Article Title

The Arbitrary Dismissal of the Worker In Light of the Conflicting rulings of the Palestinian Court of Cassation (PCC)

Authors

Ahmad Abu Zeineh Dr., Associate Professor, Department of Private Law, Faculty of Law Arab American University, Jenin, PalestineFollow

Abstract

Palestinian Court of Cassation (PCC). The focus has been, in particular, on the arbitrary dismissal from wok enshrined in the Palestinian Labor Law No. (7) of 2000. Although the rulings issued by the PCC must be uniform and harmonious, so that they can be followed by the appellate courts, despite the reversal of a principle established in a previous ruling issued by the Court of Cassation requires a general assembly of this Court to convene to decide on that return, but we found contradictions in many of the judgments passed by the Court, in several issues related to the subject of arbitrary dismissal. These provisions were contradictory with regard to the amount of compensation for arbitrary dismissal that the dismissed worker is entitled to, as well as contradictory regarding the effect of failure to notify the Ministry of Labor on whether or not arbitrary dismissal is considered. It also contradicted the issue of the burden of proof of arbitrary dismissal, and whether this burden falls on shoulders of the worker or the employer, and also contradicted with regard to the requirement for a one-year period to elapse on the worker's work, for his entitlement to compensation for arbitrary dismissal, and finally, it contradicted the permissibility of terminating the worker's services upon reaching the age of sixty years. In this research, the researcher reviews these contradictory provisions, and expresses his opinion on that contradiction, and in the provisions closest to the texts of the Labor Law and the intention of the legislator, and an examination is made on how to remove and eliminate that contradiction.

Recommended Citation

Abu Zeineh, Ahmad Dr. (2023) "The Arbitrary Dismissal of the Worker In Light of the Conflicting rulings of the Palestinian Court of Cassation (PCC)," مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL: Vol. 93: No. 93, Article 6.
Available at: https://digitalcommons.aaru.edu.jo/sharia_and_law/vol93/iss93/6