All posts by aridalegal

About aridalegal

Lawfirm in Jordan

Possession of Drugs in small amount is considered a criminal act.

If a person in Jordan was caught by police because of possession -for the first time- of a small amount of drugs for his own use not for distribution or trade, then he shall go to Jail to the general prosecutor who shall investigate with him, taking into consideration that the prosecutor has the right to keep him in the jail during investigation for 15 days.

Then the prosecutor shall send him to the State security court in Amman where they shall give the judicial decision.

According to the Jordanian laws, The penalty for possession the drugs is between 3 months to 2 years in Jail and penalty of 1000 JOD – 3000 JOD.  Approximately 1400 USD to 4200 USD.)

Please note that the lawyer shall meet the person in jail to sign a power of attorney to enable the lawyer to defend him in the case and follow up this matter.

In case the court decided of (( the penalty 3 months + 1000 JOD+ arrest of 3 months )) against the accused person, then the penalty should be paid, and we can ask the court to exchange the decision of arrest to a penalty of 2 JOD Per day which will be 180 JOD.

Author : Lawyer Tarik Arida

Please do not hesitate to contact us at: info@aridalegal.com

divorce in Jordan

There are Three basic ways to file a divorce case:

Divorce can be made by empowering a lawyer in Jordan.

For more details please do not hesitate to contact us at :

info@aridalegal.com    – specialist lawyer Mohammad Mashaal.

or contact us at : 00962795759801   -specialist lawyer Mohammad Mashaal.

1-    First option : the woman can file a divorce case based on that she do not want to continue her marriage life only , and as a result she will waive her rights which is agreed in the marriage certificate. ( The estimated time t finalize the divorce and get divorce certificate using this option will be 3 – 5  moths.)

And in this case she is not requested to come to Jordan to attend any court session.

Please be advised also that in this option, the woman have to return him back what she received from her husband which is written in the contract.

For example if the woman received a Golden Lera  , and if she lost it then she would compensate her husband for this around (150 – 250 JOD )only.

 

For more details please do not hesitate to contact us at :

info@aridalegal.com     – specialist lawyer Mohammad Mashaal.

or contact us at : 00962795759801   -specialist lawyer Mohammad Mashaal.

2-    The second :  is to file a divorce case where the woman based on fights between her and her husband . and as a result she ask for the rights which are agreed in the marriage certificate. ( The estimated time t finalize the divorce and get divorce certificate using this option will be 6-12 moths.)

Taking into consideration that in this case you are might be requested to come to Jordan to attend the court session.

Monthly expenses for the wife:

Regarding  the nafaqa ( monthly Expenses) for the kids and wife, then it is possible to file along with the divorce case ( nafaqa) case in which we shall ask for monthly expenses for the children according to the financial situation of your husband, also we shall ask for a monthly expenses for the wife during the time of the law suit till she got the final divorce.

For more details please do not hesitate to contact us at :

info@aridalegal.com     – specialist lawyer Mohammad Mashaal.

or contact us at : 00962795759801   -specialist lawyer Mohammad Mashaal.

 

The third option:

 

If both the wife and the husband agreed for divorce then the lawyer must submit a request to the court to register the agreement for divorce.

That the husband and the wife will agree for divorce and this shall be written down in the divorce paper.

The estimated time for finalizing registering the divorce in this way is 48 – 72 working hours.

 

Establishing operation foreign company in Jordan

Please find below some information of establishing operation foreign company in Jordan:

  • An Operating Foreign Company means a Company or an entity which is registered outside the Kingdom, whose headquarters is in another country and whose nationality is considered non-Jordanian.

Companies operating for limited period, which are awarded tenders in order for them to realize their work in the Kingdom for a limited period. Or that your company would be a sub-contractor with a Jordanian company who awarded tender.

Registration of a Foreign Company and Documents that should be Submitted to the Controller in the Ministry of Industries and Trades in Jordan.

  • The registration application for the Foreign Company or entity shall be submitted to the Controller accompanied by the following data and documents, translated into Arabic, provided that the Arabic translation is certified by a Notary Public in the Hashemite Kingdom of Jordan.

1-A copy of the Articles and Memorandum of Association, or any other document related to its foundation, and showing the method of its foundation

2-The written official documents which certify that such Company has obtained the approval of the concerned authority in the Kingdom for the carrying out the work, and investing the foreign capitals therein in accordance with the legislations in force.

3-A list of the names of the members of the Board of Directors of the Company, or the management committee or the partners, as the case may be, along with the nationality of each one of them in addition to the names of the persons who are authorized to sign on behalf of the Company

4-copy of the power of attorney according to which the Foreign Company authorizes a resident of the Kingdom to carry out its activities and receive notifications on its behalf.

5-The financial statements for the last fiscal year of the Company at its headquarters certified by a licensed auditor.

6-Any other data or information whose submittal the Controller deems necessary. Such as the contract between your company and the Jordanian contractor.

  • The application for registration must be signed by the person authorized to register the Company before the Controller or the person authorized by him in writing or the Notary Public. The application must incorporate the fundamental information about the Company, especially the following:           

1.The name of the Company, its form and capital.

2.The objectives of the Company which it will realize in the Kingdom

3.Detailed information about the founders, partners or the Board of Directors and the share of each of them.

4.Any other data or information whose submittal is deemed necessary by the Controller.

  • Publishing in the official Gazette:

The Controller may accept or reject the registration of the Foreign Company or entity. In the event of the approval of registration, the legal registration procedures of the Company or entity in the Foreign Companies Register shall be completed, and shall be published in the Official Gazette upon collecting the legal fees.

