إنهاء عقد العمل وانتهاؤه في قانون العمل الفلسطيني: دراسة مقارنة

Abstract

This study aims at understanding the expiration and termination of both definite and indefinite work contracts within the Palestinian Labor Law No. 7 of 2000 in comparison with the Amended Jordanian Labor Law No. 8 of 1996. The importance of this matter lies in distinguishing between the two types of contracts, in terms of the applicability of cases that the law determined for expiry or termination on either both types or only on one of them. The research discusses that the employer may terminate the contract unilaterally, in specific cases, where the violation is done by the worker, and in case of economic or technical reasons that justify termination by the employer. From another side, the law gives a similar, yet differentiated, power to the employee to end the contract from their side in case the employer violates the work contract or the Labor Law, whether it is a definite or indefinite contract. The study focuses on the specific provisions related to the termination of indefinite work contracts, without a fixed-term contract, namely termination notice, and compensation of unfair dismissal. It also discusses the different cases of contract expiration in case of an employee’s death and closure of the business. This research came-up with several conclusions, the most important of which is that in terms of labor contract unilateral termination, whether it is initiated by the employer or the employee, the Palestinian legislature has not explicitly mentioned the type of contract that is subject to the mentioned Palestinian Labor Law. This conclusion also applies to the labor contract expiration cases.