Duration of Labor Cases in Jordan: Stages of the Lawsuit and What Affects It

Duration of Labor Cases in Jordan: Stages of the Lawsuit and What Affects It

Rashed Alabwini - Attorney (Regular and Sharia Courts)
By: Rashed Alabwini Attorney (Regular and Sharia Courts)

The question "how long does a labor case take" is not procedural curiosity. It is usually the question on which an employee's decision to file a lawsuit or not depends, because someone who has lost their source of income counts time the same way they count money. The Jordanian Labour Law No. 8 of 1996 and its amendments treated labor disputes as files that call for urgency for precisely this reason. Yet practice shows wide variation between files that are similar in subject and far apart in duration, and this variation stems not from the law but from how the file is managed, which makes choosing a lawyer who specializes in labor cases a decision that affects the duration itself, not only the outcome.

1. Why There Is No Single Answer on Duration

Any party that gives a definitive figure for the duration of a labor case is either oversimplifying the matter or selling a promise. Duration is not a fixed property of the lawsuit; it is the result of the interaction of a number of variables whose presence differs from one file to another.

A lawsuit in which the employer acknowledges the employment relationship and disputes only the amount follows an entirely different path from a lawsuit in which the very existence of the relationship is denied, or in which procedural defenses are raised, or in which an accounting expert examination is needed. The difference between these two files is not a difference in the law but in the number of issues the court must decide before it reaches judgment.

This is the right way into the question: the duration of a lawsuit is a function of the number of sub-disputes within it, and every sub-dispute that is raised or avoided is a decision made in managing the file.

2. The Stages of a Labor Lawsuit

A labor dispute usually passes through successive stages, the length of each of which differs greatly depending on the file:

The pre-lawsuit stage. In it the file is assessed, the claims are defined and the prospects of settlement are studied. It is the stage in which the greatest amount of time is either saved or wasted, because the characterization of the claim built in it stays with the file until its end.

The stage of hearing the lawsuit before the trial court. In it pleadings are exchanged, evidence is submitted and the defenses raised are decided. It is usually the longest stage, and what most lengthens it is not the court but what is raised before it.

The expert examination stage, where required. Not every lawsuit needs it. When the dispute concerns the calculation of entitlements accrued over a long period or disputed wage records, the matter may be referred to an expert examination, and this adds to the duration as much as it adds to accuracy.

The challenge stage. This is the stage most employees overlook when estimating duration. The judgment issued by the trial court may not be the end of the road if the opposing party challenges it, and calculating the duration on the basis of the first judgment alone is an incomplete estimate.

The enforcement stage. The file does not end when the judgment is issued but when what was awarded is collected, and this stage may be longer than the lawsuit itself if it is not planned for early.

3. What Lengthens the Lawsuit and What Shortens It

The following table shows the variables around which the difference in duration between one file and another revolves:

Factor What shortens the duration What lengthens it
Documentation of the employment relationship A relationship established by documents that cannot be denied Denial of the relationship itself or of its duration
Scope of the claim A specific, well-defined claim Multiple claims with overlapping grounds
Defenses raised A dispute over the amount alone Successive procedural and substantive defenses
Need for an expert examination A clear calculation that needs no expert Referral to an expert examination and responses to its report
Service on the opposing party A known address and regular attendance Inability to serve or repeated absence
The employer's position Willingness to settle Litigating to the last level of court
Readiness of the file at filing Complete evidence from the outset Completing the evidence along the way

The last row is where the biggest difference lies in practice. A file filed before its assessment is complete spends in court the time that should have been spent before it, with one essential difference: what is corrected before filing is corrected at no cost, and what is corrected after it is corrected at the expense of time and in front of an opponent who is watching.

4. The Factors That Prolong a Case Are Managed by the Lawyer, Not the Court

If the previous table is looked at a second time, it becomes clear that what most prolongs a lawsuit is not slowness in the judiciary but choices made within the file.

Defining the claims and confining them to what can be proven, avoiding raising matters that call for a lengthy response with no return, judging whether an expert examination is a necessity or a burden, reading the opponent's position early to know whether they are stalling or negotiating, and preparing for the enforcement stage before the judgment is issued rather than after it. These are all professional decisions made at their proper points, and their cumulative effect on duration is greater than that of any external factor.

The other side of this matter is that an error in these decisions does not show its effect immediately. A file built on a broad, unsupported claim looks stronger at the outset, then is exposed midway, and its owner pays the price for that in both time and outcome. Determining what to claim and what to leave out is itself a legal point that merits consultation before the lawsuit is filed, not after amending the claim has become costly.

