of his service.
In the calculation of the end of service indemnity, any intermittent
periods of work, not separated by more than one month, shall be
considered as a continuous period of employment.
Section 33
(1) In addition to his end of service indemnity, a worker
covered by a special scheme of savings, pension or other such
funds in his establishment shall, at the end of his service, receive
any allowances he is entitled to under such a scheme.
(2) The regulations governing funds mentioned in paragraph
(1) shall be subject to approval by the Minister.
Section 34
In case of a worker's death, all his end of service entitlements
stipulated in this Code shall revert to his legal heirs, as if
his employment had been terminated by the employer, as well as
all allowances from funds mentioned in section 33 of this Code.
Section 35
(1) An employer may employ any worker on a trial basis to
verify his competence and capacities for the work that is required
of him, provided that the trial period shall not, in any case,
exceed three months and that the above-mentioned worker shall
not be paid less than the fixed minimum remuneration.
(2) The employer shall have the right to terminate the employment
of a worker under probation without notice or indemnity during
the trial period.
(3) If a worker continues work after the end of his trial
period, his contract of employment shall be considered of indefinite
duration and the trial period shall be considered as part of the
service period of the worker with the employer.
(1) A vocational training contract entered into by a worker
and an employer shall be concluded in writing. The trainer shall
have sufficient qualifications and experience in the profession
or craft in which the trainee is intended to be trained and the
establishment shall fulfill the required conditions for training.
(2) Vocational training contracts shall be drawn up in accordance
with the format and terms prescribed by the Vocational Training
Institution in instructions issued for that purpose and published
in the Official Gazette. Such contracts shall be free from stamp
duty.
(3) Trainees having attained eighteen years of age shall enter
into the contract directly. Minors shall be represented by their
guardian or trustee.
Section 37
Vocational training contracts shall specify the duration and stages
of training as well as the level of remuneration at each training
stage. Remuneration in the last stage shall not be less than the
minimum remuneration granted for similar work, and shall in no
case be calculated on a piece-rate or productivity basis. Training
shall be dispensed in accordance with the Vocational Training
Institution programs as found in instructions issued for that
purpose and published in the Official Gazette.
Section 38
A vocational training contract may be terminated by either party,
if:
(1) one of the two parties violates the provisions of this
Code or the regulations issued thereunder;
(2) one of the two parties fails to discharge its duties in
accordance with the terms of the contract;
(3) it is impossible to execute the terms of the contract
due to reasons beyond the control of one of the parties;
(4) the employer transfers the training place specified in
the contract, and such a transfer raises difficulties for the
trainee or is prejudicial to his interests; the trainee may not
invoke such a reason if one month has already elapsed from the
date of his transfer to the new training place;
(5) the continuation of the work of the trainee is hazardous
to his safety or health, as certified by the report of a labour
inspector or by a medical report issued by an approved medical
commission.
Collective agreements shall be drawn up in at least three original
copies. Each party shall retain one copy and the third shall be
deposited with the Ministry, to be kept in a special register.
Such agreements shall be binding from the date specified therein
or, in the absence of such a date, from the date on which they
are registered in the Ministry.
Section 40
Collective agreements may be for a specified period or of indefinite
duration. In the first case, the specified period shall not exceed
two years. In the second, either party shall have the right to
terminate the agreement after it has been implemented for at least
two years, by giving the other party notice to that effect at
least one month before the termination date. The Ministry shall
be notified accordingly by a copy of the above-mentioned notice.
Section 41
(1) If, in accordance with the provisions of section 40 of
this Code, a collective agreement expires or is terminated by
one of the two parties, and negotiations are being conducted to
renew, extend or amend the agreement, it shall remain in force
throughout the duration of the negotiations, but not for more
than six months. If negotiations are not completed during such
a period, the agreement shall be considered to have expired.
(2) The expiry of a collective agreement shall not entitle
the employer to undermine, in any way, the rights acquired by
workers who had been covered by the agreement.
Section 42
(1) A collective agreement shall be binding on:
(a) employers and their successors, including their heirs
and the persons to whom the establishment has been transferred
in any way, including by way of merger;
(b) workers covered by the agreement, even after they withdraw
from their trade union, or their trade union withdraws from the
federation party to the collective agreement, if they had been
members of the trade union or the trade union had been a member
of the federation at the time when the agreement was entered into;
(c) workers in any establishment that is covered by the provisions
of the agreement even if they are not members of any trade union;
(e) workers in any establishment that is covered by the provisions
of the agreement, having entered into less favorable individual
contracts of employment with the establishment.
(2) Any clause in an individual contract of employment, entered
into by persons covered by a collective agreement, shall be null
and void if it runs counter to the collective agreement, unless
it is more favorable to the workers.
Section 43
Upon the request of any employer or worker and after due examination
of such a request, including the consideration of recommendations
of a commission set up by the Minister with the participation
of the employers and workers concerned, the Minister may decide
to expand the scope of application of any collective agreement
that has been executed for at least two months, so as to render
it, with all its clauses, binding on all employers and workers
in a specific sector or a group of employers and workers, in all
regions or in a specific region. Decisions taken pursuant to this
section shall be published in the Official Gazette.
Section 44
The Minister shall issue instructions specifying the manner in
which collective agreements shall be registered and joined and
in which copies shall be made thereof as well as any other relevant
organizational matters. An announcement indicating the existence
of a collective agreement, the parties to it and the date and
place at which it was concluded, shall be posted inside the establishment
and at all working places.
Remuneration shall be specified in the contract. In the absence
of such provision, the worker shall be paid the remuneration that
would be assessed for work of the same type, if such type of work
exists. Otherwise, remuneration shall be assessed in accordance
with common practice. In the absence of such practice, payable
remuneration shall be assessed by court in accordance with the
provisions of this Code, considering the case as a labour dispute
over remuneration.
Section 46
(1) Remuneration shall be paid within a period not exceeding seven
days from the date on which it becomes payable. An employer may
not make any deductions therefrom other than those authorized
by this Code.
(2) the presence of a worker's signature on any statement or record
of remuneration, or any receipt for a specified amount, shall
not extinguish his right to any sum additional to the payment
made, by virtue of law, regulations or contract.
