Paternity Leave & Flexible Work Hashemite Kingdom of Jordan

What are the main employment law sources and authorities in Jordan?

The main employment rules in Jordan come from Labor Law No. 8 of 1996 and its amendments, Social Security Law No. 1 of 2014, and several implementing regulations such as Flexible Work Regulation No. 44 of 2024 and childcare rules. The Ministry of Labour and the labour courts enforce these laws, while the Social Security Corporation manages social insurance and related benefits.

Core legislation

• Labor Law No. 8 of 1996 (as amended) Regulates hiring, contracts, wages, working hours, leave, termination, and workplace conditions.
• Social Security Law No. 1 of 2014 Covers pensions, work injury insurance, maternity benefits, unemployment insurance, and contributions.
• Flexible Work Regulation No. 44 of 2024 Defines who can work remotely or part-time and the procedure for flexible work arrangements.
• Regulations on nurseries and childcare (based on Article 72 of the Labor Law) Set the thresholds and standards for employer-provided childcare.
• Occupational safety and health regulations Impose duties on employers to maintain safe workplaces and prevent accidents.

Main authorities

• Ministry of Labour (MoL) Issues work permits, inspects workplaces, receives complaints, and can mediate disputes.
• Labour Directorates Local branches of MoL across governorates where employees and employers can submit complaints.
• Labour Courts Specialized chambers within the Courts of First Instance that hear employment disputes.
• Social Security Corporation (SSC) Registers employers and employees, collects contributions, and pays benefits.

Who is covered?

• Most private-sector employees are covered by the Labor Law.
• Domestic workers, agricultural workers, and some other categories have special regulations, but core protections often still apply.
• Public-sector employees fall under separate civil service laws, not the Labor Law.

How are employment contracts structured in Jordan and what must they contain?

Employment contracts in Jordan must clearly define job duties, wages, working hours, and duration, and they should be in writing to avoid disputes. Both fixed-term and indefinite contracts are allowed, but repeated renewals of fixed-term contracts can be treated as indefinite in practice.

Mandatory and common contract terms

• Parties - Full name and details of employer and employee.
• Job title and description - Clear description of duties and location.
• Contract type - Fixed-term (with start and end date) or open-ended.
• Working hours - Daily and weekly hours, rest days, shift patterns if any.
• Wages - Basic salary in Jordanian Dinar (JOD), payment frequency, and any allowances (transport, housing, overtime policy).
• Probation - Usually up to 3 months; termination during probation has fewer restrictions.
• Leave entitlements - Reference to annual, sick, maternity, and paternity leave, and public holidays.
• Social security registration - Confirmation that the employer will register and contribute.
• Confidentiality and non-competition - Often included, but must be reasonable to be enforceable.

Written versus oral contracts

• The Labor Law allows contracts to be oral, but written contracts are highly recommended.
• In disputes, courts usually interpret uncertainty in favour of the employee.
• Foreign employees must have written contracts for work permit and residency purposes.

Languages and copies

• Contracts are usually in Arabic; foreign language versions may be added.
• If there is a conflict, Arabic text prevails before Jordanian authorities and courts.
• Each party should keep an original signed copy, and employers often keep a scanned copy in HR systems.

What working hours, overtime, and rest days apply in Jordan?

Standard working hours in Jordan are 8 hours per day and 48 hours per week, not counting meal and rest breaks. Overtime must be paid at premium rates, and employees are entitled to at least one weekly rest day, usually Friday.

Standard hours and rest

• Daily limit: 8 hours of actual work per day.
• Weekly limit: 48 hours per week in most sectors.
• Weekly rest: At least 1 full paid rest day per week, typically Friday.
• Public holidays: Paid days off for official national and religious holidays.

Overtime rules

• Overtime is generally voluntary and must be agreed, except in emergencies allowed by law.
• Overtime pay is usually:
  • 125% of the normal hourly rate for overtime on regular working days.
  • 150% or more on weekly rest days and official holidays.
• Employers must keep accurate records of attendance and overtime.

