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Forced Migration in the OIC Member Countries:

Policy Framework Adopted by Host Countries

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Employment

The ability to earn a living is crucial to refugees’ socioeconomic status in a host country. While

the legal framework exists in Jordan to permit most refugees to work legally, few have

successfully obtained permission to do so due to prohibitive costs, regulatory barriers, and

hesitation by employers to sponsor refugees for permits. Instead, many refugees work

informally—often in low-paid, low-skilled jobs—and remain vulnerable to poverty as well as

exploitation by unscrupulous employers.

Under the MoU with UNHCR, the Jordanian government commits to provide access to work to

refugees legally residing in Jordan "whenever the laws and regulations permit."

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The right to

work for refugees is thus not unlimited and is subject to regulation by Jordanian authorities.

Generally, foreign nationals in Jordan must obtain a permit to work legally, and employers of

foreign nationals are required to pay an annual fee. Work permits are valid for one year and

subject to additional fees upon renewal. Moreover, there are restrictions on the type of work

non-nationals can perform.

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As of March 2015, the restricted jobs list specified at least 16

professions, including engineers, teachers, and service and clerical jobs that were closed to

non-nationals.

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For refugees, actually obtaining a work permit is extremely difficult.

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The process to apply

for and renew work permits is lengthy, complex, and expensive. Refugees must provide a copy

of their passport, a certificate of health (which costs JD 20 or USD 28 to obtain), a vocational

training certificate where relevant, and an annual employment contract. In conjunction,

employers must submit their business registration, vocational license, a bank guarantee (to

confirm the employer will be able to fulfill their payment obligations to the worker), and a

form from the Ministry of Labor. Applications for a work permit cost between JD 170 (USD

240) and JD 370 (USD 521).

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Even if refugees are able to assemble the relevant

documentation and obtain the support of an employer, a work permit is not guaranteed.

Applications must be reviewed by both the Ministry of the Interior and the Ministry of Labor.

The costs of obtaining a work permit can be prohibitive for many refugees. Although permit

fees should legally be paid by the employer, in practice businesses often require workers to

cover the fee.

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Along with high costs, the documentation requirements may also prove to be

a barrier, as refugees often travel without identity documents or on fraudulent documents,

and may not have access to vocational certifications or diplomas. Employers also perceive the

application process and documentation requirements to be cumbersome, particularly for the

low-skilled jobs in which many refugees are employed.

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In practice, few refugees have obtained work permits: only 5,700 Syrians had permits as of

June 2015, according to the Ministry of Labor.

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Despite not having access to work permits,

an estimated 52 percent of adult Syrian men are economically active, and as many as 200,000

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Article 8, Jordan-UNHCR MoU.

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Access to work for foreigners is regulated under the 1996 Labor Law, Article 12(b).

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International Labour Organization,

Access to work for Syrian refugees in Jordan: A discussion paper on labour and refugee

laws and policies,

(Beirut: ILO regional Office for Arab States, 2015),

http://www.ilo.org/beirut/publications/WCMS_357950/lang--en/index.htm

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ARDD-Legal Aid,

Refugees’ Work Permits Situation in Jordan

, (Amman, Jordan: ARDD-Legal Aid, 2011).

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ILO,

Access to work for Syrian refugees in Jordan

209

ILO,

Access to work for Syrian refugees in Jordan

210

ILO,

Access to work for Syrian refugees in Jordan

211

ILO,

Access to work for Syrian refugees in Jordan

; ARDD-Legal Aid,

Putting Needs Over Nationalities