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Jordan. Labour Code, 1996
NATLEX database

Jordan

Labour Code, Law No. 8 of 1996. Dated 2nd March, 1996.


Index

Chapter I: Preliminary

Chapter II: Labour Inspection

Chapter III: Recruitment and Careers Guidance

Chapter IV: Contracts of Employment

Chapter V: Vocational Training Contracts

Chapter VI: Collective Agreements

Chapter VII: Protection of Remuneration

Chapter VIII: Organization of Work and Leave Time

Chapter IX: Occupational Safety and Health

Chapter X: Work Injuries and Occupational Diseases

Chapter XI: Trade Unions and Employers' Associations

Chapter XII: Settlement of Collective Labour Disputes


Chapter I: Preliminary

Section 1

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:

Section 3

The provisions of this Code shall apply to all workers and employers, except:

Section 4


Chapter II: Labour Inspection

Section 5

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:

Section 9


Chapter III: Recruitment and Careers Guidance

Section 10

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

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.


Chapter IV: Contracts of Employment

Section 15

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:

Section 20

Section 21

A contract of employment shall be considered terminated if:

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

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

Section 27

Section 28

An employer may dismiss a worker without notice, if:

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:

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

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

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


Chapter V: Vocational Training Contracts

Section 36

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:


Chapter VI: Collective Agreements

Section 39

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

Section 42

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.


Chapter VII: Protection of Remuneration

Section 45

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:

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:

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

Section 52

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


Chapter VIII: Organization of Work and Leave Time

Section 55

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:

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

Section 60

Section 61

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

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:

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:

Section 76

Before employing a minor, an employer shall request him or his guardian to submit the following documents:

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.


Chapter IX: Occupational Safety and Health

Section 78

Section 79

Upon consultation with the competent official bodies, the Minister shall issue instructions prescribing:

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

Section 85

Upon the recommendation of the Minister, the Council of Ministers shall issue the necessary regulations:


Chapter X: Work Injuries and Occupational Diseases

Section 86

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

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

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

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

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.


Chapter XI: Trade Unions and Employers' Associations

Section 97

Section 98

Section 99

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:

Section 101

Section 102

Section 103

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

Section 108

Section 109

Funds of a trade union may only be spent for lawful purposes relating to the interests of the trade union, including:

Section 110

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

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

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

Section 119


Chapter XII: Settlement of Collective Labour Disputes

Section 120

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

Section 122

Section 123

Neither party to a labour dispute brought before a conciliation officer or board may be represented by a lawyer.

Section 124

Section 125

An industrial tribunal or conciliation board examining a labour dispute shall be vested with the following powers:

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

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:

Section 131

Section 132

While proceedings of a conciliation officer or board or an industrial tribunal concerning a labour dispute are pending, no employer shall:

Section 133

Section 134

No worker may go on strike and no employer may proceed to a lock-out:

Section 135

Section 136

Section 137

Section 138

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.


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