Labour and Employment Law
Employment of Foreign Workers under Jordanian Labour Law
This summary outlines the legal framework governing the employment of non-Jordanians under the Labour Law and related regulations, highlighting the conditions and procedures that regulate their recruitment and use in Jordan's labour market. It also presents foreign workers’ obligations and rights, and practical consequences of disputes and judicial decisions concerning work-permit irregularities.
Updated: 28 January 2025
Prepared and reviewed by: Ashraf Al-Khawaja
Definition of Foreign Worker and Right to Work
The Labour Law’s definition of a worker — anyone who performs work for pay — extends to non-Jordanians, so nationality is not a precondition for employment under Article 2. The right to work is treated as an economic right under domestic and international standards, meaning foreign workers enjoy labour protections even where national rules impose regulatory conditions.
Permit and Recruitment Restrictions and Practical Procedure
Article 12 requires ministerial approval to employ any non-Jordanian where the job needs skills not available locally or national supply is insufficient, and mandates a work permit obtained before recruitment or employment, limited to one year and renewable. In practice the employer is responsible for obtaining the permit and paying fees under the Work Permits Fees Regulation (Regulation No. 67/2014 and its amendments), subject to narrow humanitarian exemptions; employers should follow issuance and renewal procedures to avoid administrative and disciplinary consequences.
Foreign Worker Rights, Obligations and Contractual Limits
Foreign workers are bound by the general rights and duties of workers under the Labour and Civil Codes: to perform the agreed work personally with due care, follow lawful employer instructions within safety limits, and safeguard tools and trade secrets. The law allows non‑competition clauses limited in time, place and scope to protect legitimate employer interests while prohibiting excessive terms; serious breaches may attract disciplinary sanctions up to dismissal or repatriation.
Termination of Employment Contracts and Related Procedures
Contracts terminate for various reasons: by unilateral exercise of rights in circumstances set out in law (e.g. employer‑led termination under Article 28 or worker’s right under Article 35), by expiry, death, mutual agreement or impossibility due to force majeure. Practically, parties must respect statutory notice periods, trial‑period rules and lawful grounds for dismissal, since procedural breaches may affect entitlements and give rise to labour claims before administrative or judicial bodies.
Judicial Rulings and Practical Consequences
The Court of Cassation has held that a foreign worker’s lack of a work permit does not deprive the worker of labour rights, placing the duty to obtain permits on the employer; disputes about a worker’s status or economic activity do not bar labour claims against the employer. Consequently, labour claims may proceed despite administrative irregularities, and practitioners should review applicable precedents case‑by‑case to determine rights and liabilities.
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Notice: This content is for general educational purposes and does not substitute the original source or specialist legal advice. The original source is linked on the summary page; verify statutes, regulations, amendments and deadlines with official authorities or consult a licensed lawyer before taking any action.
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