المادة 23 من قانون العمل الأردني 2026 إنهاء عقد العمل غير محدد المدة وصياغة كتاب إنهاء الخدمات بشكل صحيح
- Tarik Arida
- 29 مارس
- 5 دقيقة قراءة
تاريخ التحديث: 19 أبريل
# Understanding Article 23 of the Jordanian Labor Law: A Comprehensive Guide
## Introduction
Article 23 of the Jordanian Labor Law is a crucial provision that governs the termination of indefinite employment contracts. This applies to both employers and employees. However, many employers make mistakes when applying this article, particularly in drafting termination letters. Such errors can lead to the termination being deemed arbitrary, resulting in compensation claims.
In this guide, we explain:
When termination of the contract is legal
When it turns into arbitrary dismissal
How to correctly write a termination letter
Key rulings from the Jordanian Court of Cassation
📞 We provide legal consultations for companies and individuals regarding termination of employment and contract termination.
Text of Article 23 of the Jordanian Labor Law:
(A) If either party wishes to terminate an indefinite employment contract, they must notify the other party in writing at least one month in advance. The notice cannot be withdrawn without the consent of both parties.
(B) The employment contract remains in effect during the notice period, and the notice period is considered part of the service duration.
(C) If the notice is given by the employer, they may exempt the employee from work during this period, except for the last seven days, and the employee is entitled to their salary for the entire notice period.
(D) If the notice is given by the employee and they leave before the notice period expires, they are not entitled to salary for the period they left and must compensate the employer for that period equivalent to their salary.
Simplified Explanation of Article 23
Either party may terminate the contract.
They must notify the other party in writing at least one month in advance.
The contract remains in effect during the notice period.
The employee is entitled to their full salary during this period.
This means that while the law allows for termination, it does not leave the matter without regulations.
Important Note: Article 23 Does Not Apply to Fixed-Term Contracts
Article 23 applies only to indefinite contracts.
Terminating a fixed-term contract before its expiration may lead to full compensation.
This is a common mistake among many companies.
When is Termination of the Contract Legal?
Termination is legal if:
The employee is notified in writing at least one month in advance.
The notice period is adhered to.
There is no arbitrariness or bad faith involved.
The Jordanian Court of Cassation has confirmed that an indefinite employment contract is not eternal and can be terminated, provided that Article 23 is followed.
When Does Termination Become Arbitrary Dismissal?
Even with notice, termination may be considered arbitrary if:
It violates the provisions of Article 23 of the Jordanian Labor Law.
The intent is to harm the employee.
In this case, the company is obligated to pay compensation.
How to Write a Termination Letter According to Article 23 (A Very Sensitive Point)
The termination letter must include:
A clear date for the termination letter.
A statement that the termination is in accordance with Article 23.
Specification of the notice period (at least one month, ensuring the employee is exempt from work for the last seven days of the notice period).
Signature of the authorized party.
❌ Common Mistakes (Leading to Legal Issues):
Immediate termination without notice.
Ambiguous or unclear wording, or justifying the termination in a way that contradicts Article 23 of the Labor Law.
Failing to exempt the employee from work for at least the last seven days of the notice period.
Not specifying the notice period.
Contradictory reasons.
Using phrases that may imply arbitrariness.
These mistakes can be used against the employer in court.
Importance of Rulings from the Court of Cassation on This Matter
Judicial rulings have established that:
Termination of the contract is legally permissible.
However, it is subject to court oversight.
It must be done in good faith.
The Court of Cassation has confirmed that termination carried out in accordance with Article 23 and with proper notice is not considered arbitrary dismissal.
Here are some key rulings from the Court of Cassation:
Jordanian Court of Cassation Decision No. 7502/2022 dated 22/2/2023 (Published by Qararak):
"...Since the indefinite employment contract was terminated after the employer notified the employee one month in advance, they have exercised a right granted by law to terminate the indefinite employment contract, as it is not an eternal contract. Thus, the termination is justified and not arbitrary..."
Jordanian Court of Cassation Decision No. 3838/2023 dated 2/7/2023 (Published by Adalah):
"...Since the employment contract is a reciprocal agreement and a contract of duration, the duration is a fundamental element. It is not an eternal contract, and either the employer or the employee may terminate it, provided that such termination complies with the law..."
Jordanian Court of Cassation Decision No. 1828/2020 dated 30/6/2020 (Published by Adalah Center):
"...Each party to the contract may terminate it under certain conditions, which are obligatory for both the employee and the employer. The notice must be given one month prior to termination..."
Jordanian Court of Cassation Decision No. 4206/2020 dated 4/5/2021 (Published by Qararak):
"...According to Article 807 of the Civil Code, if the duration is not specified in the contract, either party may terminate it at any time, provided they notify the other party within the time limits specified in the relevant laws..."
General Assembly Decision (Jordanian Court of Cassation) No. 3034/2019 dated 12/3/2020:
"...It is understood from the provisions of Articles 23, 24, and 27 of the Labor Law that an indefinite employment contract is not eternal. The legislator has allowed its termination based on the desire of either party, emphasizing the principle of mutual consent in employment contracts and the necessity of good faith..."
What is the Compensation for Arbitrary Dismissal of an Indefinite Contract?
If arbitrariness is proven, compensation may include:
Notice pay.
Compensation for arbitrary dismissal equivalent to half a month for each year, with a minimum of two months.
Other entitlements such as unpaid salary, overtime pay, and end-of-service benefits.
📞 When Do You Need a Lawyer?
For Companies:
Before terminating any employee's services.
When drafting a termination letter.
To avoid any legal liabilities.
For Individuals:
When your employment contract is terminated.
If you have not been notified.
If you suspect arbitrariness.
Are You Considering Terminating an Employee's Contract or Has Your Contract Been Terminated?
Contact us now for precise legal advice and to avoid any legal risks.
Frequently Asked Questions About Article 23 of the Jordanian Labor Law
Is notice sufficient to avoid compensation?
Not always. The termination may be considered arbitrary depending on the circumstances. Although Article 23 requires notice, termination may still be deemed arbitrary if done in bad faith or contrary to the law, leading to compensation.
Must the reason for termination be stated?
It is not mandatory in all cases. However, in practice, the wording of the termination letter can significantly affect how the court evaluates the legality of the termination.
Can the contract be terminated immediately?
Generally, immediate termination without notice is not permitted, except in specific cases outlined by the Labor Law, such as those mentioned in Article 28 of the Jordanian Labor Law.
Does Article 23 apply to all employment contracts?
No, it applies only to indefinite employment contracts and cannot be applied to fixed-term contracts.
Is the wording of the termination letter important?
The wording of the termination letter is one of the most critical factors affecting labor disputes. Any error or ambiguity in the wording may lead to the termination being considered arbitrary dismissal.
If you are interested in learning more about your labor rights or the procedures for terminating an employment contract in Jordan, you can explore the following topics:
📞 Has your employment contract been terminated or are you considering terminating an employee's services? Get an accurate legal assessment of your situation to avoid any risks or compensation claims.
⚖️ We provide legal consultations for companies and individuals regarding termination of employment and contract termination, as well as drafting termination letters correctly.