Validity of Probation Requirement in a Fixed-term Employment Contract under the Jordanian Labour Law

Abstract

This study looks at the validity of the probation clause in fixed-term employment contracts and the extent to which this clause is compatible with the general rules in the Jordanian labour law particularly applying the clause in practice has proven difficult. As an employer may use this clause to terminate an employee during the probationary period without reason and does not bear the end of service gratuity or termination allowance. This highlights the need to regulate such a clause in a way that protects the rights of employees. The study is divided into two sections. While Section 1 looks at the general provisions of the probation clause, Section 2 discusses issues to consider in introducing a probation clause in a fixed-term employment Agreement. The study provides an analysis of the clause of Article (35) of the Jordanian Labour Law, taking into consideration the judicial rulings issued by the Jordanian Court of Cassation, with a statement of the position of Jordanian jurisprudence on the provisions of this clause. The study concludes that Article (35) of the Jordanian Labour Law fails to regulate the provisions of this clause, and this emphasises the importance of amending the article above to protect the employees from any unfair probation clause in the future.

Keywords

• employee
• employer
• job contract
• expiry of the employment contract