Work Permits

Rights of agricultural migrant workers

Employment contract and probationary period

  • Agricultural labour contract and its terms: An agricultural labour contract may be for a fixed period if agreed between the two parties to do so, and temporary or seasonal works are considered fixed-term by nature as such, otherwise the agricultural labour contract is considered indefinite;
  • The language of the employment contract: Arabic in addition to the language that the worker understands, and each of the parties keeps a copy of it, and in the event that the employment contract is not written, the agricultural worker may prove his rights by all legal means of proof.
  • Probationary period: The employer may subject the worker to a probationary period at the commencement of his employment for a period not exceeding 90 days, during which the worker’s wage may not be less than the minimum wage set, and the probationary period shall be counted as part of the worker’s period of service with the employer.
  • violation of the terms of the employment contract; The worker has the right to refrain from work, if it differs from the nature of the work agreed upon in the employment contract, except in cases of necessity stipulated in the Labor Law. He shall also have the right to refrain from working, in a place other than the agreed place, if this leads to a change in his place of residence, unless there is an express provision in the employment contract permitting this.
  • The employment contract is automatically renewed; when the employment contract expires, and the worker continues to work for the same employer, the contract becomes unlimited in duration, and the worker continues to work without a contract until his service ends under the provisions of the Labor Law.
  • Intellectual property rights: The intellectual property right of the innovator shall be for the worker, unless it relates to (the employer’s work, or the use of the employer’s expertise, information, tools or raw materials) that led to such innovation, unless otherwise agreed in writing.

Work Permit

  • Non-Jordanian agricultural worker is prohibited from practicing any work before obtaining a work permit, practicing any work if his work permit expires, working for another employer, or working in a profession other than the one in which he is authorized to work.
  • Work permit fees: The employer shall bear the fees for issuing or renewing the work permit, and fines for delaying the  renewal of the work permit, and when the agricultural worker changes the employer, the Ministry collects from the new employer a fee for the work permit retroactively if the worker is in violation, and the period that the worker spends outside Jordan for more than one month is excluded from the calculation of the retroactive effect.
  • Issuance of a deportation decision: It is forbidden to grant or renew an agricultural work permit to any non-Jordanian worker against whom a deportation decision has been issued unless this decision is canceled by the Ministry of Labor.
  • Children of Jordanian women: A non-Jordanian worker is exempted from obtaining an agricultural work permit if he is the son of a Jordanian woman married to a non-Jordanian resident in the Kingdom.

Working hours and overtime (these provisions do not apply to the agricultural employer who employs three or less agricultural workers, and the working hours, holidays and vacations are regulated by agreement between the employer and the agricultural worker and in proportion to the nature of agricultural work).

  • Working hours: It is forbidden to employ an agricultural worker for more than 8 hours a day or 48 hours a week spread over a maximum of six days, except in emergency cases to avoid loss of plant or animal products or damage to any of them.
  • Overtime hours: An agricultural worker may be employed more than the working hours prescribed with his consent, including the agricultural season and agricultural production periods, provided that he shall receive for each additional hour a wage of not less than 125% of his usual wage, and 150% in the event that he is employed on his weekly holidays, religious holidays or official holidays.
  • Maximum overtime hours: The agricultural worker shall be granted a period of rest and eating of not less than one hour per day according to the working conditions and shall not be counted among the agricultural working hours, and the worker may not stay more than 11 hours in the workplace per day (the sum of the actual and overtime hours and rest periods), provided that he receives the additional wage provided for by law.
  • Working hours in which the employment of a worker is prohibited; It is prohibited to employ an agricultural worker in exceptional weather conditions, and the hours during which work is prohibited are determined by the Minister of Labour.

Wage and minimum wage

  • The minimum wage prohibits granting agricultural workers a wage less than the minimum wage, which is currently scheduled for non-Jordanian workers at (260) dinars per month, starting from the year 2023.
  • Determination of the amount of remuneration: The amount of remuneration shall be determined in the employment contract, and if the contract does not provide for remuneration, the worker shall receive the estimated wage for work of the same kind for each work of equal value without any discrimination based on sex, otherwise it shall be assessed according to custom or by the court.
  • The period of obtaining the wage: The agricultural worker shall be entitled to his wage and the wage of overtime allowance within a period not exceeding 7 days from the date of his entitlement, without deducting any part thereof, except in the cases provided for by law.
  • Providing housing for the worker; The agricultural worker shall be entitled to appropriate housing and facilities at the expense of the employer if the nature of the agricultural work so requires or the agricultural labor contract includes this condition.
  • Penalty of fines against the worker; It is forbidden to take any penalty or impose a fine on the agricultural worker for any violation not stipulated in the approved sanctions regulation, taking into account the following:
  • Not to be taken after the lapse of fifteen days from the date of its commission.
  • The fine shall not exceed the wage of 3 days in one 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 notifying him of it.
  • Fines shall be recorded in a special register and allocated for the provision of social services to workers in the institution.
  •  