Section 47
No deductions shall be made from a worker's remuneration, except:
(1) for the recovery of advances, provided that no single
deduction shall exceed 10% of the worker's remuneration;
(2) for the adjustment of overpayments;
(3) in respect of social security contributions payable by
the worker, or other deductions prescribed by other laws;
(4) in respect of the worker's contributions to a savings
fund;
(5) in respect of housing accommodation and other amenities
and services provided by the employer, at such rates or percentages
as agreed upon by the two parties;
(6) to pay a debt in execution of a court decision;
(7) for payments imposed on the worker, in accordance with
the provisions of this Code, for a breach of the internal regulations
of the establishment or the contract of employment, or as compensation
for damage caused by his negligence or fault on any materials
or tools.
Section 48
No disciplinary measures shall be taken and no fines shall be
imposed by an employer on a worker for an offense that is not
stipulated in the regulation of disciplinary penalties approved
by the Minister, while taking account of the following:
(1) no worker shall, in any one month, be fined more than
three days' remuneration or suspended without remuneration for
more than three days; in any case, he shall first be given an
opportunity to show cause against the penalty and shall be entitled
to make opposition to it before the labour inspector within one
week of notification;
(2) no disciplinary measures shall be taken and no fines shall
be imposed on a worker for any offense stipulated in the approved
regulation of disciplinary penalties if fifteen days have elapsed
since the offense was committed;
(3) fines imposed in accordance with this section shall be
entered in a special record stating the name of the worker, his
remuneration and the reasons for which he was fined. Such fines
shall be used to provide social services to workers in the establishment
as prescribed by the Minister.
Section 49
If it is established that a worker was responsible for misplacing
or damaging tools, machines or products in the ownership or possession
of the employer or under the care of the worker, and if such loss
or damage was caused by the worker's fault or violation of the
employer's instructions, the employer may deduct from the worker's
remuneration the value of the loss or damage or the cost of repairs,
provided that such a deduction does not exceed five days' remuneration
in any one month. The employer shall have the right to seek remedy
for damage caused by the worker in an ordinary competent court.
Section 50
If an employer is forced to stop work temporarily for reasons
that cannot be attributed to him and which are beyond his control,
workers shall be entitled to full remuneration for no more than
the first ten days from the date on which work stopped in any
one year and half their remuneration for the remaining period.
The total remunerated period with full work stoppage shall not
exceed sixty days in any one year.
Section 51
(1) Notwithstanding the provisions of any other law, remuneration
and payments due under this Code to a worker or, after his death,
to his heirs or dependents, shall be deemed first-class privileged
debts preferred over all other debts, including taxes, duties
and any other government dues as well as debts guaranteed by mortgage
or security.
(2) In case of the liquidation of an establishment or bankruptcy
of an employer, the liquidator or bankruptcy administrator shall
immediately, upon taking possession of the employer's estate,
pay the worker, or his heirs, the equivalent of one month's remuneration
out of the amounts due to him, before settling any other payments,
including court, bankruptcy or liquidation costs.
Section 52
(1) The Council of Ministers shall, upon the recommendation
of the Minister, set up a committee consisting of representatives
of the Ministry, workers and employers in equal numbers and appoint
a committee chairman from the committee's members. The committee
shall be in charge of fixing minimum remuneration in Jordanian
currency either generally or for a particular area or trade. Members
of the committee shall hold a two-year renewable mandate.
(2) The committee shall hold session as necessary upon invitation
by its chairman, and shall submit decisions not adopted by unanimity
to the Minister, to be referred to the Council of Ministers which
shall adopt its decision taking into consideration the cost of
living estimated by the appropriate bodies. Final decisions adopted
under this Code and their date of entry into force shall be published
in the Official Gazette.
Section 53
An employer, or person acting on his behalf, who has paid a worker
less than the minimum rate of remuneration shall be punishable
by a fine of no less than twenty five and no more than one hundred
Dinars in respect of each offense, and shall also be ordered to
pay the worker the difference. The penalty shall be doubled every
time the offense is repeated.
Section 54
(1) Upon recommendation by the Minister, the Council of Ministers
may set up a body called the Remuneration Authority, consisting
of one or more labour experts and specialists to hear claims in
respect of remuneration in a particular region, including claims
regarding underpayment, unlawful deductions, delayed payment or
overtime. Such claims shall be settled by summary process and
shall only be receivable, if the worker has remained in the same
employment or no more than six months have elapsed since the termination
of his employment. If that condition is not fulfilled, the worker
shall have the right to take his case to an ordinary competent
court.
(2) The Remuneration Authority shall not be bound to adopt
the proceedings and procedures of ordinary courts, but shall have
the competence of the ordinary courts to:
(a) summon any person, to hear his testimony under oath, and
to have him brought by the competent security forces if he fails
to appear before it;
(b) order the parties concerned, to submit any documents or
information it deems necessary to settle the case.
(3) Action shall be brought in writing by the worker himself
or by a trade union on his behalf. A single action may be brought
by a number of workers employed in the same establishment and
having the same cause for action. Each of the two parties to the
dispute shall have the right to authorize a representative to
act on its behalf before the competent remuneration authority.
(4) The Remuneration Authority may demand that the employer
pay the worker, within a specified time-limit, any unlawful deductions,
unpaid remuneration or remuneration which has fallen due for payment
or in arrears. It may also award the worker damages that it shall
assess, provided that the amount of damages shall not exceed the
amounts deducted or unpaid in the claim period, and that the employer
shall not be required to pay damages in respect of underpaid or
delayed remuneration if the Authority is satisfied that the delay
was due to a bona fide error, a dispute as to the payable amount,
an emergency or the failure of the worker to request or accept
payment of his remuneration.
(5) Cases shall be heard by the Remuneration Authority in
the presence of the parties or persons acting on their behalf.
If the worker who brought the action fails to appear, the case
shall be extinct. If the employer against whom action has been
brought fails to appear, but the worker is present, then the case
shall be heard. The decision of the Authority shall in that case
be taken in absentia and fall in favor of the worker. An appeal
may be filed against the Authority's decision before the Appeal's
Court within ten days of notification, provided that the amount
awarded to the worker exceeds one hundred Dinars.
(6) Decisions of the Remuneration Authority shall be executed
by the enforcing authorities in the same manner as those issued
by ordinary courts, provided that the amounts awarded are not
payable by installments.
