Remote work has become a prevalent form of flexible employment, emerging as a natural outcome of the ongoing industrial and technological revolution. In today’s fast-paced world, traditional working conditions and methods are often insufficient to keep pace with rapid developments. The labour market increasingly demands innovative approaches that enhance worker productivity and optimize capital flow.

As such, it is imperative to implement flexible solutions that adapt to varying circumstances and manage the evolving business environment. Modern technology has facilitated the adoption of remote work systems, allowing employees to work without the constraints of specific working hours or the need to be physically present in traditional office settings. This flexibility extends across borders, enabling workers to operate from different countries while fulfilling their professional duties remotely.

I. The Concept of a Remote Work Contract

The Jordanian legislator has addressed the concept of a remote work contract within the broader framework of employment contracts, as delineated in Article 2 of the Jordanian Labour Law. The law defines an employment contract as “an explicit or implicit, verbal or written agreement whereby the worker undertakes to work for the employer and under his supervision or management in exchange for a wage, and the employment contract shall be for a limited or unlimited period or for a specific or non-specific work.” Additionally, Article 805/1 of the Jordanian Civil Law further elaborates by stating: “An employment contract is a contract in which one party undertakes to perform work for the benefit of the other under his supervision, management, and direction in exchange for a wage.”

In 2017, the Jordanian legislator introduced the Flexible Work Regulation No. 22, which came into prominence during the COVID-19 pandemic. This regulation initially addressed flexible work arrangements in general, without explicitly defining remote work, which is one of the forms of flexible work. The regulation was amended in 2024, clarifying in Article 2 that a flexible work contract is a “written agreement whereby the worker undertakes to work for an employer within one of the forms of flexible work specified in this regulation and under the supervision, management, and direction of the employer in exchange for wage.”

Furthermore, the law defines remote work as “work that a worker performs for a wage outside the locations designated for work.” Therefore, a remote work contract can be defined as a legal agreement between an employer and a worker wherein the worker agrees to perform specific duties without being bound by traditional working hours or the requirement of physical presence at the workplace, in exchange for an agreed-upon wage.

II. Characteristics of the Remote Work Contract

The remote work contract is distinguished by several characteristics that set it apart from traditional employment contracts:

1. Execution of Work Outside the Workplace: In a remote work arrangement, the worker performs their duties in various locations, such as at home, in a café, or other settings outside the employer’s premises. The key criterion is the completion of work tasks, often facilitated by the exchange of files and digital communication.
   
2. Utilization of Information and Communication Technology (ICT): A defining feature of remote work is the reliance on ICT tools. Workers utilize technology such as websites, email, the Internet, and mobile devices to fulfill their responsibilities. The term “information technology” has been employed by the Jordanian legislator in various legal contexts, such as in the Electronic Transactions Law No. 15 of the year 2015, which defines electronic transactions as “transactions carried out by electronic means.”
   
3. Cost-Effectiveness of Remote Work: Remote work is economically advantageous, reducing costs for employers associated with providing physical workspaces, meals, heating, and transportation. This cost efficiency contributes to a more sustainable and productive work environment.

III. Forms of Remote Work Contracts

Remote work contracts can take various forms, and due to their diverse nature, it is challenging to categorize all possible types definitively. However, certain forms of remote work are more common, particularly where traditional work settings are impractical. These forms include work from home, work in business service centers, mobile remote work, and work under emergency circumstances.

1. Remote Work at Home:

Working from home is one of the earliest and most widespread forms of remote work. It involves the employee performing work tasks from their residence, using modern communication tools to collaborate with the employer. A designated area within the home is typically equipped to meet the requirements of the job, with the employer often covering or compensating for any necessary expenses. This form of work offers significant flexibility, reducing workplace stress and contributing to the reduction of unemployment by broadening employment opportunities.

While neither Jordanian nor Egyptian legislators have specifically defined work from home in their labour laws or regulations, French jurisprudence has recognized this form of employment as an activity conducted outside the employer’s premises using a computer, primarily to improve the quality of personal and professional life.

Work from home establishes a legal relationship between the employee and the employer, with the work being performed outside the organization’s premises using ICT tools. It is applicable to various job roles, ranging from executives and professionals to administrative tasks. The scope of work may vary from full-time to part-time, and from working predominantly at home to occasionally visiting the traditional workplace. Jurisprudence often distinguishes between “work at home,” which may not necessarily involve ICT, and “remote work at home,” which is explicitly dependent on technology, with the key distinction lying in the nature of the supervisory relationship.

2. Work in Business Service Centers, Mobile Remote Work, and Emergency Remote Work:

Business Service Centers: Employers may establish remote communication centers near the worker’s residence, equipped with modern communication devices, allowing employees to stay connected with their employer while performing their duties. This type of arrangement is particularly common in rural areas lacking advanced communication infrastructure. These centers vary in form, including:

• Neighborhood Centers: Shared electronic facilities used by multiple local community members.
  
• Electronic Headquarters: Service centers offering immediate access to ICT, often located in rural or semi-rural areas.
  
• Satellite Offices: Separate units geographically distant from the company’s main office, yet maintaining continuous electronic communication, typically situated close to the employee’s home.
  
• Call Centers: Facilities where operators manage calls using integrated communication systems, providing services such as telemarketing.

Remote Work Across Borders: This form of remote work occurs when the worker and employer are located in different countries, often neighboring ones, where geographical borders separate them.

Mobile Remote Work: Mobile remote work involves employees performing their duties from various locations, such as at home, in a car, on a train, or in a hotel. This type of work lacks constant supervision, with the employee’s performance being evaluated based on completed tasks rather than their physical presence. Mobile remote work is widely practiced, second only to work from home. It underscores the irrelevance of physical location in virtual workplaces, where the primary workspace is the digital communication network.

Emergency Remote Work: This category applies in extraordinary circumstances that prevent workers from accessing their usual workplace, such as during a pandemic, civil unrest, natural disasters, or severe weather conditions. In such cases, employees may perform their duties remotely on an irregular basis, without strict adherence to predetermined working hours or specific job roles as mandated by the employer.