Published on page 1173 of the official gazette, issue (4113) dated on 16/4/1996
First Chapter
Article 1:
This law shall be called (Labour Law of the year 1996) and shall be effective
after sixty days from being published in the official gazette.
– The words (association) or (associations) wherever mentioned in the law
shall be cancelled and replaced by the phrase (employers association) or
(employers associations) by virtue of the amended law No. 11 of the year
1999.
Article 2:
The following terms and phrases stated in this law shall have the meaning
assigned against each of them, unless the context indicates otherwise:
Ministry: Ministry of Labour.
Minister: Minister of Labour.
Secretary-general: Secretary-general of the Ministry.
Employer: Every natural person or corporate body that employs, in any
capacity whatsoever, a person or more against wages.
Employers Association: The body which represents the employers.
Employee: Every, male or female, who performs a job against wages and is a
subordinate to the employer and at his service. This covers the juveniles and
those under probation or rehabilitation.
Work: Every mental or physical effort exerted by the employee against wages
whether on permanent, casual, temporary or seasonal basis.
Casual Work: The work required by contingent necessities, the completion of
which does not require more than three months.
Temporary Work: The work, completion nature of which requires a limited
period.
Seasonal Work: Work in specific seasons every year, the period of which does
not exceed six months.
Collective Work Contract: A written agreement according to which the terms
and conditions of work between the employer or the employers association
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from one side, and the group of employees or their association from the other
side are organized.
Work Contract: An explicit or implicit, verbal or written agreement under
which the employee undertakes to work for the employer under his supervision
and management against wages. The work contract can be for a limited or
unlimited period, specific or nonspecific work.
Wage: 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 bylaw or; it has become the practice to pay except the wages
payable for overtime work.
Juvenile: Every person, male or female, who reached the age of seven and not
yet eighteen.
Establishment: The body that provides services or operates in the production
or distribution of commodities.
Medical Authority: The physicians or the Medical Committee approved by the
Minister.
Occupational Disease: Any disease illustrated in table No. (1) or any of the
occupational injuries illustrated in table No. (2) annexed to this law.
Work Injury: The employee’s injury as a result of an accident during the
performance of work or due to the work itself. Any accident that occurred to
the employee while on his way to or return from work shall be considered as a
work injury.
The Entitled: The beneficiary or beneficiaries from the employees’ family
stated in the applicable Social Security law.
Association: Any organization of employees established in accordance with the
provisions of this law.
Administrative Body: The administrative body of the association.
Collective Labour Dispute: Every dispute that arises between a group of
employees or labour union on one hand and the employer or employers
association on the other hand about the application or interpretation of a
collective work contract or pertains to the circumstances and conditions of
work.
This article has become so after canceling the definition of the word
(Association) and replacing it with (Employers Association) and canceling
the definition of (the collective labour dispute) and replacing it with the
current definition by virtue of the amended law No. 11 of the year 1999.
Article 3:
Taking the provisions of paragraph (C) of article (12) of this law into
consideration, the provisions of this law shall be applied on all employees and
employers with the exception of the following:
A. Public and municipalities employees.
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B. Family members of the employer who work in his/ her business against
no wage.
C. Domestic workers, cooks, and so forth.
D. Agricultural workers except those who are subjected to any of the
provisions of this law, their categories shall be defined by virtue of a
regulation that shall be issued to this effect.
– This article has become so after canceling the text of paragraph (D)
of it, and replacing it with the present text by virtue of the amended
law No. 11 of the year 2004, the phrase (taking the provisions of
paragraph (C) of article (12) of this law into consideratrion) was
added at the beginning of this article by virtue of the amended law
No. (12) of the year 1997.
As the previous text of paragraph (D) was as follows:
D. Agricultural workers with the exception of those that the Council of
Ministries decides in accordance with the recommendation of the
Minister to include them in the provisions of this law.
Article 4:
A. The provisions of this law do not affect any right given to the employee by
any other law, work contract, agreement or decision if any of them gives
better rights than the decided rights for the employee by virtue of the
provisions of this 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.
Second Chapter
Labour Inspection
Article 5:
The Ministry shall undertake the inspection duties as an implementation of the
provisions of this law.
Article 6:
Any one undertaking the inspection duties shall sign an affidavit that he/she
shall perform his/her job faithfully and devotedly and not to disclose the secrets
that he/she has become acquainted with because of his/her job.
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Article 7:
The qualifications, duties, powers and remunerations of the labour inspectors in
addition to the obligations of the employers towards them shall be specified in
regulations issued to this effect.
Article 8:
The employer or his/her representative shall:
A. Send a notice to the Ministry or any of its directorates in the work area
including the number of his/her employees, job position and nature of
each of them, date of commencing work and the employees wages at the
first month of each year.
B. Keep records that should be reserved including the records of the
employees and trainees in his/her establishment.
Article 9:
A. During performing his/her job duties, the labour inspector shall
exercise the powers entitled to the judicial police members by virtue of
the applicable Rules of Penal Trials Code, the minutes he/she organizes
shall be applicable till otherwise is proven.
B. The inspector may request from the employer to remove the
contravention during a period not exceeding seven days from the date
of receiving a written notification of that, in case of the employer’s
default, then the Minister or whom he authorizes may decide to close
the establishment till the removal of the contravention or the issuance
of the court’s verdict in this regard.
C. The court shall decide that the contravener shall remove the
contravention and pay a fine not less than fifty JDs and not exceeding
five hundred JDs, the fine shall not be less than its minimum limit for
any discretionary mitigating reason.
Third Chapter
Employment and Vocational Guidance
Article 10:
A. The Ministry shall, by cooperation with the competent authorities, undertake
the duties of organizing the labour market, vocational guidance, and the
provision of employment opportunities for the Jordanians inside the
Kingdom and abroad. To this end, it may establish employment offices for
the Jordanians or license the establishment of private offices to achieve this
purpose.
B. Taking into consideration the provisions of any other legislation, the
Minister may license the establishment of private offices to organize the
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employment of domestic workers and cooks and the like of the non-
Jordanians.
C. The provisions and terms of establishing private offices indicated in
paragraph (A) and (B) of this article shall be determined including how they
shall be managed, the supervision of the Ministry on them, and the fees of
services provided by such offices shall be determined in accordance with
regulations that shall be issued for this purpose.
– This article has become so after canceling its previous text and replacing
it with the present text by virtue of the amended law No. 11 of the year
2004, as its previous text was as follows:
A. The Ministry shall undertake the duties of organizing the labour
market, vocational guidance and setting the instructions required to
provide employment opportunities for the Jordanians inside the Kingdom
and abroad by cooperation with the competent authorities.
B. Private offices for employment might be established by a license issued
by the Minister, the conditions of establishing such offices, their objectives,
duties, the method of their management, and how the Ministry supervises
them shall be determined by virtue of a regulation issued for this purpose,
the Minister may determine the fees received by such offices in return for
their services.
Article 11:
Only the public employment directorates and the licensed private employment
offices may do the mediation acts to employ or facilitate the employment of
workers inside the Kingdom and abroad, the Minister may close the
establishment contravening the provisions of this article and refer the matter to
the court. Any one violating the provisions of this article shall be punished by a
fine not less than two hundred JDs and not exceeding one thousand JDs or by
imprisonment for a period not less than thirty days or by the two penalties, the
establishment might be closed, and its belongings related to the purpose of
employment might be seized.
Article 12:
A. Any non-Jordanian worker might not be employed except by the approval of
the Minister or whom he authorizes provided that the work shall entail an
experience and qualification not available in the Jordanian workers, 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.
B. The non-Jordanian worker shall obtain an employment permit from the
Minister or whom he authorizes before his/her engagement, the term of the
permit shall not exceed one year renewable. Upon renewal, the term of the
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employment permit shall be calculated from the expiry date of the last
employment permit he has obtained.
C. 1. 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 from the provisions of this law
by virtue of paragraphs (C) and (D) of article (3) of this law, this fee
shall be considered as a revenue to the treasury, the amount of this fee
shall be determined in accordance with a regulation issued for this
purpose.
2. The Ministry shall receive an additional amount for each employment
permit issued or renewed by the Ministry from the employer for the
employees indicated in item (1) of this paragraph and in accordance
with the regulation issued by its virtue, 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.
D. 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 indicated in paragraph (C) of this article 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.
E. 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 this law, this fine shall not be less than its minimum limit in any case and
for any reason.
F. Employing a non-Jordanian worker shall be considered as a violation of the
provisions of this 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.
G. The Minister shall issue a decision of expelling the worker contravening the
provisions of this article abroad the Kingdom at the expense of the employer
or the manager of the establishment. This decision shall be implemented by
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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.
– This article has become so after adding paragraph (F) to it,
renumerating the previous paragraph (F) to be paragraph (G), and
adding a phrase to its end by virtue of the amended law No. 12 of the year
1998, the text of paragraph ( C ) was cancelled and replaced by the present
text by virtue of the amended law No. (12) of the year 1997.
Its previous text was as follows:
“C- The Ministry shall receive a fee from the employer in return for
issuing or renewing an employment permit for each non-Jordanian
worker, the amount of this fee shall be specified in accordance with a
regulation”. This article was amended by adding paragraph ( F) to it and
renumerating paragraph (F) to be (G) with the addition made to its end by
virtue of the amended law No. 12 of the year 1998.
Article 13:
The employer employing fifty workers or more and whose nature of work
allows employing disabled workers who have been trained vocationally
through programs and the vocational training institutes for the disabled
approved by the Ministry or established in cooperation with the official or
private institutions, shall employ such disabled workers with a percentage of
2% of the total of his workers and send to the Ministry a statement in which the
employer shall clarify the positions held by the disabled who have been trained
vocationally and the wage of each of them.
