The Impact of Worker Infectious Disease on the Employment Contract in Jordanian Legislation

Abstract

This research investigates the juridical consequences arising when employees acquire communicable illnesses and the subsequent impact on employment agreements within the framework of Jordanian law. It elucidates the legal notion of communicable disease, distinguishing its categories into transient and long-term forms, and evaluates their implications for the contractual employment relationship without treating such conditions as occupational injuries, irrespective of whether transmission occurs within or beyond the workplace environment. Furthermore, it explores the mutual entitlements and duties incumbent upon both employer and employee under such conditions. A descriptive and analytical approach is employed, grounded in a systematic review of pertinent provisions contained within Jordanian labour and civil legislation. The examination identifies a substantive legislative deficiency, as there is no dedicated regulatory regime governing communicable diseases affecting employees, nor any explicit determination of their legal consequences for employment contracts, including matters of safeguarding, indemnification, or cessation of employment. The results indicate that Jordanian labour law fails to provide explicit regulation concerning the rights of employees who contract communicable diseases under both fixed-duration and open-ended contracts. Moreover, such diseases are not classified as compensable occupational injuries, even in circumstances where a demonstrable causal connection to the workplace exists. This legislative omission generates
considerable legal ambiguity for both contracting parties and disrupts the equilibrium between safeguarding employee interests and preserving the employer’s legitimate rights. Consequently, the study advocates for legislative reform to clearly articulate the respective rights and obligations involved.