Labor Law
Leaving Work When an Employee Is Employed in a Way That Requires Changing Their Domicile
This summary examines Article 29(a)(2) of the Jordanian Labor Law concerning an employee’s right to leave work when the employer uses them in a manner that changes their permanent domicile, and explains the limiting effect of contractual clauses. It also outlines the legal and procedural consequences for fixed-term and open-ended contracts.
Updated: 26 March 2026
Prepared and reviewed by: Ashraf Al-Khawaja
1. Meaning of the Employee’s Permanent Domicile
The employee’s permanent domicile refers to the general place where the worker habitually resides with an intention to remain there, rather than a temporary residence. Distinguishing domicile from temporary residence under the Civil Code is essential to determine whether an employer’s transfer or use actually alters the employee’s domicile, since Article 29 uses the term “permanent.” Provisions on chosen domicile and business domicile also affect how a transfer’s impact is assessed.
2. Scope of the Employee’s Right to Leave When Use Entails Changing Their Domicile
The worker may leave employment without notice and retain statutory end-of-service rights when the employer’s use causes a change to the worker’s permanent domicile, under Article 29(a)(2). However, this right is limited by the employment contract: if the contract expressly permits transfers that change domicile, the employee must comply. The trial judge has discretion to assess whether the transfer actually necessitated a domicile change, based on the facts and contractual terms.
3. Legal Consequences of Leaving Work for This Reason
Leaving work for this reason is treated as a termination attributable to the employer’s conduct and is considered a form of constructive dismissal. For fixed-term contracts, the employee normally keeps all contractual entitlements, including wages for the remaining period and any contractual penalty, and the employer cannot claim compensation. For open-ended contracts, the employee is entitled to end-of-service pay, notice pay, and compensation for losses as assessed according to harm suffered. Conversely, if the employee leaves without lawful justification (or contrary to a contractual transfer clause), the employer may claim notice pay or damages, subject to the statutory and judicial limits set out in related provisions.
4. Proof, Remedies and Procedural Deadlines
The employee bears the burden of proving that the employer’s use caused a change of domicile before the trial court, which has discretionary powers to assess facts and contract terms. Claims by the employee regarding unfair dismissal and related entitlements are subject to procedural rules and deadlines — for example, the time limits for bringing a claim for unfair dismissal (notably a 60‑day period where applicable). Contract clauses must be reviewed to determine whether they expressly permit transfers; contractual terms can be decisive under the principle of pacta sunt servanda.
Legal notice
Note: This content is for general educational purposes based on the original linked source; it does not constitute legal advice. Applicable statutes, amendments and filing deadlines should be verified, and you should consult a licensed Jordanian attorney for advice tailored to a specific case.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.