1-what are the applications of this law?

The provisions of this law shall apply to all Employees and Employers with the exception of: -

a. Civil Servants and Municipal Employees.
b. Family members of Employer engaged in his project without pay.
c. Domestic Servants , Gardeners , Cooks and Persons employed in similar occupations.
d. Agricultural employees except those who areincluded under the provision of this law by resolution of the Council of Ministers upon the recommendation of the Minister.





2-What are the obligations of the employer towards the labor ministry inspection?

The Employer or whoever is acting for him shall:

-Send a notice to the Ministry or any of its Directorates in the work area, within the first month of each year, comprising the number of his employees, location of work of each of them, nature of his work, date of commencement of service and his wage.

-Keep in his establishment the records which he must maintain including the- records of employees and trainees





3-What are the provisions that govern the conditions of the non-Jordanian laborers stipulated in this law?

-It is not permissible to engage any non-Jordanian employee except with the approval of the Minister or whoever delegated by him provided that the work requires experience and capability which are not available with Jordanian employees or the available number thereof does not meet the need. Priority shall be given to Arab experts , technicians and labour.

-The non-Jordanian employee must obtain a work permit from the Minister or from whoever he delegates prior to his recruitment or engagement. The period of permit may not exceed one year renewable. . The Ministry shall charge the Employer a fee for the issue or renewal of the work- permit for every non-Jordanian employee including employees, Who are excluded from the application of this law in accordance with with this law. This fee shall be considered as an income to the Treasury. The amount of such fee shall be set out in regulation.* . The Minister may, upon the recommendation of the Ministry of Social

- Development, exempt the handicapped who is seriously handicapped or his guardian from the payment of none Jordanian work permit fee if the handicapped is permanently in bad need for assistance from third parties in order to carry out his daily life burdens if the tasks of the non jordanian employee is restricted to providing aid to the handicapped.

-The Employer or Manager of the Establishment shall be penalized, as the case may be , by a minimum fine of fifty Dinars for every month or part thereof for every none Jordanian employee who is employed in a manner which is in violation of the provision of this law . The fine may not be reduced below its minimum in any case or for any reason.

-The employment of non-Jordanian employee shall be considered a violation of this law if:

1-employment without work permit.
2- employment of the non-Jordanian without approval unless he was permitted from the competent entity in the ministry.

-The Minister shall issue a decision for deporting the employee who is violating the provisions of this article outside the Kingdom at the expense of the Employer or Establishment’s Manager. Such decision shall be executed by the competent authorities.





4- What are the provisions that shall govern the intellectual property rights issue in the workplace?

A.The intellectual property rights shall belong to the employer if it has been invented by the employee and was related to the employer's works, or if the employee used the employer's expertise, information, tools, machines, raw materials to create this invention, unless otherwise agreed in writing.

B- The intellectual property rights shall belong to the employee if it is not related to the employer's works, and the employee did not use the employer's expertise, information, tools, machines, raw materials to create this invention, unless otherwise agreed in writing.





5-What are the conditions that terminate the work contract?

The work contract shall terminate in any of the following cases:

a- If both parties agree on the termination thereof.
b-If the period of work contract expires or if the work itself is finished..
c-If the employee passes away,, disabled by illness or became incapacitated to work and this was substantiated by a medical report issued by a medical authority.





6-What is the criteria that should be followed when the employee or employer wishes to terminate the unlimited period work contract of employment? .

-If one of the Parties wishes to terminate the unlimited period work contract , he should notify the other party in writing of his intention to terminate the contract at least one month in advance and the notification may not be withdrawn except with the approval of both parties. .

-The work contract shall remain effective throughout the period of notice and such period shall be considered (a part) of the period of service

-If the notice is from the Employer, he may relieve the employee from the period thereof and may put him to work except during the last seven days thereof. The employee , in all cases shall be entitled to his wage for the period of notice

- If the notice is from the employee and he quitted the work prior to the expire of the notice pe­riod, he shall not be entitled to wages for the period of quitting of work and should compensate the Employer for such period the equivalent of his wage for such period.





