Sexual Harassment at Work in Hashemite Kingdom of Jordan

What are the main sources of employment law in Jordan?

The main sources of employment law in Jordan are the Labour Law No. 8 of 1996 and its subsequent amendments, including the 2023 amendments on harassment, along with the Social Security Law, related regulations, and the Jordanian Constitution. Decisions of the Ministry of Labour, collective agreements, and individual employment contracts also shape rights and obligations, provided they do not undercut minimum statutory protections.

Core legal sources

• Labour Law No. 8 of 1996 (as amended) This is the primary statute that governs:
  • Employment contracts and probation
  • Working hours, overtime, and rest days
  • Leave entitlements
  • Termination, notice, and end-of-service benefits
  • Protection against discrimination, violence, and harassment (including new 2023 rules)
• 2023 amendments to the Labour Law These amendments:
  • Explicitly define and criminalize workplace harassment, including sexual harassment
  • Protect employees who resign due to harassment as if they were unfairly dismissed
  • Increase employer duties to prevent and respond to harassment and violence at work
• Social Security Law This law governs:
  • Mandatory social security registration
  • Old age, disability, and survivor pensions
  • Work injury and occupational disease coverage
  • Maternity benefits and unemployment benefits (for eligible categories)
• Jordanian Constitution Provides overarching protections, including:
  • Right to work
  • Equality before the law
  • Protection from forced labour
• Bylaws, regulations, and instructions Issued under the Labour Law and Social Security Law, for example:
  • Occupational health and safety regulations
  • Domestic worker regulations
  • Regulations on foreign workers and work permits
• Collective and individual agreements
  • Collective agreements with unions can increase (but not reduce) statutory minimum rights.
  • Individual contracts can grant more favorable terms but cannot waive core legal protections.

How are employment contracts structured and classified in Jordan?

Employment contracts in Jordan are usually either open-ended (indefinite) or fixed-term, and they can be written or oral, though written contracts are strongly recommended. The Labour Law sets minimum content and prohibits clauses that override statutory protections, including the new harassment protections.

Types of contracts

• Open-ended (indefinite) contracts
  • Most common for permanent employees.
  • Continue until either party terminates with a valid reason and proper notice.
• Fixed-term contracts
  • Have a clear start and end date.
  • Convert to open-ended if renewed repeatedly or if the employee continues working after expiry without objection.
• Part-time and casual arrangements
  • Still enjoy core protections on minimum wage, harassment, and safety.
  • Benefits such as leave may be prorated depending on hours and continuity of work.

Recommended minimum content

• Employer and employee details (names, addresses, ID numbers)
• Job title, duties, and reporting line
• Workplace location (including remote or hybrid arrangements if applicable)
• Start date and, for fixed-term, end date
• Salary and benefits (basic pay, allowances, bonuses, overtime rates)
• Working hours and weekly rest day
• Probation period terms (if used)
• Reference to workplace policies, including:
  • Anti-harassment and anti-violence policy
  • Disciplinary policy
  • Health and safety rules

Probation period

• Typically up to 3 months, during which either party can terminate with shorter notice.
• The contract should specify the probation duration and evaluation criteria.
• Harassment protections fully apply during probation; an employer cannot justify harassment or abuse as part of "testing" the employee.

What are the standard working hours, overtime, and leave entitlements in Jordan?

Standard working hours in Jordan are generally 8 hours per day and 48 hours per week, with at least one weekly rest day, usually Friday. Employees are entitled to paid annual leave, sick leave, and maternity leave, and overtime must be paid at premium rates.

Working hours and overtime

• Normal hours
  • 8 hours per day.
  • 48 hours per week (except in sectors with special regulations).
• Weekly rest
  • At least 1 full day per week, usually Friday.
  • Some sectors or religious minorities may agree on a different rest day.
• Overtime Overtime requires employee consent and must be paid at higher rates:
  • At least 125 percent of normal wage for overtime on regular working days.
  • At least 150 percent of normal wage for work on weekly rest days, official holidays, or public holidays.

Key pay and overtime figures (approximate)

Leave entitlements

• Annual leave
  • At least 14 days per year for employees with less than 5 years of service.
  • At least 21 days per year after 5 years of continuous service with the same employer.
• Sick leave
  • Up to 14 days per year with full pay, extendable with medical reports.
  • Additional unpaid sick leave may be available depending on the case and medical evidence.
• Maternity leave
  • Paid maternity leave as per Labour Law and Social Security Law (often 10 weeks, subject to current regulations).
  • Protection against dismissal during pregnancy and maternity leave, except in narrow cases.
• Public holidays
  • Official holidays must be granted or paid at premium rates if work is required.