Article 14:
If the employee’s injury because of work results in partial permanent disability
that does not hinder him/her from performing a work other than his/her
previous work, then the employer shall employ him/her in another work that
suits his/her condition if such work was available and against the wage decided
for it, provided that the employee’s financial rights for the period preceding
his/her injury shall be calculated on the basis of his/her last wage before the
injury.
Fourth Chapter
Work Contract
Article 15:
A. Work contract shall be organized in Arabic and in duplicate at least, each
party shall reserve a copy, the employee may prove his/her rights through all
the legal substantiation means if the contract was not organized in writing.
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B. The employee appointed for unlimited period shall continue to have his/her
work till his/her service is terminated in accordance with the provisions of
this law, while in cases in which the employee is appointed for a limited
period, then he/she shall continue to have his/her work during that period.
C. If the work contract was for a limited period, then it shall be terminated by
the expiry of its period, if the parties have continued to implement the work
contract after its expiry, then this shall be considered as a renewal of the
contract for unlimited period from the beginning of employment.
D. The taskwork regular employee in the place of work or the one who
performs a serial of taskworks shall be considered as an employee hired for
unlimited period.
E. 1. The contractor’s workers who work to execute a contracting work may
institute a lawsuit directly against the project’s owner to claim their
entitlements from the contractor within the limits of the entitlements of
the contractor from the project’s owner at the time of instituting the
lawsuit.
2. The sub-contractor employees may institute a lawsuit directly against the
principal contractor and the owner of the project within the limits of
entitlements that shall be given by the project’s owner to the principal
contractor and the entitlements that should be given by the principal
contractor towards the sub-contractor at the time of instituting the
lawsuit.
3. The mentioned employees in the precious two paragraphs may acquire
their rights by concession over the due amounts for the principal
contractor or the sub-contractor, and shall take their due rights in case of
their overlapping with the percentage of each one’s right.
Article 16:
The work contract shall be effective regardless of the change of the employer
because of selling the project, inheritance, merge of the establishment or any
other reason, the original and the new employers shall be considered as jointly
liable for a period of six months regarding the execution of the obligations
resulting from the work contract before the date of change, while after the
expiry of that period, then the new employer shall bear the liability alone.
Article 17:
The employee is not obliged to undertake a work that is significantly different
from the agreed upon work in the work contract unless the necessity so requires
to prevent the occurrence of an accident, repair what has resulted from such
accident, or in case of force majeure and in other cases stipulated by law
provided that this shall be within the employee’s capability and within the
limits of the condition that has entailed that work.
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Article 18:
The employee is not obliged to work in a place other than the one specified for
his work if that has led to change his place of residence unless this was
explicitly stipulated in the work contract.
Article 19:
The employee shall:
A. Perform the work by himself/herself and shall exert the efforts of a normal
person to perform his/her work, he/she also shall abide by the orders of the
employer in relation to implementing the agreed upon work within the limits
that do not expose him/her to danger and do not constitute a violation to the
provisions of the applicable laws or public morals.
B. Keep the confidentiality of the trade and industrial secrets of the employer
and shall not disclose them in any way even after the expiry of the work
contract in accordance with what the agreement or custom entails.
C. Keep the tools given to him/her to perform his/her work such as work
equipment and all instruments related to his/her work.
D. Take the required medical examinations required by the work nature before
the commencement of work to check that the employee is free of the
occupational or contagious diseases.
Article 20:
A. The intellectual property rights shall be griven to the employer if
innovated by the employee, or if the employee has used the expertise,
information, tools, equipment, raw materials of the employer to reach this
innovation unless otherwise agreed upon in writing.
B. The intellectual property rights shall be given to the employee if the
intellectual property right innovated by the employee was not related to
the work nature of the employer, and if the employee has not used the
expertise, information, tools, equipment, raw materials of the employer to
reach this innovation unless otherwise agreed upon in writing.
– This article has become so after deleting its previous text and replacing it with the
present text by virtue of the amended law No. 55 of the year 2001, the previous text was
as follows:
A. Taking into consideration the provisions of paragraph (B) of this article, if the
employee has reached a new invention, the employer shall have no right in this
invention, even if the employee has invented it during his/her work provided that the
priority of purchasing this invention shall be given to the employer.
B. If the nature of works assigned to the employee entails devoting his/her effort in the
invention, the employee may share the rights related to the invention with a percentage
not exceeding (50%) of it, in estimating this percentage, the extent of the academic and
material effort provided by the employee and the instruments, equipment, and all
facilities provided by the employer shall be taken into consideration.
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Article 21:
The work contract shall be terminated in any of the following cases:
A. If both parties have agreed on its termination.
B. If the term of the work contract has expired or the work for which the
contract was concluded is completed.
C. If the employee has died, or has become unable to perform the work
proven by a medical report issued by a medical authority.
Article 22:
The work contract shall not be terminated because of the death of the employer
unless the identity of the employer was taken into consideration in the contract.
Article 23:
A. If one of the parties has intended to terminate the unlimited period work
contract, then he shall notify the other party in writing of his intention of
terminating the contract before one month at least, the notification shall
not be cancelled except by the approval of both parties.
B. The work contract shall remain effective throughout the notification’s
term. The notification’s term shall be counted within the service term.
C. If the notification was provided by the employer, then the employer may
exempt the employee from working during the period of notification, and
the employer may bind the employee to work during that period except in
the last seven days of them, the employee shall be entitled to his/her wage
for the period of notification in all such cases.
D. If the notification was provided by the employee, and the employee left
the work before the expiry of the notification period, then the employee
shall not be entitled for a wage for the period of his/her leaving the work,
and he/she shall compensate the employer for that period in equivalence to
his/her wage.
Article 24:
Taking into consideration what has been stated in article (31) of this law, the
employee shall not be dismissed from work, and no disciplinary procedure shall
be taken against him/her for reasons related to the complaints and claims
provided by the employee to the competent authorities in relation to the
execution of the provisions of law.
Article 25:
If it was evident for the competent court in a lawsuit instituted by an employee
during sixty days from the date of his/her dismissal that the dismissal was
arbitrary and violates the provisions of this law, then it may issue an order to
the employer to return the employee to his/her original work or pay
compensation to him/her in addition to the notification fees and his/her other
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entitlements stipulated in articles (32) and (33) of this law provided that the
amount of this compensation shall not be less than the wages of three months
and shall not exceed the wages of six months, the compensation shall be
counted on the basis of the last wage received by the employee.
Article 26:
A. If the employer has terminated the limited period work contract before the
expiry of its term, or if the employee has terminated it for any of the reasons
mentioned in article (29) of this law, 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.
B. If the employee has terminated the limited period work contract in cases
other than those stipulated in article (29) of this law, the employer shall
have the right to claim the damages arising from that termination which
shall be specified by the competent court provided that the amount that the
employee shall pay shall not exceed the wage of a half month for each
month of the remaining period of contract.
Article 27:
A. Taking the provisions of paragraph (B) of this article into consideration, the
employer shall not terminate the services of an employee, or addresses him
a notification to terminate his/her services in any of the following cases:
1. The pregnant working woman beginning from the sixth month of her
pregnancy or during the maternity leave.
2. The employee charged with the military service or the reserve service
during performing that service.
3. The employee during his/her annual, sick leaves or the leave granted to
him/her for purposes of learning, pilgrimage, or during his/her leave that
has been agreed upon between the parties for devotion to syndicalistic
work or joining an approved institute, college, or university.
B. The employer shall be absolved from the provisions of paragraph (A) of this
article if the employee was hired by another employer during any of the
periods specified in that paragraph.
Article 28:
The employer may dismiss the employee without a notification in any of the
following cases:
A. If the employee has assumed the identity of others or provided forged
certificates or documents for the purpose of gaining benefit or harming
others.
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B. If the employee has not met the obligations that have been arisen from
the work contract.
C. If the employee has committed a mistake that resulted in a serious
financial loss for the employer provided that the employer shall notify
the competent authority/ authorities of the accident during five days from
the date in which the employer comes to know about it.
D. If the employee has violated the bylaw of the establishment including the
conditions of the occupational and employees safety in spite of notifying
him/her twice in writing.
E. If the employee was absent with no justified reason for more than
intermittent twenty days during one year or more than successive ten
days provided that the dismissal shall be preceded by a written
notification that shall be sent in the registered mail to the employee
address and published in one of the local daily newspapers once.
F. If the employee has disclosed the secrets related to work.
G. If the employee was convicted in accordance with a judicial verdict that
has gained the final degree in a delict or felony violating honor and
morals.
H. If he was found in drunkenness condition, affected by narcotics, or
committed an act violating public morals in the place of work.
I. If the employee has assaulted the employer, in charge director, any
employee, or any other person during work or because of work by
beating or degradation.
Article 29:
The employee shall have the right to leave work with no notification while
keeping his/her legal rights related to the end of service and the arising
compensations of damages in any of the following cases:
A. Employing him/her in a work that is significantly different from the
agreed upon work in accordance with the work contract provided that the
provisions of article (17) shall be taken into consideration.
B. Employing him/her in a way that entails changing his/her permanent
place of residence unless the contract has stipulated the permissibility of
this.
C. Transferring him/her to another work of a lower degree than that which
has been agreed upon.
D. Reducing his/her wage provided that the provisions of article (14) shall
be taken into consideration.
E. If a medical report issued by a medical authority has proven that
continuing his/her work will threaten his/her health.
F. If the employer or his representative assaulted him during work by
beating or degradation.
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G. If the employer has defaulted in executing any of the provisions of this
law or any regulation issued by its virtue provided that the employer had
received a notification from a competent authority at the Ministry
entailing his abidance by such provisions.
Article 30:
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.
Article 31:
A. If the economic or technical conditions of the employer entail reducing the
size of work force, replacing a production system with another, or
stopping work completely which may result in terminating unlimited
period work contracts or suspend all of some of the contracts, then the
employer shall notify the Minister of this in writing supported with the
reasons justifying that.