Special working time arrangements

• Night work, shift work, and work in hazardous sectors may have additional restrictions or premiums.
• Certain categories (such as pregnant employees or juveniles) are protected from night work or excessive hours.
• Under the Flexible Work Regulation No. 44 of 2024, working time can be structured differently under flexible arrangements (see dedicated section below).

What leave are employees entitled to in Jordan, including paternity leave?

Employees in Jordan receive annual leave, sick leave, maternity leave, and, following recent amendments, at least 3 days of paid paternity leave per child. Employers must respect these minimum entitlements and cannot replace them with cash or annual leave.

Annual and sick leave

• Annual leave:
  • Minimum of 14 days paid leave per year for employees with less than 5 years of service with the same employer.
  • Minimum of 21 days per year for employees with 5 or more years of service.
• Sick leave:
  • Normally up to 14 days per year on full pay, based on a medical report.
  • An additional 14 days on half pay if hospitalisation or confirmed need by a doctor.

Maternity leave

• Female employees are entitled to at least 10 weeks of paid maternity leave (commonly taken 6 weeks after birth and the rest before), with protection against dismissal due to pregnancy or maternity.
• After returning to work, mothers have the right to paid breastfeeding breaks during working hours for a specified period (usually up to one year from birth).
• Social Security may reimburse part of maternity benefits where the employer and employee are properly registered and contributions are paid.

How does paternity leave work in Jordan?

Fathers in Jordan are entitled to 3 days of paid paternity leave per child, separate from their annual leave. This leave is usually taken within a short period after the birth, and employers may request proof such as a birth certificate.

• Length: At least 3 working days of paid leave per birth.
• Who qualifies:
  • Male employees whose wife has given birth to a child.
  • Applies to private-sector employees covered by the Labor Law, regardless of contract type (full-time, part-time, or flexible work), unless a more generous company policy applies.
• Timing:
  • Must be taken soon after the birth, often within the first month (check internal policy or collective agreements for exact internal rules).
  • Leave days are typically taken consecutively, but some employers allow splitting them by agreement.
• Pay:
  • Paternity leave is on full pay.
  • Employers cannot deduct these days from annual leave or treat them as unpaid leave.
• How to claim paternity leave - practical steps:
  1. Notify your employer as soon as the birth occurs (or expected date), ideally in writing (email/HR portal/WhatsApp with confirmation).
  2. Request the dates you plan to take the 3 days, ensuring they fall within the allowed timeframe.
  3. Provide proof if requested, such as a copy of the birth certificate or hospital document.
  4. Check your payslip to confirm the days were recorded as paid paternity leave, not unpaid or annual leave.
• Common employer mistakes:
  • Forcing employees to use annual leave instead of paternity leave.
  • Refusing leave or delaying it without justification.
  • Retaliating against employees for requesting their legal entitlement.

What is "Flexible Work" under Jordan's Flexible Work Regulation No. 44 of 2024?

Flexible Work Regulation No. 44 of 2024 allows eligible employees in Jordan to request alternative work patterns, such as remote work, part-time work, flexible hours, or job sharing. Employers must consider these requests, follow a fixed response procedure, and cannot discriminate against employees who work under approved flexible arrangements.

What counts as flexible work?

Under Regulation No. 44 of 2024, "flexible work" typically includes:

• Remote work - Working partially or fully from home or another approved location.
• Part-time work - Working fewer hours or days per week than a full-time schedule.
• Flexible hours - Varying start and finish times as long as the required daily or weekly hours are met.
• Compressed work weeks - Working longer days in return for additional days off.
• Job sharing - Two employees sharing one full-time position.

Who qualifies for flexible work in 2024?

The 2024 regulation broadens who can request flexible work, but the employee usually needs a minimum period of service and a valid reason. The employer has some discretion, but decisions must be objective and documented.