How is workplace harassment defined after the 2023 amendments in Jordan?

The 2023 amendments to the Jordanian Labour Law define workplace harassment broadly to cover any unwanted physical, verbal, non-verbal, or digital conduct - including sexual harassment - that violates a worker's dignity or creates an intimidating, hostile, or offensive environment. The law protects employees from harassment by employers, supervisors, colleagues, clients, and any person they interact with in connection with their work.

Legal definition features

While the exact legislative wording is technical, in practice workplace harassment under the amended Labour Law generally includes:

• Any unwanted conduct connected to work
  • Happening at the workplace, during working hours, on work trips, or in work-related communications.
  • Extends to harassment online or through electronic means if related to the employment relationship.
• Sexual harassment Typically covers:
  • Unwelcome sexual advances or requests for sexual favors.
  • Sexually explicit comments, jokes, messages, or images.
  • Physical contact of a sexual nature or any assault with a sexual element.
  • Quid pro quo situations where promotions, pay, or job security are conditioned on sexual cooperation.
• Non-sexual harassment and violence
  • Repeated insults, humiliation, or verbal abuse that harms dignity.
  • Threats, intimidation, or bullying by supervisors or colleagues.
  • Physical assault or threats of violence in connection with work.
• Hostile environment
  • Conduct that, even if not explicitly sexual or violent, creates a climate of fear or humiliation.
  • Targeting based on sex, gender, religion, nationality, disability, or other personal characteristics.

Who is protected and who can be liable?

• Protected persons
  • Employees under any type of contract (fixed-term, indefinite, part-time).
  • Apprentices, trainees, and interns.
  • In practice, many protections extend to workers regardless of nationality or legal status.
• Potential harassers
  • Employers and company owners.
  • Managers and supervisors.
  • Co-workers at any level.
  • Customers, clients, contractors, and third parties the employee meets through work.

Criminalization of harassment

• The 2023 amendments integrate harassment into the Labour Law as a prohibited act and coordinate with the Penal Code for criminal sanctions.
• Sexual harassment can lead to:
  • Fines and administrative penalties imposed by labour authorities.
  • Criminal prosecution before the regular courts, especially for serious or repeated acts.
• Employers must treat harassment not just as a disciplinary matter but also as a potential criminal offense that may require reporting or cooperation with investigators.

What rights does an employee have to resign with full benefits due to harassment in Jordan?

Under the amended Labour Law, an employee who suffers harassment or violence at work can resign and treat this as constructive dismissal, retaining the right to full end-of-service benefits and other rights as if the employer had dismissed them unfairly. The employee must be able to show that the harassment or the employer's failure to act made continued employment unreasonable.

Constructive dismissal due to harassment

Jordanian law recognises that some resignations are effectively forced by the employer's wrongful conduct. Following the 2023 amendments, this includes cases where:

• The employee experiences sexual harassment, violence, or serious harassment at work.
• The employer, manager, or colleague is responsible, or the employer fails to intervene when informed.
• The harassment reaches a level that a reasonable person could not be expected to tolerate.

Effect on end-of-service and other rights

• End-of-service benefits
  • The resignation is treated as if the employer dismissed the worker without lawful cause.
  • The employee keeps the right to full end-of-service indemnity for the entire period of service under the Labour Law.
• Unpaid wages and overtime
  • The employer must pay all earned but unpaid salary, overtime, leave balance, and allowances.
• Compensation for unlawful treatment
  • Courts may award additional compensation if the employee proves damage from harassment or other unlawful acts.
• Social security and certificates
  • The employer must update the Social Security Corporation with the correct termination reason.
  • The employee is entitled to a certificate of employment stating job details and duration without negative comments.

Practical steps for an employee considering resignation

1. Document the harassment
   • Keep records of messages, emails, and incidents (dates, times, witnesses).
   • Write down what happened and who was involved.
2. Use internal complaint channels if possible
   • Report to HR, a supervisor, or the designated complaints officer according to company policy.
   • Keep proof of the complaint (email copy, written memo, or stamped receipt).
3. Seek external support
   • Contact the Ministry of Labour hotline or local office to file a complaint if the employer does not act.
   • Consult a labour lawyer before resigning to structure your case as constructive dismissal.
4. Resign clearly stating the reason
   • Submit written resignation explaining that you are resigning due to harassment and the employer's failure to protect you.
   • Request full end-of-service and all legal entitlements in the resignation letter.
5. File a labour claim if benefits are denied
   • If the employer refuses full benefits, file a complaint with the Ministry of Labour.
   • If unresolved, bring a claim to the competent Labour Court within the limitation period (usually 2 years from end of employment).