B. The Minister shall form a committee of the three production parties to
verify the validity of the procedures taken by the employer and provide its
recommendation in this regard to the Minister within a period not
exceeding fifteen days from the date of providing the notification.
C. The Minister shall issue his decision in relation to the recommendation
during seven days from the date of submitting it whether by approving the
procedures of the employer or reconsidering such procedures.
D. Any aggrieved party because of the Minister’s decision issued in
accordance with paragraph (C) of this article may appeal the decision
during ten days from the date in which he/she was notified of this decision
at the competent Court of Appeals which shall look into the appeal and
issue its decision in a period of month utmost from the date of registering
the appeal in the court section.
E. The employees whose services have been terminated in accordance with
paragraph (A,B) of this article may return to their work during a year from
the date of their leaving work if the work has returned to its previous state
and their re-employment with the employer was permissible.
F. The employee whose work contract was suspended in accordance with
paragraph (A) of this article may leave his/her work without a notification
with keeping his/her legal rights upon the end of his/her service.
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-This article has become so after deleting the text of paragraphs (A and B)
of it and replacing it with the present text then by adding paragraphs (C
and D) to it and renumerating the previous paragraphs (C and D) to
become (E and F) by virtue of the amended law No. 11 of the year 2004, as
the previous text of the two paragraphs was as follows:
A. The employer may terminate or suspend all or some of the unlimited
period work contracts if his economic or technical conditions entail this
termination or suspension such as reducing the size of work force,
replacing a production system with another, or stopping work completely
provided that the Ministry shall be notified of this.
B. The Minister of Labour may form a committee of the three production
parties to verify the validity of procedures.
Article 32:
Taking into consideration the provisions of article (28) of this law, the
employee working for unlimited period and not subject to the provisions of the
Social Security Law, and whose service is terminated for any reason may
acquire the end of service remuneration in a rate of a month wage for each year
of his/her actual service, for the parts of year, he/she shall be given a
proportional remuneration.
The remuneration shall be calculated on the basis of the last wage that he/she
has received during the period of his/her employment, while if the complete
wage or part of it was calculated on the basis of commission or taskwork, then
the remuneration shall be calculated based on the average of the monthly wage
received by the employee during the twelve months preceding the end of
his/her service.
If the period of his/her service has not reached that extent, then the monthly
average of the total of his/her service period shall be considered, the
intermissions not exceeding a month between one work and another shall be
considered as uninterrupted employment period when calculating the
remuneration.
Article 33:
A. In addition to the end of service remuneration, the employee who is
subject to special regulations of the establishment in which he works
related to the savings or pension funds or any other similar fund shall have
right to take all the entitlements granted to him/her by virtue of such
regulations in case of service termination.
B. The special regulations of funds stipulated in paragraph (A) of this article
shall be approved by the Minister.
C. The regulation of any of the funds stated in paragraph (A) of this article
may stipulate that the investment of the fund’s assets shall be partially or
totally in the shares of the company in which this fund was established.
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D. The funds stated in paragraph (A) of this article shall have an independent
juristic personality, the regulation of any of them shall include the matters
related to the management of fund including the following:
1. A plenary session shall be formed including all those members in the
fund, it shall meet once a year to approve the accounts of the fund and
discuss the administrative and financial issues in addition to electing its
representatives in the fund management committee.
2. The management of the assets and investments of the fund shall be
carried out by a committee whose members should be from the
establishment’s employees and who are members in the fund.
– This article has become so after adding paragraphs (C) and (D)
according to the present text by virtue of the amended law No. 56 of
the year 2001.
Article 34:
If the employee has died, then all his/her rights decided in accordance with the
provisions of this law in addition to his/her rights in any of the funds stated in
article (33) of this law shall be transferred to his/her lawful inheritors.
– This article has become so after deleting its previous text and
replacing it with the present text by virtue of the amended law No.
11 of the year 2004, as its previous text was as follows:
– If the employee has died, then all his/her rights related to the end of
service remuneration stated in this law shall be transferred to
his/her lawful inheritors as if his/her service was terminated by the
employer in addition to his/her rights in any of the funds stated in
article (33) of this law.
Article 35:
A. The employer may recruit any employee under probation to verify his/her
qualifications and capabilities to carry out the required work provided that
the probation period shall not exceed in any case three months and the
wage of the employee under probation shall not be less than the minimum
limit decided for wages.
B. The employer may terminate the employment of the employee under
probation without a notification or remuneration during the probation
period.
C. If the employee has continued working after the expiry period of the
probation, the contract shall be considered as unlimited period work
16
contract, and the probation period shall be considered within the period of
service.
D.
Fifth Chapter
Vocational Training Contract
Article 36:
A. The vocational training contract shall be in writing between the employee
and the employer. The trainer shall have the required qualifications and
expertise in the occupation in which it is intended to train the employee
and the establishment itself shall meet the conditions suitable for training.
B. The training contract shall be organized in accordance with the form and
conditions specified by the vocational training establishment in accordance
with the instructions issued by the establishment for this purpose and shall
be published in the official gazette, the contract shall be exempted from
the stamps fees.
C. The trainee who has reached the age of eighteen shall enter into the
contract himself/herself while if he/she was a juvenile, then his/her
guardian shall represent him/her in the contract.
Article 37:
The training contract shall determine the training period, stages, and the
entitled wages for the trainee in each stage, the wage of the trainee in each
stage, the wage in the last stage shall not be less than the minimum of the wage
given to a similar work, in any case, its determination shall not be based on
taskwork or production. Training shall be organized in accordance with the
programs specified by the vocational training establishment by virtue of
instructions issued for this purpose and published in the official gazette.
Article 38:
The training contract might be terminated upon the request of any of the parties
in any of the following cases:
A. If any of them has committed any violation to the provisions of this law or
the regulations issued by its virtue.
B. If any of them has failed to do his/her duties in accordance with the
conditions of the concluded contract.
C. If executing the conditions of contract was impracticable for reasons
beyond the volition of any of the parties.
D. If the employer has changed the place of training specified in the contract
to another place, and reaching that place constituted a difficulty for the
trainee or prejudiced his/her interest, however, the trainee may not use this
17
reason as a pretext after the expiry of one month from his/her movement to
the new place of training.
E. If the continuation of the trainee in the work threatens his/her safety or
health and this was proven by the report of the labour inspector or a
medical report issued by the authorized medical committee.
Sixth Chapter
Collective Work Contract
Article 39:
The collective work contract shall be organized in three original copies at least,
each party shall keep a copy of it, the third copy shall be kept at the Ministry to
record it in a special register, the collective work contract shall be binding from
the date specified in the contract, in case of not specifying the date, then the
date of its registration at the Ministry shall be considered.
Article 40:
The collective work contract shall be for a limited or unlimited period, if the
contract was of limited period, then its term shall not exceed two years, while if
it was of unlimited period and two years have passed since its execution, then
the parties of the contract shall have the right of terminating it in accordance
with a notification sent to the other party before a month at least from the date
of termination, and a copy of this notification shall be sent to the Ministry.
Article 41:
A. If the collective work contract was terminated by the expiry of its term or
by its termination by one of the parties in accordance with the provisions
of article (40) of this law, and there were negotiations to renew it, extend
its term, or amend it, then its effect shall remain valid throughout the
negotiations for a period not exceeding six months, if the negotiations
have not ended in an agreement during that period, then the contract shall
be considered as invalid.
B. The termination of the collective work contract shall not grant the
employer the right to violate the rights acquired by the employees in
accordance with the contract.
Article 42:
A. The collective work contract shall be binding to the following categories:
1. Employers, their successors including their inheritors and those to whom
the establishment has been transferred in any manner or when this
establishment is merged with another.
18
2. The employees covered in its provisions in case of their withdrawal
from the association or in case the association has withdrawn from the
federation, which is a member in the collective work contract if they
were members in that association or if that association was a member in
the federation at the time of concluding the contract.
3. Employees of any establishment that is subject to the provisions of the
collective work contract even if they were not members in any
association.
4. Employees of any establishment that is subject to the provisions of the
collective work contract who are engaged in individual work contracts
with that establishment, and the conditions of their contracts were of less
advantage to them than those mentioned in the collective contract.
B. Any condition violating the collective work contract stated in any individual
contract concluded between individuals engaged in the collective contract
shall be invalid unless this condition was of more advantage to the
employees.
Article 43:
Upon the request of any of the employers or employees, after conducting a
thorough study including looking into the recommendations reached by the
Minister through the concerned employers and employees, the Minister may
decide to extend the scope of comprehensiveness of any collective contract that
a period not less than two months has passed since its implementation so that
all its conditions shall be applicable on the employers and employees in a
certain sector or on a category of them in all areas or in a certain area, the
decisions issued by virtue of this article shall be published in the official
gazette.
Article 44:
The Minister shall issue instructions that will specify how to register the
collective work contracts, entering into them, procuring copies of them in
addition to other organizational matters related to such contracts, a declaration
indicating the existence of a collective work contract, the contract parties,
contract’s date, place of contract shall be posted inside the establishment and
places of work.
Seventh Chapter
Wages Protection
Article 45:
The amount of wage shall be specified in the contract. If the wage was not
stated in the work contract, then the employee shall take the estimated wage for
a work of the same type, if any, otherwise, the wage shall be estimated in
19
accordance with the custom; otherwise, the court shall estimate it in accordance
with the provisions of this law considering it as a labour dispute on wage.
Article 46:
A. The wage shall be paid during a period not exceeding seven days from the
date of its maturity; the employer shall not deduct any part of it except in the
cases allowed by law.
B. The employee’s signing on any register or record of wages or a receipt of the
recorded amount does not mean waiving his/her right in any increment to
the received amount by virtue of law, regulation or contract.
Article 47:
No amount shall be deducted from the employee’s wage except in the following
cases:
A. Getting back what the employer has provided of prepayments to the
employee in such a manner that each installment that is refunded of the
prepayment shall not exceed (10%) of the wage.
