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.”
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 unless they took place during it.
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.
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