Jordan Read Defense Order No. (6)

Arab Weather - Prime Minister and Minister of Defense Dr. Omar Al-Razzaz issued Defense Order No. (6) for the year 2020

It came

Issued in accordance with the Defense Law No. (13) of 1992

Whereas, the main objective of the curfew is to protect the lives and health of Jordanians, and to make possible efforts to take the necessary measures to reduce the negative economic impacts on operators, private sector companies and employees, and for the purposes of enabling the economy to recover after the end of the current crisis, while studying the possibility of gradual opening and operation Economic sectors, according to public health and safety regulations and national priorities, decided to issue the following defense order: -
First: A - All workers in private sector institutions and establishments or any other entity subject to the Labor Law are entitled to their usual wages for the period from 3/18/2020 to 3/31/2020, provided that none of the workers in the sectors excluded from the cabinet decision By deactivating an additional fee for their work during that period, unless they are assigned to work overtime in accordance with the provisions of Article (59) of Labor Law No. (8) for the year 1996.
B - For the purposes of the works of Paragraph (A) of this Clause, paragraph (B) of Article (59) of Labor Law No. (8) for the year 1996 shall be suspended in relation to legal provisions related to work on official holidays only.

Second: A - The sectors, institutions or establishments that are excluded from the private sector or from any other entity subject to the Labor Law are determined from the decision to suspend and that will be authorized to work after obtaining approval from the Minister of Industry, Trade and Supply and the Minister of Labor and Health and the competent minister collectively.
B - For the purposes of the works of Paragraph (A) of this item, he authorizes the Ministers of Labor, Industry, Trade, Supply and Health to define the basis, procedures and conditions for obtaining approval according to instructions issued by them collectively for this purpose.

Third: - To facilitate the mechanisms of work "remotely" in whole or in part and to enable the economic sectors in these circumstances to carry out their economic activities and continue their production, he decided the following: -
A - For private sector establishments and establishments, and any other entity subject to its activities "remotely" in whole or in part.
B - The provisions of Articles (3), (5), (8), (10) and (12) of Flexible Labor Law No. (22) of 2017 shall be suspended for the purposes of implementing paragraph (a) of this clause.
C - The Minister of Labor is authorized to take the necessary measures and measures to organize flexible work "remotely" according to instructions issued for this purpose.

Fourth: - As of 1/4/2020, the wages of workers in private sector establishments and establishments and in any other body subject to the Labor Law are determined as follows:
A - Workers who perform their work in the workplace deserve their full wages, provided that it is permissible to agree on the will of the free worker to reduce his wages, provided that the amount of the reduction does not exceed 30% of the usual wage of the worker and that this option is not used unless the reduction includes the salaries of the higher management of the establishment .
B - Workers who perform their work "totally" remotely in the institutions and establishments authorized to work or those covered by the decision to disable or not authorized to work fully pay their wages, and workers "remotely" partially deserve the authorized establishments and facilities or Those covered by the decision to deactivate and are not authorized to work their wages according to the actual hours of work and not less than the minimum specified for one hour's wages, or according to the wages stipulated in Paragraph (e) of this clause, whichever is higher.
C - The workers stipulated in Paragraphs (A) and (B) of this Clause who are assigned to work overtime are entitled to additional pay in accordance with the provisions of Paragraph (A) of Article (59) of Labor Law No. (8) of 1996 only.
D- For the purposes of the works of Paragraphs (A) and (B) of this Clause, Paragraph (B) of Article (59) of Labor Law No. (8) of 1996 in relation to legal provisions related to work shall be suspended on official holidays only.
E - The employer in the establishments and establishments authorized to work part-time for workers who are not assigned to work or those covered by the decision to disable and not authorized to work, submit an application to the Minister of Labor to allow him to pay at least 50% of the value of the normal wage for these workers, provided that it does not fall The wages that workers receive for the minimum wage.

F - The foundations and conditions according to which employers are allowed to pay a minimum of 50% of the value of the original wage are determined according to instructions issued by the Minister of Labor for this purpose.
H - The provisions of Article (50) of Labor Law No. (8) of 1996 shall be suspended for the purposes of implementing paragraphs (e) and (f) of this clause.