  • The branch of the Foreign Company operating in the Kingdom, must announce in its official documents and correspondence the name of the foreign mother company, its nationality, its legal structure, address and capital in its country, and in the Kingdom, in addition to its branch registration number with the Controller
  • Registered Foreign Company Duties:

The Foreign Company or entity registered pursuant to the provisions of this Law shall undertake the following:

  • To submit to the Controller within three months from the end of each fiscal year its balance sheet and the profit and loss account of its operations in the Kingdom duly certified by a Jordanian licensed auditor.
  • To publish the balance sheet and the profit and loss account regarding its operations in the Kingdom in at least two local daily newspapers within sixty days from the date of submitting these statements to the Controller.
  • The Minister may exclude any Company from implementing the provisions of clauses (1) and (2) upon the recommendation of the Companies’ Controller
  • The Controller or his representative may inspect the Company’s books and documents and the Company should make such books and documents available at his disposal.

general Power of attorney

Special Power of Attorney

I, the Undersigned, ………………………………………….., hereby appoint, constitute and authorize Advocate ………………………………………… to be my attorney and act for me and on my behalf and stead as to defense, plea, and litigation in each and every legal action that has been initiated or will be initiated between myself and any persons in any merits before any of the courts of the Hashemite Kingdom of Jordan, whether courts of law or of Sharia of various degrees, types and functions; including courts of peace, first instance, appeal, cassation, remand, and correction, as well as before the Supreme Court of Justice of the Hashemite Kingdom of Jordan; and to claim legal interest, charges, expenses and attorney fees; and to refer to and before the competent departments of execution of the Hashemite Kingdom of Jordan; and to execute the judgments; and to submit pleadings and petitions and all necessary papers and documents; and to serve and accept notices; and to establish evidence; and to elect and remove experts and arbitrators; and to request, confirm and/ or lift the attachment; and to take part in litigation in the capacity of a third party; and to respond to third party’s objection; and to move for administering the oath; and to delegate others to do; and to make reconciliation, quitclaim and present acknowledgement without prejudice to third parties; and to move for calling into account; and to present and follow up and claim, petition, notarial notice, or any document of whatsoever nature; and to present by means of appeal or cassation all necessary documents and papers related to the said administrative and judicial proceedings of whatsoever type; and to designate evidence and present the same; and to challenge the evidence and witnesses of the opponents; and to serve and accept notices; and to make inspection, elect and remove experts, as well as to challenge them and their decisions; and to consent to arbitration, appoint and remove the arbitrator or arbitrators and umpires and plea before them; and to present objections and objections to third parties; and to move for impleading a third party; and to move for, fix and release the precautionary and procedural attachment and move for executive attachment; and to administer oath, specify the form thereof, accept or modify the form thereof, object thereto or abstain there from; and to move for transferring the action and recuse the judge; and to make reconciliation and representation without prejudice and discharge; and to refer to and plea before the departments of executions and appeal the decisions thereof; and to deny indebtedness, and to move for adjudication of bankruptcy and in all matters related to bankruptcy without limitation; and to execute any decision or any agreement made or to be made in my favor; and to accept and refuse settlement or move for custody and discharge; and to appeal the decisions issued by such department; and collect and receive all what is rendered in my favor or on which an agreement is made and give effective receipts on the same; and to defend me, move for innocence or no- responsibility; and to move for release under bail and appeal the same; and to request imposing a punishment and claim personal rights, damages and all other rights; to empower attorneys in all or some of the powers delegated hereunder, and all matters that are legally permitted to be delegated; and to authorize any persons and attorneys of his choice with all or some of the powers hereof and to dismiss them. This is a general, absolute and comprehensive power of attorney authorizing his deed, said and opinion with the Hashemite Kingdom of Jordan

 

Executed on this day …….. of ……………..

 

The Principal:

 

Advocate’s Attestation

قانون العمل

ان لصاحب العمل الحق بفصل العامل وفقا لقانون العمل الاردني ضمن حالات وردت على سبيل الحصر 

لصاحب العمل فصل العامل دون اشعار وذلك في اي من الحالات التالية :
أ . اذا انتحل العامل شخصية او هوية غيره او قدم شهادات او وثائق مزورة بقصد جلب المنفعة لنفسه او الاضرار بغيره.

ب. اذا لم يقم العامل بالوفاء بالالتزامات المترتبة عليه بموجب عقد العمل.
ج. اذا ارتكب العامل خطا نشا عنه خسارة مادية جسيمة لصاحب العمل بشرط ان يبلغ صاحب العمل الجهة او الجهات المختصة بالحادث خلال خمسة ايام من وقت علمه بوقوعه.
د. اذا خالف العامل النظام الداخلي للمؤسسة بما في ذلك شروط سلامة العمل والعمال رغم انذاره كتابة مرتين.
هـ. اذا تغيب العامل دون سبب مشروع اكثر من عشرين يوماً متقطعة خلال السنة الواحدة او اكثر من عشرة ايام متتالية على ان يسبق الفصل انذار كتابي يرسل بالبريد المسجل على عنوانه وينشر في احدى الصحف اليومية المحلية مرة واحدة.
و. اذا افشى العامل الاسرار الخاصة بالعمل.
ز. اذا ادين العامل بحكم قضائي اكتسب الدرجة القطعية بجناية او بجنحة ماسة بالشرف والاخلاق العامة.
ح. اذا وجد اثناء العمل في حالة سكر بيّن او متاثراً بما تعاطاه من مادة مخدرة او مؤثر عقلي او ارتكب عملاً مخلاً بالاداب العامة في مكان العمل.
ط. اذا اعتدى العامل على صاحب العمل او المدير المسؤول او احد رؤسائه او اي عامل او على اي شخص آخر اثناء العمل او بسببه وذلك بالضرب او التحقير

في حال لديك أي استفسار فارجو عدم التردد بالاتصال بمكتبنا من خلال هاتف رقم 795759801-00962 او البريد الالكتروني info@aridalegal.com

المحامي طارق عريضة.