What penalties do employers face for failing to protect staff from harassment in Jordan?

Employers in Jordan who fail to prevent or respond to harassment face administrative fines, possible criminal liability, and exposure to civil claims for compensation and unpaid benefits. The 2023 amendments increase employer obligations and the legal risk of ignoring or mishandling harassment complaints.

Administrative and regulatory penalties

• Fines under the Labour Law
  • Labour inspectors from the Ministry of Labour can impose fines for:
    • Allowing harassment or violence at work
    • Failing to adopt required policies
    • Non-cooperation with investigations
  • Fines typically apply per violation and may increase for repeated offenses.
• Closure or suspension risk
  • In severe or repeated cases, authorities may suspend operations or close a workplace until compliance is ensured.
  • Licensing authorities may consider labour violations when renewing or granting licenses.

Criminal and civil exposure

• Criminal liability
  • Individual harassers can face criminal prosecution, especially for sexual harassment or physical violence.
  • Managers or owners who actively participate, encourage, or cover up harassment can also be prosecuted.
• Civil claims
  • Victims may claim:
    • Compensation for moral and material damage from harassment.
    • Unpaid wages, overtime, and end-of-service benefits.
  • Courts may view neglect of harassment complaints as serious breach of the employer's duty of care.

Compliance duties for employers

• Prevention
  • Adopt a clear, written anti-harassment policy in Arabic that:
    • Defines harassment and violence, including sexual harassment.
    • States zero tolerance and potential disciplinary outcomes.
    • Explains confidential reporting channels.
  • Train managers and staff on recognizing and avoiding harassment.
• Response
  • Investigate every complaint promptly and impartially.
  • Protect the complainant from retaliation or further harm.
  • Take disciplinary action where harassment is proven, up to dismissal of the perpetrator.
• Documentation and cooperation
  • Keep records of complaints, investigations, and actions taken.
  • Cooperate with Ministry of Labour inspectors and, where relevant, public prosecutors.

How are termination, notice, and end-of-service benefits handled in Jordan?

Termination in Jordan must follow legal grounds and notice requirements, and employees are generally entitled to end-of-service benefits when the employment ends, especially in cases of unfair dismissal or constructive dismissal due to harassment. Wrongful or arbitrary termination can expose employers to compensation claims in addition to statutory benefits.

Notice periods and procedures

End-of-service benefits

• Eligibility
  • Most employees who are not covered by Social Security end-of-service pension schemes are entitled to lump-sum indemnity.
  • Even for those under Social Security, employers often owe certain balances or accrued rights.
• Calculation principles
  • Based mainly on the last salary and years of service with the same employer.
  • Certain types of resignation may reduce entitlement, but constructive dismissal due to harassment is treated as unfair dismissal with full entitlement.
• Additional compensation
  • If termination is arbitrary or in violation of anti-harassment provisions, courts may grant extra compensation.

Prohibited termination grounds

• Termination because the employee complained about harassment or cooperated with an investigation.
• Termination based on gender, pregnancy, religion, nationality, or union membership.
• Dismissal during maternity leave or in certain protected periods.

How are wages, minimum wage, and benefits regulated in Jordan?

Wages and benefits in Jordan must respect the statutory minimum wage, be paid regularly in Jordanian dinars, and comply with Labour Law rules on deductions and overtime. Employers cannot use contracts or internal policies to waive minimum wage, social security registration, or core protections, including those against harassment.

Minimum wage and payment rules

• Minimum wage
  • The Council of Ministers sets the national minimum wage, which in recent years is around 260 JOD per month for Jordanian workers.
  • Certain categories (such as domestic workers or agricultural workers) may be subject to special regulations.
• Payment of wages
  • Must be in Jordanian dinars, typically monthly for salaried workers.
  • Employers must provide payslips or a way to verify calculations.
• Deductions
  • Only lawful deductions are allowed, such as:
    • Social security contributions
    • Income tax (if applicable)
    • Court-ordered deductions
  • Penalties or damages cannot be deducted arbitrarily without legal basis.