Paid leaves (these provisions do not apply to the agricultural employer who employs three or less agricultural workers, and the working hours, holidays and vacations are regulated by agreement between the employer and the agricultural worker and in proportion to the nature of the agricultural work)

  • Public holidays and religious holidays: The agricultural worker is entitled to leave with full pay on public holidays and religious holidays,  and these holidays are not counted as annual leave.
  • Annual leave: The agricultural worker is entitled to an annual leave with full pay for a period of 14 days, agreed with the agricultural employer on how to use it, and the terms and conditions stipulated in the Labor Law apply to it. Any agreement whereby a worker waives his annual leave or any part thereof shall be null and void and contrary to the law.
  • Annual leave for the period of service less than one year; In the event that the agricultural worker’s service period does not reach  one year with the employer, he shall be entitled to leave in proportion to the period during which he worked in the year, and official holidays, religious holidays and the weekly holiday shall not be counted  as part of the annual leave.
  • Splitting and deporting the annual leave; The agricultural worker shall be entitled, with the consent of the employer, to obtain the annual leave in one lump sum, or to obtain it in part, provided that the leave shall not be less than two days at a time.The worker may also 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.
  • Receive a cash allowance for annual leave; An agricultural worker shall be entitled to a cash wage for the annual leaves he has not used if he leaves work for any reason.
  • Other leaves; An agricultural worker shall be entitled to additional leave with full pay for a period of fourteen days per year in the following cases:
    • If he enrolls in an approved course of labor culture with the consent of the employer.
    • To perform Hajj if he has worked for at least five consecutive years with the employer, and once during the period of his service.
  • Paternity leave: The agricultural worker is entitled  to paternity leave with full pay for a period of three days in the event of the birth of a child to him, and the working woman has maternity leave with full pay for a period of ten weeks, provided that the period of leave that falls after childbirth is not less than six weeks,  and she may not be warned of dismissal during this leave, and the woman has the rightAfter the end of maternity leave, a period of one year from the date of birth shall receive a period or periods of paid breastfeeding not exceeding one hour per day.
  • Sick leave: An agricultural worker is entitled to sick leave with full pay for a period of fourteen days during one year, renewed for another fourteen paid days if he is an inmate of a hospital.
  • Weekly holiday: The agricultural worker is entitled to one day off according to the requirements of the nature of the agricultural work, and the agricultural worker may, with the consent of the employer, collect and obtain his weekly vacation days within a period not exceeding one month.
  • Unpaid leave; an agricultural worker is entitled to unpaid leave in the following cases:
    • Leave for four months, if enrolled to study at an officially recognized university, institute or college.
    • Leave for a period not exceeding one year, for a woman who works in an establishment that employs ten or more workers for the purpose of full-time raising her children, and she has the right to return to her work after the end of this leave, and the woman loses this right if she works in any other institution for a wage during that period.
    • Leave for a period not exceeding two years and for one time, for each of the working spouses for the purpose of accompanying his spouse if he moves to another job located outside the governorate in which he works inside the Kingdom or to a job located outside it.

Prevention of work hazards and work injuries

  • Providing means of protection and prevention for workers; The employer shall provide occupational safety and health conditions in accordance with the instructions issued by the Minister of Labour for this purpose.
  • Injury expenses and compensation; The agricultural worker has the right, when injured at work, to be transferred by the employer to the hospital or any medical center and to inform the competent security authorities of the accident within a period not exceeding (48) hours from the accident, and the employer bears the expenses of transporting the injured person to the hospital or medical center for treatment, and the employer shall also bear the payment of compensation stipulated in the Labor Law to the worker who suffers a work injury or an occupational disease that arises from His work based on the medical reference report.

Trade union work and strike

  • The right to join the syndicate: The non-Jordanian agricultural worker may join the union if he meets the conditions for membership, and the employer is prohibited from requiring the worker not to join a trade union, to renounce his membership in it, to dismiss him from any union, or to prejudice any right to his rights to join its membership or contribute to its activities outside working hours.
  • The right to engage in trade union activity; The employer is prohibited from taking any action against any representative of the trade unions for practicing union activity, including dismissal from work; and the worker has the right to claim any malfunction or damage suffered as a result of any action taken against him as a result.