B. Refunding any amount paid to the employee in excess of his/her
entitlement.
C. The social security subscriptions and its due installments on the
employee, and the deductions that shall be made in accordance with the
other laws.
D. The employee’s subscriptions in the savings fund.
E. Deductions related to the housing facilities provided by the employer in
addition to the other benefits or services according to the agreed upon
rates or percentages between the parties.
F. Each debt received as execution of a judicial verdict.
G. The amounts imposed on the employee because of his/her violation to
the provisions of the bylaw of establishment or work contract or against
what the employee has destroyed of instruments or tools because of
his/her neglect or mistakes in accordance with the special provisions
stated in this law.
Article 48:
The employer may not take any disciplinary procedure or impose a fine against
the employee for a contravention not stated in the penalties list approved by the
Minister or whom he authorizes provided that the following shall be taken into
consideration:
A. No fine exceeding the wage of three days monthly might be imposed on the
employee. Besides, the employer may not dismiss the employee temporary
for a period exceeding three days in the month, and the employee should be
given the opportunity to hear his/her testimonies to defend himself/herself
before imposing the penalty against him/her, and the employee has the right
20
to object against the penalty imposed against him/her to the labour inspector
during one week from the date of his/her being notified of it.
B. No disciplinary procedure shall be taken and no fine shall be imposed
against him/her for any contravention not stated in the approved penalties
list after the expiry of fifteen days since committing it.
C. The fines imposed by virtue of this article shall be recorded in a special
register in which the name of the employee, his/her wage, and the reasons of
imposing the fine against him/her shall be registered, the fines shall be
assigned to providing social services to the employees of the establishment
according to the decision of the Minister or whom he authorizes.
– This article has become so after adding the phrase (or whom he
authorizes) after the word (Minister) mentioned at the beginning of the
article and in paragraph ( C) of it in accordance with the amended law No.
11 of the year 2004.
Article 49:
If it was proven that the employee has caused the loss or the damage of
instruments, machines, or products owned by the employer and were under the
custody of the employee, and this loss or damage was the fault of the employee
or resulted from his/her violation of the instructions of the employer, the
employer may deduct from the employee’s wage the value of the lost or
damaged things or the cost of their fixing provided that the amount of
deduction for this purpose shall not exceed the wage of five days in the month,
the employer may resort to the competent regular courts to claim the
compensation of the damages caused by the employee.
Article 50:
If the employer was compelled to dismiss the employee temporary for a reason
that the employer can not get rid of, then the employee shall be entitled to the
full wage for a period that does not exceed the first ten days from being
dismissed from work during the year, and the employee shall be paid half of
his/her wage for the period exceeding that so that the total of the paid
temporary dismissal shall not exceed sixty days in the year.
Article 51:
A. 1- The due wages and amounts according to the provisions of this law, for
the employee, his/her inheritors, or any of those entitled to them after
his/her death, shall be considered as privileged debts of the first degree.
2- The employee shall lose his/her right in the general lien stated in item (1)
of this paragraph if it was proven to the competent court that the wages
and the due amounts covered in this lien are not based on any legal basis.
21
B. In case of liquidating the establishment or the bankruptcy of the employer,
the liquidator or the bankruptcy attorney may pay to the employee or his/her
inheritors promptly as soon as he lays his hands on the properties of the
employer in equivalence with the wage of one month from the due amounts
before paying any other expenses including the judicial expenses and the
expenses of bankruptcy or liquidation.
– This article has become so after deleting the text of paragraph (A) of it
and considering its text as item (1) and adding item (2) in the present text
by virtue of the amended law No. 11 of the year 2004, as its previous text
was as follows:
A. Notwithstanding what is stated in any other law, the wages and due
amounts by virtue of the provisions of this law to the employee, his/her
inheritors or those entitled to them shall be considered as privileged debts
of general lien of the first degree that shall precede the other debts
including taxes, fees and the other rights due to the government and the
debts insured by liens or in kind securities.
Article 52:
A. Upon the recommendation of the Minister, the Council of Ministries shall
form a committee constituted from an equal number of representatives of
the Ministry, employees and the employers, the Council shall appoint its
president from its members, this committee shall determine the minimum of
wages in the Jordanian Dinar generally or for a specified area or occupation,
the term of membership in such committee shall be two years renewable.
B. The committee shall hold its meetings whenever necessary by an invitation
of its president, its decisions shall be submitted to the Minister if such
decisions were not taken unanimously so that the Minister shall submit the
matter to the Council of Ministers to take the decision in this regard
provided that when determining the wage, the costs of living shall be taken
into consideration, the final decisions issued by virtue of this article shall be
published in the official gazette including the date in which they become
effective.
Article 53:
The employer or his representative shall be punished by a fine not less than
twenty five JDs and not exceeding one hundred JDs for each case in which he
pays an employee a wage less than the decided minimum for wages in addition
to deciding that the employee shall be given the wage difference, the penalty
shall be aggravated in case the contravention was recurred.
22
Article 54:
A. Upon the recommendation of the Minister, the Council of Ministers shall
appoint an authority formed of the experts and specialists in the labour
affairs, this authority shall be called the authority of wages and is
constituted from one person or more to look into the lawsuits related to the
wages in a certain area such as the deficiency of the paid wage, illegal
deductions, delay in paying the wage, or the wages of the overtime work,
provided that a decision shall be issued in their regards urgently. It is
stipulated to approve the lawsuit that the employee is still working for the
employer or that not more than six months have passed since the
employee’s leaving the work, in case this condition was not met, then the
employee shall have the right to resort to the competent regular court.
B. The authority of wages shall not be bound to execute the procedures and
rules adopted in courts, and shall have the powers given to the regular
courts in the following issues:
1. Summoning any person to hear his/her testimony after taking the oath,
and bringing him/her by the competent security authorities in case
he/her has failed to appear.
2. Asking the lawsuit parties to provide documents and evidence that it
deems necessary to decide in the lawsuit.
C. The employee or the trade union on his/her behalf shall present the pleading
in writing, one pleading might be presented by a number of employees if
they were working in the same establishment, and the reason of their
lawsuit was the same, each of the litigating parties may appoint a
representative to act on his/her behalf before the competent authority of
wages, the employer shall present a detailed plea to the pleading for each
fact before the competent authority of wages enclosing the documents and
evidence proving his settling the wages claimed by the employee or that
the employee is not entitled to them, this shall be during a period not
exceeding ten days from the date of being notified of the lawsuit
documents, before holding its sessions to look into the plea, the authority
may request from any of the parties to provide it with any illustration,
documents, or evidence it deems necessary to decide in the lawsuit.
D. The authority of wages may ask the employer within a period that it shall
specify to pay the employee the illegally deducted wages, the unpaid or
due wages or those that he has defaulted in paying in the specified period
for this purpose, and it may add a compensation that it shall estimate
provided that it shall not exceed the deducted or unpaid amount for the
period for which the wages are requested and on the condition that the
employer shall not be bound to pay compensation for the deficient wages
or the wages whose payment has been delayed if the authority was
convinced that the delay was resulting from a mistake with bona fide, a
dispute regarding the amount that shall be paid, an emergency state, or the
23
default of the employee from claiming the payment of wages or accepting
them.
E. The authority of wages shall look into the instituted lawsuit in the presence
of both parties or their representatives; the lawsuit shall be extinguished if
the plaintiff employee has failed to appear, and shall look into it in his
presence if the defendant employer has failed to appear, in this case, it shall
issue its decision against the latter in absentia, and its decision shall be
appealable at the Court of Appeals during ten days from the date of being
notified if the adjudged amount for the employee exceeds one hundred JDs.
F. The decisions of the authority of wages shall be executed by the competent
execution departments as if they were decisions issued by the regular courts
provided that the adjudged amounts shall not be subject to installments.
G. The plea presented by the employee to the authority of wages and its
decisions presented for execution to the execution departments shall be
exempted from fees and stamps.
H. The remunerations decided by the Minister shall be disbursed to the
authority, and the employees working for it, the number of the decided cases
and the cases presented before it shall be taken into consideration provided
that the authority shall perform its duties beyond the official working hours.
– This article has become so after adding a phrase to the end of paragraph
(C) of it by virtue of the amended law No. 11 of the year 2004.
Eighth Chapter
Organization of Work and Leaves
Article 55:
Each employer employing ten employees and above shall set a bylaw to
organize the work in his establishment, in this bylaw he shall clarify the
working hours, daily and weekly rest time, work contraventions, the penalties
and procedures taken in their regards including dismissal, how these penalties
are executed and any other details entailed by the work nature shall be
illustrated, the bylaw of the establishment shall be approved by the Minister or
whom he authorizes, it shall be effective from the date of its approving.
– This article has become so after adding the phrase (or whom he
authorizes) after the word (Minister) mentioned in it by virtue of the
amended law No. 11 of the year 2004.
24
Article 56:
A. The working hours shall not exceed eight per day and forty hours per week
except in the cases stipulated by this law, the time allocated for meals and
rest shall not be calculated.
B. The maximum of the weekly working hours and rest times might be
distributed so that its total may not exceed eleven hours per day.
This article has become so after deleting its previous text and replacing it
with the present text by virtue of the amended law No. 11 of the year 2004,
as its previous text was as follows:
The ordinary working hours shall be eight hours per day provided that
they shall not exceed forty eight hours per week distributed over a
maximum of six days, whereby the time allocated for meals and rest shall
not be calculated, the working hours shall not exceed that except in the
cases stipulated in this law.
Article 57:
The employer may increase the daily or weekly working hours of the employee
in any of the following cases provided that the employee shall receive the
overtime pay stipulated in this law:
A. Doing the yearly inventory work for the establishment, preparing the
balance sheet and the final accounts in addition to preparing for selling with
low prices provided that the number of days on which the provisions of this
paragraph apply shall not exceed thirty days yearly and the actual working
hours shall not exceed ten hours for each day.
