JordanTips

Legal System and Rights of Expats in Jordan

1. What are the main laws governing the legal system in Jordan?

The main laws governing the legal system in Jordan include:

1. The Jordanian Constitution: This foundational law sets out the basic framework of government, the rights and duties of citizens, and the structure of the legal system.

2. Civil Code: The Civil Code governs civil matters such as contracts, property rights, and family law.

3. Penal Code: This law outlines criminal offenses, the penalties for committing them, and the procedures for criminal trials.

4. Code of Civil Procedure: The Code of Civil Procedure sets out the rules for civil litigation, including court procedures and the rights of parties in civil cases.

5. Code of Criminal Procedure: This law governs criminal proceedings, including the rights of the accused, the role of law enforcement agencies, and the procedures for conducting criminal trials.

6. Labour Law: The Labour Law regulates the rights and obligations of employers and employees, including issues such as employment contracts, working conditions, and labor relations.

7. Investment Law: The Investment Law sets out the rules and incentives for foreign investment in Jordan, including the rights of expatriate investors and the procedures for establishing and operating businesses.

These laws collectively form the legal framework that governs various aspects of life in Jordan and ensures the protection of the rights of individuals, including expatriates living and working in the country.

2. What are the rights and obligations of expatriates living and working in Jordan?

Expatriates living and working in Jordan have both rights and obligations that are outlined by Jordanian laws and regulations. Some key rights of expatriates in Jordan include:

1. Right to work: Expatriates have the right to work in Jordan in accordance with the terms of their work permit and visa.

2. Right to fair treatment: Expatriates have the right to be treated fairly and equally under the law, without discrimination based on nationality or other factors.

3. Right to legal protection: Expatriates are entitled to legal protection under Jordanian law, including access to the legal system in case of disputes or conflicts.

On the other hand, expatriates also have obligations while living and working in Jordan. These obligations typically include:

1. Compliance with Jordanian laws: Expatriates are required to comply with all Jordanian laws and regulations while living and working in the country.

2. Respect for local customs and traditions: Expatriates should respect the local customs and traditions of Jordanian society, including dress codes and social etiquette.

3. Payment of taxes: Expatriates are required to pay taxes on their income earned in Jordan, in accordance with the country’s tax laws.

Overall, expatriates in Jordan enjoy certain rights but also have obligations to adhere to the laws and norms of the host country. It is important for expatriates to familiarize themselves with the legal framework and requirements in Jordan to ensure a smooth and compliant stay in the country.

3. How are expatriates’ rights protected in Jordanian employment law?

Expatriates’ rights are protected in Jordanian employment law through various regulations and provisions:

1. Non-discrimination: Jordanian employment law prohibits discrimination against expatriates based on their nationality, race, gender, religion, or any other personal characteristic.

2. Employment contracts: Expatriates working in Jordan are entitled to have written employment contracts that clearly outline their rights, responsibilities, and terms of employment, such as working hours, remuneration, benefits, and termination clauses.

3. Work permits: Expatriates must obtain work permits and residence visas to legally work in Jordan. This ensures that their presence in the country is regulated and protected under the law.

4. Minimum wage and working conditions: Expatriates are entitled to receive the minimum wage set by Jordanian labor law and must work under safe and healthy conditions as prescribed by the law.

5. Social security and benefits: Expatriates have the right to social security benefits, such as healthcare, pensions, and other entitlements as per the provisions of the law.

6. Dispute resolution: If expatriates face any disputes or grievances in their employment, they have the right to seek recourse through the labor courts in Jordan.

Overall, Jordanian employment law provides a framework that safeguards the rights of expatriates working in the country, ensuring fair treatment, equal opportunities, and legal protection in the workplace.

4. What are the procedures for obtaining a work permit as an expatriate in Jordan?

To obtain a work permit as an expatriate in Jordan, you would need to follow specific procedures:

1. Obtain a job offer: First, you need to secure a job offer from a Jordanian employer. The employer must then apply for a work permit on your behalf.

2. Work permit application: The employer will submit the work permit application to the Ministry of Labour in Jordan. The application will include details such as your personal information, qualifications, job description, and reasons for hiring a foreign national.

3. Approval process: The Ministry of Labour will review the application and assess whether the job could be filled by a Jordanian national. If approved, they will issue a work permit.

