The Guarantees of Laborers to Terminate Work Contract for Technical and Economic Reasons under Palestinian Law: A Comparative Study
This research deals with the guarantees of the employee while the Palestinian legislator authorized the employer to terminate the labor contract for technical and economic reasons "loss". This research discusses these guarantees for the legitimate reasons have been regulated under article 41 of the Palestinian Labor Law .This research aims at clarifying the reasonable criterions For the technical reason to make a balance between the conflicting interests between the employer and the employee, as well as the adoption of the criterion of "extraordinary event" in the loss, in order to achieve a guarantee of the employee in light of the ambiguity of the text and the lack of appropriate criterions, and in the lack of jurisprudence dealing with the appropriate criterions. Then this research deals with common guarantees of technical reason and the loss, whether the objective guarantees that the reasons for termination are not related to the employee, and the need to control the seriousness of the justifications, or the procedural guarantees of controlling the duty of the employer to notify the Ministry of Labor of the reasons for termination. This research in its two requests examines the comparison with the corresponding texts To the Palestinian legislation in the Jordanian and Bahraini labor legislations because of their different and distinctive provisions, and to compare the Jordanian and Bahraini judicial orientations to find out how to deal with them, together with the Palestinian judiciary, the guarantees of substantive and procedural termination. Key words: employee guarantees,
yahya, ibrahem and Saabneh, Mr. Amr
"The Guarantees of Laborers to Terminate Work Contract for Technical and Economic Reasons under Palestinian Law: A Comparative Study,"
UAEU Law Journal: Vol. 2020:
82, Article 8.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2020/iss82/8