B. For avoiding the loss in goods or any other material that might be exposed
to damage, avoiding the risks of any technical work or receiving, delivering
or transferring certain materials.
– This article has become so after deleting the word (normal) mentioned in
it and replacing it with the phrase (or weekly) by virtue of the amended
law No. 11 of the year 2004.
Article 58:
The provisions of the articles related to the working hours stipulated in this law
shall not be applicable on 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.
25
Article 59:
A. 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.
B. 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.
– This article has become so after deleting the word (normal) mentioned in
paragraph (A) of it and replacing it with the phrase (daily or weekly) by
virtue of the amended law No. 11 of the year 2004.
Article 60:
A. Friday of every week is the employees weekly holiday unless the nature of
work requires otherwise.
B. By the approval of the employer, the employee may accumulate the days
of his weekly holiday and get them during a period not exceeding a month.
The weekly holiday for the employee shall be paid unless he/she was
working on daily or weekly basis, then in both cases, he/she shall be
entitled to the wage of the weekly holiday if he/she has worked for six
successive days before the day specified for holiday and he/she shall be
entitled to that wage according to the percentage of the days in which
he/she has worked during the week if they were three days or more.
Article 61:
A. Each employee shall be entitled to an annual leave with full pay for fourteen
days per each year of service unless more than that period was agreed
upon provided that the annual leave shall be twenty one days if the
employee remains in the service of the employer five successive years, the
public holidays, religious feasts and the weekly holidays shall not be
calculated from the annual leave unless they took place during it.
B. If the employee’s period of service has not reached a year, then he/she shall
be entitled to a paid leave with the percentage of the period for which
he/she has worked during the year.
C. The employee’s leave might be suspended for any year by the agreement of
the employee and the employer to the following year, the employee’s right
in the suspended leave in this manner shall be extinguished if the year for
which the leave was suspended passed and he/she has not requested to use
that leave during that year, the employer may not reject the employee’s
request to get his/her leave.
D. During the first month of the year, the employer may specify the date of the
annual leave for each employee and how it shall be used in the employer’s
26
establishment in accordance with the work requirements provided that the
employer shall take into consideration the interest of the employee.
Article 62:
If the annual leave was not taken once then its part shall not be less than two
days for each time.
– This article has become so after deleting the phrase (six days) mentioned
in it and replacing it with the word (two days) by virtue of the amended
law No. 11 of the year 2004.
Article 63:
If the employee’s service was terminated for any reason before he/she has used
his/her annual leave, then he/she shall be entitled to receiving the wage for the
days that he/she has not used of that leave.
Article 64:
Each agreement entailing the employee’s waiving his/her annual leave or any
part of it shall be invalid.
Article 65:
Each employee shall be entitled to a fourteen– day – sick leave with full pay
per year based on a report from the physician approved by the establishment, it
might be renewed for another fourteen days with full pay if he/she was an inhospital
patient and with half a wage if the sick leave was based on the report
of a medical committee approved by the establishment and he/she was not an
in-hospital patient.
Article 66:
A. Each employee shall be entitled to a full paid leave of fourteen days per year
in any of the following cases:
1. If he/she joined a course for labour education approved by the Ministry
upon the candidacy of the employer or the manager of the establishment
in cooperation with the concerned association.
2. For performing the duty of pilgrimage. To grant this leave, it is stipulated
that the employee has worked for five successive years at least for the
employer; this leave shall not be given more than once during the period
of service.
B. The employee may get an unpaid leave of four months if he/she joined an
approved university, institute or college to study.
27
Article 67:
The woman working in an establishment that employs ten employees or more
shall have the right to get an unpaid leave for a period not exceeding a year to
dedicate herself for nurturing her children, she may return to her work after the
expiry of that leave provided that she shall lose this right if she has worked in
any other establishment with pay during that period.
Article 68:
Each of the working couple shall have the right to get an unpaid leave once for
a period not exceeding two years to accompany his/ her couple if he/ she
moved to another work located outside the governorate in which he/she works
inside the Kingdom or moved to a work abroad the Kingdom.
Article 69:
In accordance with a resolution of the Minister after consulting the competent
official authorities, the following shall be specified:
A. Industries and occupations in which employing women is prohibited.
B. Times in which it is prohibited to make women work and the excluded
cases.
Article 70:
The working woman shall be entitled to a full paid maternity leave before and
after delivery, the total of this leave shall be ten weeks provided that the period
subsequent to delivery shall not be less than six weeks, it is prohibited to make
her work before the expiry of that period.
Article 71:
After the expiry of the maternity leave stipulated in article (70) of this law, the
working woman shall be entitled to take paid intermittent period(s) for nursing
her newborn baby during a year since the delivery date, the total of this period
shall not exceed an hour per day.
Article 72:
The employer who employs not less than twenty married women shall prepare
a suitable place under the supervision of a qualified nursemaid for the children
of the working women whose ages are less than four years provided that their
numbers shall not be less than ten children.
Article 73:
Taking into consideration the provisions related to the vocational training, no
juvenile not reaching sixteen might be employed under no circumstances.
28
Article 74:
No juvenile not reaching eighteen may be employed in the dangerous or
exhausting occupations or those harmful to health. These occupations shall be
specified by decisions issued by the Minister after consulting the competent
official authorities.
– This article has become so after deleting the phrase (seventeen) and
replacing it with the phrase (eighteen) by virtue of the amended law No. 11
of the year 2004.
Article 75:
No juvenile may be employed in the following cases:
A. More than six hours per day provided that he/she shall be given a rest time
not less than one hour after successive four working hours.
B. Between 8 p.m. and 6 a.m.
C. In the religious feasts, public holidays and weekly holidays.
Article 76:
The employer who approved employing any juvenile shall request from
him/her or his/her guardian to provide the following documents:
A. True copy of the birth certificate.
B. Certificate of health fitness of the juvenile for the required work issued by
the competent physician and approved by the Ministry of Health.
C. The written approval of the juvenile’s guardian regarding the juvenile’s
working in the establishment, these documents shall be reserved in a
special file for the juvenile with sufficient data regarding his/her place of
residence, date of his/her employment, the work for which he/she was
employed, his/her wage, and leaves.
Article 77:
The employer or the establishment manager shall be punished for any violation
of any of the provisions of this chapter, any regulation or decision issued by its
virtue with a fine 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.
Ninth Chapter
And
Article 78:
A. The employer shall do the following:
1. Provide the required precautions to protect the employees from the
dangers and diseases that may result from the work and the used
equipment.
29
2. Provide personal protection equipment for the employees to protect them
against the work dangers and occupational diseases such as clothes,
glasses, gloves, shoes and others, in addition to guiding them how to use,
keep them and keep their cleanliness.
3. Acquainting the employee before his/her employment with the dangers
of his/her occupation and the protective means that shall be taken in
accordance with the regulations and decisions issued in this regards.
4. Providing the medical aid means and equipment for the employees in the
establishment in accordance with the levels specified by the Minister
after consulting the competent official authorities.
B. The employees shall not bear any expenses arising from executing or
providing what has been mentioned in paragraph (A) of this article.
Article 79:
After consulting the competent official authorities, the Minister shall determine
in the instructions that he shall issue the following:
A. Precautions that should be taken or provided in all establishments or in any
of them to protect the employees and establishments from the dangers of
work and the occupational diseases.
B. The equipment that shall be provided in the establishments or any of them
to protect the employees from the dangers of work and the occupational
diseases.
C. The basis and standards that should be available in the industrial
establishments to secure an environment free of pollution, noise,
vibrations and all what may endanger the health of the employee in
accordance with the approved international standards and determine the
methods of check and test related to controlling these standards.
Article 80:
The employer shall take the required precautions for protecting the
establishment and employees from the dangers of fire, explosions, storing,
transferring or dealing with flammable materials and provide the sufficient
equipment or means in accordance with the instructions of the competent
official authorities.
Article 81:
The employer or employee may not permit the entry or exhibition of any kind
of alcoholic beverages, drugs, narcotics, or dangerous drugs to the places of
work, and no person may enter such places or remain there for any reason
while he/she is under the effect of such beverages or drugs.
30
Article 82:
The employees working in any establishment shall abide by the provisions,
instructions and decisions related to the precautions of protection, vocational
health and safety, using and maintaining the equipment of vocational health and
safety, and refraining from any act that may hinder the execution of such
provisions, decisions and instructions and refraining from misusing the
equipment of protection and vocational health and safety or destroying them at
the risk of being subject to the disciplinary penalties stipulated in the bylaw of
establishment.
Article 83:
After consulting the competent authorities, the Minister may issue instructions
by virtue of which, he shall specify each occupation in which no employee
might be appointed before making the medical checkup to make sure of his/her
health fitness to do such work, the instructions issued by virtue of this article
shall be published in two daily local newspapers and the official gazette.
Article 84:
A. If the employer has violated any provision of this chapter, the Minister
may close down the establishment or the place of work totally or partially
or stop the operation of any equipment if such violation may expose the
employees, establishment or equipment to danger till the employer
removes the contravention.
B. It is stipulated that the Minister shall not issue his decision stipulated in
paragraph (A) of this article before addressing a warning to the employer
to remove the contravention during the period specified in the warning in
accordance with the seriousness of the contravention.
C. In case of closing the establishment or place of work or stopping the
operation of equipment in the establishment, it is stipulated not to
prejudice the right of employees in receiving their wages in full for the
period of closing or stopping the operation.
D. The Minister may refer the contravener to the competent court and in this
case he/she shall be punished by a fine not less than one hundred JDs and
not exceeding five hundred JDs, the fine shall be aggravated in case of
recurrence, the adjudged fine shall not be less than its minimum for any
reason.