7-What is the case if the court finds that a discharge of the employee was arbitrary?

If the competent Court finds, in a lawsuit instituted by the employee within sixty days from the date of his discharge, that the discharge was arbitrary and in violation of the provisions of this law, it may issue an order to the Employer to re-instate the employee in his original job or to pay him compensation in addition to (the payment) in link of notice and his other entitlements provided for under this law, that the amount of such compensation is not less than three months and not more than six months . The benefits shall be calculated on the basis of the last wage received by the employee




8-What are the consequences if the limited period work contract has been terminated?

-If the Employer terminates the limited period work contract prior to the expire of the period thereof or if the employee terminates it due to one of the reasons

- that could force the employee to quit work without notice and still retain his legal rights for the termination of service as well as the damages compensation accruing to him under this law-, the employee shall have the right to receive all the rights and benefits stipulated in the contract and shall be entitled to the wages that become payable up to the expire of the re­maining period of the contract unless the termination of the contract is a discharge decided by the employer without notice in specific cases under this law.

-If the termination of the limited period work contract has originated from the employee in the cases other than those provided for under of this law, the Employer may claim from him whatever damages that arise out of this termination as estimated by the competent Court provided that the amount of the judgment passed against the employee does not exceed the wage of one half month for every month remaining from the period of contract.





9-What are the cases that the employee may quit work without notice and still retain his legal rights for the termination of service as well as the damages compensation accruing to him?

A. When his employment in a job which is distinctly differs in type from the work agreed to be employed in pursuant to the work contract provided that due observance is made to the provisions of of this law.

B. To employ him in a form that initials him to change his residence unless stated otherwise in the work contract.

C. His transfer to another job in a lower grade than the job agreed to employ him in.

D. Reduction of his wages provided that due observance is made to the provisions of this law.

E. If it is substainted by medical report issued by a medical authority that his continuation in the work would threaten his health.

F. If the Employer or whoever represents him assaults him during work or due thereto by beating or humiliation.

G. If the Employer fails to execute any of the provisions of this law or any Regulation issued pursuant thereto provided that he had already received notice from a competent party in the Ministry requesting him to comply with such provisions.





10-What are the cases that the employer may discharge the employee without notice?

A. If the employee impersonates the personality or identity of another person or submits forged certif­icates or documents for the purpose bringing personal benefit for himself or in detriment of others.

B. If the employee does not fulfill the obligations consequent upon him under the work contract.

C. If the employee commits an error, which resulted in serious material loss to the Employer pro­vided that the Employer notifies the competent party or parties of the incident within five days from the time of his knowledge of the occurrence thereof.

D. If the employee violates the internal regulations of the Establishment including the safety condi­tions of work and employees despite his warning in writing twice.

E. If the employee absents himself without legitimate reason more than twenty intermittent days during the year or more than ten consecutive days provided that the discharge is preceded by a written warning to be mailed by registered post to his address and published once in one of the local dailies.

F. If the employee discloses the secrets of work.

G. If the employee is convicted, by a court decision which has become conclusive, of a felony or misdemeanor touching on honor and public moral.

H. If he is found unmistakably drunk or under the inthuence of narcotics or mentally influencing factor or committed an act which is improper to public morals at the place of work.

I. If the employee assaults the Employer, Manager in charge, one of his superiors, any employees or any other person during work or due thereto by beating or humiliating.





11-What are the exceptions to the termination of the work contract?

-The Employer may not terminate the service of the employee or serve notice upon him for the termination of his service in any of the following cases:

1. The pregnant working woman as of the sixth month of her pregnancy or during the maternity leave.
2. The employee who is on conscription or reserve service during such service.
3. The employee during his annual or sick leave or the leave granted to him for purposes of labor culture, , pilgrimage or during his mutually agreed upon leave to serve on full time basis for the syndication work or to join a recognized institute, college or university
4. the employee may not be discharged or a disciplinary actions taken against him for reasons relating to the complaints and claims submitted by the employee to the competent authorities which pertain to the application of the provisions of this law thereon.