Domain name registration in Jordan

Domain name registration in Jordan
International firms with no presence in Jordan
The national Information Technology Center in Jordan is the registry and registrar for domain names under .jo – both at the first level and second level. NITC was granted the registration privilege after a thorough registration and delegation process with ICAAN
If you have no presence in Jordan and want to register your brand name under ( .jo ) , then you are kindly  requested to register your interested domain names by a licensed lawyer in Jordan or by a Jordanian IP firm. In such cases, the following measures must be applied:
The domain name must be registered by the Jordanian licensed lawyer or Jordanian IP firm.
The required documents must be submitted by the licensed lawyer or any Jordanian IP form and no other 3rdparty.
Requirements are as follows:
1- A Power of Attorney (POA)  which shall be legalized  by a Jordanian Embassy and  by  Ministry of Foreign Affairs.
A trademark of the name .
The Administrative Contact and the Billing Contact must reflect the Jordanian lawyer or the Jordanian IP firm, the Owner Data must reflect the domain name owner, while the Technical Contact can include any entity technically responsible for the domain name.
Domain names registered via Jordanian lawyer or any of Jordanian IP firms can be registered under the TLDs .jo, .com.jo, and .net.jo based on the nature of the business.

lease contract in jordan

If you are living abroad and you own an apartment in Jordan, it is possible to rent it by providing your lawyer a Power of attorney, and your lawyer can represent you in drafting the lease agreement with the lessor, also will provide you with legal help ( if any need).

For more information please do not hesitate to contact us at: info@aridalegal.com

Lease Contract

Lessor: …………………………………………………..

Address:………………………………………………….

Phone number:…………………………………………..

Tenant: ………………………………………………………..

Nationality……………………………, holding passport number ……………………………..

Address……………………………

Phone number …………………………………

Location and kind of the leased asset: Apartment number …….Which is the …….. apartment of the ……….. floor exclusive of the surface; …….. Squares Meters which is placed on the plot Number ……….. in the territories of …………. in the Hashemite Kingdom of Jordan.

Manner of using the leased asset: apartment for family only.

Date of commencing the lease: ……………………..

Term of the lease: Only four months. From …………….until ……………………

Rent: (…………… JDs)

Manner of paying the rent: the rent shall be paid in advance.

According to this contract signed by both of us upon our consent & agreement as aforementioned in writing and according to the following conditions, this contract has been executed:

Conditions

First: the tenant has received the leased free of any defect with the whole doors, windows, glass, furniture, the locks with its keys, wash basins, faucets and sanitary tools and that all of these things and supplementary are free of every defect and deficiency and that he undertakes to deliver it upon the expiration of the lease term as he received it.

Second: the tenant is not entitled to cause any change to be effected in the leased place such as pulling down, building, opening windows, making a pulpit or to effect changes in the doors, windows, faucets and the other things except by the lessor’s agreement in writing.

Third: All the things that are made by the tenant such as the arrangements or repairs and adding porcelain or others things and all the fixed things shall of his expense for which after his leaving the lessor shall be free to take it as it is free of charge or to request the tenant t to restore the leased place as it was and in this case, the expenses shall be paid by the tenant while the lessor may restore the leased asset without warning the tenant to that effect.

Fourth: the tenant is not entitled to occupy the leased place for a purpose other than that he has hired the leased for and use it against the law, the country’s regulations and the public morals.

Fifth: the tenant is not entitled to sublease the leased place or part of it for the others, enter a partner or a company with him in the leased place or to assign it in whole or part without the agreement of the lessor in writing.

Sixth: the tenant company and the partners therein are considered jointly and severally liable towards the lessor regarding the liabilities and obligations stated herein.

Seventh: if the tenant shall abstain from paying the rent on its due date, then the lessor shall be free and have the right to dismiss this contract.

Eighth: if the tenant shall wish to renew this lease contract or to vacate the leased asset, then it shall be committed to notify the lessor to that effect in writing at least three months prior to the expiration of the term hereof otherwise the contract shall stand as renewed for a term equal to the principal term of the lease while it shall be committed to pay the rent against the said term.

Ninth: the tenant may not claim the lessor for any compensation against any damages of whatever type resulted or that may result out of any damages or subsequent defect occurred at the general facilities attached to the building or any breakouts related to the services.

Tenth: Upon the expiration of the lease term, then the tenant shall obtain a clearance from the lessor to the effect of having the lessor received the leased asset and its supplements free from defects. However, and in case the tenant shall vacate the leased asset without obtaining such clearance, then the tenant shall stand liable for any defects, damage or shortage sustained by the leased asset, its supplements or attachments for which the lessor shall be entitled to effect the repairs and cause the tenant to pay the same in which matter his statements shall be credible without an oath while his/its books shall be appointed to determine the amount paid by it/him in this regard.

Eleventh: The tenant may not relocate or change the place of any supplements of the leased asset and its attachments as well as the electrical, mechanical and sanitary fittings e.g. the telephone wires, electrical wires and water fittings for which the tenant shall bear any damages that may incur out of breaking such condition while the lessor reserves its/his right to demand dismissing the lease contract and vacating the leased asset in case of having the same occurred.

Twelfth: in case the lessor shall pay or settle any amounts incurred by the tenant pursuant to this contract, then the tenant shall pay the same promptly after claiming for the same without a need for a notary warning to that effect.

Thirteenth: the breach of the tenant for any of the terms herein shall vest the lessor the right to dismiss this lease contract without a prior warning while the tenant shall be committed to vacate the leased asset together with bearing any damages that may incur out of such breach.

Fourteenth: the lessor shall be entitled to add any constructions or buildings over the leased asset or surrounding it at any time as it/he may wish without any objection from the part of the tenant.

