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The Effective Enforcement of Labor Law Regulations related to Foreign Employees Working in Jordan

SKP

Labor regulations[1] related to the cancellation of work permits and residencies of foreign employees employed in Jordan (referred to hereinafter as “Employee(s)”) are now enforced in a strict fashion in Jordan. 

The effective implementation of labor regulations imposes compliance obligations on entities and organizations which employ foreign Employees. At the end of the employment, entities and organizations have the obligation to cancel the work permit and the residency of employees whose employment has ended in Jordan.

For compliance purposes, organizations and entities would distinguish between two instances: The first is when the Employee may wish to leave Jordan and his or her work permit and residency have expired (A). The Second is when the Employee may wish to remain in Jordan and both his or her work permit and residency have expired (B). 

  1. In the event the Employee wishes to leave Jordan  

If the Employee intends to leave Jordan and both his or her work permit and residency have expired, the organization has no obligation to cancel the expired work permit. Nonetheless, the residency of the foreign Employee must always be cancelled.

In this case, organizations shall proceed with the cancellation of the Employee’s expired residency and shall submit to competent authorities the following required documentation:    

  1. The original passport of the Employee.
  2. The original residency of the Employee.
  3. A cancellation letter addressed by the organization to the Ministry of Interior requesting the cancellation of the expired residency of its Employee.
  4. A copy of the inbound flight ticket (return travel ticket) evidencing the exit from the Hashemite Kingdom of Jordan.
  5. A copy of the organization’s professional license.
  6. A certificate of registration issued by the commercial register or a certificate showing authorized signatories - depending on the type of the organization.
  7. A copy of the registration certificate of the organization.
  8. An authorization (Power of Attorney) mandating the person pursuing the cancellation procedures.   

In the event Employees wish to leave Jordan, competent authorities shall issue a one-week temporary residency dated as of the cancellation date of the original residency. Such temporary residency shall be issued for the sole purpose of leaving the Hashemite Kingdom of Jordan.

  1. In the event the Employee wishes to remain in Jordan

The Employee might wish to remain in Jordan and work at a different organization and both his or her work permit and residency have expired. Alternatively, the Employee might desire to work at a different organization and both his or her work permit and residency have not yet expired.

In these two cases, the work permit and the residency shall be cancelled and the organization which employed the Employee must provide him or her with a Clearance and Waiver.

To comply, organizations shall proceed with the cancellation of both the work permit and the residency of the Employee and shall submit to competent authorities the following required documentation:    

  1. A cancellation letter addressed by the organization to the Ministry of Labor and the Ministry of Interior requesting the cancellation of both the work permit and the residency of its Employee.
  2. The original passport of the Employee.
  3. The original residency of the Employee.
  4. The original work permit of the Employee.
  5. A copy of the organization’s professional license.
  6. A certificate of registration issued by the commercial register or a certificate showing authorized signatories - depending on the type of the organization.
  7. A copy of the registration certificate of the organization.
  8. An authorization (Power of Attorney) mandating the person pursuing the cancellation procedures. 

Sa’ed Karajah Law Firm is publishing this information for indicative purposes only.  For further information, contact us to help you comply with the constant change in labour law regulations in Jordan.

 

 

[1] Sa’ed Karajah Law Firm is publishing this information for indicative purposes only.