-The Employer shall become non-liable to the previous provisions hereof if the employee is engaged by another Employer during any of the periods provided for under such paragraph.






12-When the employer can end or suspend the unlimited period work contract?

A. The Employer may terminate all or part of the unlimited period work contracts or suspend it if the economic or technical circumstances necessitate such termination or suspension such as decreasing the volume of work or replacing the production system by another one or permanent stoppage of work provided that the Ministry is notified thereof. B. The Minister of Labour may form a Committee from the three parts of production in order to ascertain the soundness of measures.
C. The employees whose service has been terminated according to paras( a & b) hereof shall enjoy (the right) of returning to work within one year from the date of their leaving the work if the work has regained its nature and it was possible for the Employer to employ them.
D. The employee whose work contract has been suspended according to para(a) hereof shall have the right to quit work without notice and still retain his legal rights for the termination of service.





13-When the employee is entitled for a terminal benefit, and at what rate?

The employee, who works for an indefinite period and is not subject to the provisions of the Social Security Law and his service terminates for any reason, shall be entitled to the terminal benefit at the rate of one month wage for every year of his actual service and shall be paid for the fractions of the year a proportionate terminal benefit. The terminal benefit shall be calculated on the basis of his last wage during the period of his employment. However, if the whole or part of the wage is calculated on commission or piece basis, the method adopted for the calculation of the terminal benefit shall be the monthly average of what the employee has actually received during the last twelve months preceding the termination of his service . If his service dose not reach this limit , the total monthly average ( shall be adopted) and the intervals that fall between one job and another and does not exceed one month shall be considered , upon the calculation of this terminal benefit, as if it is a continuing period of employment.





14-On what grounds the salary is determined?

-According to this law, the amount of wage shall be fixed in the contract. If the contract does not provide for it, the employee shall receive the wage estimated for a work of the same type. Otherwise,, it shall be estimated according to the custom. Should there be no custom, the Court shall estimate same pursuant to the provisions of this law as being a labor dispute on the wage. Moreover, as for the minimum wage, it was set by law at 80 JD per month (approximately $ 114). Maximum working hours are 8 per day and 48 per week. Overtime is payable at 125 percent of base pay (150 percent for holidays).

-The Wage should be paid within a maximum period of seven days form the date of its entitlement. The employer may not deduct any part thereof except in the cases permitted by the law.

-The employee’s signature on any wage statement, record or receipt in the amount of the sum recorded therein does not mean the dropping out of his right to any increase in the received amount pursuant to the Law, Regulation or Contract.





15-What are the conditions that allow the deduction from the employee's salary?

No amount may be deducted from the employee’s wage except in the following cases:-

a. Employer’s recovery of advances made to the employee whereby each installment recovered from the advance may not exceed (10%) of the wage.
b. Recovering any amount paid to the employee in excess of his entitlement.
c. Subscriptions of the social security, installment thereof which are payable by the employee and deductions to be made pursuant to the other laws.
d. Employee's subscriptions in the provident fund.
e. Subscriptions relating to the housing facilities provided by the Employer and other advantageous or services as per the rates or percentages agreed upon between the two parties.
f. Every debt collected in execution of a judicial judgment.
g. The sums imposed upon the employee because of his violation of the provisions of the Establishment’s internal regulations, work contract or in return of the materials or tools he had damaged due to his negligence or fault as per the special provisions provided for in this law.





16-What are the assignments and authorities of the Wages Authority, and when the employee can bring a lawsuit before it?

-The Council of Ministers may, upon the recommendation of the Minister, appoint an Authority from those experienced and competent in labor affairs that shall be called (Wages Authority) composed of one person or more to hear the lawsuits relating to wages in a specific area in­cluding the shortage in the paid wage, illegal deductions therefrom, delaying its payment or wages of overtime hours provided that it is summarily finalized.