Fifteenth: in case the cheques made against the rents or considerations shall be returned unpaid, then the lessor shall be entitled to dismiss the contract in addition to the legal liability resulted out of the same.

Sixteenth: all the electricity and water charges consumed within the leased asset as well as the telephone charges together with their fittings shall be at the expense of the tenant.

Seventeenth: The Jordanian courts and the executive department in Amman are the specialist to judge or handle any dispute arises from this agreement according to the Jordanian laws.

This agreement is made from 2copies each party got same copy.

The amount of ……………………………Jordan dinars is paid by the tenant as a deposit/insurance.

  • Enclosed the table of content of the apartment.

On these conditions the agreement has been made and accepted by both parties this date     /       /

Tenant                                                         Lessor

 

 

Work permit in Jordan

Procedures for getting a work permit in Jordan.
Work permit in Jordan :
According to article 12 of the Jordanian Labor Law; any non-Jordanian worker might not be employed except by the approval of the Minister or whom he authorizes provided that:
1 – The work shall entail an experience and qualification not available in the Jordanian workers.
2 – Or that the number of the qualified Jordanian workers does not meet the need, the priority shall be given to the Arab experts, technicians, and workers.
The Authority Who Gives the Work Permit in Jordan
The non-Jordanian worker shall obtain an employment permit from the Minister or whom he authorizes before his/her engagement. According to the decision of the Minister of Labor Ministry the Closed Professions List in Jordan are as follows:
• Medical professions
• Engineering professions
• Administrative and accounting professions
• Clerical work including typing and secretarial work
• Switchboards, telephones and connections works
• Warehouses works
• Sales works, including all groups
• Haircutting works (coiffeur)
• Decoration works
• Teaching professions, including all specialties except for the rare ones when there is no Jordanian available
• Fuel selling in main cities
• Electricity professions
• Mechanical and car repair professions
• Drivers
• Guards and servants
• Buildings servants
Validity of the Work Permit
The term of the permit shall not exceed one year renewable. Upon renewal, the term of the employment permit shall be calculated from the expiry date of the last employment permit he has obtained.
Financial Obligation of the Employer
The Ministry shall receive a fee from the employer in return for the employment permit that it issues or renews for each non-Jordanian worker including the excluded workers , this fee shall be considered as a revenue to the treasury, that according to the Regulation of Employment Permits Fees for Non- Jordanian Workers. A fee for issuing or the renewal of an employment permit for a full or part of a year shall be collected from the employer as follows:
Amount Sector
300 JDs non- Arab workers, including all sectors other than the agricultural one.
180 JDs the Arab worker, including all sectors other than the agricultural one.
120 JDs the non- Arab worker in the agricultural sector
60 JDs the Arab worker in the agricultural sector
A fee for issuing or renewal of a work permit for each non Arabian worker, for a full or part of a year is collected from the employer in eligible industrial areas as follows:
150 JD’s for the first three years of establishing the project.
175 JD’s for the fourth year and the years that follow the establishment of the project.
These fees provided are collected upon expansion of any existing project at the eligible industrial areas.
The Ministry shall receive an additional amount for each employment permit issued or renewed by the Ministry from the employer for the employee, this amount shall be allocated to the Fund for Support of Technical and Vocational Education and Training (TVET) established in accordance with the effective Technical and Vocational Education and Training Council Law.
Exemption of the Fees for Those Who Have Severe Disabilities
It is worth mentioning that By a recommendation of the Ministry of Social Development, the Minister may exempt those who have severe disabilities or their guardians from paying the fees and amounts for one non-Jordanian worker if the disabled was in a sore need for assistance from others to meet his daily life requirements, and the level of his/her income or the income of his/her guardian entails this exemption provided that the duties of the non-Jordanian worker shall be limited to providing assistance to the disabled, the conditions of this recommendation and the procedures of its issuance shall be determined by virtue of instructions issued by the Minister of Social Development for this purpose.
Penalties of Employing a Non-Jordanian Worker in Violation of the Provisions of the Labor Law
The employer or the establishment manager shall be punished by a fine not less than 100 JDs and not exceeding 150 JDs for each month or part of month of employing a non-Jordanian worker in violation of the
provisions of the labor law, this fine shall not be less than its minimum limit in any case and for any reason. Employing a non-Jordanian worker shall be considered as a violation of the provisions of the labor law in any of the following cases:
1. Employing the non-Jordanian worker without obtaining an employment permit.
2. Employing the non-Jordanian worker for an employer other than the
one specified in the permit unless he/she has obtained a permission of this
from the competent authority in the Ministry.
3. Employing the non-Jordanian worker in an occupation other than the
one for which he/she has obtained the permit.
The Minister shall issue a decision of expelling the worker contravening the provisions of the labor law abroad Jordan at the expense of the employer or the manager of the establishment. This decision shall be implemented by the competent authorities, the expelled non-Jordanian worker might not be re-employed in Jordan and may not re-enter Jordan before three years at least from the date of implementing the decision of expel. According to the Instructions for the Conditions and Procedures of Bringing and Employing Non-Jordanian Workers, please note the following:
A committee shall be formed from the Ministry officials and shall be called (Employment Committee) which shall have jurisdiction over looking into the applications of bringing workers from outside the Kingdom as well as the applications of employing the non-Jordanian workers inside the Kingdom in the cases instructed by the Minister.
Procedures of Bringing and Employing Non-Jordanian Workers
According to Article (4) of the Instructions for the Conditions and Procedures of Bringing and Employing Non-Jordanian Workers; any employer who wants to bring or employ a non- Jordanian worker should do the following:
B- The employment application should be enclosed with the following documents:
1- Form of bringing and employment: that it is requested to fill in the used form of bringing and employment, including the following:
•The name of the establishment, (name of its owner or in charge director, its address, work nature and branches, if any.)
•The name of the worker as in his/her passport, his/her nationality and the profession that he/she will practice.
2- Two copies of the work contract.
3- Presentation of a valid vocational license of the establishment with a copy attached. Or submitting a public works license and a land registration deed with an attached copy in case the employed worker is a cleaner in a building or villa. Or submitting a recommendation from the concerned directorate of agriculture if he/she is an agricultural worker.
