أثر تغير صاحب العمل على عقود العمل و الحقوق العمالية التي نشأت قبل انتقال ملكية المشروع

الملخص EN

Transferring the ownership of the entity from the old employer to a new employer has legal effects stipulated by the Jordanian regulator in the Labor Law.

Most important is that the employment contract shall remain valid and the obligations in it shall remain in spite of changing the employer.

The Jordanian regulator established the joint liability of the old employer and the new employer towards such obligations.

In regulating the labor relations in the Jordanian legislation, in particular, the devolvement of the entity ownership from the predecessor to the successor, whether private or public successor, it is noticed that while the Jordanian regulator derived the succession rules for the public successor from the Islamic rules, the judging in Jordan violated these rules and adopted the judging of France where the French Civil Law doesn’t address this issue.

The judging of Jordan mixed between these two concepts without considering the rules that judge the devolvement of the entity ownership from the predecessor to the successor and the resulting effects.

We tried in the search to define the effects of the entity ownership devolvement from the predecessor to the successor, the public and private, in accordance with the Islamic Law and the positive law.