|The Rights and Duties of Non-Jordanian Workers in the Jordanian Labor Legislation
- It is not permissible for a worker to work for any other employer during the term of the contract, or in any profession other than the one mentioned in the work permit. In such case, the offending employer is to be punished and has to cover the expense of the worker’s deportation. The worker will not be allowed to return to the Kingdom for a period of three years.
- The worker has the right to keep his passport and all his personal documents, including the work permit. The employer is not allowed to withhold any of these documents in any way.
- The worker has to keep the work permit with himself/herself at all times and everywhere, in order to be able to present it to the official authority upon request.
- The worker is not allowed to leave their job before ending the contract period, of one year, for any reason not permitted by law. The approval of the Ministry of Labor is required.
- The provisions of the Jordanian Labor Law govern all the workers and employers, whether Jordanian or non- Jordanian.
- Any condition in the contract or agreement includes the waiving of the workers on any of his/her rights guaranteed by law in considered void.
- The employer bears the financial burden of obtaining or renewing work permit fees, or any other expenses related to obtaining work permit.
- Social security contributions, (5.5%) of the monthly wage, in addition to the due income tax are deducted from the worker’s wage. The domestic workers are an exception because they are not included in the social security system yet.
- The worker must receive his/ her wages within a period no more than 7 days from the date of maturity. The wage must be paid under the worker’s written receipt.
- The worker is entitled to receive a 14-day paid leave per year. They become 21 days after 5 years of continuous working for the same employer.
- The worker is entitled to receive a 14-day paid sick leave per year, in a condition of providing a medical report from a doctor approved by the employer. This period can be extended for extra paid 14 days.
- The worker has to follow the verbal and written orders set by the employer. The worker must also comply with the instructions and conditions of occupational safety and health.
- If the worker does not receive any of his/her labor rights enshrined in the Labor Law or the working contract, the worker can file a complaint in the Directorate of Labor in the working area.
- The worker has to keep a copy of the working contract. It is a condition to have the contract drafted in a language that the worker understands.
- To carry out the assigned work on his/her own.
- To exert the appropriate amount of effort in carrying out his/her duties.
- To abide the employer’s orders which are related to the implementation of the agreed upon work, but within the appropriate limits that do not put him or her in danger, break the law, or contradict public morals.
- To maintain the confidentiality of any secrets entrusted to the domestic worker by the employer.
- To keep the tools and supplies in his/her custody in good condition.
- To undergo the necessary medical examination required for domestic work.
The employer is prohibited to:
- Oblige the worker to complete work that was not previously and mutually agreed upon.
- Force the worker to work in a place outside of the domestic residence.
- Place the worker in an occupation that is a demotion from the agreed upon work.
- Pay the worker less than the agreed upon salary.
- To subject the worker to physical or verbal abuse in the work place.
In case the employer carries out any such prohibited actions the worker has the right to leave the work place without notice. However, the worker still has the right to claim his/her legal rights from the employer. In addition the worker has the right to ask for compensation for damages caused by the employer.
The worker may also take action in the cases of
- If it is proven by a medical report issued by a medical reference that continuing to work in this profession would threaten his health.
- If the employer fails to implement any of the provisions of the labor law despite being warned by the Ministry of Labor regarding breaching of the labor law.
Certificate of Service
- The employer is obliged to provide the worker with a certificate of service at the end of the workers time of working for this employer.
- The certificate of service has to state only the name of the worker; the type of work, date of initial start of work, and the date of completion of the time the respective worker began his/her work.
- In case the employer refuses to provide the worker with a certificate of service, or he/she shows a lack of commitment with the pre-mentioned requirements of the form, the worker has the right to file a complaint to the Labor Inspector or can ask the court to oblige the employer to issue such a certificate for him/her among other rights.
The Minimum Wages
- The monthly wage must not be less than the amount stated currently in the Kingdom: 150 JD per month and 110 JD for domestic workers and workers in the garment sector.
It is not allowed to deduct from the wage except in the following cases approved by the law
- To recover the advanced payment received by the worker; this advanced payment should not exceed 10% of the wage installment.
- To recover any sum of money paid to the worker that exceeds his/her dues.
- To deduct the social security contribution or any other amounts of money that had to be deducted from the salary due to the law.
- The deduct contributions for the savings fund.
- To deduct for the housing facilities or any other benefits provided by the employer.
- To implement or to fulfill the judicial rulings issued against the worker.
- The value of the disciplinary sanctions under the rules states by the by-law that is in accordance with the terms ratified by the ministry of labor.
- It is not allowed to impose disciplinary fines unless it falls under the list of sanctions approved by the ministry.
- The value of the fines should not exceed three days wages per month. It is not allowed to suspend the work of the worker without paying him/her for more than three days.
- The worker must have the opportunity to speak in his/her defense before the employer can impose the fines.
- The worker has the right to appeal the punishment imposed by the employer, to the Labor Inspector within a week of such an action.
- It is not allowable to impose fines fifteen days after the infraction is committed.
- The fines must be recorded in an official file that details the name of the worker, the amount of the workers’ wage, and reasons for imposing the fine. The fines should be allocated to achieve social services for workers.
- The worker may work extra hours provided his/her consent.
- The worker must receive an overtime fee of 125% of his/her normal wages as overtime payment.
- It is not permitted to oblige a worker to work overtime except for the purposes of carrying out the annual inventory, budget, and the final accounts. Overtime work should not exceed thirty days per year. Moreover, the working hours should not exceed 8 working hours per day. In case of emergency, in order to avoid the occurrence of loses or damages in the dues it can twenty days per year.
