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AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

Abstract

This research deals with the termination of indefinite labor contract by the employer as per the Palestinian Labor Law No. 7 of the year 2000. The latter law provides the employer certain privileges allowing him to terminate the contract unilaterally. The availability of one of these reasons makes the employment termination decision on the part of the employer admissible and legal. These reasons are mentioned mainly in Articles (40) and (41) of the Palestinian Labor Law. Article (40) permits dismissal of an employee without short notice, if he/she commits any of the violations mentioned in this article, while Article (41) permits dismissal for technical or economic reasons. Additionally, the employer can benefit from two more articles; viz. article (38) and articles (103/2), to fire the employee. However, this law did not explicitly clarify whether these reasons were mentioned as examples or exclusively, which led to conflicting rulings of the Palestinian High Court in this regard. Furthermore, we discuss the possibility of employee dismissal in the internal regulations of firms that have been approved by the Palestinian Ministry of Labor, albeit not being listed in the Palestinian Labor Law.

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