4. Residency requirements: Once the work permit is approved, you will also need to obtain a residency permit to legally live and work in Jordan. This typically involves submitting additional documentation to the Department of Residence and Borders in Jordan.

It is important to note that procedures and requirements for obtaining a work permit may vary based on the specific circumstances and your nationality. It is advisable to consult with legal experts or immigration consultants familiar with Jordanian laws and regulations to ensure a smooth application process.

5. Can expatriates own property in Jordan?

Yes, expatriates can own property in Jordan. There are certain regulations and restrictions that they need to be aware of when purchasing property in the country. Here are some key points to consider:

1. Foreign nationals are allowed to own real estate in designated areas specifically designated for investment purposes, such as the Aqaba Special Economic Zone.
2. Expatriates need to obtain approval from the Cabinet of Ministers before purchasing property in non-designated areas.
3. The process of buying property in Jordan involves various legal steps and paperwork that must be completed to ensure a smooth transaction.
4. It is advisable for expatriates to seek legal guidance from a reputable lawyer specializing in real estate law to navigate the complexities of property ownership in Jordan.

Overall, expatriates can own property in Jordan, but it is essential to be familiar with the legal requirements and seek professional advice to ensure compliance with the regulations.

6. What are the legal requirements for expatriates to start their own business in Jordan?

Expatriates who wish to start their own business in Jordan must adhere to several legal requirements:

1. Legal Status: Expatriates must possess a valid residency permit and work permit in order to legally establish a business in Jordan.

2. Business License: Expatriates need to obtain the necessary licenses and permits from the Ministry of Industry, Trade, and Supply to operate a business in the country.

3. Company Registration: Expatriates must register their business with the Companies Control Department under the Ministry of Industry, Trade, and Supply.

4. Investment Regulations: Expatriates must comply with Jordanian investment laws, which may include minimum capital requirements and restrictions on foreign ownership in certain sectors.

5. Tax Obligations: Expatriate business owners are required to fulfil their tax obligations, such as registering for taxes and paying corporate income tax.

6. Legal Representation: It is advisable for expatriates to seek legal advice and have legal representation to navigate the complexities of starting a business in Jordan and ensure compliance with local laws and regulations.

7. How are expatriates taxed in Jordan and what are their rights in taxation matters?

Expatriates living and working in Jordan are subject to the country’s tax laws. Income earned by expatriates in Jordan is generally subject to income tax, which is calculated based on the individual’s residency status and duration of stay in the country. Expatriates are classified as either resident or non-resident for tax purposes, with different tax obligations for each category.

1. Resident expatriates are taxed on their worldwide income, which includes income earned in Jordan as well as income earned outside the country.

2. Non-resident expatriates are only taxed on income earned within Jordan.

Expatriates in Jordan have the right to avail any tax treaties that exist between Jordan and their home country. These treaties are designed to prevent double taxation and provide expatriates with certain rights in taxation matters, such as reduced tax rates or exemptions on specific types of income. It is essential for expatriates in Jordan to understand their tax obligations and rights to ensure compliance with the country’s tax laws and to maximize any available tax benefits.

8. What are the laws regarding residency permits for expatriates in Jordan?

In Jordan, expatriates are required to obtain residency permits in order to legally reside in the country. The laws regarding residency permits for expatriates in Jordan are outlined in the Residency and Foreigners Affairs Law. To obtain a residency permit, expatriates must usually have a sponsor, such as an employer or a family member, who can provide the necessary documentation and financial support. The permit is typically valid for one year and can be renewed annually. Expatriates are required to adhere to the regulations set forth by the government, including abiding by the terms of their residency permit and complying with any reporting requirements. Failure to do so can result in fines, deportation, or other legal consequences. It is important for expatriates in Jordan to stay informed about the current laws and regulations related to residency permits to ensure compliance and avoid any potential issues.

9. What legal rights do expatriates have in terms of healthcare and education in Jordan?

Expatriates in Jordan have legal rights when it comes to healthcare and education. Here is a breakdown of their rights in these areas:

1. Healthcare: Expatriates in Jordan have the right to access healthcare services in the country. While there is a public healthcare system in Jordan, expatriates often choose to have private health insurance to ensure access to a wider range of services and facilities. Expatriates are entitled to receive emergency medical treatment regardless of their legal status in the country. However, it is essential for expatriates to familiarize themselves with the healthcare system in Jordan and understand their rights and entitlements under their specific insurance coverage.