Practical note: The figures circulating about the duration of labor cases in Jordan are often taken from individual experiences that are not a reliable indicator, because files differ in the number of disputed issues to an extent that makes comparing them meaningless. The lawyer estimates the expected range after reviewing the documents and the employer's position, a point settled by reviewing the file or by consulting a specialist lawyer before deciding to file.

5. Why Duration Is a Bargaining Chip, Not Merely a Nuisance

Time in a labor dispute is not neutral between the two parties, and this is a point many employees overlook.

An employee who has lost their income bears the pressure of time more than an employer whose business continues. Some defendants realize this and treat delay as a pressure tool to reach a settlement for less than what is owed. Hence speed of resolution is not a procedural convenience but an element in the balance of power.

On the other hand, the employee's haste may also be used against them when they accept a hasty settlement or sign a release that closes the door on them. Balancing the wish for a quick resolution against preserving the right in full is the essence of what the lawyer manages in these files, and we have set out the rights at stake in the claim in the article Employee Rights upon Termination of the Employment Contract.

Do not sign any release or discharge of liability before presenting it to a lawyer, however tempting the amount offered may seem against a long wait, because the effect of signing extends to claims that may not have even crossed your mind.

6. Files That Take Long Because Their Subject Makes Them Long

Some claims carry within their nature what makes them longer than others, regardless of how well they are managed.

A dispute concerning the lawfulness of the termination of service requires an inquiry into the facts of the termination, its reasons and the justifications put forward, which is a broader inquiry than merely calculating an amount owed, and we have addressed this subject in Unfair Dismissal under the Jordanian Labour Law. Claims concerning the calculation of specific entitlements, on the other hand, are closer to resolution once the basis on which they are calculated is settled, as is the case with End-of-Service Gratuity under Jordanian Law.

When the two claims come together in one file, which is the usual case, setting priorities between them and determining what is submitted and what is deferred becomes a decision with a direct effect on the overall duration.

The picture also has another side, in which the employer sees the same file with entirely different calculations, which we addressed in Labor Claims from the Employer's Side, and knowing the calculations of the opposing party is part of estimating the expected duration of the dispute.

7. Frequently Asked Questions

How long does a labor case take in Jordan?

There is no typical duration. The duration varies widely depending on whether the employment relationship itself is disputed, the number of claims and how they overlap, the defenses the employer raises, the need to refer the calculation to an expert examination, and whether the judgment is challenged. An estimate of the expected range is only sound after reviewing the documents in the file.

Are labor cases faster than other cases?

The legislature treated labor disputes in a way that takes account of their nature and the employee's position, which is reflected in how they are handled compared with other civil disputes. But that does not make them immune to delay when the disputed issues within them multiply.

Does the file end when the judgment is issued in the employee's favor?

Not necessarily. The judgment may be challenged, and after that there remains the collection of the amount awarded, a stage in its own right that may take time if the opponent's solvency and position were not studied early.

Can a labor case be sped up?

A lawsuit is not sped up by asking, but by reducing what calls for examination within it: confining the claims to what can be proven, having the evidence complete at filing, and avoiding raising matters with no return. These are decisions made before filing and as the case proceeds.

Do labor rights lapse with the passage of time?

The law attaches consequences to the passage of time in labor claims, and these consequences differ according to the type of claim, the date it arose and whether the running of time was interrupted by a procedural step. For this reason, delay in presenting the file may cost the right itself, not just time.

Do I need a lawyer in a labor case, or can I pursue it myself?

The variables that determine both the outcome and the duration are professional decisions: characterizing the claim, defining its scope, managing the defenses, and dealing with the expert examination, the challenge and enforcement. These do not become apparent to a non-specialist until the time to correct them has passed.

What if the employer denies that an employment relationship existed at all?

This is one of the situations that most prolongs a file, because it adds a dispute that comes before the claim itself. The structure of the file changes completely in this case, since proving the relationship comes before everything else.

Legal Consultation

Labor cases bring together a party under pressure from time and a party able to bear it, and this alone makes managing time in them part of defending the right, not merely a procedural detail: on the employee's side, a long wait may lead to accepting a settlement for less than what is owed or to signing a release that closes the door to the claim; and on the employer's side, misjudging the position may lead to a file that drags on for years and could have been resolved early at lower cost. Because what most prolongs these files are decisions made before filing, not after it, early assessment is the shortest path to resolution. For specialist legal consultation in labor and employment cases, or to read our related articles on labor cases under the Labour Law and Unfair Dismissal under the Jordanian Labour Law, you can contact Alabwini Law Firm.

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