(7) Actions brought before the Remuneration Authority by workers
and decisions referred to the enforcing authorities by the Remuneration
Authority for execution, shall be exempt from legal fees and stamp
duty.
(h) The Authority and its staff shall receive payment as decided
by the Minister, taking into consideration the number of cases
submitted to and settled by the Authority, provided that it did
not discharge its functions during official working hours.
Any employer having ten or more workers in his employment shall,
to organize work in his establishment, draw up internal regulations
stating daily and weekly work and rest periods, work offenses,
and penalties and measures taken to that effect including dismissal,
as well as the manner in which such measures are implemented and
any other details relevant to the nature of the work of the establishment.
Such internal regulations shall be submitted to the Minister for
ratification and shall be in force from the date of ratification.
Section 56
Normal working hours shall be eight hours a day and shall not
exceed in any one week forty eight hours over a maximum of six
days, excluding meal breaks and rest periods. Working hours shall
not exceed that limit except in cases stipulated by this Code.
Section 57
A worker may be employed by an employer in excess of normal working
hours, provided that he is paid overtime in accordance with this
Code, in any of the following cases:
(1) to perform the annual inventory, finalize the budget or
close the accounts of the establishment, or to prepare for a sales
period, provided that such work shall not account for more than
thirty days a year and that maximum effective hours of work on
any such day shall not exceed ten hours.
(2) to avoid losses in goods or any perishable material, for
the prevention of any technical hazards related to a technical
type of work or to receive, deliver or transport specific material.
Section 58
The provisions of sections in this Code relating to working hours
shall not apply to persons occupying supervisory or managerial
positions in any establishment, persons who work, in some cases,
outside the establishment or those whose duties involve travel
within the Kingdom or abroad.
Section 59
(1) A worker may be employed, with his consent, in excess
of normal working hours, provided that he is paid overtime at
a minimum rate of 125% of his regular remuneration.
(2) If a worker works on his weekly rest day or on religious
or official holidays, he shall be paid overtime at a minimum rate
of 150% of his regular remuneration.
Section 60
(1) Friday shall be observed as the day of weekly rest unless
the nature of work requires otherwise.
(2) A worker may, with the approval of his employer, accumulate
his weekly rest days to use them all together as leave, for a
period not exceeding one month.
(3) Weekly rest days shall be paid in full unless a worker
is employed on a daily or weekly basis. In such cases, he shall
be entitled to receive full remuneration for the weekly rest day
if he worked for six consecutive days before the specified rest
day, and partial remuneration proportionate to the number of days
worked, if he worked for three or more days.
Section 61
(1) Every worker shall be entitled to annual leave with full
pay for a period of fourteen days for every year of employment,
unless a longer period is agreed. Annual leave shall be extended
to twenty one days where the worker has been in the employment
of the same employer for five consecutive years. Official and
religious holidays and weekly rest days shall not be counted as
part of a worker's annual leave unless they fall in its course.
(2) If the period of service of a worker is less than one
year, he shall be entitled to paid leave, calculated proportionately
to the duration of his employment in that year.
(3) Upon agreement between a worker and employer, a worker's
leave for any year may be carried over to the following year.
A worker's right to take such delayed leave shall be extinct if
he does not request to take it during the year to which it was
carried over. An employer may not refuse the request of a worker
to take his delayed leave.
(4) An employer may, on the first month of the year, set the
date of annual leave for every worker, as well as the manner in
which it shall be taken, in accordance with work requirements,
while taking into consideration the interests of the worker.
Section 62
If a worker's annual leave is not taken all at once, no part taken
thereof shall be less than six days long.
Section 63
If a worker's employment is terminated for any reason before he
uses up his annual leave, he shall be entitled to receive his
remuneration for all remaining leave days.
Section 64
Any agreement by which a worker relinquishes his right to annual
leave in full or in part shall be null and void.
Section 65
Every worker shall be entitled to fourteen days a year of sick
leave with full pay on the basis of a report by the medical practitioner
approved by the establishment. Sick leave may be extended to a
further fourteen days with full pay if the worker is hospitalized
and with half pay if the worker is not hospitalized but provides
a report from a medical commission approved by the establishment.
Section 66
(1) Every worker shall be entitled to fourteen days a year
of paid leave on any of the following grounds:
(a) to follow a Ministry approved workers' education course,
upon his nomination by the employer or manager of the establishment
in coordination with the trade union concerned;
(b) to go on pilgrimage, provided that he has been in the
employer's service for at least five consecutive years. Such leave
shall only be granted once during the worker's period of service.
(2) Every worker shall be entitled to four months of unpaid
leave if he wishes to study in an officially recognized university,
institute or college.
Section 67
Every woman worker in an establishment employing ten or more workers
shall be entitled to a maximum of one year unpaid leave to bring
up her children. She shall have the right to be reinstated at
the end of her leave, but shall lose that right if she was engaged
in gainful employment during that period.
Section 68
Every worker, male or female, shall have the right to take unpaid
leave once for a maximum period of two years to accompany his
or her spouse if the latter is moved to a work place in a province
other than the one in which he or she normally works or abroad.
Section 69
Upon consultation with the competent official bodies, the Minister
shall adopt a decision specifying:
(1) industries and trades where women's work shall be prohibited;
(2) hours in which women may not be employed and exceptions
thereto.
Section 70
Women workers shall be entitled to maternity leave with full pay
for ten weeks including rest before and after delivery. Leave
after delivery shall be no less than six weeks long and employment
before the expiry of such a period shall be prohibited.
Section 71
After expiry of the maternity leave period prescribed in section
70 of this Code, every woman worker shall have the right, within
one year of delivery, to take time off with pay for the purpose
of nursing her newborn baby, provided that total time off does
not exceed one hour a day.
Section 72
Employers with at least twenty married women workers in their
employment shall provide an adequate facility under the care of
a trained nurse for the women workers' children under four years
of age, if at least ten of them are in such an age group.
Section 73
Subject to the provisions relating to vocational training, no
minor under sixteen shall be employed in any form.
Section 74
No minor under seventeen shall be employed for work involving
danger, hardship or health hazards. Such types of work shall be
defined by decisions issued by the Minister upon consultation
with the competent official bodies.
Section 75
The employment of minors shall be prohibited:
(1) in excess of six hours a day, and minors shall be granted
a rest period of at least one hour after four consecutive working
hours;
(2) between eight in the evening and six in the morning;
(3) on religious and official holidays and on weekly rest
days.