4- A copy of the worker’s passport provided that it shall be valid.
5- A list issued by the General Social Security Corporation, indicating that all the employer’s workers are subscribed in the social security and that all the subscriptions are paid by the date of submitting the application.
6- A copy of the projects and tenders undertaken by the employer, if any,
indicating the entity referring these tenders to the employer.
7- A valid medical checkup certificate from one of the health centers that is approved by the Ministry of Health.
8- A photo of the worker.
9- The establishment form number (1) or a copy of the notification of its delivery to the directorate.
C- The bringing application should be enclosed with the following documents:
1- Presentation of a valid vocational license of the establishment with a copy attached. Or submitting a recommendation issued by the concerned directorate of agriculture if the worker intended to be brought will be working in the agricultural sector.
2- A copy of the projects and tenders undertaken by the employer, if any, indicating the entity referring these tenders to the employer.
3- A copy of the worker’s passport that is valid for not less than six months.
4- 2 copies of the work contract which will be submitted when the application is approved.
5- The required documents shall be submitted when the worker enters Jordan territories in accordance with the above-mentioned item (B), in addition to a duly authenticated certificate of non-conviction issued by the competent authorities of the worker’s country.
6- Once the application is approved, the fees of employment permits shall be paid in advance.
7- The employer shall submit a judicial or bank guarantee in the agricultural sector and a bank guarantee for all other sectors according to the wording that is endorsed by the Ministry.
The guarantee shall be used according to a decision of the competent court, if the employer violates any of the obligations arising from the law, the regulations that were issued accordingly, or these instructions, and to ensure the worker’s rights and the value of the ticket needed to repatriate the worker to his/her country. This is accomplished as follows:
A- A guarantee for the workers of the nationalities that are restricted in the Law of Residence. The value of the guarantee is (300) JDs for each of these workers intended to be brought or employed.
B- A guarantee for workers whose nationalities are not restricted in the Law of Residence. The value of the guarantee is:
– 30000 JDs if the number of the brought or employed workers is between 201 and 300.
– 400000 JDs if the number of the brought or employed workers is more than 300.
– 1000 JDs if the number of the brought or employed workers is between three and ten.
– 2000 JDs if the number of the brought or employed workers is between eleven and twenty.
– 5000 JDs if the number of the brought or employed workers is between twenty one and fifty.
– 10000 JDs if the number of the brought or employed workers is between fifty one and one hundred.
– 20000 JDs if the number of the brought or employed workers is between 101 and 200.
C- The governmental departments and universities, Amman Great Municipality, municipalities and regional offices are excluded from these guarantees.
To be exempted from the provisions of item (7) of paragraph (C) of article (4) of these instructions, the rules of the golden list approved by a decision issued by the Minister will be applied.
According to Article (6) of the Instructions for the Conditions and Procedures of Bringing and Employing Non-Jordanian Workers:
A- The employer may appoint one or more of good conduct persons to represent him in following-up his/her applications before the Ministry. This could be done through an annual card issued by the Ministry. It is
stipulated that the representative should not be a representative for more than one employer.
B- In order to issue or renew the representative authorization card, the following documents shall be submitted:
1- An application presented by the employer.
2- A certificate of non-conviction.
3- A security approval issued by the competent authorities.
C- The Ministry shall receive an annual fee of ten JDs for the issuance or renewal of the card.
D- The Ministry has the right to cancel the representative’s card at any time if it becomes obvious that he/she has not complied with laws, regulations and these instructions.
The approval of the bringing application is valid for two months as of the date of obtaining it and the employer should complete the procedure needed for the worker to enter the country during this period, as well as the procedures needed to obtain the employment permit. The validity of the employment permit starts from the date in which the worker entered the country.
Renew the Employment Permit of the Non-Jordanian
The employer or the approved representative should refer to the competent directorate in case he/she wants to renew the employment permit of the non-Jordanian worker one month before its expiry. He/she should also inform the directorate if he/she did not wish to renew the permit, so that the worker’s name will be eliminated from the establishment records.
The employment permit of the non- Jordanian worker shall be issued after obtaining the approval of the Minister or whoever he authorizes, according to a special form that includes the following:
1- The name of the worker according to his/her passport, his/her date of birth, nationality and the profession which he/she is allowed to practice and whether he/she is brought from outside the Kingdom or employed from inside.
2- The name of the employer, establishment or the farm in which the
worker works.
3- The date in which the employment permit becomes valid and the date of its expiry.
4- The numbers and dates of the receipts.
5- The stamp and the signature of the director of the concerned directorate of labor.
Fees of the Application
B- The Ministry shall receive fees from the employer for each worker for the application of bringing or employment or for the renewal of the employment permit needed for the approved worker. The provisions of these instructions are implemented for all sectors, except for the sector of the domestic workers or those working in the qualified industrial zones and pursuant to the following bases:
1- Bringing, employing or renewing the employment permits of the non-Jordanian workers is carried out according to the needs of the work market sectors, taking into consideration the list of closed professions, providing that the Ministry will define the percentage of the non- Jordanian labor in any of the economical sectors in order to serve the policy of the gradual replacement of the non- Jordanian labor with the Jordanian.
2- The employment permit shall not be given to a non-Jordanian individual who has entered the Kingdom for a purpose other than work or has obtained his/her social security due payments in order to leave the Kingdom of Jordan completely.
3- The employment permits for the nationalities that are restricted to the annual residence which is conditioned by one year are renewed after addressing the Ministry of Interior about them in accordance with the specific rules indicated in these instructions.
4- If the employer has failed to renew the employment permit for any worker of the restricted or non restricted nationalities, the Ministry shall receive a fee for the permit in a retroactive effect from the day on which the previous permit has expired.
