Full-Time Employment Contract in Light of the Commentary on the Ruling of the Palestinian Court of Cassation Held in Ramallah – Rights Cassation No. 660/2019 Issued on July 25, 2021
Dr Naim Jamil Salama
Associate Professor
College of Law and Political Science
Al Najah National University
Nablus, Palestine
Ibrahim Khaled Yahya
Lecturer
Faculty of Law
The Arab American University
Jenin, Palestine
Abstract:
This research discusses the ruling of the Palestinian Court of Cassation held in Ramallah (Rights Cassation No. (660/2019) issued on 07/25/2021), related to full-time employment in the employment contract. The court was satisfied with addressing the first reason for cassation. The ruling addressed “full-time employment,” indicating that it is not an element of the supervision and subordination that distinguish the employment contract from other contracts, Such as the contracting contract, as the ruling based its judgment on what the Palestinian Labor Law has defined as an employment contract, as well as the categories excluded from it, without requiring full-time work.
The Court of Appeal’s consideration of this element as a necessary condition for the contract to be described as an employment relationship is an exaggeration in the law, and thus the Court of Appeal has deviated from the correct path. The researchers saw that the court had been correct in its ruling and reasoning, and they supported their position with legislative and judicial grounds, represented by the position of Palestinian law (the Majalla of Judicial Rulings and the Labor Law), which did not stipulate full-time work. They compared this position with the position of Jordanian legislation, which stipulated full-time work, and explained – accordingly – the concept of full-time work, the extent of its legitimacy, and the effect of violating the condition stated regarding it.
They also pointed to a Jordanian judicial ruling, which they support, albeit one that contradicts prevailing jurisprudence, stating that full-time employment is not considered an element of an employment contract. They also expressed the view that it would be preferable for Palestinian law, or at least the Palestinian judiciary, to adopt a principle that stipulates that a full-time employment contract is illegitimate, and that it would be considered arbitrary, and they explained the justifications for this position.
Keywords: full-time employment, termination of employment, Palestinian labor law, unfair dismissal, part-time work, flexible work.