Section 76
Before employing a minor, an employer shall request him or his
guardian to submit the following documents:
(1) a certified copy of his birth certificate;
(2) a report of physical fitness for the proposed work, issued
by a specialized physician and certified by the Ministry of Health;
(3) the guardian's written consent to the work to be undertaken
by the minor in the establishment. All such documents shall be
kept in a special file together with adequate data about the minor's
place of residence, date of employment, occupation, remuneration
and leave periods.
Section 77
Any employer or manager of an establishment who violates any provisions
of this chapter or any regulations or decisions adopted thereunder,
shall be liable to a fine of no less than one hundred and no more
than five hundred Dinars. The fine shall be doubled every time
the offense is repeated and may not be reduced beneath the minimum
rate on any mitigating grounds.
(a) take the necessary precautions and measures to protect
workers against hazards and diseases that may result from work
or machines used therein;
(b) provide workers with the necessary personal material,
such as special clothes, glasses, gloves or shoes, to protect
them from work hazards and occupational diseases, and shall instruct
them in the use, maintenance, keeping and cleaning of such material;
(c) inform workers, before they take up work, of any occupational
hazards and precautionary measures to be taken, and shall post
up, in clear view, instructions and guidelines about occupational
hazards and protection methods, in accordance with the relevant
regulations and decisions;
(e) provide workers with first-aid material and equipment
in the establishment in accordance with standards prescribed by
a decision to be adopted by the Minister after consultation with
the competent official bodies.
(2) Workers shall not be liable for any costs resulting from
the implementation of paragraph (1) of this section.
Section 79
Upon consultation with the competent official bodies, the Minister
shall issue instructions prescribing:
(1) precautions or measures to be taken in all or any establishments
to protect workers and establishments against work hazards and
occupational diseases;
(2) equipment and material to be provided in all or any establishments
for the protection of workers from work hazards and occupational
diseases and the prevention thereof;
(3) conditions and standards that shall be met in industrial
establishments to provide an environment free of any form of pollution,
excessive noise and vibration or any potential health hazard for
workers, in accordance with adopted international standards. The
above-mentioned instructions shall also specify standard testing
and verification methods.
Section 80
Employers shall take the necessary precautions to protect establishments
and workers against fire and explosion hazards as well as dangers
resulting from the storage, transportation and handling of highly
inflammable products. They shall also provide adequate technical
material and equipment in accordance with the instructions of
the competent authorities.
Section 81
No employer or worker shall authorize any kind of alcohol, illegal
or dangerous drugs or psycho-tropic substances to be brought into
the work-place, or display any such substances therein, and no
person under the influence of alcohol or drugs shall enter or
stay on work premises for any reason whatsoever.
Section 82
Workers in an establishment shall abide by the rules, regulations
and decisions pertaining to accident prevention, occupational
safety and health and the use and maintenance of relevant equipment.
They shall also refrain from any act that may undermine the implementation
of such rules, decisions or regulations and shall not misuse,
damage or spoil such equipment. They shall, otherwise, be liable
to disciplinary measures prescribed by the establishment's internal
regulations.
Section 83
After consultation with the relevant bodies, the Minister may
issue instructions specifying types of work where a person cannot
be employed without a medical check-up to certify his physical
fitness for such work. Any instructions issued pursuant to this
section shall be published in two local daily newspapers and the
Official Gazette.
Section 84
(1) If an employer violates any provisions in this chapter,
endangering the workers, establishment or machinery, the Minister
may close down the establishment or place of work, totally or
partially, or suspend the operation of any machinery therein,
until the violation is ceased by the employer.
(2) The Minister shall not adopt any decision in application
of paragraph (1) of this section before notifying the employer
to cease the violation within a time limit identified in the notice,
taking into consideration the gravity of the violation and the
danger involved.
(3) Where an establishment or work-place is closed down or
the operation of machinery therein is suspended, the workers'
right to receive full remuneration throughout the closure or suspension
shall not be undermined.
(4) The Minister may institute judicial proceedings before
a competent court against the violator who, in such a case, shall
be fined no less than one hundred and no more than five hundred
Dinars. The fine shall be doubled if the offense is repeated and
may not be reduced below the fixed minimum rate for any reason
whatsoever.
Section 85
Upon the recommendation of the Minister, the Council of Ministers
shall issue the necessary regulations:
(1) to set up occupational safety and health committees, appoint
supervisors for public and private establishments and determine
the committees' and supervisors' terms of reference and functions;
(2) to prescribe appropriate preventive and therapeutic medical
care for workers, and the employers' obligations in providing
such care, describe the manner in which joint medical units can
be created and financed by two or more establishments, specify
technical equipment to be found in such units and fix regular
medical check-ups for workers.
(3) to regulate prevention and safety measures in the operation
of industrial machinery and at the work-place.
The provisions of this chapter pertaining to work injuries and
occupational diseases shall apply to workers not covered by the
Social Security Law in force.
Section 87
(1) If a worker sustains a work injury that results in his
death or involves a bodily injury that prevents him from continuing
work, the employer shall transport him to a hospital or medical
center, notify the competent security authorities of the accident
and send notice of the accident to the Ministry within a time
limit of 48 hours. The employer shall bear the costs of the worker's
transportation to the hospital or medical center for treatment.
(2) An employer, or manager or representative of an establishment,
who violates the provisions of paragraph (1) of this section shall
be liable to a fine of no less than one hundred and no more than
five hundred Dinars for each offense. The fine shall be doubled
if the violation is repeated.
Section 88
Employers shall be responsible for the payment of compensation
prescribed by this Code in the case where a worker develops an
occupational disease resulting from his work, as certified by
a report from the Medical Authority.
Section 89
Subject to the provisions of any other law or statute, the injured
worker or his dependents shall not have the right to claim from
the employer compensation not prescribed by this Code for a work
injury unless it was caused by the employer's fault.
Section 90
(1) Where a work injury results in the death or total disability
of a worker, the employer shall be liable to pay compensation
equal to the remuneration payable to the worker for one thousand
and two hundred working days, provided that such compensation
shall be no more than five thousand and no less than two thousand
Dinars.
