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
• 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:
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
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