The Summery of the Research about "The Legal Conditions of Palestinian Workers in Israel"

Year: 
2014
Discussion Committee: 
Dr. Amjad Hassan/suprvisor
Dr. Mohammad Khalaf/external examiner
Dr. Ghassan Khaled/internal examiner
Supervisors: 
Dr. Amjad Hassan/suprvisor
Authors: 
Ga'far Afif Mohammad Sharqia
Abstract: 
This study focuses on the legal status of the Palestinian workers inside Israel’s Green Line that this social class adheres to the Israeli employment law. Furthermore, this social class is under the Israeli protection, and they are legally protected in work circumstances as their Israeli counterparts. It was ruled out by the Israeli government in 1970 based on Paris economic agreement, which organized work relationships between Palestinians and Israelis. As a result, this study relies on the explanation and the analysis of the Israelis employment law clarifying the way they have organized work relationships. Furthermore, the Israeli project relates every topic with a rule, for example, we find the law of wage protection and the law of the lowest level of wage. It also clarifies the mechanism of labor rules enforcement and the enforcement of the Israeli protection of the Palestinian workers inside Israel’s Green Line. In addition, the status of the Palestinian workers in the Israeli settlements in the West Bank and the enforcement of the Jordanian labor rules on this class of workers have been highlighted. Besides, this study illustrates the importance of Israeli labor courts in the judicial system, namely: district and state. Furthermore, it highlights their effective role in justifying the Palestinian workers. Not to mention that they are considered, somehow, neutral to the extent that their rules are the legal ground of the Israeli judicial system since it is an Anglo-Saxon system depending on court records. This study clarifies that the Israeli employment law has stated wage protection that it has imposed extreme penalties on whoever breaks this law. Furthermore, it has determined the minimum wage a worker shall get, and it is modified annually. Besides, it has organized work and break hours in a way that went a long with social and humanitarian requirements for workers. In addition, it has organized a number of vacations such as the annual vacation determining its period and the days, which couldn’t have been considered from it in case they are taken in the period of the ruled out vacation. It also has included sick leaves in terms of their period and having the right to take them. The Israeli law has given the right to take a vacation in case the husband or the son is sick, and this vacation is not counted in the sick leaves. In addition, it have given workers the right take 9 days a year vacation due to holidays which are Jew holidays and maternal vacation. Besides, it has clarified that vacation due date starts after 6 months from returning to work that it differs from the workers who work 12 months or less. Furthermore, workers have the right to get extra money (371 Nis) as recuperation compensation for every year he has worked, and it keeps changing according to seniority. This study also tackles work injuries through the Israeli National Insurance Law which has taken care of work injuries as professional injuries. The same rules can be applied on both cases by defining work injury, its status, how to compensate the resulted handicap according to the percentage of the injury and whether the injury is stable or not. In addition, this study deals with workers’ individual and collective disputes by explaining their causes and solutions. Besides, there are legal committees, which can be as a refuge in case there are violations on the part of the employers such as Law Enforcement in the Ministry of Industry, Trade and work highlighting the role of the mediators and courts related to work conditions, which solves these disputes. Finally, the study clarifies the issue of ending the contract by granting compensations which comprise severance payments. In addition, the Israeli law has highlighted certain cases through which the worker can quit with keeping his financial rights (severance payment). On the other hand, it also has given employers the right to dismiss workers without giving them their severance payment in certain cases limited by the law. Furthermore, it has obliged employers who dismiss a worker without any legal reason to pay his severance payment and a compensation for the arbitrary dismissal.
Full Text: 
Pages Count: 
109
Status: 
Published