2. Education: Expatriates in Jordan also have certain legal rights when it comes to education for themselves and their children. Expatriate students are permitted to attend both private and international schools in Jordan. These schools may offer curricula from different countries, such as the British, American, or International Baccalaureate programs. Moreover, expatriates have the right to enroll their children in public schools, although the language of instruction in public schools in Jordan is predominantly Arabic. It is advisable for expatriates to research and understand the available educational options in Jordan to ensure that their rights are upheld.

Overall, expatriates in Jordan have legal rights to access healthcare services and educational opportunities, but it is important for them to be informed about the specific regulations and requirements governing these areas to fully exercise their rights.

10. How are expatriates protected under Jordanian labor laws, including working hours, wage protection, and safety regulations?

Expatriates in Jordan are protected under the country’s labor laws, which provide certain rights and protections in terms of working hours, wage protection, and safety regulations.

1. Working Hours: According to Jordanian labor laws, the standard working hours are set at 48 hours per week, with a maximum of 8 hours per day. Overtime work is permitted, but it should not exceed 2 hours per day and 14 hours per week. Expatriates are entitled to rest periods and days off as per the labor laws.

2. Wage Protection: Expatriates are entitled to receive fair and equal wages for their work in Jordan. The labor laws stipulate that wages must be paid regularly and on time, typically on a monthly basis. Any deductions from wages must be in accordance with the law and require the expatriate’s consent.

3. Safety Regulations: Jordanian labor laws also mandate that employers provide a safe and healthy working environment for all employees, including expatriates. Employers are required to comply with safety regulations and standards to ensure the well-being of their workforce. Expatriates have the right to refuse unsafe work conditions and can report any violations to the relevant authorities.

Overall, expatriates working in Jordan are protected by the country’s labor laws, which aim to ensure fair treatment, equal opportunities, and a safe working environment for all employees, regardless of their nationality.

11. What are the procedures for expatriates to seek legal assistance in Jordan?

Expatriates in Jordan have access to various options for seeking legal assistance:
1. Private Law Firms: Expatriates can seek legal help from private law firms in Jordan. These firms are well-versed in local laws and regulations and can provide guidance on various legal matters.

2. Legal Aid Centers: There are legal aid centers in Jordan that provide free or low-cost legal assistance to those in need, including expatriates. These centers often focus on specific areas of law such as human rights, labor rights, and family law.

3. Embassy or Consulate: Expatriates can also seek assistance from their embassy or consulate in Jordan. These diplomatic missions often provide support and guidance to their citizens in legal matters and can recommend local lawyers or legal services.

4. Online Platforms: There are online platforms and legal directories that can help expatriates connect with experienced and reputable lawyers in Jordan. These platforms allow individuals to review profiles and select lawyers based on their expertise and reviews.

It is important for expatriates to research and assess the credibility and expertise of the legal professionals they choose to engage with, to ensure reliable legal representation and advice in Jordan.

12. How are disputes between expatriates and local entities resolved in Jordan?

Disputes between expatriates and local entities in Jordan are typically resolved through the judicial system in accordance with existing laws and regulations. Here is an overview of the steps involved in resolving such disputes:

1. Negotiation: The first step in resolving a dispute is often through negotiation between the expatriate and the local entity involved. This can involve discussions and attempts to reach a mutually acceptable solution without resorting to formal legal proceedings.

2. Mediation: If negotiations fail, parties can opt for mediation, where a neutral third-party mediator helps facilitate a resolution. This can be a less adversarial and more cost-effective option compared to going to court.

3. Arbitration: In some cases, parties may have agreed to arbitrate disputes in their contracts. Arbitration involves a neutral arbitrator or panel making a binding decision on the dispute, which parties are typically obligated to follow.

4. Court proceedings: If all other methods fail, the dispute may proceed to court. Expatriates in Jordan have the right to access the judicial system to seek legal redress. They can file a lawsuit in the appropriate court, present their case, and have a judge make a decision based on the evidence presented.

