The Penal Condition in a Fixed-Term Employment Contract in Accordance with the Jordanian Labor Law and the Provisions of the Jordanian Court of Cassation


  •  Ibrahim Saleh Al-Sarayra    
  •  Alaa Mohammed Al-Fawair    

Abstract

The employer shall enter into a penal condition such as an agreement compensation in fixed-term employment contracts, so that the worker shall not leave the work without any of the cases permitted by section 29 of the Jordanian Labor Law No. 8 of 1996 and its amendments.

The Jordanian legislator dealt with the case of leaving the worker for a fixed term contract in article 26 (b), which stipulates that the employer is entitled to compensation equivalent to half a month's wages for each month of the remaining period, provided that the employer proves that he was harmed, But not exceeding that amount.

By applying the penalty clause in fixed-term employment contracts, an owner has been able to analyze the evidence of the damage and the amount of the compensation is negligible.

We concluded by concluding with the conclusions and recommendations, the most important of which is that the penal clause in fixed-term employment contracts is contrary to the general protective regime of workers' rights.



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