Q1: What are the main sources of labour law in Jordan?
The primary sources of labour law in Jordan include the Constitution, statutory legislation, Islamic law (Sharia), and custom. The Labour Law of 1996, with its amendments, forms the legal backbone for employment relations. Jordanian laws are influenced by French, Egyptian, and Syrian legal systems. Sharia courts handle personal status cases among Muslims.
Q2: What rights are guaranteed to workers under the Constitution?
The Jordanian Constitution guarantees fair working conditions, limited working hours, and paid rest. It also ensures protections for illness, pregnancy, and workplace emergencies. Equal pay for equal work is enshrined, along with the right to form trade unions. These rights apply within limits defined by law.
Q3: Who is responsible for adopting labour legislation in Jordan?
Labour laws in Jordan are adopted by the National Assembly, which consists of the Senate and House of Representatives. The King must ratify laws passed by both chambers for them to take effect. In urgent cases, the Council of Ministers can issue provisional laws with the King’s approval. These must be reviewed in the next parliamentary session.
Q4: What role does the judiciary play in labour disputes?
Labour disputes are handled by civil courts, while religious courts oversee personal status matters. The highest court is the Court of Cassation, which rules on major legal issues. Disputes may also be reviewed by special tribunals appointed for jurisdictional conflicts. This structure ensures legal checks across different types of courts.
Q5: How are laws officially adopted and enforced?
A law is enforced once passed by both houses of Parliament and ratified by the King. It becomes effective 30 days after publication in the Official Gazette unless otherwise stated. If the King does not ratify within six months, it is considered enacted. Emergency laws may be issued but must be ratified later.
Q6: What is the role of the Ministry of Labour?
The Ministry of Labour enforces labour laws, inspects workplaces, and approves disciplinary policies. It mediates in disputes, monitors recruitment practices, and ensures fair working conditions. The Ministry may establish tripartite commissions to review contract suspensions. It also supervises private employment offices and training programs.
Q7: How are employment disputes typically resolved?
Disputes begin with mediation or are referred to a conciliation board. If unresolved, they may be escalated to industrial tribunals or labour courts. Decisions made by these bodies are legally binding. Appeals must be made within specific timeframes to preserve legal rights.
Q8: Are foreign workers covered under Jordanian labour laws?
Yes, foreign workers are protected under the Labour Code, provided they have valid work permits. Employers must follow proper recruitment procedures and pay required fees. Labour inspectors monitor conditions, especially for domestic and agricultural workers. Violations can result in penalties and revoked permits.
Q9: What international labour conventions has Jordan ratified?
Jordan has ratified key International Labour Organization (ILO) conventions. These include standards on equal pay, collective bargaining, and non-discrimination. Ratified conventions inform local law and are referenced in court rulings. Details can be found through the ILO’s APPLIS database.
Q10: What is the legal framework for social security in Jordan?
The Social Security Act (No. 19 of 2001) governs Jordan’s social insurance system. It provides coverage for old age, disability, workplace injuries, and death. All private-sector workers must be enrolled. The system is managed by the General Social Security Institution.
