Obligations of the Employee and the Employer between Jurisprudence & Law

This study handled the subject of the Obligations of the Laborer and the Employer between, Jurisprudence & Law, as it is a jurisprudent subject. compared with the status law submitted by the student to complete the re-quirements of attaining the Master Degree in Jurisprudence and Legisla-tion from the Faculty of Higher Studies in An Najah National Univer-sity, under the supervision of the Honorable Dr. Jamal Zeid Al Kilani; and in this subject, the student studied the sayings of scientists of the Holly Islamic Law, compared with what the Status Law reached . In this study, the student handled some questions relating to the obligations of the Laborer and the Employer stated in laws to reach the Sharia Judg-ment on them. He followed the comparative descriptive analytical meth-odology. He pursued the mentioned obligations as stated in laws and he pursued the research of the jurisprudents relating thereof. He analyzed all such information to reach the Sharia Judgment on them. Nevertheless there are some studies that handled the subjects of hiring contract of persons in general including the obligations of both parties mentioned in it. But no studies handled such obligations as separate, specialized and comprehensive obligations; and this distinguishes this study from others. The student presented the study in an introduction and three main chapters. In the introduction , the student talk about the work contract, its approach and scope of application, as well as the discussion of the work contract by the advanced jurisprudent. In the first chapter, the student handled the obligations of the laborer and included it in ten subjects. He allocated each subject for an obligation. These obligations are represented in performing the work personally by the laborer and as agreed upon , and giving the required care to work , ex-ecuting the orders of the employer, maintaining the tools of work , main-taining the work secrets, not competing the employer by the laborer, the inventions of the laborer and taking into consideration republic manners and morals. In the second chapter, the student handled the penalties on violating the laborer to his obligations. The student put this chapter in two subjects, each one for a certain kind of penalties. These penalties are represented in com-pensation, dissolution and disciplinary punishments. In the third chapter, the student handled the obligations of the employer and put it in six subjects. He allocated each subjects for an obligations. These obligations are presented in paying wages, grants, remunerations , extra wage , limiting working hours, granting daily and weekly rest, official hol-idays, medical care, compensation for work injury, transportation and housing. The study concluded results the most of import of which are as follows: There is a Sharia evidence on the exchanged legal obligations on the work contract, many of which the jurisprudence directly discussed. It is also possible to originate the newly existing obligations based on Islamic Law and its general texts. There are some differences between the Islamic Ju-risprudence and the Status Law in some obligations such as imposing the minimum wages instead of making them open and committing the em-ployer to the costs of medications and compensation for work injuries. The study recommends to continue the jurisprudent and sharia research in the subject of the obligations of the laborer and the employer. It also recom-mends the Palestinian Legislator to allocate legal Articles on the Obliga-tions of the laborer and the employer in the Palestinian Labor Law.