Striking a Balance in Terminating Employment Contracts for Technical and Economic Reasons: A Comparative Study between Palestinian andBritish Law
نوع المنشور
بحث أصيل
المؤلفون

Enterprises and establishments can face economic or technical challenges that require reducing the workforce or terminating contracts. Consequently, both Palestinian and British legislators have enacted specific provisions to regulate this situation, granting employers the right to make appropriate administrative decisions such as restructuring the organization or terminating employment contracts to address financial or economic challenges. However, to prevent employer abuse of power, Palestinian and British laws, imposed conditions and restrictions on this right to balance the interests of both parties. This study addressed the concept of termination for economic or technical reasons and the conditions imposed on this right in Palestinian and British laws. It also reviewed the necessary mechanisms for terminating contracts or modifying them to ensure the protection of workers' rights and the sustainability of the establishment.

The study utilized a comparative methodology to analyse labour laws in Palestine and Britain and their impact on workers' rights and employers' interests, ensuring a balanced approach between the rights and obligations of the parties involved. To achieve this, the study has been divided into two main sections covering various aspects. It addressed the concept of termination for economic or technological reasons and the consequences resulting from such termination. Additionally, it discussed the necessary mechanisms to ensure procedural fairness according to modern legal systems. The main findings of this study were that labour laws must be updated, through judicial interpretations or legislative amendments, to include additional measures that protect workers' rights and ensure flexibility for employers in facing various challenges. This includes considering the right of workers to renew contracts instead of termination and applying the principle of fair selection before reducing the workforce or amending the terms of their contracts

المجلة
العنوان
QU International Review of Law
الناشر
College of Law, Qatar University
بلد الناشر
قطر
نوع المنشور
مطبوع فقط
المجلد
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السنة
2024
الصفحات
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