Article 85:
Upon the recommendation of the Minister, the Council of Ministers shall issue
the required regulations in the following matters:
A. Forming the vocational health and safety committees, appointing the
supervisors in the public and private establishments and determining the
powers and duties of such committees and supervisors.
31
B. The preventive and therapeutic medical care for the employees, duties of the
employers in its provision, how to establish joint medical units between
more than one establishment, method of its financing, the devices that
should be available in such units and the regular medical checkups for the
employees.
C. Protection and safety from the industrial machines and devices in addition to
the places of work.
Tenth Chapter
Work Injuries and Occupational Diseases
Article 86:
The provisions of this chapter related to the labour injuries and occupational
diseases shall be applicable on the employees who are not subject to the
provisions of the applicable Social Security Law.
Article 87:
A. If the employee was injured because of work an injury that led to his/her
death or caused him/her a serious body injury that hindered his/her
continuation in work, the employer shall transfer the injured to the hospital
or any medical center and notify the competent security authorities of the
accident and send a notification to the Ministry during a period not
exceeding (48) hours from the occurrence of the accident, the employer
shall bear the expenses of transferring the injured to the hospital or the
medical center to treat him/her.
B. The employer, establishment manager or its representative shall be punished
in case of his/her violation to the provisions of paragraph (A) of this article
with a fine not less than one hundred JDs and not exceeding five hundred
JDs for each violation, the penalty shall be aggravated in case of recurrence.
Article 88:
The employer shall be responsible for paying the compensation stated in this
law for the employee who has been infected with an occupational disease
resulting from his/her work based on a report of the medical authority.
Article 89:
Taking into consideration what has been mentioned in any other law or
legislation, the injured or entitled may not claim any compensation from the
employer other than those mentioned in this law in relation to the work injuries
except if the injury was resulting from the mistake of the employer.
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Article 90:
A. If the work injury has resulted in the death of the employee or his/her total
disability, the employer shall compensate the employee with the wage of
one thousand and two hundred working days provided that the
compensation shall not exceed five thousand JDs and not less than two
thousand JDs.
B. If the work injury has led to temporary disability of the employee, then
he/she shall be entitled to a daily remuneration equaling (75%) of the rate of
his/her daily wage as of the date in which the injury has taken place during
the period of medication which shall be determined based on a report of the
medical authority if his/her medication was outside the hospital, the
remuneration shall be reduced to (65%) of that wage if the injured was
treated at one of the approved medication centers.
C. If the work injury has resulted in permanent partial disability in accordance
with the report of the medical authority, the employee shall be paid
compensation at the rate of that disability to the compensation decided for
the total disability by virtue of table No. (2) annexed to this law.
D. If the one work injury has resulted in more than one body injury, the injured
employee shall be entitled to compensation for each injury in accordance
with the basis stipulated in this law provided that the total of that amount
payable shall not exceed the amount of the compensation payable in case of
total disability.
– This article has become so after adding the phrase (determined)
after the phrase (period of medication) mentioned in paragraph (B)
by virtue of the amended law No. 11 of the year 2004.
Article 91:
The compensation stipulated in this law shall be calculated on the basis of the
last wage received by the employee if the employee was a taskwork employee,
then it shall be calculated on the basis of the average wage during the last six
months of his/her work.
Article 92:
A. The due compensation shall be estimated by virtue of this law upon the
request of the employer, employee, or those entitled, in case of nonagreement
over the compensation, then the secretary-general shall estimate
it being the commissioned with estimating compensations, and he/she shall
be a litigant party in the lawsuit related to compensation, the Minister may
appoint other commissioners from the Ministry officials to exercise the
powers of the commissioner in any area of the Kingdom, the compensation
shall be paid once during thirty days from the date of informing the
concerned parties with the decision of the commissioner.
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B. The compensation stated in this law shall not hinder the employee or the
entitled getting the end of service remuneration if its entitlement conditions
were met.
C. Any lawsuit related to the compensation stated in this law shall not be
looked into by any court if the petition presented in its regard was submitted
to the commissioner and was still in the stage of consideration.
Article 93:
No compensation petition shall be approved for any work injury unless
submitted to the commissioner during two years from the date of its occurrence
or from the date of the death of the injured employee, however the
commissioner may approve the petition after two years have passed from the
date of injury or death if the delay in its submission was resulting from a
justified excuse including final instability of the results of injury.
Article 94:
A. Taking into consideration the text of paragraph (B) of this article, the
injured right in the daily remuneration and the cash compensation shall be
extinguished provided that any of the following cases shall be proven by
the result of the investigation made by the competent authorities after
hearing the testimonies of the employer, his representative and the injured
when his/her health condition allows that:
1. If the injury resulted from an intentional act, mistake or serious
negligence of the injured.
2. If the injury resulted from the effect of alcoholic beverage, drugs or
narcotics.
3. If the injured has violated the decided instructions regarding his/her
treatment from the injury, protection, or the declared industrial
security which shall be followed, and this violation had an effect in
the occurrence of injury.
B. The provisions of paragraph (A) of this article do not apply to any case of
injury as the cases stipulated in that paragraph if they caused the death of
the injured or if he was afflicted with permanent disability not less than a
percentage of (30%), the daily remuneration or cash compensation shall be
disbursed to the injured or those entitled according to the case.
Article 95:
In any case, the compensation that should be paid by virtue of the provisions of
this law might not be mortgaged or seized except for the sustenance loan not
exceeding the third of the compensation amount and it might not be transferred
to another person except the employee or those entitled or by claiming the due
compensation setoff after the death of the employee.
34
Article 96:
Taking into consideration the provisions of article (95) of this law, the
compensation shall be distributed among those entitled in case of the death of
the employee according to the percentages stated in table No. (3) annexed to
this law.
Eleventh Chapter
Trade Union and Employers Associations
Article 97:
A. The employees in any occupation may establish a trade union for them in
accordance with the provisions of this law, the employee in that occupation
shall have the right to join it if he/she has met the membership conditions.
B. The employer shall not make the recruiting of the employee subject to the
condition of his/her not joining the trade union, or waiving his/her
membership in it, and the employer may not ask the employee to be
disengaged from any association, the employer may not prejudice any of the
employee’s rights because of his/her membership in any association or
contributing in its activities beyond the working hours.
C. The trade unions and employers associations may not make any act that
involves the intervention of any of them in the other association affairs
directly or indirectly in relation to its structure, management, and how it is
operated.
– This article has become so after adding paragraph ( C) to it with the
present text by virtue of the amended law No. 11 of the year 2004, the title
of this chapter was amended and replaced with the present title by virtue
of the amended law No. 11 of the year 1999.
Article 98:
A. Taking into consideration the provisions of paragraph (B) of this article,
the association shall be established by founders whose number shall not be
less than fifty of those working in the same occupation or similar
occupations or those related to each other in the same production.
B. The Minister may issue a decision to categorize the occupations and
industries whose employees may establish an association for them with the
agreement with the General Federtaion of Trade Unions, and he shall
specify in his decision the groups of occupations and industries for which
not more than one general trade union might be established for all its
employees because of their similarity, or those related occupations, or their
35
sharing the same or integrated production, and he shall make his decision
applicable on the existing associations.
Article 99:
A. The trade union shall execute its activity to achieve the following goals:
1. Safeguarding the interests of those working in the occupation and
defending their rights in the scope of the provisions stipulated in this law.
2. Providing the health and social services to the employees joining a trade
union and establishing medical clinics, the social care establishments and
the consumer goods establishments.
3. Working to raise the economical, vocational and educational level of the
employees.
B. The trade union may open branches in the Kingdom and specify the
provisions and procedures related to the relation between the trade union
and its branches by virtue of its bylaw.
Article 100:
After consulting the Ministry, the General Federation of Trade Unions shall set
a bylaw for the federations and unions provided that the bylaw of the unions
shall include the following:
A. Name of the union and the address of its headquarter.
B. Objectives for which the union is established.
C. Procedures of members joining or disjoining.
D. How to establish the branches of the union throughout the Kingdom and the
conditions of forming committees and their procedures.
E. Number of the members of the administrative body of the union, its
duration, how it is elected, time of its meetings, how to fill the vacancies in
its membership and its powers.
F. Rights enjoyed by the members of the union, obligations borne by them,
cases in which the member is subject to disciplinary penalties including fine
and dismissal from the union.
G. Services and the financial aids provided to the member in case of necessity
including the contribution in the treatment costs and the appointment of
attorneys.
H. Conditions of appointing employees in the union, its procedures, terminating
their services.
I. How to preserve the properties of the union; keep its books and financial
records.
J. Procedures of calling the plenary session of the union to its ordinary and
extraordinary meetings.
36
Article 101:
A. The trade unions registered prior to the validity of this law shall be
considered as existent as if they were registered by its virtue.
B. The trade unions registered prior to the validity of this law shall be
considered as if they were registered by its virtue.
C. The aforementioned trade unions and then and employers associations shall
adjust their conditions and regulations with the provisions of this law during
a period not exceeding six months since its validity.
– This article has become so after deleting its previous text and replacing it
with the present text by virtue of the amended law No. 11 of the year 1999,
it previous text was as follows:
A. The trade unions registered prior to the validity of this law shall be
considered as existent as if they were registered by its virtue.
B. The employers association registered prior to the validity of this law
shall be considered as if they were registered by its virtue.
C. The aforementioned trade unions and employers associations shall
adjust their conditions, regulations, and designations with the provisions of
this law during a period not exceeding six months since its validity.
Article 102:
A. An application for registering any trade union or employers association
signed by the founders shall be submitted to the Registrar of Associations
and the Employers Associations at the Ministry enclosed with the
following:
1. Bylaw of the association or the employers association including its
name, main office and address.
2. The members of the first administrative body elected by the founders.
B. The Registrar of Associations and Employers Association may
commission the administrative body to provide him with any additional
details that he deems necessary to look into the application and completing
the procedures of registering the association or the employers association.