Benefits and social security

• Social Security registration
  • Most employees must be registered with the Social Security Corporation from the first day of work.
  • Both employer and employee contribute according to statutory rates.
• Health and safety
  • Employers must provide a safe work environment, including protection from harassment and violence.
  • Work injuries are usually covered through Social Security, with prescribed reporting obligations.
• Other common benefits
  • Transportation or meal allowances.
  • Medical insurance (not mandatory by law but common in many sectors).
  • Bonuses, which should be governed by clear policies to avoid disputes.

How are labour disputes handled in Jordan, and what is the typical timeline?

Labour disputes in Jordan usually start with a complaint to the Ministry of Labour for mediation; if settlement fails, the case can proceed to the Labour Court, where judges apply the Labour Law and related statutes. Employees generally have up to 2 years from the end of the employment relationship to bring most statutory claims.

Dispute resolution path

1. Internal resolution
   • The employee raises the issue with HR or management under internal procedures.
   • For harassment, internal investigation should start immediately.
2. Ministry of Labour complaint
   • The employee or employer files a written complaint at the local Ministry of Labour office.
   • Labour inspectors invite both parties for a meeting to explore settlement.
3. Labour Court litigation
   • If no settlement is reached, the complainant may file a case in the competent Labour Court (part of the Court of First Instance system).
   • The court may still encourage amicable settlement but can issue binding judgments.

Typical timelines and costs

Limitation periods

• Many labour-related claims expire after 2 years from the date the employment relationship ends.
• Some wage-related claims may have different time limits, so parties should act quickly.
• Harassment cases that involve criminal offenses may also be subject to Penal Code limitation periods, which can differ from civil claims.

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

You should hire a labour lawyer or expert in Jordan when the situation involves harassment, dismissal, significant financial claims, or potential criminal exposure. Early advice usually reduces risk, improves documentation, and increases the chances of a favorable outcome, whether you are an employer or an employee.

For employers

• Policy design and compliance
  • Drafting or updating employment contracts and employee handbooks.
  • Preparing legally compliant anti-harassment policies and complaint procedures.
• Handling harassment complaints
  • Guidance on investigations and disciplinary actions.
  • Coordination with the Ministry of Labour or public prosecutors if required.
• Restructuring and terminations
  • Planning redundancies or business restructuring to avoid unlawful dismissal claims.
  • Assessing risk and negotiating settlements.

For employees

• Harassment and constructive dismissal
  • Evaluating whether your case meets the legal threshold for constructive dismissal.
  • Drafting resignation letters and complaints that preserve your rights.
• Unpaid wages and benefits
  • Calculating what you are owed under the Labour Law and your contract.
  • Filing claims correctly within deadlines.
• Court representation
  • Presenting evidence and witnesses effectively.
  • Appealing unfavourable decisions where viable.

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

Employers should immediately review policies, contracts, and training in light of the 2023 harassment amendments, while employees should understand their rights, document issues, and use complaint channels promptly. Both sides benefit from proactive, transparent communication and, where needed, timely legal advice.

Action plan for employers

1. Audit existing documents
   • Review employment contracts, policies, and handbooks for compliance with current Labour Law.
   • Identify gaps on harassment, violence, and complaint handling.
2. Implement or update anti-harassment framework
   • Adopt a written anti-harassment policy that reflects the 2023 amendments.
   • Set clear and confidential reporting channels and designate trained persons to handle complaints.
3. Train managers and staff
   • Conduct periodic training on respectful workplace conduct and legal consequences of harassment.
   • Ensure managers understand constructive dismissal and non-retaliation obligations.
4. Strengthen documentation
   • Keep records of working hours, pay, leaves, warnings, and complaints.
   • Document all actions taken when handling a harassment complaint.
5. Engage legal counsel
   • Have a labour lawyer review policies and advise on complex cases.

Action plan for employees

1. Know your rights
   • Read your contract and any company policies you signed.
   • Familiarise yourself with basic Labour Law protections, including the new harassment provisions.
2. Document any violations
   • Keep copies of payslips, contracts, and communications.
   • Record details of any harassment incidents or unlawful treatment.
3. Use internal channels
   • Report problems to HR or your supervisor if it is safe to do so.
   • Ask for written acknowledgment of your complaint.
4. Seek external help
   • Contact the Ministry of Labour to file an official complaint if internal resolution fails.
   • Consult a labour lawyer, especially before resigning due to harassment or accepting a settlement.
5. Act within legal time limits
   • Do not wait beyond 2 years after the end of employment to bring claims to court.
   • For criminal aspects of harassment, seek advice as early as possible.