(2) Where a work injury results in the temporary disability
of a worker, he shall be entitled to a daily allowance equivalent
to 75% of his average daily remuneration, as of the day on which
the injury was sustained and throughout the period of treatment,
as certified by a report from the Medical Authority, if he is
treated by a hospital as an out-patient. His allowance shall be
reduced to 65% if he is treated with an approved medical facility.
(3) Where the work injury results in permanent but partial
disability, certified by a report from the Medical Authority,
the worker shall be paid compensation in proportion to the degree
of disability as compared to compensation for total disability
prescribed in Table II of this Code.
(4) Where a single work injury involves more than one bodily
injury, the injured worker shall be entitled to compensation for
each bodily injury in accordance with the provisions of this Code,
provided that the aggregate amount payable does not exceed the
amount payable in the case of total disability.
Section 91
Compensation prescribed by this Code shall be calculated on the
basis of the last remuneration received by the worker. Where the
worker is paid at a piece-rate, compensation shall be calculated
on the basis of his average remuneration over the last six months
of work.
Section 92
(1) Compensation due under this Code shall be assessed upon
the request of the employer or the worker or his dependents. In
case of failure to reach agreement on compensation due, the Secretary
General, in his capacity as workers' compensation commissioner,
shall assess the compensation due and shall be deemed a party
to any legal action brought thereon. The Minister may appoint
other Ministry officials to perform the functions of the workers'
compensation commissioner in any region within the Kingdom. Compensation
shall be payable as a lump-sum within thirty days from the date
on which the parties concerned are notified of the commissioner's
assessment decision.
(2) Payment of compensation under this Code shall not deprive
workers or their dependents of their entitlements to end of service
indemnities.
(3) No legal action pertaining to compensation prescribed
by this Code shall be heard in court if a claim on the matter
is pending before a compensation commissioner.
Section 93
No claim for compensation in respect of any work injury shall
be receivable unless it is submitted to a commissioner within
two years of the date on which it was sustained or the injured
worker died. A commissioner may, however, deem a claim receivable
after the expiry of two years from the date on which the injury
or death occurred, if there was good cause for the delay in submission,
including the fact that the final consequences of the injury were
not definitively determined within that period.
Section 94
(1) Subject to paragraph (2) of this section, the injured
worker's rights to daily allowances and financial compensation
shall be extinct in the following cases but may be reconfirmed
by the findings of an investigation undertaken by the appropriate
bodies after hearing the employer or his representative and the
worker once he is fit to be heard:
(a) where a worker has been injured as a result of his own
willful act or gross fault or negligence;
(b) where the injury has been caused by the influence of alcohol,
drugs or psycho-tropic substances;
(c) where the injured worker has violated posted instructions
prescribing the treatment of his injury or industrial prevention
and security measures to be observed, and where that violation
had a bearing on the occurrence of the injury.
(2) the provisions of paragraph (1) shall not apply in any
work injury cases, including the cases mentioned in that paragraph,
if the injury results in the death or at least 30% permanent disability
of the injured worker. The latter or his dependents shall, in
such cases, be paid daily allowances or financial compensation
as appropriate.
Section 95
Compensation payable under this Code may in no case be charged
or attached except for payment of alimony, in which case only
a third of the amount of compensation may be charged or attached.
Compensation payable under this Code may further not be assigned
to any person other than the worker himself or his dependents
and no claim may be set off against it after the death of the
worker.
Section 96
Subject to the provisions of section 95 of this Code, compensation
payable on the death of a worker shall be apportioned among his
dependents in the manner specified in Table III of this Code.
(1) Workers in any trade may organize themselves in a trade
union in accordance with the provisions of this Code. Any worker
in such trade shall have the right to join the trade union if
he fulfills membership conditions.
(2) No employer shall make the employment of a worker subject
to the condition that he does not join a trade union or withdraws
from membership of a trade union, attempt to bring about the expulsion
of a worker from a trade union or cause prejudice to a worker's
rights by reason of his membership in a trade union or participation
in its activities outside working hours.
Section 98
(1) Subject to the provisions of paragraph (2) of this section,
a trade union may be established by at least fifty founding members
working in the same trade or engaged in similar or interdependent
occupations within one field of production.
(2) The Minister may, in agreement with the General Confederation
of Trade Unions, issue a decision classifying trades and industries
where workers are entitled to organize themselves in a trade union
and specifying groups of trades and industries where no more than
one general trade union may be established, covering all workers
in such groups, in view of their similarity, interdependence or
participation in a single or integrated field of production. Such
a decision may be applicable to already existing trade unions.
Section 99
(1) Trade unions shall work for the following objectives:
(a) protect the interests of workers in the trade and defend
their rights within the framework of this Code;
(b) provide health and social services to members and set
up clinics, social welfare organizations and consumer associations
for their benefit;
(c) raise the professional, economic and cultural level of
workers.
(2) A trade union may set up subsidiary branches within the
Kingdom. Rules and procedures governing the relationship between
the trade union and its branches shall be determined in its statutes.
Section 100
Upon consultation with the Ministry, the General Confederation
of Trade Unions shall draw up its statutes and those of the trade
unions. Trade union statutes shall include:
(1) the name of the trade union and the address of its head
office;
(2) the objectives for which the trade union is founded;
(3) admission and expulsion procedures;
(4) the manner in which union branches shall be established
in various regions of the Kingdom and conditions for the creation
of their committees as well as the procedures of the latter;
(5) the number of members on the administrative board and
their term of office, board election procedures, frequency of
board meetings, the manner in which board vacancies are filled
and the board's terms of reference;
(6) members' rights and obligations and cases where disciplinary
measures may be taken, including fines and expulsion;
(7) services and financial assistance provided to members
on an ad hoc basis, including participation in covering costs
of medical treatment and legal representation;
(8) conditions and procedures subject to which officers and
employees of the union may be appointed and dismissed;
(9) procedures regarding the trade union's assets, accounting
books and financial statements;
(10) procedures to convene the trade union's general assembly
in regular and extraordinary session.
Section 101
(1) Trade unions registered before the entry into force of
this Code shall be deemed to be registered thereunder.
(2) Employers' organizations registered before the entry into
force of this Code shall be considered as associations registered
thereunder.
(3) The above-mentioned trade unions and employers' associations
shall adjust their functioning, statutes and official names to
comply with the provisions of this Code within a period not exceeding
six months from the date of its entry into force.
