garment factory workers’ Rights

Rights of migrant workers in Qualifying Industrial Zones/Garment Factories

The collective labor contract signed on 21/11/2019 between the General Syndicate of Owners of Knitting Factories, the Jordanian Association of Garment and Textile Exporters, and the General Union of Workers in the Spinning, Weaving and Clothing Industry, published in the Official Gazette No. (5617) dated 16/1/2020All workers in the textile and garment industry in accordance with the Jordanian Labor Law are Jordanians and non-Jordanians, even if they are not members of the trade union;

Employment contract and probationary period

Employers should only recruit workers from abroad by contracting with licensed recruitment agencies in the source country, without charging workers any fees (recruitment fees).
Expatriate workers or refugees may not be employed in Qualifying Industrial Zones or renew their contracts except through the agreed standard employment contract.
Any additional clause in an employment contract or agreement contrary to the labor law or collective labour contract shall be null and void.
The employment contract between the worker and the employer shall be organized in Arabic, and each shall keep a copy of the employment contract, and another copy of the contract shall be organized for the non-Arab worker in a language he understands.

Work Permit

Non-Jordanian workers are prohibited from practicing any work before obtaining a work permit, and the duration of the work permit is one year or part of a year.
The employer is responsible for paying the fees for issuing or renewing a work permit, and fines for delaying the renewal of the work permit and residence permit.
The employer is responsible for repatriating workers upon the legal expiry or termination of their contracts, at his expense.
A non-Jordanian worker is prohibited from practicing any work if his work permit has expired, and he is prohibited from working for another employer, or from working in a profession other than the one in which he is authorized to work.
When a worker transfers to another employer in the same sector, the Ministry shall collect from the new employer a fee for the new work permit and for the previous periods the worker worked without a work permit.
A worker against whom a deportation decision has been issued shall not be allowed to obtain a work permit unless it is decided to cancel the deportation decision.
The worker shall be exempted from obtaining a work permit if he is the son of a Jordanian woman married to a non-Jordanian residing in the Kingdom.

Working hours and overtime

It is forbidden to employ the worker more than 8 hours a day or 48 hours a week, except in the cases provided for by law (annual inventory, or to avoid loss of goods or any other material that is damaged or to avoid risks).
Time spent on eating and rest is not counted from the working hours.
Working hours and rest periods shall be regulated so that the worker does not stay in the workplace more than 12 hours per day, and overtime hours do not exceed four hours per day.
Overtime work must be with the consent of the worker, and may not be compulsory or forced.
For each additional hour of work, the worker shall receive a wage of not less than (125%) of his usual wage.
In the event that the worker is employed on weekends, religious holidays or official holidays, he shall receive an additional wage of not less than 150% of his usual wage.
The worker shall be entitled to wages during working hours during which he is not assigned to work, and during times of interruption from work for reasons not attributable to him.

Wage and minimum wage

According to the unified contract, the minimum wage for all workers in the textile and clothing industry sector is (220) dinars, and the wage is divided into wage (cash) and wage (in-kind) as follows:
- The minimum cash wage for expatriate workers is JD 125.
- The in-kind wage is estimated at (95) dinars.
- The (in-kind) and (cash) wage are calculated together for the purposes of calculating overtime, social security and any other entitlements that fall within the concept of wages.
Every worker who receives a monthly wage of less than (300) dinars, and who has completed one year or more from the date of his appointment with the employer, shall be granted an increase of (5 dinars) added directly to his wage, and then this increase shall be granted on an annual basis.
The worker has the right to receive his wage at the work site in cash, in his bank account or by any other electronic payment method agreed upon between the worker and the employer.
Remuneration and any other entitlements must be paid within a period not exceeding seven days from the due date.
The worker’s wage and overtime allowance may not be deducted from the worker’s wage except in the cases provided for by law.
It is forbidden to take any penalty or impose a fine on the worker for any violation not stipulated in the sanctions list approved by the Ministry of Labor, and the following shall be taken into account:
- Fifteen days must not have elapsed since the commission of the violation.
- The total fines shall not exceed the wage of 3 days per month.
- Allow the worker to defend himself before imposing the penalty on him, and object to it to the labor inspector within one week from the date of informing him of it.
- Fines shall be recorded in a special register and allocated for the provision of social services to workers in the institution.