5- If the worker of restricted or non-restricted nationalities has changed his/her employer, the Ministry shall receive a fee from the new employer for the period of failing to obtain the employment permit not exceeding one year.
6- The employment permit shall not be given or renewed to a non- Jordanian worker against whom a decision to expel was made, unless the decision was cancelled.
7- It is not allowed for a worker of the restricted nationalities, who was
employed or brought from outside the Kingdom, to be transferred from one employer to another, unless it was approved by the Employment Committee.
8- It is not permitted for any worker of the restricted or non- restricted
nationalities to be transferred from Aqaba Economic Zone to any sector or guarantor outside that zone.
9- The non- Jordanian worker is given a no-objection to pay out his/her due amounts of the social security as he /she wishes to leave the country
completely, on the condition that he/she shall submit an application of this within a period not exceeding three months of the date in which his/her employment permit has expired. Otherwise, the employment permit fees shall be collected in order to grant him/her a no-objection.
10- The employer shall inform the directorate which issued the employment permit about the abandonment of the non- Jordanian worker of his/her work during the period in which the work permit is valid.
11- The worker of non-restricted nationalities should inform the Directorate of Labor which issued his/her employment permit once he/she leaves work for any reason during the period in which the permit is valid. Otherwise, he/she shall not be given a permit to work for any other employer.
12- The regional office will be granted the required number of labor within the professions that are permissible for non-Jordanians, based on a letter issued by the Ministry of Industry and Trade, on the condition that the number of the Jordanian employees is not less than the half, without including the office director and his representative.
13- It is not permitted for the brought worker of non restricted nationalities to be transferred from one employer to another during the period in which the employment permit is valid. However, the worker of such nationalities can be transferred during the period in which the employment permit is valid, stipulated that he/she shall obtain a quittance from his/her employer and after the employment permit is cancelled by the competent directorate. But, it is allowed to be transferred to another employer after expiry of the employment permit without the approval of the former employer.
14- It is not permissible for the agricultural worker who is brought or employed to be transferred to another sector, whether he/she was of a restricted or non restricted nationalities. It is also not allowed for any worker of other sectors to be transferred to the agricultural sector. Moreover, it is not allowed for the brought worker to be transferred from one employer to another within the agricultural sector except after two years of being brought.
Special Procedures for Egyptian Workers
Any employer who intends to bring a non- Jordanian worker of the Egyptian nationality should submit the following documents:
A- A bringing application and he/she must fill the form approved by the Ministry.
B- Presentation of a valid vocational license of the establishment with a copy attached. Or submitting a recommendation from the competent directorate of agriculture if the worker intended to be brought will be working in the agricultural sector.
C- A recommendation from the farmers’ association or union or from the institution that represents the economic activity sector which is practiced by the employer. The recommendation should indicate the actual need of the applicant for the workers.
D- A copy of the projects and tenders undertaken by the employer, if any, indicating the entity referring these tenders to the employer.
E- The establishment form number (1) or a copy of the notification of its delivery to the directorate.
F- A list issued by the Social Security Corporation, indicating that all the employer’s workers are subscribed in the social security and that all subscriptions are paid by the date of submitting the application.
G- All the other required documents shall be submitted when the worker enters Jordan territories, these are:
1- A copy of the work contract which is approved by the Egyptian Ministry of Manpower.
2- The worker’s passport and a copy of it.
3- A valid medical checkup certificate from one of the health centers that is approved by the Ministry of Health, a certificate of non-conviction and the certificate of the professional classification which is issued by the Egyptian authorities concerned.
4-A photo of the worker.
Validity of the Approval of the Bringing Application for Egyptian Nationalities
The approval of the bringing application is considered valid for two months after the date of being obtained and the employer should select the worker who is intended to be brought through the workers data which is available in the website. Also, the employer has to pay the employment permit fee and sign the computerized employment contract which is available in the concerned directorate of labor.
It is worth mentioning that the employer is allowed to change the worker by another in the case of bringing, with the previously paid fees and according to the following conditions:
A- If the worker did not sign the work contract within two weeks of the date in which the employer paid the employment permit fees.
B- If the worker signed the work contract and his/her passport was stamped with the guarantor’s data and the sector in which he/she will work, but did not enter the Kingdom within (30) days of the date of signing the contract.
Egyptian worker is not permitted to enter the Kingdom after (30) days of signing the work contract.
The validity of the employment permit of the Egyptian worker is valid from the date in which he/she entered the Kingdom.
Egyptian Workers who Enter Jordan through Aqaba Borderline Border of Aqaba
The brought worker should pay fees when he/she enters the Kingdom through Aqaba borderline passage as an insurance for commitment to join the employer who has brought him/her.
The worker will get back the value of the insurance when he/she abides by joining the employer and when he/she obtains an employment permit during (30) days after he/she enters the Kingdom. Otherwise, the amount of insurance will be considered an income for the treasury and may not be refunded.
Ability of Transferring the Sector of the Egyptian Workers
It is not allowed for the brought or employed worker to be transferred from one sector to another.
Possibility of Transference Between 2 Employers
The brought worker is not permitted to be transferred from one employer to another of the same sector, unless two years passed after being brought, except for the conditions that requires so, as well as in the conditions related to the privacy of some sectors, such as the agriculture and the constructions sectors, in which the approval of the Minister based on a recommendation from the Employment Committee is required.
But the brought worker in the agriculture and constructions sectors is allowed to be transferred from one employer to another in the same sector before the expiry of the contract if both parties agreed to terminate the contract under the supervision of the concerned directorate of labor, on the condition that the worker will join the employer immediately after termination of the contract and cancellation of the permit and obtaining a new employment permit with new fees. These procedures are carried out in coordination with the farmers’ association or union or with the institution or association that represents this sector.