Section 102
(1) Applications to set up a trade union or an employers'
association shall be submitted to the Registrar of Trade Unions
and Associations in the Ministry, signed by the founding members
and accompanied by the following:
(a) the union's or association's statutes, including name,
head office and address;
(b) the composition of the administrative board after the
first elections held by the founding members.
(2) The Registrar may demand from the administrative board
any additional information he deems necessary to examine the union's
or association's application and finalize the registration procedures.
(3) The Registrar shall issue his decision in respect of the
registration application of any trade union or association within
a period not exceeding thirty days from the date of submission.
If an application is approved, the Registrar shall issue a certificate
of registration for the trade union or association and his decision
shall be published in the Official Gazette. If the Registrar decides
to reject an application, the founding members may appeal to the
Supreme Court within thirty days from the date on which they are
notified of the decision.
(4) Any person who has suffered damage as a result of the
registration of a trade union or association may lodge an appeal
with the Supreme Court against the registration decision within
thirty days from the date of publication of the decision in the
Official Gazette.
Section 103
(1) A trade union or association shall carry the name it is
registered under and shall be considered a corporate body, in
which capacity it shall carry out all activities authorized under
this Code and any regulations issued thereunder, in accordance
with its statutes, from the date of:
(a) publication of the Registrar's decision to register the
trade union or association in the Official Gazette;
(b) the Supreme Court ruling to recall the Registrar's decision
refusing registration of the trade union or association; or
(c) expiry of the appeal period stipulated in section 102
of this Code.
(2) Trade unions and associations shall notify the Registrar
of any changes or amendments to their statutes within fifteen
days of their adoption.
Section 104
All communications and notifications addressed to a trade union
or association shall be sent to its registered address. The Registrar
shall be notified of any change of such address within seven days
and such changes shall be recorded in the trade union and association
register. Otherwise, the original registered address shall remain
valid.
Section 105
The Registrar shall cancel the certificate of registration of
a trade union or association if he has sufficient grounds to believe
that it has ceased to exist either by reason of voluntary dissolution
or by reason of dissolution by virtue of the provisions of this
Code or a court decision.
Section 106
A trade union or association may, with the consent of two-thirds
of the members whose contributions have been duly paid, be voluntarily
dissolved, in an extraordinary session of the general assembly,
convened for that sole purpose. In such a case, all its assets
and claims shall be liquidated and disposed of in accordance with
its statutes, and both the Minister and the General Confederation
of Trade Unions shall be notified of the dissolution decision
within fifteen days of its adoption. The decision shall further
be published in the Official Gazette.
Section 107
(1) If a trade union or association fails to submit to the
Ministry any notification, statement or regular budget or any
accounts or documents it is bound to submit under this Code or
regulations issued thereunder, the trade union or association
or its legal representative shall be liable to a fine of no less
than fifty and no more than one hundred Dinars. The fine imposed
may not be reduced for any reason.
(2) If a trade union or association violates the provisions
of its statutes, it shall cease such a violation within a period
not exceeding three months, either of its own accord or upon the
demand of the Ministry or General Confederation of Trade Unions.
If the violation is not ceased within that period, the Minister
or a person acting on his behalf shall institute judicial proceedings
before a competent court of first instance against the trade union
or association in respect of the above-mentioned violation. The
functioning of the trade union or association may be suspended
by court until its decision is issued.
Section 108
(1) Employers in any trade may organize themselves in an association
to promote their professional interests in respect of the application
of this Code.
(2) To be established, an employers' association shall have,
as founding members, at least thirty employers engaged in the
same trade or in similar or interdependent trades or in a single
field of production. Such occupational groups shall be defined
by a decision of the Minister, in agreement with the representatives
of the association. Any employer shall be entitled to join or
not join the association representing his trade.
(3) To be a founding member of or apply for membership in
an employers' association or a trade union, the following conditions
shall be met:
(a) to be of Jordanian nationality;
(b) to be no less than twenty-five years of age;
(c) not to have been convicted of a criminal offense or a
misdemeanor involving dishonorable or immoral conduct.
Section 109
Funds of a trade union may only be spent for lawful purposes relating
to the interests of the trade union, including:
(1) payment of salaries, allowances and expenses to union
employees and officers;
(2) administrative costs, including auditing fees;
(3) fees and expenses incurred in judicial proceedings instituted
by or against the union or any member thereof, where such proceedings
are concerned with the securing or protection of any union rights
or rights rising out of the relations of any member with his employer;
(4) expenses in respect of any labour dispute relating to
the union or any member thereof;
(5) compensation of members for any loss arising out of a
labour dispute;
(6) payment of grants to members of a trade union or their
family members in cases of death, old age, sickness, unemployment
or accidents;
(7) costs of educational and social services provided by the
union to its members.
Section 110
(1) Trade unions shall set up the General Confederation of
Trade Unions which shall be a corporate body, each trade union
preserving its own rights.
(2) The Confederation shall consist of the members of trade
unions affiliated thereto and shall have the same rights as a
trade union.
(3) In agreement with the General Confederation of Trade Unions,
two or more trade unions may set up a federation, provided that
each union obtains approval from its general assembly by a simple
majority and that the Registrar is informed accordingly in writing.
(4) The General Confederation of Trade Unions and registered
federations of trade unions shall have the right to affiliate
with any Arab or international workers' organization having lawful
objectives and means.
(5) The functioning of the General Confederation and trade
union federations shall be regulated by special rules issued for
that purpose.
Section 111
No officer or member in a trade union may be punishable or liable
to any legal or judicial proceedings by reason of an agreement
concluded by members of the trade union in respect of any lawful
purposes of the union, provided that such an agreement is not
in violation of laws and regulations in force.
Section 112
No trade union shall be deemed an unlawful organization on the
sole ground that any of its objectives are alleged to aim at restricting
freedom of trade.
Section 113
(1) Every trade union shall hold registers and books in accordance
with standards and conditions prescribed by the Minister.
(2) Labour inspectors may examine accounting books as well
as other records, registers and lists of members kept by a trade
union, and any union officer or member shall be entitled to examine
such books, records and registers and lists at such times as are
specified in the statutes of the union, provided that such inspection
take place on union premises.
Section 114
No person shall be elected to the membership of the administrative
board of a trade union if he is not a registered worker or full-time
employee therein, or if he has been convicted of a felony or of
an offense involving dishonorable or immoral conduct.