C. The Registrar of Associations and Employers Association shall issue his
decision regarding the application of registering any association or
employer association during a period not exceeding thirty days from the
date of submitting him the application, if the Registrar approved the
application, he shall issue a certificate of registering the association, and
shall publish the registration decision in the official gazette, if he decides
to disapprove the application, the founders may appeal his decision at the
Supreme Court of Justice during thirty days from the date of declaring the
decision.
D. The persons injured from registering any association or the employers
association may appeal the registration decision at the Supreme Court of
37
Justice during thirty days from the date of publishing the decision in the
official gazette.
– The word ( association) or (associations) shall be cancelled wherever
mentioned in the original law including the articles (102), (103), (104),
(105), (106), (107), (108), and (121) and shall be replaced with the phrase (
employers association) or (employers associations) as the case may require
by virtue of the amended law No. 11 of the year 1999.
Article 103:
A. The association or the employers association shall be considered as
existent according to the name in which it was registered, and shall acquire
the juristic personality, by this capacity, it shall exercise all the acts that it
may exercise in accordance with its bylaw as of the date of:
1. Publishing the decision of the Registrar of Associations and the
Employers Association of registering the association and the employers
association in the official gazette.
2. Or the issuance of the judgment of the Supreme Justice Court which
stipulates the cancellation of the decision of the Registrar regarding the
disapproval of registering the association or the employers association.
3. The expiry of the appeal period stipulated in article (102) of this law.
B. The association or the employers association shall inform the Registrar of
Associations and the Employers Associations regarding any change or
amendment made to its bylaw during fifteen days from this change or
amendment.
Article 104:
All the correspondences and notices shall be sent to the association or the
employers association at its registered address, the Registrar of Associations or
Employers Association shall be informed of any change made to the address
during seven days of the change, which shall be registered in the associations
record and the employers association with the Registrar, otherwise the
registered address shall be considered as still existent.
Article 105:
The Registrar shall cancel the certificate of the association or employers
association registration if it was proven that such association does not exist any
more whether because it has been dissolved voluntarily or in accordance with
the provisions of this law or according to a judicial judgment.
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Article 106:
The association or the employees association shall be dissolved voluntarily by
the approval of two thirds of its members who have paid their subscriptions in
an extraordinary meeting held by the general assembly of the association or the
employers association for this purpose, its assets and rights shall be dissolved
and disposed in such case in accordance with the provisions of the bylaw, the
Minister and the General Federation of Trade Unions shall be notified of the
dissolution decision during fifteen days from the date of its issuance and shall
be published in the official gazette.
Article 107:
A. If the association or the employers association has defaulted in providing the
Ministry with any notice, statement, balance sheet, or any of the accounts or
documents that should be provided in accordance with this law and the
regulation issued by its virtue, then the association or the employers
association or its representative shall be punished by a fine not less than
fifty JDs and not exceeding one hundred JDs, the adjudged fine shall not be
reduced for any reason.
B. If the association or the employers association has violated the provisions of
its bylaw, it shall rectify the situation whether by itself or upon the request
of the Ministry or the General Federation of Trade Unions during a period
not exceeding three months, if it has not rectify the situation during the
decided period, then it shall be referred by the Minister or whom he
authorizes to the competent Court of First Instance to sue it for that
contravention, the Court may decide to prevent the association from
practicing its activities till the issuance of its judgment in the lawsuit.
Article 108:
A. The employers in any occupation may establish employers association
for them to safeguard their vocational interests in relation to the
execution of the provisions of this law.
B. The employers association shall be established by founders not less than
thirty of the employers of the same occupation, similar occupations,
related occupations, or common occupations in the same production, the
employer in any occupation shall have the right to join the employers
association representing his occupation or refrain from that.
C. It is stipulated that the founder of any association of the employers
associations and trade unions and the membership applicant shall meet
the following conditions:
1. He shall be Jordanian.
2. The age of the founder shall not be less than 25, and the age of the
membership applicant shall not be less than 18.
39
3. He shall not be sentenced with a felony or delict violating honor and
morals.
– This article has become so after deleting the text of item (2) of
paragraph (C) and replacing it with the present text by virtue of the
amended law No. 12 of the year 1997 as its previous text was as
follows:
– “2. His age shall not be less than 25”.
Article 109:
The assets of the employees association shall not be disbursed except for
justified purposes related to the interest of the association including the
following:
A. Salaries, allowances and expenditures for the working employees in it
and the full- time members working in it.
B. Costs of the association management including the wages of auditing its
accounts.
C. Fees of the judicial lawsuits instituted by or against the association and
their costs if the association or any of its members was a party in the
lawsuit, and the lawsuit was for securing any right for the association,
protecting it, or it was related to rights arising from the relation of a
member with the employer.
D. Costs of any labour dispute related to the association or a member of the
association.
E. Compensating the members for any loss arising from a labour dispute.
F. Monetary aids paid to the association members or their family members
because of death, old age, sickness, unemployment, or accidents that
occur to them.
G. Costs of the educational and social services provided by the association
to the members.
Article 110:
A. The labour associations shall form the General Federation of Trade
Unions, and it shall have a juristic personality, in which each association
shall keep its special rights.
B. The Federation shall be constituted from the members of associations from
which the Federation is constituted, and shall enjoy all the rights enjoyed
by the union.
C. By the approval of the General Federation of Trade Unions, two
associations and above may constitute a vocational union provided each of
them shall acquire the approval of the majority for its plenary session, and
shall acquaint the registrar with that in writing.
40
D. The General Federation of Trade Unions and the registered vocational
unions shall have the right to join any Arab or international labour
organization that has justified means and aims.
E. Organizing the affairs of the General Federation and the vocational unions
in a special regulation issued for this purpose.
Article 111:
Any employee or member in any trade union shall not be punished, and no
legal or judicial procedures shall be taken against him/her because of an
agreement concluded between the union members regarding any purpose of the
justified purposes of the trade unions provided that the agreement shall not
violate the applicable laws and regulations.
Article 112:
Any trade union shall not be considered as illegal for the mere allegation that
any of its purposes aim at restricting the freedom of trade.
Article 113:
A. Each trade union or the employers association shall prepare record and
registers according to the conditions decided by the Minister.
B. The labour inspector may be acquainted at any time with the records of
accounts of any union in addition to other records and registers kept by the
association and the lists of members. Besides, any employee or member of
the association may be acquainted with such record and registers as well as
these lists at the specified times in the bylaw of the association provided
that such procedures shall be concluded in the headquarter of the
association.
– This article has become so after adding the phrase ( or the employers
association) after the phrase ( trade union) mentioned in paragraph (A) of
it by virtue of the amended law No. 11 of the year 2004.
Article 114:
No person might be elected as a member in the administrative body of any
association except if he was a registered employee or full time employee at
such association, and no person might be elected in the body if a judicial
judgment was rendered against him/her in a criminal offense or an offense
violating honor or morals.
Article 115:
The association may open branches for it all over the Kingdom, the bylaw of
the association shall determine the relation between the association and its
41
branches, and between the association and the General Federation of Trade
Unions.
Article 116:
A. The Minister may institute a lawsuit at the Court of First Instance asking for
dissolving any association in any of the following cases:
1. If any violation to the provisions of this law was committed provided a
written notification was addressed to the association before instituting
the lawsuit asking for removing the violation during the period specified
by the Minister but it has not fulfilled the request.
2. Instigation for leaving or refraining from work, stay-in strike, or
demonstration in the cases where these acts are prohibited by virtue of
this law and all applicable legislations.
3. Using force, violence, threatening or illegal procedures in assaulting or
attempting to violate the right of the others in work or any other right of
his/her rights.
B. The judgment of the Court of First Instance regarding the dissolution of the
association might be appealed to the Court of Appeals during thirty days
from its notification if it was in presence and from the date of its declaration
if it was in absentia, the decision of the Court of Appeals shall be final.
Article 117:
If the association was dissolved compulsorily for any reason, then its money
shall be deposited at the bank specified by the General Federation of Trade
Unions till a new association for the occupation or occupations is established, if
such association was not established during one year from dissolving the first
association, then its movable and immovable properties shall be granted to the
General Federation of Trade Unions.
Article 118:
A. Each trade union or employers association shall send the Registrar before
the beginning of April of each year a copy of its duly audited balance sheet
on the decided form by the auditor in which it clarifies its revenues,
expenses, assets, and obligations during the previous and ended years on
thrity first of December, and the Registrar of Association may ask the
association to provide him with additional data or illustrations for the
balance sheet.
B. The balance sheet of the association that shall be sent to the Registrar shall
be enclosed with a statement including the names of employees of the
association and the changes made by the association regarding them and
their situations during the year of the balance sheet.
42
– This article has become so after adding the phrase ( or the employers
association) after the phrase ( trade union) mentioned in paragraph (A) of
it by virtue of the amended law No. 11 of the year 2004.
Article 119:
A. If any trade union or employers association has defaulted from providing
any notice, statement, balance sheet, or any other document required by
the provisions of this law, or by the Minister or Registrar, then the
employee or the person commissioned with providing or sending it by
virtue of the bylaw of the association shall be punished by a fine not less
than fifty JDs and not exceeding one hundred JDs, this fine shall be
aggravated according to its maximum in case the contravention was
recurred.
B. Any one who has intentionally provided a false information in the balance
sheet of the association, participated in that, or made any forgery to the
bylaw of the association, or any amendment of it, participated in that, or
omitted the inclusion of any text of it shall be punished by a fine not less
than five hundred JDs and not exceeding one thousand JDs or
imprisonment for a period not less than three months and not exceeding a
year, the penalty shall be aggravated according to its maximum in case of
contravention reoccurrence.
– This article has become so after adding the phrase ( or the employers
association) after the phrase ( trade union) mentioned in paragraph (A) of
it by virtue of the amended law No. 11 of the year 2004.