It is not permissible for the employer who cancelled valid employment permits of Egyptian labor to obtain approval for new bringing.
Instructions for the Conditions and Procedures of Bringing and Employing Non-Jordanian Workers in the Qualified Industrial Zones
Qualified Industrial Zones: Any economic activity that exists within any qualified industrial zone, whose products are qualified and on which the provisions of the Law of Investment Promotion are applicable. The employer who wants to employ or bring a non-Jordanian worker shall:
A) Submit a written application to the authorized official of the Ministry in the Stop Shop at Jordan Investment Board. The application shall include:
1. Name of the establishment, name of its owner or the in charge manager, address of the establishment, nature of its activity and its branches if any.
2. Name of the worker as written in his/her passport, his/her date of birth, his/her nationality and the occupation that he/she is going to have.
3. A certificate, authenticated by the worker’s embassy, attesting that the worker shall be brought by means of an employment agency licensed in his/her country, and that apart from fees stipulated by the law in his/her country; he/she paid nothing to be brought in.
4. A certified copy of an advertisement issued by the bringing company published in a newspaper in the worker’s country, clarifying the job terms and conditions, salary, working hours, nature of work and other privileges such as accommodation, catering and health insurance. The advertisement should also stress that apart from the fees stipulated by law in his/her country, the worker is not required to pay any amount to be brought.
5. A certificate issued by the Ministry of Industry and Trade attesting that the product of the establishment is qualified (QPR).
B) The application shall enclose the following documents:
1. The establishment registration certificate.
2. A valid vocational license of the establishment.
3. A certificate issued by the Ministry of Industry and Trade listing the names of the persons authorized with signature.
4. A duly certified contract of lease or a proof of proprietorship of the establishment.
C) In case of submitting an application for renewal of employment permits or for bringing workers for the second time, then the owner of the establishment shall enclose- in addition to the documents mentioned in item B. – a report issued by the Directorate of Employment in the Ministry, detailing the extent of compliance of the establishment with the policy of gradual substitution with the Jordanian workers, in accordance with the training and employment project agreements.
Within a period not exceeding a week as from the date of receiving the application, the authorized official of the Ministry at the Stop Shop shall consider and give decision concerning the application.
The approval of employment permits shall be in accordance with the following bases:
A) The report of inspection conducted by the Jordan Investment Board and the concerned directorate of labor, regarding the reality of conditions in the establishment.
B) The report issued by the Directorate of Employment in the Ministry
concerning the extent of compliance of the establishment with the policy of gradual substitution with the Jordanian workers.
C) The productive capacity of the establishment in accordance with the number of its machines and lines of production.
A) Fees of employment permits shall be paid in advance upon getting approval for bringing workers.
B) Approval of the Ministry shall remain valid for 4 months starting from the date of approval.
C) Term of an employment permit starts as of the date in which its holder enters into Jordan.
D) In case workers whose bringing was approved have not entered, the employer may submit an application for substituting them, in accordance with the provisions, provided that the workers non-entry was proven, within the term stipulated in item B of this section and for one time per each application.
Upon getting the approval, the employer or his representative shall refer to the concerned directorate of labor; for further verification of the application and completion of procedures of getting the permits, the following steps shall be followed:
A) Submitting the following documents:
1. Copy of a valid vocational license of the establishment.
2. Two copies of the work contract.
3. Two personal photos of the worker.
4. Copy of a minimum of one year valid passport of the worker.
5. A medical check-up conducted by a medical center approved by the Ministry of Health.
6. Approval of the Ministry of the Interior on granting annual residence permission to the worker whose stay in Jordan entails permission.
7. Other documents that the Ministry may require or forms it may demand filling in, in accordance with the case.
8. A certificate issued by the Social Security Corporation attesting that all
workers for the employer are duly subscribed.
B) For the purpose of verifying the application, the Ministry shall collect fees.
C) The accreditation card of an establishment representative is issued by the Ministry pursuant to an application forwarded by the employer, enclosed with s certificate of non-conviction of the representative.
After getting the approval of the Minister or whom he authorizes, a non-Jordanian worker’s permit is issued in accordance with the appropriate form that shall include the following:
A) Name of the worker; as written in his/her passport, his/her nationality and the occupation in which he/she is permitted to work.
B) Name of the employer and his/her establishment in which the worker intends to work.
C) The permit’s effective and expiry dates.
D) Number and date of the receipts.
E) Signature and stamp of the director of the concerned directorate of labor.
Possibility for Moving Between Qualified Industrial Zones
Workers permitted to work in the Qualified Industrial Zones shall not be moved to any other sector of production. The employer is the one responsible to repatriate the workers he/she brought; upon termination of their employment for him/her. He/she also has to prove that they have duly left.
According to Article (10) of the Instructions for the Conditions and Procedures of Bringing and Employing Non-Jordanian Workers in the Qualified Industrial Zones:
1. The employer shall submit an annual and automatically renewable bank surety that, following a decision of the Minister, may be at disposal in case the employer breached any of his/her obligations required by law, regulations and these instructions. The value of surety shall vary according to the number of workers in the establishment.
2. The employer shall be exempted from the surety mentioned in item (1) of this Article a year after establishing the project and starting production, provided that the establishment is in full compliance with all provisions stipulated in the Golden List attached to these instructions, and getting (80%) of the points total.
3. A committee appointed by the Minister shall undertake the application of the criteria of the Golden List enclosed herewith and the allocation of deserved points. In the following cases, the Minister may halt, for the period he deems appropriate, issuing employment permits to any establishment:
A) For the purpose of labor control and regulation.
B) The degree of compliance with the policy of substitution with Jordanian workers.
C) Violation, on the side of the establishment, to the provisions of the Law of Labor, or to regulations, instructions and decisions issued by its virtue.
AUTHOR: Tarik H. Arida , Licensed lawyer in Jordan