Section 115
A trade union may establish regional branches anywhere within
the Kingdom. Relations between a trade union and its branches
and between a trade union and the General Confederation of Trade
Unions shall be governed by the union's statutes.
Section 116
(1) The Minister may institute judicial proceedings before
the court of first instance for the dissolution of any trade union,
if it:
(a) violates any provision of this Code, provided that the
Minister had already sent the union, before instituting the proceedings,
written notice to cease the violation within a determined time-limit
and that the trade union did not respond to such notice;
(b) instigates walkouts, work stoppage, stay-in strikes or
demonstrations in cases where such actions are prohibited under
this Code or any other legislation in force;
(c) resorts to the use of force, violence, threats or any
other unlawful measures in infringing or attempting to infringe
upon a third party's right to work, or any other right.
(2) An appeal may be lodged with the Court of Appeals against
an order of the court of first instance to dissolve the trade
union, within thirty days from the date of its issue, if made
in the presence of the parties, or thirty days from the date of
notification of such an order if it was issued in a situation
tantamount to the presence of the parties. The decision of the
Court of Appeals shall be final.
Section 117
If a trade union is dissolved involuntarily for any reason, its
funds shall be deposited with a bank appointed by the General
Confederation of Trade Unions until such time as a new union is
established for the same trade or group of trades. If no such
trade union is established within one year from the date of dissolution
of the original union, the latter's moveable and non-moveable
property shall revert to the General Confederation of Trade Unions.
Section 118
(1) Every trade union shall submit to the Registrar before
the first of April of every year a copy of its regular budget,
drafted following an approved format and audited according to
the rules by a chartered accountant. The budget shall include
a statement of revenues, expenditures, assets and liabilities
for the past year until the thirty-first of December. The Registrar
may request from the union additional data or clarification regarding
the budget.
(2) The copy of the budget sent by the union to the Registrar
shall have attached a statement including names of employees and
all persons working in the union, as well as changes involving
them or their status during the budget year.
Section 119
(1) If a trade union fails to submit any notification, statement
or budget or any other document required by this Code or demanded
by the Minister or Registrar, the employee or person in charge
of submitting or sending such documents shall, under the statutes
of the union, be liable to a fine of no less than fifty and no
more than one hundred Dinars. The fine shall be doubled, with
reference to its maximum rate, if the offense is repeated.
(2) Any person who willfully enters inaccurate data into the
regular budget of a trade union or takes part in such an act,
misrepresents any provisions or amendments in the union's statutes
or takes part in such an act or omits any language in such statutes
shall be liable to a fine of no less than five hundred and no
more than one thousand Dinars or a prison sentence of no less
than three months and no more than one year. The penalty shall
be doubled with reference to its maximum limit if the offense
is repeated.
The Minister may appoint one or more Ministry officials as conciliation
officers to carry out mediation in the settlement of collective
labour disputes for the region that he specifies and duration
that he deems appropriate.
Section 121
(1) If a collective labour dispute arises, the conciliation
officer shall initiate mediation proceedings between the two parties
to settle the dispute. If the dispute is settled by means of a
collective or other agreement, the conciliation officer shall
keep a copy of the agreement ratified by both parties.
(2) If, for any reason, it is not possible to conduct negotiations
between the two parties or if negotiations that have been initiated
are not likely to lead to the settlement of the dispute, the conciliation
officer shall, within a period not exceeding twenty-one days from
the date on which the dispute was brought before him, submit a
report to the Minister describing the reasons of the dispute,
negotiations that have taken place between the two parties and
his own conclusions.
(3) If the Minister also fails to settle the dispute, he shall
refer it to a conciliation board that he shall set up, consisting
of:
(a) a chairman who shall be appointed by the Minister, and
who shall have no connection with the dispute or with trade unions
or employers' associations;
(b) two or more members representing employers and workers
in equal numbers, each party appointing its own representatives
on the board.
Section 122
(1) Where a labour dispute has been referred to a conciliation
board, the latter shall endeavor to bring about a settlement in
such manner as it deems fit. If it does reach such a settlement,
be it fully or partially, it shall send a report thereon to the
Minister, together with a memorandum of the settlement signed
by both parties.
(2) If the conciliation board fails to bring about a settlement
to the dispute, it shall send the Minister a report on the reasons
of the dispute, steps taken for its settlement, causes of the
failure to reach a settlement and the recommendations that the
board deems appropriate on the matter.
(3) In any case, the board shall complete conciliation procedures
and submit a report with its conclusions within a period not exceeding
twenty-one days from the date on which the dispute was referred
to it.
Section 123
Neither party to a labour dispute brought before a conciliation
officer or board may be represented by a lawyer.
Section 124
(1) If the conciliation board fails to put an end to a collective
labour dispute, the Minister shall refer the dispute to an industrial
tribunal that shall be set up consisting of three ordinary judges
commissioned by the judicial council for that purpose, upon the
request of the Minister. The tribunal shall be chaired by the
most senior judge. It may hold session in presence of only two
of its members. If they fail to agree, the third judge shall be
invited to take part in hearing the case and issuing the award.
(2) Where a labour dispute has been referred to an industrial
tribunal, the tribunal shall conduct its proceedings expeditiously,
commencing consideration of the case within a period not exceeding
seven days from the date on which the dispute is referred to it.
Its award shall be issued and notified to the Minister within
thirty days from that date, and shall be final. No appeal may
be lodged against such a decision before any judicial or administrative
body.
(3) An industrial tribunal shall consider and settle a labour
dispute referred to it following such procedures as it deems fit
to do justice to both parties, while abiding by any special procedures
prescribed by this Code. Both parties may be represented in the
tribunal by one or more lawyers.
Section 125
An industrial tribunal or conciliation board examining a labour
dispute shall be vested with the following powers:
(1) to hear the testimony of any person and seek the opinion
of any expert on the dispute, under oath;
(2) to order any party to the dispute to produce any documents
or data at its disposal if the tribunal or board deems them necessary
for the consideration or settlement of the dispute.
Section 126
An industrial tribunal may, upon the request of the Minister or
any party to the dispute, interpret any award it has issued with
a view to dissipating any ambiguity, provided that the interpretation
does not move the award away from the conclusions reached initially.