Holidays and vacations

The worker shall be entitled to leave with full pay on official holidays and religious holidays.
The worker is entitled to an annual leave with full pay for a period of 14 days, unless more than this is agreed with the employer, and the leave period becomes 21 days if he spends five consecutive years in his work with the same employer.
Any agreement to waive the worker’s annual leave or any part thereof shall be null and void and contrary to the law.
Public holidays, religious holidays and weekends do not count towards annual leave.
The worker may postpone his annual leave for the following year in agreement with the employer, and in the event that the employer rejects the worker’s request to grant him leave and the two years have elapsed, the worker shall be paid his annual leave allowance in cash.
The worker shall be entitled to a cash wage for the annual leave he has not used if his work is terminated for any reason.
The worker shall be entitled to three days of paid paternity leave in the event of the birth of a child.
Working women shall be entitled to ten weeks of maternity leave with full pay, provided that the period of leave that falls after childbirth shall not be less than six weeks.
The worker shall be entitled to sick leave with full pay for a period of fourteen days during one year based on an approved report, and may be extended for another fourteen days with full pay if he is an inmate of a hospital.
The worker shall be entitled to a weekly day off with full pay, and the weekly days of rest may be collected and obtained within a period not exceeding one month by agreement between the parties.

Prevention of work hazards and work injuries

The employer shall provide a safe working environment and take the necessary precautions and measures to protect workers from the dangers and diseases that may result from the work and the machines used in it, and provide means of personal protection and prevention for workers from work hazards and occupational diseases such as clothes, glasses, gloves, shoes, etc., and guide them on how to use and maintain them.
Workers shall not be charged any expenses for protective and preventive tools and measures.
The employer shall provide clean drinking water without incurring any expenses to the worker, provide a place to rest and eat for workers, andmaintain clean and healthy health facilities in a manner that provides privacy for both
In the event that the worker suffers a work injury, he shall be transferred by the employer to the hospital or any medical center and the competent security authorities shall be notified of the accident, as well as the Social Security Corporation shall be notified and the necessary measures shall be taken to obtain the worker’s legal compensation.

Trade union work

A worker in the textile and clothing sector may join the syndicate if he meets the conditions for membership, and he has the right to participate in the election of trade union committees representing workers.
Members of the trade union committee are allocated paid working hours while exercising any work related to the committee (i.e. the employer will not deduct from the worker’s wage if the worker participates in the trade union committee).
The employer shall not stipulate that the worker not join the syndicate, renounce his membership therein, dismiss him, or prejudice any right to his rights by joining its membership or contributing to its activities outside working hours.

End of service

The worker’s relationship with the employer shall be terminated if both parties agree to do so, or if the work or the duration of the contract ends and is not renewed at the request of one of the parties, or due to force majeure, or if the worker fulfills the conditions for old-age retirement stipulated in the Social Security Law, unless both parties agree otherwise.
It is forbidden to dismiss the worker or take any disciplinary action against him for reasons related to complaints and claims submitted to the competent authorities related to the application of the provisions of the Labor Law to him.

Service Certificate

Upon termination of service, the worker shall be entitled to obtain a service certificate stating his name, type of work, date of joining the service, date of termination of service, and all papers, certificates or tools deposited with the employer.