Register a trademark in Jordan

kindly do not hesitate to contact us ( Lawyer/ Tarik arida) at : info@aridalegal.com
How to register trademarks in Jordan.
Jordan is a good environment for business.
Registering a Trademark in Jordan:
Requirements
The following documents and information are required for filing a trademark application in Jordan:
1-     A Power of Attorney signed, notarized and legalized up to the Jordanian Consulate.
2-     The name, nationality, address and occupation of the applicant.
3-     A list of the goods and the corresponding classes to be covered by the application.
4-      The meaning of the trademark (if available).
5-      A certified priority document, if priority is to be claimed.
A trademark registration according to the new Law is valid for 10 years from the date of filing the application or from the priority date renewable for periods of 10 years each.
 
Procedures and timeframe:
 
– It takes from 8-10 months to get the registration certificate since filing the application in normal cases.
– Obtaining and completing the Registration Forms online and submitting it to Reception Desk Employee;
– Informing Applicant of approval or denial of registration within Four Months;
– Upon notification of approval, publicizing fees are determined and paid;
– Trademarks receiving initial approval are publicized in the Official Gazette within 3 months.
– If they are not challenged within 3 months, final registration is completed, registration fees are paid and final registration certificate is issued, signed by the registrar.
– It takes to conduct a trademark search 2-5 working days.
The specifications of goods limit the protection to the specific goods.
An application be filed without its complete documents as long as the original documents will be submitted upon receiving the Registrar’s Notice regarding the same.
One application can not cover more than one class of goods/services.
ABOUT THE AUTHOR: Tarik H. Arida , a licensed lawyer in Jordan.

Employee rights

What are the employee’s rights in Jordan ?
Rights of the employee in Jordan
The wage ( Salary) :
– According to article 2 of Jordanian Labor Law, the Wage (Salary) is: All cash or in-kind entitlements of the employee against his work in addition to all other entitlements of whatever type, provided for by the law, work contract or by law or; it has become the practice to pay except the wages payable for overtime work.
The Termination of the Unlimited Contract
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-instant the Employee in his original job or to pay him compensation equals the sum of the half wage of each year of all the working period, in addition to the payment in link of notice and his other entitlements provided for under articles (32) and (33) of this law provided that the amount of such compensation is not less than two months. The benefits shall be calculated on the basis of the last wage received by the Employee.
The Termination of the Limited Period Work
According to article 26 of the Jordanian Labor law A. If the employer has terminated the limited period work contract before the expiry of its term, the employee shall be entitled to all these rights and benefits stipulated in the contract, and shall be entitled to the due wages till the expiry of the remaining period of the contract unless the termination of the work contract was a dismissal by virtue of article (28) of this law.
Employer may discharge the Employee without notice in any of the following cases:
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 influence 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, the Manager in charge, one of his superiors, any Employees or any other person during work or due thereto by beating or humiliating.
Also according to article 29 of the Labor Law. The Employee may quit work without notice and still retain his legal rights for the termination of service as well as the damage compensation accruing to him in any of the following cases.
a) 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 article (17) of this law.
b) To employ him in a form that entails 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 article (14) of this law.
e) If it is sustained 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.
Kindly note that this article is invalid and illegal because it is against the labor law, that according to article 4 of the Jordanian labor law: ” B. Any condition in a contract or agreement, whether concluded before or after this law takes effect, by virtue of which any employee waives any of the rights given to him/her by this law shall be deemed as invalid.”
Annual Leave ( According to article 61+62 of Jordanian Labor Law):
According to article 61 of the Jordanian Labor Law : Each employee shall be entitled to an annual leave with full pay for 14 days per each year of service unless more than that period was agreed. Kindly note that the public holidays, religious feasts and the weekly holidays shall not be calculated from the annual leave even if they took place during it.
The Annual leave shall not be less than 2 working days each time.
Working Hours (Extra Working Hours)
According to article 56 of the Jordanian Labor Law, The working hours shall not exceed eight per day and 48 hour per week except in the cases stipulated by the Jordanian law such as (the persons undertaking the tasks of general supervision or management in any establishment and who work in some cases outside the establishment, or whose work nature entails traveling inside the Kingdom or abroad., taking into consideration that the time allocated for meals and rest shall not be calculated. According to article 59 of the Jordanian labor Law:
1- “The employer may increase the daily or weekly working hours of the employee by the employee’s approval provided that the employee shall receive for the overtime a wage not less than 125 % of the normal wage.
2- If the employee has worked in his weekly holiday, religious feasts, or public holidays, then he shall receive in return for his work in that day overtime pay not less than (150%) of his normal wage.”
Certificate of Experience
According to article 30 of the Jordanian Labor Law: ” Upon the request of the employee, the employer shall give the employee upon the end of his/her service a certificate of experience in which the employer shall mention the name of the employee, kind of his/her work, date of his/her joining work, date of the end of service, the employer shall give back the certificates or instruments of the employee.”
In this regard, Please note that The Ministry of Labor in Jordan shall undertake the inspection duties as an implementation of the provisions of this law. So we can ask them to send investigators to the company to get for you a certificate of experience, that if they refused The employer or the establishment manager shall be punished for this violation, not less than one hundred JDs and not exceeding five hundred JDs, the penalty shall be aggravated in case of recurrence and it might not be mitigated less than its minimum for the mitigating discretionary reasons.
ABOUT THE AUTHOR: Tarik H. Arida, licensed lawyer in Jordan
Tarik Arida is an active lawyer in Jordan.