This study seeks to address the issue of establishing the existence of the element of legal subordination within the framework of judicial litigation, as it constitutes one of the fundamental determinants upon which the legal characterization of the contractual relationship and its ensuing legal effects depend, particularly in disputes where civil and employment relationships overlap. The study further aims to identify the legally admissible means of proving this element and to examine the role of the judiciary in ascertaining its existence in light of objective legal criteria and settled judicial precedents. Methodology: The study adopts an analytical and doctrinal approach. It commences with an examination of the provisions of the Labour Law, followed by an analysis of the various doctrinal theories relating to the concept of legal subordination. It subsequently derives the governing legal principles from the judgments rendered by the Palestinian courts. Findings: The study reveals that the element of legal subordination— being the principal criterion for identifying an employment relationship—has not received adequate legislative attention. It further demonstrates that the Palestinian courts rely upon multiple legal criteria in determining the existence of the element of legal subordination within contracts of employment. Conclusions: The existence of legal subordination is inferred from a coherent body of evidentiary indicia, foremost among which is the factual reality of the relationship rather than its formal legal characterization. Furthermore, disciplinary measures constitute corroborative indicia rather than conclusive evidence of legal subordination. Recommendations: The study recommends requiring courts of first instance to provide detailed judicial reasoning when determining the existence of the element of legal subordination and to refrain from relying upon a single criterion applicable to all employment relationships. Instead, judicial assessment should be based on a combination of complementary criteria reflecting the actual circumstances of the relationship

Title

مجلة جامعة النجاح للقانون والاقتصاد

Publisher

An-Najah National University

Publisher Country

Palestine

Publication Type

Both (Printed and Online)

Volume

--

Year

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Pages

1-14