The tribunal may also, of its own accord or upon the request of
the Minister or of one of the parties to the dispute and at any
time, correct mistakes or drafting or calculation errors that
it may have inadvertently overlooked in its decisions or awards.
Section 127
Industrial tribunals and conciliation boards shall hold session
in the Ministry which shall provide all administrative and logistic
facilities required by their work.
Section 128
(1) Reports of conciliation boards and awards of industrial
tribunals shall be in writing and shall be signed by all members
of the board or tribunal as the case may be. Awards of tribunals
shall be issued either unanimously or by majority. Every dissenting
member of a board or tribunal shall record his opinion in writing
in the report or award.
(2) Reports of conciliation boards and awards of industrial
tribunals shall be published in one or more local newspapers at
the expense of the parties to the dispute within thirty days from
the date on which the Minister receives the report or award.
Section 129
The chairman and members of an industrial tribunal and the chairman
of a conciliation board, as well as the clerks servicing the meetings
shall be paid as decided by the Council of Ministers, upon the
recommendation of the Minister.
Section 130
Settlements reached as a result of conciliation proceedings conducted
in accordance with this Code and industrial tribunal awards shall
be binding on:
(1) the parties to the labour dispute;
(2) the successors of the employer, including heirs to whom
the establishment concerned in the dispute has been transferred;
(3) all persons who were working in the establishment concerned
with the dispute or in any part thereof, as the case may be, on
the date on which the dispute arose, and all persons subsequently
employed in the establishment or any part thereof, if the settlement
report or industrial tribunal award decides so, on the condition
that no provisions in this Code or any regulations issued thereunder
stipulate otherwise.
Section 131
(1) The award of an industrial tribunal shall be in force
as of the date determined by the tribunal itself.
(2) The settlement reached as a result of conciliation proceedings
shall come into operation as of the date agreed upon by the parties
to the labour dispute. If no such date is agreed upon, the settlement
shall come into operation as of the date on which the settlement
report was signed. The settlement shall be binding on all parties
to it, in the terms it prescribes.
Section 132
While proceedings of a conciliation officer or board or an industrial
tribunal concerning a labour dispute are pending, no employer
shall:
(1) alter the terms of employment in force:
(2) dismiss any worker without written authorization from
the conciliation officer or board or the industrial tribunal,
as the case may be.
Section 133
(1) If a worker violates any provisions of a settlement or
award by which he is bound under this Code, he shall be liable
to a fine of no less than fifty and no more than two hundred Dinars,
the first time he commits such a violation. The fine shall be
doubled if the offense is repeated and may not be reduced beneath
the fixed minimum rate on the basis of any mitigating grounds.
(2) If an employer violates any provisions of a settlement
or award by which he is bound under this Code, he shall be liable
to a fine of no less than two hundred and no more than four hundred
Dinars, the first time he commits such a violation. The fine shall
be doubled if the offense is repeated and may not be reduced beneath
the fixed minimum rate on the basis of any mitigating grounds.
Section 134
No worker may go on strike and no employer may proceed to a lock-out:
(1) while proceedings concerning a dispute are pending before
a conciliation officer or board or an industrial tribunal;
(2) during a period in which a settlement or award is in force
and where the strike or lock-out is in connection with any matters
covered by such a settlement or award.
Section 135
(1) No worker shall go on strike without giving the employer
notice thereof at least fourteen days before the date set for
the strike. Where work is related to a public service, the notice
period shall be double.
(2) No employer shall proceed to a lock-out without giving
workers notice thereof at least fourteen days before the date
set for the lock-out. Where work is related to a public service,
the notice period shall be double.
(3) Other conditions and procedures relating to strikes and
lock-outs shall be determined in rules issued for that purpose.
Section 136
(1) If a worker goes on strike in a manner prohibited under
this Code, he shall be liable to a fine of no less than fifty
Dinars the first day and five Dinars for every subsequent day
on which he continues the strike, and shall be deprived of his
remuneration for days during which he is on strike.
(2) If an employer proceeds to a lock-out in a manner prohibited
under this Code, he shall be liable to a fine of five hundred
Dinars the first day and fifty Dinars for every subsequent day
on which he continues the lock-out, and shall be bound to pay
workers their remuneration for days during which the lock-out
is maintained.
Section 137
(1) The conciliation court shall be the competent court for
individual labour disputes, except for cases concerning remuneration,
where, in accordance with this Code, competence shall lie with
the Remuneration Authority. Such disputes shall be treated expeditiously
and each case shall be settled within three months from the date
on which it is brought to court.
(2) Appeal may be lodged against a court decision issued pursuant
to paragraph (1) of this section within ten days from the date
of issue, if made in the presence of the parties concerned, and
from the date of notification if the situation was tantamount
to their presence. The appeal shall be ruled on within thirty
days of its receipt.
(3) Cases brought before a conciliation court shall be exempt
from all duties, including those concerning the execution of its
decisions.
(4) Courts of first instance shall continue the examination
of labour related cases brought before them prior to the entry
into force of this Code.
Section 138
(1) No court shall take cognizance of any judicial proceedings
concerning any violation of this Code, or of regulations or instructions
issued thereunder, unless such proceedings are instituted within
one month from the date on which the violation is committed.
(2) No court shall take cognizance of any judicial proceedings
concerning claims over rights granted by this Code, including
payments of overtime, whatever their source or origin may be,
if two years have already elapsed from the date on which the grounds
for claiming such rights or remuneration arose.
Section 139
Any violation of this Code or any regulations issued thereunder,
for which no fine has been set, shall give rise to a fine of no
less than fifty and no more than one hundred Dinars, provided
that the person who committed the violation shall be liable to
the penalty prescribed by the penal code in force for such an
offense, if such a penalty is more severe than the one provided
for in this Code.
Section 140
The Council of Ministers may, upon the recommendation of the Minister,
issue such regulations as may be necessary for the implementation
of this Code.
Section 141
The Labour Code (Law no.21) of 1960 and all amendments made thereon
shall hereby be repealed while regulations, instructions and decisions
issued thereunder shall, if they do not run counter to the provisions
of this Code, remain in force for a maximum period of two years,
until such time as they are repealed or replaced by other provisions,
in accordance with this Code.
Section 142
The Prime Minister and ministers shall be in charge of the administration
of this Code.