- Friday is the weekly day off unless the nature of the work requires that the weekly day off must be another day. It is allowable for the weekly holiday off to be more then one day.
- If the worker works in his/her weekly day off or in any official or religious vacation, he/she should receive an extra payment not less than 150% percent of his/her normal wage.
- The duration of the annual vacation time is not less than 14 days. Annual vacation time is fully paid. Annual vacation time becomes 21 days for workers who have spent five consecutive years in their work.
- It is possible to postpone the vacation time to the following year providing the agreement between the two parties. The postponed leave will be forfeited if the worker does not take his/her leave during the following year.
- The duration of the sick leave is 14 days per year. Sick leave is fully paid. Sick leave can be renewed for a further 14 days with full payment.
Days of leave provided for workers to attend educational courses related to labor culture.
- The duration of this vacation time is fourteen days with full pay provided that the Ministry of Labor accredits the course and there is an agreement between the employer and the union regarding the course.
Conditions of the work permit
- The non-Jordanian must obtain a work permit from the Minister of Labor or his authorized delegate before being recruited or employed in Jordan. The duration of the work permit should not exceed one year upon renewal. The duration of the renewed work permit starts after the expiring of the previous work permit.
- Recruiting a non-Jordanian worker breaches the law in the following cases:
- Being recruited without obtaining a work permit.
- Being recruited for another employer different from the one he/she is permitted to work for.
- If he/she has the permission to work for another employer from the competent authority in the ministry he/she is allowed to do so.
- Being recruited in a profession different than the one that he/she is authorized to work in.
- The Minister issues a decision regarding deporting the worker who breaches the aforementioned article.
- The employer or the director of the institution or foundation should financially cover the deportation of the worker.
- The non-Jordanian worker who has been deported due to breaching an article is not allowed to enter the Kingdom before the period of three years.
- The work contract is to be drafted on four copies written in two languages; one language must be Arabic, the other language must be in a language understood by the worker. The employer, the domestic worker, the Minster, and the recruitment agency must retain a copy of the contract.
The Commitment of the Employer
- To cover the financial costs of the residence permit and the work permit for non-Jordanian workers on an annual base.
- To pay the monthly wage of the domestic worker in Jordanian Dinars or its’ equivalent in foreign currencies. The monthly wage must be paid through the approaches and methods stated by the Minister of Labor for this purpose provided that the employer and the worker retain documents proves the payment of the monthly wage.
- The employer must use the domestic worker in the place that the employer and his family reside in permanently or temporarily. It is not allowable for any other person rather than the employer and his family members to give working orders to the domestic worker.
- The domestic worker should be treated respectfully and provided with all the requirements and conditions related to decent work. All the needs of the domestic worker including: clothing, food and drink, well-lit and ventilated room, proper accommodations required for sleeping, and the right to privacy, should be granted to the domestic worker.
- The employer should enable the domestic worker to contact his/her family abroad by telephone at the employer’s expense once a month. The domestic worker has the right to make additional phone calls on his/her own expense as well as the right to send them letters or e-mails.
- If the employer and his/her family are leaving the country to live temporarily in another country they are not allowed to take the domestic worker with them without his/her approval. In case that the domestic worker in non-Jordanian the concerned embassy should be informed.
- The employer should cover the cost of the non-Jordanian domestic worker’s airfare from his/her original country to the Kingdom. The employer has also to cover the cost of the domestic workers airfare from the Kingdom to his/her original country after the contract expires; a period of two years.
- Provide the domestic worker with healthcare.
- To allow the domestic worker to practice his/her religion provided that their actions are not contrary to public order and morality.
- Provide the domestic worker with a place of residency, food, clothes, healthcare, and medical care. The employer is also committed not to impose any restrictions on the domestic workers correspondence with others.
Obligations on Domestic Workers:
- The domestic worker has to carry out his/her work with honesty and dedication.
- The domestic worker has to respect the privacy of the house that he/she works in. He/she must maintain the property of the employer and the contents of his/her house.
- The domestic worker must not reveal family-related secrets of the employer’s family.
- The domestic worker should respect the mainstream costumes and traditions of the society.
- The domestic worker is not supposed to leave the working place or be absent without the consent of the employer and informing the employer as to their location.
- If the domestic worker flees the working place without having the employer as the reason for fleeing, the domestic worker is responsible for all the financial obligations stated in the signed working contract and the cost of his/her repatriation.
- The total working hours for the domestic worker is ten hours. The time needed by the domestic hours for meals and rest is not included in this time.
- The employer has the right to organize the working hours that the domestic worker has to perform the assigned work during the day due to the nature of the work and the need of the family.
- The employer has to provide the worker with a sufficient period of sleeping, which should not be less than 8 hours per day.
Weekly day off
- The domestic worker has the right to one day off per week. If the employer needs the domestic worker to work on Friday, another day off can be agreed upon with the employer.
- The domestic worker has the right to 14 days of paid vacation every year. He/she can agree on these days with the employer. It is possible to postpone this vacation until the end of the contract.
- The worker has also the right to 14 paid sick-leave days during the year.
End of service
- After the expiration of the contract, the employer and the domestic worker are obliged to make a labor rights clearance, signed by both parties in front of the ministry of labor. Each party must retain a copy.
- The recruitment agency is prohibited to charge the domestic worker any amount of money in any way.
- The employer is obliged to cover the cost of the worker’s airfare from his/her country to Jordan, and the airfare from Jordan to his/her country provided that the worker spends more than two years working for the employer.