Termination Of The Work Contract Unilaterally By The Employer Due To The Establishment’s Exposure To A Loss In Light Of The Labor Law And The Palestinian Judiciary

Abstract

This study came to raise a fundamental, basic and legal issue in cases of unilateral termination of the work contract by the employer in terms of preserving the interests of the two production parties (the laborer and the employer) with the laborer retaining all his rights to obtain the notice allowance and that was through the contractual orientation and the judicial orientation of these cases. The researcher has highlighted cases of unilateral termination of the contract by the employer in which the laborer is not notified, reviewing the contractual approach in this issue and the judicial opinion on it, in search of the concepts mentioned in the relevant labor legislation texts regarding the definition of a confirmed (serious) occupational mistake, legally and jurisprudentially, and relying on its personal and objective criteria. Moreover, the researcher examined the extent of the judiciary’s control over these two criteria, which is the subject of the present study.  This led to a number of conclusions, that the mistake is not assumed, and that if it occurs, it may come out of the scope of the serious mistake and be the result of a confirmed and proven negligence and that it results in a serious loss, up to the last condition for its verification and proof, which is that the employer, within a period of forty-eight hours, has to inform the competent authority of the occurrence of this mistake and to inform the laborer in writing of the termination of the contract and its reasons. Moreover, this termination must take place within two weeks from the date of the occurrence of the mistake and to verify it by considering the termination of the contract as arbitrary.