Palestinian Labor Law No. (7) of 2000 governs the termination of employment contracts. This legislation outlines lawful justifications for dismissal, notice periods, and severance pay entitlements.

Lawful Grounds for Dismissal

There are two main categories under which an employer can terminate an employment contract:

• By the Employer:
  • For Cause: The employer can dismiss an employee for misconduct, poor performance, or absenteeism as outlined in the contract.
  • Redundancy: Due to economic or technical reasons necessitating workforce reduction, the employer can terminate contracts. However, they must provide notice and severance pay.
• By the Employee:
  • Resignation: An employee can resign with proper notice as stipulated in the contract, while retaining their legal rights to end-of-service benefits.
  • Breach of Contract: If the employer breaches the employment contract or Labor Law, the employee can terminate the contract and claim compensation.

Notice Requirements

The required notice period for termination depends on the type of contract and the reason for dismissal.

• Indefinite Contracts: For indefinite contracts (most common), a notice period is required by both employer and employee. The specific length of notice may be outlined in the individual contract, but Palestinian law does not prescribe a minimum timeframe.
• Fixed-Term Contracts: Fixed-term contracts typically end on the designated date without further notice. However, early termination by either party may require notice as stipulated in the contract.
• Dismissal for Cause: In cases of dismissal for misconduct or poor performance, notice may be bypassed depending on the severity of the offense.

Severance Pay

Palestinian law mandates severance pay for employees who are dismissed without fault or who resign after a minimum service period.

• Eligibility: Employees who have worked for more than one year are entitled to severance pay.
• Calculation: The severance pay is calculated as one month's salary for each year of service.

These are general guidelines. The specific details of termination, notice periods, and severance pay will depend on the individual employment contract and the circumstances surrounding the termination.

Palestinian legislation promotes equal opportunity and prohibits discrimination in the workplace. While a comprehensive anti-discrimination law hasn't been enacted yet, Palestine adheres to several international conventions and has legal provisions that offer protection against discrimination.

Protected Characteristics

Palestinian Basic Law Article 9 safeguards against discrimination based on several characteristics:

• Race
• Sex
• Religion
• Political Views
• Disability

Furthermore, Palestine has ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which protects women from discrimination in various aspects of life, including employment.

Redress Mechanisms

If an employee feels discriminated against in the workplace, they can pursue redress through several channels:

• Ministry of Labor: The Ministry of Labor has a Department of Labor Relations that investigates complaints of workplace violations, including discrimination.
• Palestinian Judicial System: Employees can file lawsuits against their employers in the Palestinian judicial system, alleging discrimination.
• Labor Unions: Palestine has a growing number of labor unions that can offer legal support and representation to employees facing discrimination.

Employer Responsibilities

Palestinian Labor Law No. (7) of 2000 places certain responsibilities on employers to prevent discrimination:

• Recruitment and Selection: Employers must ensure their recruitment and selection processes are fair and objective, avoiding bias based on protected characteristics.
• Work Environment: Employers have a duty to create a work environment free from discrimination and harassment.

In Palestine, the Labor Law No. (7) of 2000 sets the minimum standards for working conditions, including work hours, rest periods, and ergonomic considerations.

Work Hours

The standard workweek in Palestine is 48 hours, distributed over six working days. This translates to eight hours per day, excluding breaks. Overtime work is permitted with the employee's consent and requires additional pay at a rate of 125% of regular wages. There are limitations on overtime hours, not exceeding two hours per day and 12 hours per week.

Rest Periods

Palestinian law mandates rest periods to prevent fatigue and ensure worker well-being. A minimum uninterrupted rest break of one hour is mandated during the workday. All employees are entitled to a weekly rest period of at least 24 consecutive hours, typically on Friday or Sunday.

Ergonomic Requirements

While Palestinian law doesn't have extensive provisions on ergonomics, it does emphasize a safe working environment. Employers have a general duty to ensure the workplace is safe and free from health hazards. This can be interpreted to include ergonomic considerations to minimize risks of musculoskeletal disorders. The Palestinian Ministry of Labor can issue specific regulations concerning workplace safety and ergonomics, although such regulations may not be widely available yet.

Palestinian legislation prioritizes worker safety and well-being through a framework of health and safety regulations. These regulations outline employer obligations, employee rights, and the role of enforcement agencies.

Employer Obligations

The Palestinian Labor Law No. (7) of 2000 lays the foundation for employer responsibilities in ensuring a safe work environment. Key obligations include:

• Providing a Safe Workplace: Employers must furnish a workplace free from hazards that could cause injury or illness.
• Risk Assessments: Employers may be required to conduct risk assessments to identify potential hazards and implement preventative measures.
• Personal Protective Equipment (PPE): Employers must provide necessary PPE to safeguard workers from specific job-related risks.
• Safety Training: Employers have a duty to train workers on safety procedures and safe work practices specific to their roles.

Employee Rights

Palestinian workers have the right to a safe and healthy work environment. The Labor Law grants them the following rights:

• Refusal of Unsafe Work: Employees have the right to refuse work they believe is unsafe and poses a health risk.
• Reporting Safety Issues: Workers have the right to report unsafe work conditions and practices to their employers or the Ministry of Labor.

Enforcement Agencies

The responsibility for enforcing health and safety regulations falls on several entities:

• Ministry of Labor: The Ministry of Labor plays a crucial role through inspections, investigations of workplace accidents, and issuing fines for non-compliance.
• Occupational Safety and Health Committees: Workplaces with a certain number of employees are required to establish Occupational Safety and Health Committees responsible for promoting safety within the workplace.

Enforcement mechanisms are still developing in Palestine. Studies indicate a need for stricter enforcement and improved worker awareness of health and safety rights.