The study aimed to clarify the legal provisions of the element of subordination in Palestinian Labor Law No. (7) of 2000, in accordance with the jurisprudence of Palestinian courts, considering that the element of subordination in employment contracts has raised several issues in judicial application. This is due to the lack of clarity in its concept and criteria in the texts of Palestinian labor law, especially since subordination takes many forms, which leaves room for judicial interpretation of this element and variation in judicial rulings. The study began by examining the nature of subordination in employment contracts by clarifying its meaning, then addressing the conditions that must be met for subordination to exist in an employment contract, and researching the most prominent forms of subordination, namely legal subordination and economic subordination, and the distinction between them, clarifying the meaning of each, determining the standard of subordination adopted in accordance with Palestinian judicial interpretations, and clarifying the legal effect of the establishment of a relationship of subordination in an employment contract. Methodology: A descriptive and analytical approach was followed, through a presentation of the legal texts governing the element of subordination in Palestinian Labor Law No. (7) of 2000 and legal jurisprudence, as well as in accordance with the judicial rulings issued by Palestinian courts. Results: Several conclusions were reached, the most important of which were: Legal jurisprudence unanimously adopted the criterion of legal subordination, based on the principle of supervision, guidance, and submission of the employee to the employer in the context of performing the work required of him. Palestinian judicial jurisprudence has also settled on adopting the criterion of legal subordination in its various forms, the most important of which is administrative legal subordination, and has not adopted economic subordination. Recommendations: We have reached a number of recommendations, the most important of which are: We recommend that Palestinian legislators address the issue of dependency clearly in the provisions of Labor Law No. (7) of 2000, by referring to this criterion and establishing it as the criterion for legal dependency.

Title

مجلة القانون والأعمال الدولية

Publisher

جامعة الحسن الأول بالمغرب

Publisher Country

Morocco

Publication Type

Prtinted only

Volume

61

Year

2025

Pages

708-725