تحقيق التوازن في إنهاء عقد العمل للأسباب الفنية والاقتصادية: دراسة مقارنة بين القانونين الفلسطيني والبريطاني

Abstract

This study discusses employment contract termination due to technical or economic reasons. It aims to establish the necessary criteria for employers when ending contracts, ensuring their right to take appropriate administrative actions, such as downsizing the workforce in the face of technological challenges or financial losses that may threaten the permanence of the establishment. At the same time, it aims to protect employees' rights against arbitrary decisions by employers when making such actions. The study applied a comparative method to analyse the terms and constraints imposed by Palestinian and British employment laws regarding an employer’s right to terminate contracts for technical or economic reasons. It evaluates their ability to strike a balance between employees’ rights and the interests of employers and endeavours to enhance the mechanisms and conditions outlined in Palestinian employment law in accordance with modern legal systems. This study is significant for both parties in the employment relationship, as well as for Palestinian and Arab legislators at large, aiming to achieve sustainable economic development. It aims to provide the necessary flexibility for employers to confront various challenges without compromising employees’ rights and dignity. Moreover, it offers legal professionals and researchers the opportunity to benefit from comparative legislation in applying the principle of justice as a fundamental requirement for achieving a balance between parties, ensuring the protection of employees’ rights, and maintaining the sustainability of the establishment.