It is important for expatriates in Jordan to familiarize themselves with the legal framework and seek legal advice if involved in a dispute to navigate the resolution process effectively. Additionally, understanding any specific contractual clauses or dispute resolution mechanisms in place can help streamline the resolution process.

13. Can expatriates bring legal actions against employers or other parties in Jordanian courts?

Yes, expatriates in Jordan can bring legal actions against employers or other parties in Jordanian courts. The legal system in Jordan allows expatriates the same rights and access to the courts as Jordanian citizens. If an expatriate believes their rights have been violated by their employer or any other party, they have the right to file a lawsuit in the appropriate court in Jordan. However, it is important for expatriates to be aware of the legal process in Jordan and seek legal advice to understand their rights and options. Hiring a local attorney who is familiar with the Jordanian legal system can be beneficial in navigating the complexities of the legal process and ensuring a fair resolution to their case. Additionally, expatriates should be aware of any specific labor laws or regulations that may apply to their situation and seek guidance on how these laws may impact their case.

14. What are the rights of expatriates in custody and family law matters in Jordan?

Expatriates in Jordan have certain rights when it comes to custody and family law matters. These rights include:
1. Non-discrimination: Expatriates should not be discriminated against solely based on their nationality when it comes to custody and family law matters.
2. Legal representation: Expatriates have the right to legal representation during custody and family law proceedings in Jordan.
3. Language translation: Expatriates have the right to language translation services to ensure that they understand the legal proceedings and can effectively participate in their case.
4. Fair hearings: Expatriates have the right to a fair and impartial hearing when it comes to custody and family law matters in Jordan.
5. Best interests of the child: Expatriates, like Jordanian citizens, should expect the courts to prioritize the best interests of the child when making custody decisions.
6. Access to justice: Expatriates have the right to access justice and seek redress through the legal system in Jordan in family law matters.
Expatriates should be aware of these rights and seek legal advice to navigate the complex legal system in Jordan when facing custody and family law issues.

15. Are there any specific laws in Jordan regarding discrimination against expatriates?

Yes, in Jordan, there are specific laws in place to protect expatriates from discrimination. One of the key laws is the Jordanian Labor Law, which prohibits discrimination in the workplace on the basis of nationality. This means that expatriates are entitled to the same rights and protections as Jordanian citizens when it comes to employment opportunities, promotions, and working conditions. Additionally, the Jordanian Constitution guarantees equality before the law for all individuals, regardless of nationality. The government of Jordan has also made efforts to combat discrimination through various initiatives and campaigns aimed at promoting diversity and inclusivity in society. Overall, the legal framework in Jordan is designed to uphold the rights of expatriates and prevent any form of discrimination against them.

16. How do nationality and citizenship laws in Jordan affect the rights of expatriates?

Nationality and citizenship laws in Jordan play a significant role in shaping the rights of expatriates living in the country. There are several key ways in which these laws impact expatriates:

1. Residency Rights: Expatriates in Jordan are typically granted residency permits based on their employment status or other factors. Nationality and citizenship laws may restrict the type and duration of residency permits available to expatriates, affecting their ability to reside in the country legally.

2. Access to Services: Expatriates’ access to certain services, such as healthcare and education, may be influenced by their nationality or citizenship status. Some services may only be available to Jordanian citizens, while others may be accessible to expatriates with specific types of residency status.

3. Employment Opportunities: Nationality and citizenship laws can also impact expatriates’ ability to work in Jordan. Certain professions or sectors may be restricted to Jordanian citizens, limiting the employment opportunities available to expatriates.

4. Property Ownership: In some cases, nationality and citizenship laws may restrict expatriates from owning certain types of property in Jordan. This can impact expatriates’ ability to invest in real estate or establish a permanent residence in the country.

Overall, the nationality and citizenship laws in Jordan can significantly influence the rights and opportunities available to expatriates living in the country, shaping their experiences and interactions within the legal system.

17. Are there any restrictions or limitations on the rights of expatriates in terms of freedom of speech and expression in Jordan?

