Law Commons^™

Guarantees Of Payment Of Wages In Enterprise Contracts And Its Contemporary Applications In Accordance With The Enforced Legislation In Palestine, Muayad K. Hattab Phd, Ashraf Muhammad Hussein Dr

UAEU Law Journal

remuneration under the contracting contract, and the mechanisms of enforcing the employer to implement his obligation to pay the remuneration, in light of the Palestinian legislative reality, which is still dependent upon the Mejella (Journal of Judicial Rules), as the Civil Law in force in Palestine. The study attempted to find a solution to the legislative shortcoming represented in the fact that the provisions of the Mejella devoid of a clear and explicit regulation of the provisions of the contracting contract and the responsibilities of the parties to that contract, especially with regard to obligating the employer …

The Arbitrary Dismissal Of The Worker In Light Of The Conflicting Rulings Of The Palestinian Court Of Cassation (Pcc), Ahmad Abu Zeineh Dr.

UAEU Law Journal

Palestinian Court of Cassation (PCC). The focus has been, in particular, on the arbitrary dismissal from wok enshrined in the Palestinian Labor Law No. (7) of 2000. Although the rulings issued by the PCC must be uniform and harmonious, so that they can be followed by the appellate courts, despite the reversal of a principle established in a previous ruling issued by the Court of Cassation requires a general assembly of this Court to convene to decide on that return, but we found contradictions in many of the judgments passed by the Court, in several issues related to the subject …

The Ruling To Return The Indiscriminately Terminated Worker To His Work In Light Of The Moroccan Social Legislation, Nidal Mustafa Ghaith

UAEU Law Journal

This study examines the settlement of individual labour disputes arising between the employer and the employee through the ruling to return the arbitrarily dismissed employee to his work, as one of the judicial means that enables the two parties to resolve their dispute in a way that allows the stability of the work relationship between them. this is through talking about the jurisprudential position as well as the judicial approach towards the option of returning the dismissed employee to his work, and also addressing the various problems resulting from the application of this mechanism. Perhaps one of the most prominent …

Labor And Its Revenue In Islamic And Non-Islamic Economies- Dr. El Tayib Mohammad Hamid Al-Tikaina

UAEU Law Journal

Labor in Sharia Law: The Sharia Law has laid down general rules, principles and regulating controls or restraints on economic activity and its revenue. Actually any activity in the individual’s and society's interest is deemed legal in Sharia Law if it is in accordance with these rules, which prohibit usury and any harmful produce, warn against gambling, cornering, cheating or any action leading to extortion or forcible exaction. Legal economic activity, according to Islam, is any mental, physical, industrial or any other action, which is conducive to development and the promotion of the quality of life. Islamic textual provisions set …

Professional Insufficiency As A Ground Of Dismissal From A Public Post: “A Study Of The Decisions Of The French Council Of State & The Administrative Appealate Courts”, Musa Shehada

UAEU Law Journal

The aim of this study is to examine the professional insufficiency as a ground of a decision of the French Council of State and the Administrative Appeallate Courts dismissing a public employee a part from the disciplinary measures.

The study indicated that the dismissal of a public employee for professional insufficiency is not restricted to the conduct and behavior exercised by that employee while discharging his job duties or his failure to have good relation with his superiors or colleagues. Due to the dangerous consequences of such dismissal the French lawmaker has provided for a number of guarantees to protect …

Protecting The Privacy Of The Worker In Light Of The Development Of Modern Means Of Communication: A Comparative Study Of The Uae And French Laws, Pierre Mallet

UAEU Law Journal

The concept of privacy has evolved a lot due to the tremendous scientific development that humanity has achieved in recent decades. The massive use of computers and the Internet in all areas has given rise to new aspects of privacy. This concept now concerns calls, personal photos, recordings, the use of social networks and personal conversations. Through this research, we want to inform the reader about the rules governing the protection of the privacy of an employee in the field of computer science in the light of the legal texts applied in UAE laws, or at least clarify the positions …

Reflection On The Philosophy Behind The Exemption To Notice Of Employment Termination A Study In The Light Of The Jordanian Labour Law 1996, Firas Kasassbeh

UAEU Law Journal

Under the Jordanian Labour Act 1996, it is not permissible for the employer to terminate the employee’s contract without giving the labourer/ employee at least one month notice before the date of termination. This is because sudden dismissal may cause hardship on the employee such as finding him/herself unemployed. However, there are cases where the employer is exempted from giving such notice due to either the nature of the contract (such as in the case of definite period contracts and the case of employment under probation), or the nature of termination (such as in the cases where the termination is …

Contractual Liberty In Labor Legislation “The Crisis Of Labor Contract” A Comparative Study Of Syrian And French Laws, Mohammed Arfan Al-Khatib

UAEU Law Journal

This research aims to study the distinctiveness of contractual liberty in labor legislation through analyzing its social and economic as well as legal essence. The research sheds light on the value this freedom was given in the French labor legislations and projects the French experience on the current Syrian legislations with a view to better the last. This paper also connects the analysis of the origin of this freedom in a comparative approach to both the French and the Syrian laws, drawing on the French experience and the specific steps taken by the French legislator in this regards. To that …

Labor Strike From The Perspective Of Jurisprudence (Fiqh) And Law, Hassan Mohammed Al-Rifai

UAEU Law Journal

This thesis is about thelabor strike in terms of the jurisprudence and law. It includes the following topics:  To define of the “labor strike” in terms of its jurisprudential and legal concept and adaptation.  To set forth the effects of the “labor strike” in terms of law on both, labor contract signed between the striking workers and their employer, and the employer’s obligations towards his customers.  To display and discuss the Islamic jurisprudence’s attitude towards the “labor strike” through indicating the opinion of a group of contemporary scholars who allows labor strike.  Then, to display and …

The Guarantees Of Laborers To Terminate Work Contract For Technical And Economic Reasons Under Palestinian Law: A Comparative Study, Ibrahem Yahya, Mr. Amr Saabneh

UAEU Law Journal

This research deals with the guarantees of the employee while the Palestinian legislator authorized the employer to terminate the labor contract for technical and economic reasons "loss". This research discusses these guarantees for the legitimate reasons have been regulated under article 41 of the Palestinian Labor Law .This research aims at clarifying the reasonable criterions For the technical reason to make a balance between the conflicting interests between the employer and the employee, as well as the adoption of the criterion of "extraordinary event" in the loss, in order to achieve a guarantee of the employee in light of the …

الحماية القانونية لأجر العامل في القانون الفلسطيني "دراسة مقارنة" د. أنس موسى حسن أبو العون– الباحث/ إبراهيم خالد يحيى

UAEU Law Journal

سعى البحث إلى ضبط دور المشرع الفلسطيني في توفير ضمانات لأجر العامل من زاوية مفهوم الأجر، وذلك من خلال تحديد مفهوم الأجر وما يتبعه من ملحقات في القانون الفلسطيني، حيث حاول البحث في الجزء الأول منه تحديد ما يعد من قبيل الأجر، وما لا يعد كذلك، بغية إسباغ الحماية على ما يدخل في مفهوم الأجر ومشتملاته. فعالج البحث الأجر عن العمل الإضافي ومدى اعتباره جزءاً من الأجر، والحد الأدنى للأجور، ومدى فعالية النصوص القانونية في تحديده ومواكبته للتطورات الاقتصادية، ومعرفة نظرة المشرع الفلسطيني الاجتماعية للأجر لسد حاجة العامل وحاجة أسرته، والتطرق لاستحقاق العامل الأجر دون عمل فعلي، ومناقشة قاعدة عدم …