• Typical eligibility criteria (as reflected in Regulation No. 44 of 2024 and practice):
  • Employees who have completed a minimum period of service with the employer (commonly at least 6 months).
  • Employees with caregiving responsibilities, such as:
    • Parents of young children.
    • Employees caring for a family member with a disability or chronic illness.
  • Employees with disabilities, or those whose health condition needs adjustment to working time or location.
  • Students or employees pursuing education/training.
  • Any other employee, if the employer agrees, based on business needs and internal policy.
• The regulation applies to private-sector employers with formal employment relationships; it does not normally cover fully self-employed individuals.

How to request flexible work under Regulation No. 44 of 2024

Employees and HR should follow a documented procedure so decisions are transparent and defensible.

1. Submit a written request to HR or your manager, specifying:
   • The type of flexible work you want (remote, part-time, flexible hours, etc.).
   • Proposed working days and hours or work-from-home schedule.
   • Start date and, if applicable, end date (for temporary arrangements).
   • Your reason (e.g. caregiving, health, disability, study, long commute).
2. Employer review:
   • Employers must assess the request in light of business needs, job nature, performance requirements, and health and safety.
   • They may invite the employee to a meeting to discuss details or alternatives.
3. Written response within the timeframe set by the regulation (commonly within several weeks):
   • If approved, the employer should issue an addendum to the contract defining the flexible arrangement.
   • If refused, the employer must give a reasoned decision (e.g. job cannot be performed remotely, negative effect on customers, lack of coverage).
4. Implementation:
   • Record attendance and performance under the new arrangement (time-logging tools, KPIs, etc.).
   • Ensure social security and other benefits reflect actual working time and wages.

Employee rights and employer obligations under flexible work

• Employees on flexible work retain core protections:
  • Minimum wage (pro-rated if part-time).
  • Social security coverage based on actual wage.
  • Leave entitlements (annual, sick, maternity, paternity) pro-rated where relevant.
  • Protection from discrimination and unfair dismissal.
• Employers must:
  • Document flexible arrangements in writing.
  • Apply criteria consistently across employees in similar situations.
  • Ensure occupational health and safety for remote workers as far as reasonably possible.
  • Not penalize employees solely because they work flexibly or requested flexible work in good faith.

When must employers provide childcare and nursery services in Jordan?

Employers in Jordan must provide or arrange nursery services once their workplace has at least 15 children under 5 years of age whose parents work for the establishment. This obligation arises regardless of whether the parents are male or female employees.

Legal basis and thresholds

• Article 72 of the Labor Law (as amended) and related childcare regulations impose this duty.
• The current rule focuses on the number of children, not only the number of female employees:
  • Obligation applies if there are at least 15 children under age 5 whose parents (mother, father, or both) work for the employer.
• This is a move away from older rules that tied nurseries only to the number of married female employees.

How employers can meet the childcare obligation

Employers have some flexibility in how they comply, as long as the solution is safe and accessible.

• On-site nursery:
  • Setting up a dedicated nursery within the workplace, licensed under childcare regulations.
  • Must meet safety, staffing, and hygiene standards set by the Ministry of Social Development and other regulators.
• Shared or external nursery:
  • Cooperating with nearby employers to operate a shared nursery.
  • Contracting with a licensed nursery close to the workplace and covering full or partial costs.
• Transportation arrangements:
  • In some cases, employers provide transport to and from an external nursery as part of the solution.

Practical steps for employers

1. Assess numbers:
   • Regularly survey employees to identify how many children under 5 they have.
   • Track when the number reaches or approaches the 15-child threshold.
2. Choose a model:
   • Decide whether to establish an on-site nursery or contract an external licensed nursery.
   • Evaluate costs, location, and operating hours.
3. Comply with licensing:
   • Obtain the required licenses for an internal nursery.
   • Ensure any third-party nursery is properly licensed and insured.
4. Communicate with employees:
   • Issue a policy explaining eligibility, application procedures, and cost-sharing (if any).
   • Set clear rules on drop-off times, health and safety, and emergency contacts.