Twelfth Chapter
Settlement of the Collective Labour Disputes
Article 120:
The Minister may appoint a reconciliation representative or more of the
Ministry employees to undertake the task of mediation in settling the collective
labour disputes for the area that he specifies and the period that he deems
suitable.
Article 121:
A. If a collective labour dispute occurs, then the reconciliation representative
shall start the meditation procedures between the two parties to settle that
dispute, if it was agreed upon according to a collective contract or others,
43
the reconciliation representative shall keep a copy of it approved by the
two parties.
B. If making negotiations between the two parties was impracticable for any
reason, or it was ascertained that continuing in it will not result in settling
the dispute, the reconciliation representative shall present a report to the
Minister including the reasons of dispute and the negotiations concluded
between the two parties in addition to the result that he has reached during
a period not exceeding twenty one days from the date of referring the
dispute to him.
C. If the Minister could not settle the dispute, he shall refer it to a
reconciliation council formed by:
1. A president appointed by the Minister provided that he shall not have
any relation to the dispute, trade unions or employers associations.
2. Two members or more representing each of the employers or
employees with equal numbers, each party shall appoint his
representative in the council.
Article 122:
A. If a labour dispute was referred to the reconciliation council, it shall exert its
effort to settle the dispute in the manner it sees appropriate, if it could settle
it completely or partially, then it shall present a report of that to the Minister
enclosed with the signed settlement between the two parties.
B. If the reconciliation council has not reached a settlement for the dispute, it
shall present the Minister a report including the reasons of dispute and the
procedures taken by the council to settle it in addition to the reasons that
have prevented its settlement as well as the recommendations it sees suitable
in this regards.
C. In all cases, the council shall conclude the reconciliation procedures and
provide its report of the result it has reached during a period not exceeding
twenty one days from the date of referring the dispute to it.
Article 123:
No party in the labour dispute may appoint attorney before the reconciliation
representative or council.
Article 124:
A. If the reconciliation council could not settle the collective labour dispute,
the Minister shall refer it to a labour court constituted by three regular
judges appointed by the judicial council for this purpose upon the request of
the Minister headed by the one having the higher degree, and it may be held
in the presence of two of its members, in case of their disagreement, then
the third judge shall be invited to participate in looking into the case and
issuing a decision in its regards.
44
B. The labour dispute referred to the labour court shall be given the urgent
attribute as looking into it shall start during a period not exceeding seven
days from the date of referral provided that the court shall issue its decision
in the dispute and inform the Minister during thirty days from that date, this
decision shall be final and not appealable before any judicial or
administrative body.
C. The labour court shall look into the labour dispute presented before it and
decides in it in accordance with the procedures it deems suitable to achieve
justice between the parties provided that it shall consider any special
procedures stipulated by this law, each party may appoint an attorney or
more before the court.
Article 125:
Upon looking into a labour dispute, the labour court and the reconciliation
council shall have the following powers:
A. Hearing the testimonies of any person or resorting to his/her expertise in the
dispute after taking the oath.
B. Ordering any party of the dispute to present documents or evidence he/she
has, and that the court considers as necessary for looking into or deciding in
the dispute.
Article 126:
The labour court may illustrate any decision that it has issued upon the request
of the Minister or any party of the dispute to eliminate any ambiguity without
diverting the decision from the results it has reached, and it may at any time
rectify by itself or upon the request of the Minister or any of the litigant parties
the mistakes, errors in writing or calculation in the judgments and decisions
through incidental inattentiveness.
Article 127:
The sessions of the labour court and the reconciliation council shall be held at
the Ministry. The Ministry shall be responsible for providing the administrative
requirements, facilities and equipment enabling them to perform their works.
Article 128:
A. The report of the reconciliation council and the decision of the labour
court shall be in writing and shall be signed by all the members of the
council or court in accordance to the necessity. The decision of the court
shall be issued unanimously or by majority, each disagreeing party of the
court or council members shall register his/her view in the report or
decision.
B. The report of the council or the decision of the labour court shall be
published in one local newspaper or more at the expense of the disputing
45
parties during thirty days from the date in which the Minister has
received the report or decision.
Article 129:
The remunerations decided by the Council of Ministers upon the
recommendation of the Minister shall be disbursed to the president, members of
the labour court, and sessions’ clerk.
Article 130:
The settlement reached by the result of the reconciliation procedures by virtue
of the provisions of this law or the decision of the labour court shall be binding
to the following categories:
A. Labour dispute parties.
B. Successors of the employer including his/her inheritors to whom the
establishment in which the dispute occured has been transferred.
C. All persons who were working at the establishment in which the dispute
occured on the date of the dispute or in a department of that
establishment, and all persons who are employed afterwards in that
establishment or any department of it if the report of settlement or the
labour court decision stipulates so, and nothing in this law or the
regulations issued by its virtue hinders that.
Article 131:
A. The labour court decision shall be valid as of the date it specifies.
B. The settlement reached as result of the reconciliation procedures shall be
applicable as of the date on which the labour dispute parties have agreed,
if they have not agreed upon the date, then the settlement shall be
applicable as of the date of signing the settlement report and shall be
binding for all its parties according to the conditions stated in it.
Article 132:
During looking into the labour dispute by the reconciliation representative or
council or the labour court, no employer may do any of the following:
A. Change the applicable conditions of employment.
B. Dismiss any employee without getting the written permission from the
reconciliation council or representative or the labor court according to the
necessity.
Article 133:
A. If any employee has violated any condition of settlement or the decision of
the labour court which is binding for him/her in accordance with this law,
he/she shall be punished by a fine not less than fifty JDs and not exceeding
two hundred JDs for the first time, and it shall be aggravated in case of
46
recurrence, the fine may not be less than its minimum for any of the
discretionary mitigating reasons.
B. If the employer has violated any condition of settlement or the decision of
the labour court which is binding for him/her in accordance with this law,
he/she shall be punished by a fine not less than two hundred JDs and not
exceeding four hundred JDs for the first time, and it shall be aggravated in
case of recurrence, the fine may not be less than its minimum for any of
the discretionary mitigating reasons.
Article 134:
No employee may strike and no employer may close his/her establishment in
any of the following cases:
A. If the dispute has been referred to the reconciliation representative or
council or the labour court.
B. During the period in which any settlement is valid or any decision is
applicable, and the strike or close was related to the issues covered in that
settlement or decision.
Article 135:
A. The employee may not strike without giving the employer a notice before a
period not less than fourteen days from the date specified for strike, this
period shall be doubled if the act was related to any of the public interests
services.
B. The employer may not close his/her establishment without giving the
employees a notice before a period not less than fourteen days from the date
specified for closing, this period shall be doubled if the act was related to
any of the public interests services.
C. The other conditions and procedures for strike and closing shall be specified
by virtue of a regulation issued for this purpose.
Article 136:
A. If any employee has started a strike prohibited by virtue of this law, he/she
shall be punished by a fine not less than fifty JDs for the first days and five
JDs for each day to which the strike continues after that. Besides, he/she
shall be deprived from his/her wage for the days for which he/she has
stricken.
B. If the employer has set about closing his/her establishment which has been
prohibited by virtue of this law, then he/she shall be punished by a fine of
five hundred JDs for the first day and fifty JDs for each day to which the
close continues after that, and he/she shall pay the wages of the employees
for the days for which the close continues.
47
Article 137:
A. The Magisterial Court shall have jurisdiction over looking into the
lawsuits arising from the individual labour disputes urgently with the
exception of the lawsuits related to wages in the areas where there is an
authority of wages by virtue of the provisions of this law provided that
they shall be considered during three months from the date of having them
in the court.
B. The court decision issued by virtue of the provisions of paragraph (A) of
this article shall be appealed during ten days from the date of its
declaration if it was in presence and the date of its notification in case it
was in absentia, the court shall decide in the appeal during thirty days from
the date of having it in its office.
C. The lawsuits presented to the Magisterial Court shall be exempted from all
fees including the fees of executing the decisions issued by it.
D. The First Instance Court shall continue in looking into the labour lawsuits
considered by it before the validity of this law.
– This article has become so after deleting the text of paragraph (A) of it
and replacing it with the present text by virtue of the amended law No. 11
of the year 2004 as its previous text was as follows:
A. The Magisterial Court shall have jurisdiction over looking into the
lawsuits resulting from the individual labour disputes with the exception of
the lawsuits related to the wages that the authority of wages shall have
jurisdiction over them by virtue of this law urgently as the lawsuit shall be
decided during three months from having it at the court.
Article 138:
A. Any lawsuit related to any violation committed inconsistent with the
provisions of this law, any regulation, or instructions issued by its virtue
might be considered unless the lawsuit was instituted during one month
from the date in which this violation was committed.
B. Any lawsuit for claiming any right given by this law including the wages
of overtime hours whatever its source was may not be considered after two
years have passed since the reason of claiming such rights and wages has
risen.
Article 139:
Each violation to the provisions of this law or any regulation issued by its
virtue for which no penalty has been specified, then its perpetrator shall be
punished by a fine not less than fifty JDs and not exceeding one hundred JDs, it
is stipulated that the penalty stipulated in the applicable Penal Code shall be
48
imposed on the contravener if the decided penalty for the violation was severer
than that which has been stipulated in this law.
Article 140:
The Council of Ministries upon the recommendation of the Minister may issue
the regulations required to execute the provisions of this law.
Article 141:
Labour Law No. 21 of the year 1960 and the amendments made to it shall be
cancelled provided that the regulations, instructions and decisions issued by its
virtue and not violating the provisions of this law shall remain effective for a
period not exceeding two years till its cancellation or replacing them with
others in accordance with the provisions of this law.
Article 142:
The Prime Minister and ministers are commissioned to execute the provisions
of this law.
2/3/1996.

 

Original Source: http://www.ilo.org/dyn/travail/docs/634