-The wages Authority shall not be bound to apply the proceedings and practices followed in Courts. It shall have the same powers granted to the regular courts in the following matters:

1. Invite any individual to hear his testimony under oath and to summon him through the com­petent security authorities in the event of his failure to appear

2. Request the parties to the lawsuit to submit the documents and statements it deems necessary for the finalization of the lawsuit. -It shall be a pre-requisite for the acceptance of the lawsuit that the employee be in service, or no more than six months have elapsed on the termination of his work. If such conditions are not fulfilled, the employee may resort to the competent regular Court.





17-What are the provisions stipulated for the annual leave, sick leave, leave with pay, leave without pay for women, the working couple, The working woman who obtain a maternity leave, the working woman who take a period or pe­riods for the purpose of nursing her newborn?

As for the annual leave:

A. Every employee shall be entitled to a fourteen day annual leave with full pay for every year of service unless it has been agreed on greater number thereof provided that the period of the annual leave shall become twenty one days if he remains in the service of the same Employer for more than five successive years. The official holidays , religious feasts and weekly holidays shall not be calculated of the annual leave unless it falls within same.

B. If the employee’s period of service did not reach one year, he shall have the right to obtain a leave with pay in proportion to the period of his service during the year.

C. It is permissible to postpone the Employee’s leave for any year by agreement between the Worker and Employer to the immediate coming year. The Employee’s right to the leave post­poned in this manner shall drop if the year to which it is postponed lapses and he did request the utilization of same during such year . The Employer may not reject the Employee’s request for the utilization of his leave
B. The Employer may fix, during the first month of the year, the date of each Employees’ annual leave, method of its utilization by the Employee in his Establishment according to the work requirements provided that due consideration is given to the employee’s interest.

-If the annual leave is not taken at one time, the part thereof may not be less, at any time, than six days. If the Employee’s service is terminated for any reason prior to utilizing his annual leave ,
- he shall be entitled to the wage for the unutilized days of such leave Any agreement stipulating the Employee’s waiver of his annual leave or of any part thereof shall be considered void.



2-As for the sick leave:

Every Employee shall be entitled to a fourteen-day sick leave with full pay per year based on a re­port from the Physician approved by the Establishment. It may be renewed for a further fourteen days with full pay if he is hospitalized in one of the hospitals and with one half pay if it is based on a report of a Medical committee approved by the Establishment and was not hospitalized in any hospital.

3- As for the leave with pay:

A. Every Employee shall be entitled to a fourteen day leave per year with pay in any of the following cases:

1.If he joins a labor cultural course approved by the Ministry upon the nomination of the Employer or Establishment’s Manager in coordination with the concerned Union.
2.For the performance of pilgrimage, it shall be a prerequisite for the granting of this leave that the Employee should have served at least five consecutive years with the Employer. This leave shall be granted once only during the period of service.

B. The employee shall have the right for a four months leave without pay if he joins an officially recognized University. Institute or College.



4-As for the leave without pay for women:

The Woman who works at an Establishment which engages ten employees or more shall have the right for a leave without pay for a maximum period of one year in order to devote her full time for looking after her children . She shall have the right to return to her work upon the expiry of this leave. provided that, she shall lose this right, if she works against payment during such period in any other establishment.



5-As for the leave for the working couple: Each of the working couple may obtain a leave once without pay for a period not exceeding two years to accompany his spouse if he is transferred to another work which is located outside the Governorate where he works within the Kingdom or to a job abroad.



6-As for the working woman who obtain a maternity leave: The working woman shall have the right to obtain a maternity leave totaling ten weeks with full pay prior to and after delivery provided that the period subsequent to delivery may not be less than six weeks , it shall be prohibited to put her to work prior to the expire of such period.



7-As for the working woman who take a period or pe­riods for the purpose of nursing her newborn: The working woman shall have the right, subsequent to the expiry of the maternity leave provided for under article (70) of this law, to obtain, within a year of the date of delivery, a period or pe­riods not exceeding one hour in total per day with pay for the purpose of nursing her newborn.