Consequences of non-compliance

• MoL inspections can result in warnings, fines, or closures for repeated non-compliance.
• Employees may file complaints with the Ministry of Labour or labour courts if the employer refuses to provide required childcare.
• Non-compliance also increases legal and reputational risk, especially for larger employers and international investors.

How are salaries, social security contributions, and benefits handled in Jordan?

Employers in Jordan must pay at least the national minimum wage, register their employees with the Social Security Corporation, and withhold and pay the required contributions on time. Benefits such as overtime, leave pay, and certain allowances must follow statutory minimums or more generous contractual terms.

Wages and minimum wage

• Jordan sets a national minimum wage in JOD, periodically updated by the government.
• Employers must pay at least this amount for full-time work; part-time workers receive a pro-rated minimum.
• Wages are usually paid monthly and must be paid in legal currency (JOD) or through bank transfer.
• Employers must provide payslips showing basic salary, overtime, deductions, and net pay.

Social security contributions (approximate current rates)

As of recent practice, social security contributions are roughly as follows (check for updated rates):

• Contributions are calculated on the employee's insurable wage, which includes basic salary and certain regular allowances.
• Employers must register employees within a short period after hiring and remit contributions every month.
• Non-payment or late payment may lead to penalties and interest, and can affect employees' access to benefits.

Allowances and benefits in practice

• Common allowances include:
  • Transport allowance
  • Meal allowance
  • Housing allowance
• Some allowances are included in the insurable wage; others may not be, depending on their nature and regularity.
• Companies often offer private medical insurance as an additional benefit, but it does not replace social security.

How can employment be terminated lawfully in Jordan?

Employment in Jordan can end through resignation, expiry of a fixed-term contract, mutual agreement, or dismissal, but employers must follow the Labor Law's rules on notice, reasons, and severance. Unlawful termination can lead to compensation equal to several months of wages.

Key termination scenarios

• Resignation by the employee:
  • Employee gives written notice (often 1 month) as specified in the contract and law.
• Expiry of fixed-term contract:
  • Employment ends at the contract end date unless renewed.
  • Repeated renewals may be seen as creating an indefinite contract.
• Termination by employer with notice:
  • Employer must give the contractual or statutory notice (usually 1 month) and pay all due benefits.
  • Must not be discriminatory or related to prohibited reasons (pregnancy, maternity, union activity, etc.).
• Summary dismissal (without notice):
  • Allowed only in serious misconduct cases listed in the Labor Law (e.g. theft, assault, repeated serious violations).
  • Employer bears the burden to prove the misconduct.

End-of-service and compensation

• Employees are entitled to:
  • Unpaid salaries and allowances.
  • Payment for unused annual leave (up to the limits allowed).
  • End-of-service benefits if not covered fully by social security (especially for periods before social security coverage).
• If termination is found arbitrary or unlawful, courts can award:
  • Compensation up to several months of wages, depending on length of service and circumstances.
  • In some cases, reinstatement to the job.

Protected categories

• Employers cannot lawfully dismiss:
  • Pregnant employees or employees on maternity leave for reasons related to pregnancy or leave.
  • Employees on legal leave (annual, sick, paternity, etc.) for taking that leave.
  • Employees for union activities or filing a legitimate complaint.

How are labour disputes handled in Jordan, and what are typical timelines and costs?

Labour disputes in Jordan usually start with an internal complaint or a complaint to the Ministry of Labour, and if not resolved, they go to the labour courts. Cases can take several months or more, and costs vary, but labour claims are relatively accessible compared to commercial litigation.