In Jordan, expatriates enjoy the right to freedom of speech and expression to a certain extent. However, there are certain restrictions and limitations imposed on this right, both in practice and by law. Expatriates are expected to adhere to Jordanian laws and regulations regarding speech and expression, including those related to defamation, incitement of violence, and disrespect to religious beliefs or the monarchy. Criticism of the government or the royal family is generally not well-received and could lead to legal consequences for expatriates.

1. Expatriates may face consequences if they engage in speech or expression deemed disruptive to public order or national security.
2. The government monitors social media and online activities, and expatriates should be cautious about what they post online to avoid any legal issues.
3. While expatriates are generally allowed to express their opinions within the boundaries of the law, they should be mindful of the cultural and political sensitivities in Jordan to avoid any potential backlash.

18. How are expatriates protected under Jordanian consumer protection laws?

Expatriates in Jordan are protected under consumer protection laws in several ways:

1. Equality: Jordanian consumer protection laws apply equally to all consumers, regardless of their nationality or status as expatriates.

2. Information: Expatriates are entitled to clear and accurate information about products and services, including prices, terms and conditions, and any risks associated with a purchase.

3. Redress: If expatriates encounter issues with a product or service, they have the right to seek redress through mechanisms such as refunds, replacements, or compensation.

4. Safety: Expatriates have the right to expect that products and services meet safety standards and regulations set by the Jordanian government.

5. Fair Practices: Expatriates are protected against unfair or deceptive practices by businesses, such as false advertising, fraud, or exploitation.

Overall, Jordanian consumer protection laws strive to ensure that expatriates are treated fairly and have access to legal remedies in case of any consumer rights violations.

19. What are the legal rights and protections for refugee and asylum seeker expatriates in Jordan?

Refugees and asylum seekers in Jordan are afforded certain legal rights and protections in accordance with international conventions and Jordanian law. These include:

1. Right to Non-Refoulement: Jordan is a signatory to the 1951 Refugee Convention and its 1967 Protocol, which prohibits the forcible return of refugees to a country where they may face persecution or serious harm. As such, refugees and asylum seekers in Jordan cannot be deported back to their home countries if their safety is at risk.

2. Access to Asylum Procedures: Refugee and asylum seekers have the right to seek asylum in Jordan and have their claims assessed in a fair and timely manner. The government is responsible for ensuring access to asylum procedures and providing necessary support to individuals throughout the process.

3. Right to Work: In 2016, Jordan implemented a policy that allows Syrian refugees to obtain work permits, enabling them to legally work in certain sectors of the economy. This has provided refugees with the opportunity to support themselves and their families, reducing their vulnerability.

4. Access to Education and Healthcare: Refugee children in Jordan have the right to access formal education, including primary and secondary schooling. Additionally, refugees are entitled to access healthcare services, including through Jordan’s public health system.

5. Protection from Discrimination: Refugees and asylum seekers are protected from discrimination on the basis of their status under Jordanian law. This includes protections against arbitrary arrest, detention, and harassment based on their refugee or asylum seeker status.

Overall, Jordan has made efforts to protect the legal rights of refugees and asylum seekers within its borders, in line with its international obligations.

20. How do international treaties and agreements impact the legal rights of expatriates in Jordan?

International treaties and agreements play a crucial role in shaping the legal rights of expatriates in Jordan. Here are some ways in which these international instruments impact expatriates’ legal rights:

1. Equal Treatment: International treaties often emphasize the principle of equal treatment, ensuring that expatriates are not discriminated against based on their nationality. This means that expatriates in Jordan are entitled to the same legal rights and protections as nationals.

2. Labor Rights: Many international agreements include provisions for protecting the labor rights of expatriates, such as fair working conditions, minimum wage requirements, and the right to join trade unions. These rights are then incorporated into Jordan’s legal framework to safeguard expatriates working in the country.

3. Residency and Immigration Rights: International treaties may also impact expatriates’ rights concerning residency, work permits, and immigration procedures in Jordan. These agreements can influence the policies and procedures governing the entry and stay of expatriates in the country.

4. Access to Justice: International treaties can strengthen expatriates’ access to justice by promoting mechanisms for resolving disputes and ensuring access to legal representation. These agreements may also establish avenues for seeking redress in cases of rights violations.

Overall, international treaties and agreements serve as a crucial source of protection for expatriates in Jordan, helping to ensure that their legal rights are respected and upheld in accordance with international standards.