Other rights

It is not allowed to transfer the non-Jordanian worker employed to work in the Qualified Industrial Zones to any other productive sector, while he has the right to transfer to another employer in the same sector, provided that he obtains a clearance from the employer, whether the work permit is valid or expired, but if the work permit is canceled, the worker moves to another employer without the need for a clearance, and a new work permit is issued to him for a period of one year and with new fees.
The recruited worker has the right to transfer from one employer to another after the lapse of six months from the work permit with the employer who recruited him, provided that the approval of the Ministry and the owners of the original and new work, the cancellation of the work permit and the issuance of a new work permit for a period of one year with new fees.
A migrant worker has the right to keep his passport and private documents, and the employer may not withhold workers’ passports or any document related to them for any reason.
The employer must be obligated to involve all his workers in the insurances covered by the provisions of the Social Security Law.
The worker has the right to pay his social security entitlements if he wishes to leave the country permanently, provided that the application is submitted within a period not exceeding 3 months from the date of expiry of his work permit, otherwise a full fee is paid for a work permit for the purposes of granting him no objection, taking into account the application of retroactive effect.
A worker who does not have a previous work permit is entitled to receive his social security entitlements if he wishes to leave the country permanently, provided that the work permit fees are paid retroactively for the entire period of his social security contribution.
All workers in the Qualifying Industrial Zones are entitled to free and safe transportation (if the gathering places are more than one kilometer away from the vicinity of the employer’s site) for the purpose of transporting them from the nearby gathering places of residence to and from the work sites (round trip), and the worker is free to leave the workplace using this transportation or not, and the employer must provide transportation for all workers who perform overtime work after the end of working hours.
The migrant worker in the Qualified Industrial Zones has the right to obtain special housing in accordance with the provisions of the instructions of the Ministry of Health to prevent the occurrence of harm and health damage resulting from the housing units of labor gatherings, and the trade union has the right to access housing for the purpose of supervising the housing conditions and their compliance with health standards, in coordination with the management of the facility.

Duties of the worker

Perform the work himself and exert care in performing it, and abide by the orders of the employer to carry out the agreed work within the limits that do not expose him to danger or violate the provisions of laws or public morals.
Preserving the secrets of the employer and not disclosing them in any way, even after the expiry of the employment contract in accordance with the requirements of the agreement or custom.
Preserving the things handed over to him for the performance of the work, including work tools, materials and other supplies for his work.
Undergo the necessary medical examinations that the nature of the work requires to be conducted before joining the work or after it to verify that it is free from occupational and communicable diseases.

Not to pay any sums of money to any person in exchange for issuing a work permit or to continue working or until obtaining clearance under any circumstances, and the worker must resort in these cases to the competent authorities (Ministry of Labor or security centers) for grievance purposes.
The worker is prohibited from leaving work in cases other than those stipulated by law, or without the permission or consent of the employer, and all rules and regulations must be adhered to to ensure safe and legal residence in the Kingdom.
Upon expiry of the work permit and no desire to renew it or transfer to another employer in accordance with the applicable legislation, the worker must leave the country within 90 days of the expiry of the work permit.

Ministry of Labor Procedures to Protect Workers' Rights Qualified Industrial Zones

In the event of any dispute arising from the application, interpretation or enforceability of the collective contract, the following procedures shall be followed:
- First: In individual disputes: Every worker has the right to submit a complaint to the Trade Union Committee, which mediates between the worker and the employer seeking to resolve the dispute, and if the trade union committee is unable to resolve the dispute within five days, or if the worker does not wish to refer the matter to the Trade Union Committee, the provisions of the Labor Law shall be applied so that the worker has the right to submit a complaint to the Wages Authority or the Magistrate’s Court, as the case may be, in accordance with the governing provisions.
- Second: In collective labor disputes: If the dispute is between the workers and the employer, the dispute shall be referred to the trade union committee in the establishment to try to resolve the dispute amicably, and in the event that the committee is unable to resolve the dispute within three days, the dispute shall be referred to the collective contract management committee, which in turn is responsible for resolving the dispute amicably within three days, and if the dispute is not resolved amicably in accordance with the procedures set forth above, the contract management committee shall issue a memorandum to the Minister of Labor confirming the existence of a “dispute”. It constitutes a collective labor dispute, and then the procedures for settling collective labor disputes mentioned in Articles (120-131) of the Labor Law shall be followed. If the dispute is between the parties to the contract, the disputes are referred to the contract management committee, and if the contract management committee is unable to resolve the dispute amicably within five days, the contract management committee shall issue a memorandum to the Minister of Labour confirming the existence of a “dispute” constituting a collective labor dispute, and then follow the procedures for settling collective labor disputes contained in Articles (120-131) of the Labor Law.
The union shall represent all workers covered by the collective contract in a fair and equitable manner and without discrimination among workers on grounds of race, creed, religion, color, national origin, sex, age, citizenship status or disability.

Labor Rights