Dispute resolution stages

1. Internal resolution:
   • Employee raises the issue with HR or management in writing.
   • Many disputes end here if the employer acknowledges the legal position.
2. Complaint to Ministry of Labour:
   • Employee submits a complaint to the local Labour Directorate.
   • MoL may invite both parties for mediation and attempt a settlement.
3. Labour court case:
   • If mediation fails, the employee (or employer) can file a claim before the labour court.
   • The court hears evidence, reviews contracts and payslips, and issues a judgment.

Timelines

• Simple disputes can take around 6 to 12 months from filing to first-instance judgment.
• Appeals to the Court of Appeal or Court of Cassation can extend the process by several additional months.
• Delay often depends on court workload, number of witnesses, and whether an expert is appointed to review calculations.

Typical court and legal costs

• Court may order the losing party to pay part of the winner's legal costs, but rarely the full amount.
• Some lawyers accept success-based or mixed fee arrangements for employees with strong claims.

When should you hire a labour lawyer or HR expert in Jordan?

You should involve a labour lawyer or HR expert in Jordan whenever the legal or financial risk is significant, such as in terminations, restructurings, or disputes involving accusations of discrimination or non-payment. Early advice usually costs less than dealing with a full-blown court case later.

For employers

• Before implementing policies:
  • Drafting or updating employment contracts, staff handbooks, and flexible work policies.
  • Designing childcare solutions to comply with Article 72 obligations.
• Before terminations:
  • Evaluating whether you have lawful grounds and the correct procedure.
  • Calculating severance and other dues.
• When introducing flexible work or remote work:
  • Ensuring Regulation No. 44 of 2024 is correctly implemented and documented.
  • Managing cross-border remote work risks, if any.
• When facing claims or inspections:
  • Responding to MoL or SSC investigations.
  • Handling group complaints, strikes, or union negotiations.

For employees

• When pay or benefits are withheld:
  • Unpaid salaries, overtime, or denial of leave (including paternity leave).
• In termination or resignation scenarios:
  • Assessing whether a dismissal is arbitrary or unlawful.
  • Negotiating a settlement or exit package.
• When flexible work is refused:
  • If you believe the employer's refusal breaches Regulation No. 44 of 2024 or is discriminatory.
• In discrimination or harassment cases:
  • Gathering evidence, understanding options, and protecting your rights.

What are the next steps for employers and employees in Jordan?

Employers should audit their contracts, policies, and practices against the current Labor Law, flexible work rules, and childcare obligations, then fix gaps and train managers. Employees should review their contracts, understand their leave and flexible work rights, and document any issues or violations early.

Action plan for employers

1. Review contracts and policies:
   • Ensure contracts incorporate current leave entitlements, paternity leave, and social security obligations.
   • Add clear procedures for flexible work requests under Regulation No. 44 of 2024.
2. Audit working time and pay:
   • Check that actual working hours, overtime, and rest days comply with legal limits.
   • Confirm that payslips and social security contributions match contractual and actual wages.
3. Assess childcare obligations:
   • Count employees' children under 5 and see whether you meet or will soon meet the 15-child threshold.
   • Develop a practical nursery solution (on-site or external) if required.
4. Train managers and HR:
   • Train supervisors on leave approvals, paternity leave, and handling flexible work requests.
   • Set up internal escalation channels for labour issues before they become disputes.
5. Engage a legal or HR advisor:
   • Have a trusted advisor review high-risk decisions, especially terminations and restructurings.

Action plan for employees

1. Know your rights:
   • Understand your entitlements to annual leave, sick leave, maternity or paternity leave, and flexible work.
2. Keep records:
   • Save your contract, payslips, and any written communication about working hours, leave, and flexible work requests.
3. Use internal channels first:
   • Raise issues with HR or your manager in writing, with clear dates and facts.
4. Seek external support if needed:
   • If internal efforts fail, consider contacting the Ministry of Labour or consulting a labour lawyer.
5. Act quickly:
   • Labour claims are subject to limitation periods, so do not wait too long after a dispute or termination to seek advice.