End of service and resignation

  • Cases of termination of the employment relationship: The relationship of the agricultural  worker with the employer shall be terminated  if the  parties agree to do so, or if the work or the duration of the contract ends and is not renewed at the desire 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 the parties agree otherwise.
  • Leaving work during the validity of the contract; In the event that the  agricultural worker  wishes to terminate the employment relationship, the employer must be informed   at least 30 days in advance by written notice and the worker is entitled to his wage for the notice period, if the worker leaves his job before the expiry of the notice period, he is not entitled to a wage for the period of leaving work and he must compensate the employer for that period equivalent to his wage for it, but if the notice is submitted by the employer, he may exempt the worker from Work during its term and may occupy it except for the last seven days.
  • In cases of leaving work without notice, an agricultural worker has the right to terminate his contract without notice and obtain all his rights, according to the following cases, and in these cases he must inform the Ministry of Labour within two weeks from the date of leaving work:
    • In the event of a reduction in his wage, or when employed in work different from the work agreed upon, or if he leads to a change in his permanent place of residence contrary to the employment contract.
    • If it is proven by an approved medical report that the worker’s continuation of work leads to a threat to his health.
    • If the employer or his representative assaults the worker during or because of work, by beating, insulting or in any form of sexual assault or harassment.
    • If the employer fails to implement any provision of the Labour Law or any regulation issued pursuant thereto, provided that he has received a notice from a competent authority in the Ministry requesting compliance with such provisions.
  • Dismissal of the worker from work due to filing a complaint; It is forbidden to dismiss the agricultural worker or take any disciplinary action against him for reasons related to the complaints and claims submitted by him to the competent authorities related to the application of the provisions of the Labor Law to him.

End of service benefits

  • End of service gratuity: An agricultural worker who is not subject to the provisions of the Social Security Law and whose service is terminated for any reason shall be entitled to end-of-service gratuity at the rate of one month’s wage for each year of his actual service.
  • In addition to the end-of-service gratuity, an agricultural worker subject to regulations for the institution in which he worked (provident funds, savings, retirement, or any other fund) shall be entitled to receive all the benefits granted to him under these regulations in the event of termination of service.
  • Service certificate: Upon termination of service, an agricultural 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

  • Transfer to another employer; The non-Jordanian agricultural worker has the right to transfer from one agricultural employer to another in any sector or economic activity to which he is allowed to move, 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 with new fees; The economic obstacle to any other sector or any other employer outside that area without the approval of the Ministry of Labor.
  • The agricultural worker has the right to keep his passport and private documents and not to hand them over to the employer, and if he decides to hand them over to the employer or to any person for the purpose of keeping them in a safe place, attention must be paid to obtaining an acknowledgment of receipt from the person receiving these documents.
  • The employer must be obliged to include all his agricultural workers in the insurances covered by the provisions of the Social Security Law in exchange for deducting from it the percentage specified in social security. (This provision does not apply to an agricultural employer who employs three or fewer agricultural workers)
  • Payment of social security benefits: A non-Jordanian agricultural 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. If the worker does not have previous work permits, the fees for work permits are collected retroactively for the entire period of his contribution to social security.
  • exclusion of a worker on the basis of disability; It is forbidden to exclude anyone from work on the basis of or because of disability. A disability-friendly and accessible workplace must be ensured as a prerequisite for the exercise of their rights and freedoms in the work environment.
  • Child custody; Agricultural workers employed in one place with an employer, and have a number of children, at least fifteen children under the age of five years, have the right to create a suitable place to care for their children, and be in the custody of one or more qualified nannys, and employers may participate in the preparation of this place in one geographical area, and in the event that it is found that the employer is unable to create the appropriate place in the facility or its surroundings, appropriate alternatives can be identified for workers Based on the instructions of the Ministry of Labor.

Duties of a non-Jordanian agricultural worker

  • The agricultural worker must:
    • Performing the work and exerting care in performing it, and adhering to 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 employer’s secrets and not disclosing them in any way, even after the expiry of the employment contract as required by 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.
  • Beware of paying any sums of money to any person in exchange for issuing a work permit, continuing to work, 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 the purpose of grievance.
  • 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 measures to protect the rights of agricultural workers

  • In the event of any complaint or information related to the violation of the rights of the agricultural worker or his exploitation, or any breach by the agricultural employer of his obligations, the Ministry shall take the following measures:
    • Summoning both the agricultural employer and the agricultural worker to the Ministry to resolve the complaint amicably.
    • Warning the agricultural employer if it is found that he violated the provisions of the law or this system, provided that he removes the violation within a week.
    • Issuing a seizure against the agricultural employer and taking the necessary legal measures stipulated in the law.
    • Prohibiting the agricultural employer from recruiting or transferring a non-Jordanian agricultural worker to work for him for the period specified by the Minister.