Jordan

Jordan's labor law provides a clear framework for the termination of employment contracts. This includes lawful grounds for dismissal, notice requirements, and severance pay provisions under Jordanian law.

Lawful Grounds for Dismissal

Under the Jordanian Labour Code (Law No. 8 of 1996), valid reasons for terminating an employment contract include mutual agreement, expiry of a fixed-term contract, completion of a specific task, resignation by the employee, death of the employee, employee imprisonment, force majeure, and dismissal for cause. Dismissal for cause can be due to serious misconduct, repeated violations of company regulations, incompetence, failure to perform job duties, or extended, unexcused absence.

Notice Requirements

The Jordanian Labour Code mandates notice periods for both employers and employees who wish to terminate an employment contract. If the employer is terminating the contract, they must provide at least one month's written notice to the employee. Failure to provide proper notice results in the employer owing the employee compensation equivalent to wages for the notice period. Employees must also provide notice if they intend to resign. The required notice period varies depending on the employee's payment structure: at least one month's notice for monthly pay and at least two weeks' notice for weekly or daily pay.

Severance Pay

Jordan mandates severance pay for employees in cases of dismissal. The calculation of severance pay is as follows: for indefinite contracts, one month's salary for each year of service. For fixed-term contracts, the worker is entitled to the remainder of wages for the contract term if the employer terminates the contract prematurely.

Jordan's legal framework for combating discrimination is essential but limited in scope. The Constitution and the Jordanian Labour Code contain provisions prohibiting discrimination, forming the foundation for anti-discrimination rights.

Protected Characteristics

Jordanian law explicitly prohibits discrimination in employment on the grounds of:

• Gender: The Constitution of Jordan (Article 6) and the Labour Code (Article 23) guarantee equal treatment for men and women in regards to employment.
• Workers with Disabilities: The Rights of Persons with Disabilities Law (Law No. 31 of 2022) prohibits discrimination based on disability in employment, education, and access to goods and services.

However, Jordan lacks comprehensive anti-discrimination legislation covering other grounds such as race, religion, age, or sexual orientation.

Redress Mechanisms

Jordan's redress mechanisms for discrimination include:

• Complaints to the Ministry of Labour: The Labour Code empowers the Ministry of Labour (MOL) to address workplace discrimination complaints, primarily focusing on gender discrimination.
• National Centre for Human Rights (NCHR): The NCHR, a governmental body, can receive complaints and provide support in cases of discrimination. They also play a role in advocacy and raising public awareness on human rights.
• Civil Courts: In some cases, individuals may pursue legal action through the civil courts for discriminatory practices.

Employer Responsibilities

Employers in Jordan have a general obligation to create a workplace free from discrimination. While a comprehensive legal mandate is lacking, progressive employers can take proactive steps:

• Non-Discrimination Statements: Incorporate clear statements prohibiting discrimination within employment policies.
• Training and Education: Provide employees with regular training on diversity, inclusion, and unconscious bias.
• Grievance Procedures: Establish a clear process for employees to report instances of discrimination, with prompt investigation and corrective action.

Jordanian labor laws provide guidelines for various aspects of working conditions, focusing on work hours, rest periods, and ergonomic provisions to ensure employee well-being and fair treatment.

Working Hours

The Jordanian Labour Code (Law No. 8 of 1996) sets the standards for working hours:

• Maximum Workweek: The standard workweek in Jordan is 48 hours, distributed across six days.
• Maximum Workday: The typical workday cannot exceed 8 hours. However, certain sectors like hotels and restaurants may have different limits, provided they don't exceed the weekly maximum.
• Overtime: Overtime work is permitted under specific circumstances, with the employee's consent. Overtime pay must be at a premium rate, a minimum of 125% of the regular wage.

Rest Periods

Jordan's labor laws mandate rest breaks to ensure employee well-being and prevent fatigue:

• Daily Rest: Workers are entitled to a minimum rest period of one hour after five consecutive hours of work.
• Weekly Rest: Employees must be granted a full day of rest per week, usually coinciding with Friday (the traditional Muslim day of prayer).
• Public Holidays: Jordan recognizes a number of public holidays during which employees are generally entitled to paid time off.

Ergonomic Requirements

While Jordan doesn't have a specific law dedicated to ergonomics, several regulations and guidelines promote workplace safety and minimize ergonomic hazards:

• Workplace Safety: The Labour Code emphasizes the employer's responsibility to provide a safe work environment. This encompasses measures to minimize ergonomic risks by promoting proper posture practices and incorporating regular breaks for stretching and movement.
• Risk Assessments: The Labour Code outlines the importance of risk assessments to identify and mitigate potential hazards, which can include ergonomic considerations.
• Occupational Health and Safety Department: The Occupational Health and Safety Department within the Ministry of Labor carries out workplace inspections and enforces labor laws related to safe work environments.

Jordan's comprehensive health and safety (H&S) framework is primarily based on the Jordanian Labour Code (Law No. 8 of 1996). This framework is further supplemented by various ministerial orders and regulations. It clearly outlines the obligations of employers, protects the rights of employees, and assigns enforcement responsibilities.

Employer Obligations

The Labour Code emphasizes the responsibility of employers to create a safe and healthy work environment. Key obligations of employers include:

• Risk Assessments: Employers are required to conduct regular risk assessments to identify potential hazards in the workplace. These assessments should cover various aspects such as machinery, chemicals, work processes, and the physical work environment.
• Safe Work Procedures: Employers are responsible for developing and implementing safe work procedures to minimize risks. This includes providing proper training to employees on these procedures.
• Personal Protective Equipment (PPE): Employers are required to provide employees with appropriate PPE based on the specific workplace risks identified in the risk assessment.
• Health and Safety Training: It is crucial for employers to provide employees with training on health and safety practices and potential hazards associated with their jobs.
• Accident Reporting: Employers are legally obligated to report work-related accidents, illnesses, and near misses to the Ministry of Labour.

Employee Rights

Under the H&S framework, Jordanian employees have a well-defined set of rights:

• Right to a Safe Workplace: Employees have the legal right to work in an environment free from foreseeable hazards.
• Right to Information and Training: Employees are entitled to receive information and training on workplace safety procedures and potential risks associated with their jobs.
• Right to Refuse Unsafe Work: Employees have the right to refuse to perform tasks they believe pose a serious threat to their health and safety, provided they can justify their concerns.

Enforcement Agencies

The Occupational Safety and Health Department (OSHD) within the Ministry of Labour is primarily responsible for enforcing H&S regulations in Jordan. The OSHD carries out these tasks through its inspectors:

• Workplace Inspections: The OSHD conducts regular inspections of workplaces to ensure compliance with health and safety regulations.
• Issuing Improvement Notices: If breaches are identified, inspectors can issue improvement notices outlining corrective actions employers must take.
• Fines and Penalties: In cases of serious non-compliance, the OSHD can impose fines on employers.

Jordan's Social Security Law provides financial and medical support to employees who suffer work-related injuries or illnesses.