Legal symposium revises labor law, employment policies in Palestine

Birzeit University’s Institute of Law and Konrad Adenauer-Stiftung jointly organized a legal symposium to explore the gaps and flaws in the Palestinian Labor Law on November 23, 2019, featuring Fateh Hamarsheh, a legal researcher and judge, and Ahmad Nasra, a lecturer of law.

Hamarsheh focused in his lecture on the key problems in the Palestinian Labor Law, presenting some of its questionable issues that remain unresolved by the Palestinian judiciary system. Giving examples, Hamarsheh showed that arbitrary dismissal is one of these issues, as until today, there is no clear definition of the circumstances in which arbitrary dismissal is allowed.

Hamarsheh added that arbitration, as a judicial mechanism for resolving labor disputes, is still problematic due to the different approaches in dealing with each conflict that are being applied by judges.

Hamarsheh furthermore tackled issues in the Palestinian Labor Law that are still under deliberation by the judicial system, such as how employers or workers may end a contract, the conditions that allow for turning a temporary into a permanent contract, end-of-service bonuses and compensation, an employee’s rights after work injury, and more.

Nasra pointed to the importance of obtaining a judicial clearance of all problematic issues in the Palestinian Labor Law, which can be achieved and implemented wisely by consulting juristic persons and experts. He cautioned that the misinterpretation of legal texts through literal reading must be avoided.

According to Nasra, an employer may terminate employment at any time under circumstances such as an employee's misconduct. He also mentioned that there is no clear article in the Palestinian law that requires employers to notify their employees of impending dismissal; such notification must only be sent to the ministry of labor for organizational purposes.