Fifth: - An employer who is unable to pay wages as mentioned in Clause (IV) above in private sector institutions and establishments and any other body subject to the Labor Law and authorized to work, or from those covered by the decision to disable and is not authorized to work submit an application to a joint committee formed by all One of the Ministers of Industry, Trade, and Supply and Labor to completely stop work at his institution or facility
And to stop work contracts for all workers, and the employer must take no action in this regard except after obtaining the approval of that committee, and to attach to the request a statement showing the names of workers, the nature and form of their contract, duration, hours of work and the amount of their wages according to what is registered in the Social Security Corporation, The issuance of the decision approving the suspension shall result in the following: -
A- The employer whose work was completely suspended in his establishment is not permitted to perform any work or any activity during the suspension period.
B - The contractual relationship between the employer and the worker is not interrupted during the suspension period, and the employer is not obligated to pay the worker’s wages during this period.
C- The period of suspension of work is not calculated from the period of the employment contract.
D - All financial and contractual obligations incurred by the employer remain valid during the suspension period, with the exception of the employees' wages.
E- The employer in private sector establishments and establishments, and any entity subject to the Labor Law, shall not benefit from those authorized to work from any economic protection programs for the private sector from the date of suspension.
F- A signal to prevent the disposal of movable and immovable property belonging to the establishment shall be made during the suspension period by a decision of the committee.

Sixth: - A- Taking into consideration what is mentioned in Paragraph (e) of Clause Five above, the employer in private sector institutions and establishments and any entity subject to the Labor Law and covered by the decision to disable and not authorized to work, has the right to benefit from economic protection programs in accordance with the conditions established for each of them.
B - The government works to grant incentive incentives to employers who are committed to paying workers' wages in full from the start of the Defense Law until the end of its implementation, in addition to benefiting from economic protection programs in accordance with the conditions set for each of them.

Seventh: - In light of its capabilities, the government seeks to provide the necessary support to secure the basic life needs of Jordanian daily workers who are not involved in social security, provided that they participate in social security according to a mechanism to be determined later.
Eighth: - A- The employer may not exert pressure on the worker to compel him to resign, end his services or dismiss him from work except in accordance with the provisions of paragraphs (c) and (d) of Article (21) and paragraphs (a, g, h, i) From Article (28) of Labor Law No. (8) of 1996.
B- For the purposes of implementing paragraph (a) of this clause, Article (23) and the provisions of paragraphs (b, c, d, e, and f) of Article (28) of Labor Law No. (8) of 1996 shall be suspended and the Minister of Labor authorized to take measures and measures. Necessary to implement paragraph (e) thereof.
C- Every employer has forced any employee to resign, terminated his services or dismissed him from work in cases other than those stipulated in Paragraph (A) of this clause and during the period from the date of 3/18/2020 until the date of the issuance of Defense Order No. (6) for the year 2020, by returning them to work within a week of the date the matter was published in the Official Gazette.

Ninth: Every undertaking, agreement or document in which the worker assigns any of his rights or leads to a derogation from those rights since the date of 3/18/2020 is considered invalid and is not legally recognized, and the employer must take the necessary measures to cancel it within a week from the date of publishing the defense order In the official newspaper.
Tenth: A- The defense order and the instructions issued pursuant thereto shall be reviewed on a monthly basis, or whenever the interest requires it, according to reports issued by the Prime Minister for this purpose.
B - The foundations and conditions for the employer to benefit from each economic protection program are determined by the competent official authority, according to instructions issued for this purpose.
C- The Prime Minister issues the necessary communications and orders to implement what came with this defense order.

Eleventh: A- Any person who violates any of the procedures for obtaining the approval referred to in Clause (Second) of this defense order shall be punished by closing the violating establishment for a period of sixty days.
B - Anyone who violates any other provision of this defense order and the communications issued by the Prime Minister or the ministers charged with pursuant thereto shall be punished with imprisonment for a period of three years and a fine of three thousand dinars.
C- The penalties stipulated in this defense order do not prevent the worker from claiming his labor rights in accordance with the provisions of Labor Law No. (8) for the year. 1996.