Gaza

Global Journal of Politics and Law Research
Vol.3, No.2, pp.55-70, August 2015

___Published by European Centre for Research Training and Development UK (www.eajournals.org)
REFLECTION ON LABOUR LAW- CONSTRUCTION INDUSTRY BETWEEN

TEXT AND APPLICATION
Nadine Nabeel Abu-Shaaban

Construction Management Group, Faculty of Applied Engineering and Urban Planning,
University of Palestine, PO Box 1075, Gaza, Palestine
ABSTRACT: Labour laws dictated by various legal systems are the backbone of healthy and
safe working environment around the world. Such laws shape the structure of workplace,
engineer the relationship between employers, employees, and guarantee protection to involved
parties. Although there has been a rapid expansion of labour rules emerging at the
international level, there is still a huge need for professional work assessing the commitment
and implementation process. In essence, this research will enlighten the way for many
academics to work forward addressing the subject of labour law development and enforcement
in order to achieve better working conditions. The legal system of the Palestinian territory has
acquired its current shape and texture through a process of incremental evolution over
centuries. In particular, the Palestinian Labour Law No. 7 was promulgated in 2000 by the
Legislative Council to ensure sound labour market governance. This paper presents a review
of the working conditions clauses within the Palestinian, Jordanian, Egyptian, United Arab of
Emirates and Turkish labour laws. In addition, the level of which the working conditions
articles are applied within the Gaza Strip construction industry is assessed.
KEYWORDS: Construction industry, Gaza Strip, Labour law
INTRODUCTION
Development of labour law has deep roots in history and to a certain extent it has been
developed in parallel with human rights. On the international level, a galvanized regime in a
form of an array of laws has been drafted and passed to promote and guard these rights.
Particularly, the Universal Declaration of Human Rights (UDHR, 1948), together with the
International Covenant on Civil and Political Rights (ICCPR, 1966) and the International
Covenant on Economic, Social and Cultural Rights (ICESCR, 1966) come under the
international umbrella of human rights. Through which a range of rights related to “work, free
choice of employment, equal pay for equal work, a just and favorable remuneration and healthy
work conditions” has been articulated. Worldwide, such rights have been laid down in codes
formulating a basic catalogue of rights protected by different legal frameworks.
While the role of law has been recognized for a stable political system, similarly, the
relationship between law and economic development has also been established. Literature has
reflected the importance of law as a driving force along the path of sustained economic growth
(Panizza (2012), Docquier (2014), Aaken, A. (2014)). In particular, this is of great concern for
many developing countries, as the slowdown in economic growth poses a serious challenge.
Palestine is among the world’s regions that witnessed a climate of economic fluctuation and
political instability. In this essence, the legal system of the Palestinian territory has acquired its
current shape and texture through a process of incremental evolution over centuries. As in many
developing countries, the Palestinian construction sector is considered a key motivating
economic sector; as it characterized by a high share of labour force. Thus, the size of the labour
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ISSN 2053-6321(Print), ISSN 2053-6593(Online)
Vol.3, No.2, pp.55-70, August 2015
force in the Gaza Strip has dramatically increased over the last few years due to imposed siege
on the area.
In effect, the Palestinian Labour Law No. 7 was promulgated in 2000 by the Legislative
Council to ensure sound labour market governance. One of the main areas covered by
Palestinian labour law is working conditions; which include provisions on working time &
holidays, leaves and remuneration. All of these areas are critical to ensuring high levels of
employment and social protection.
Although, there is an increasing acceptance of the regulated law within the national context,
the extent to which this law is both applied and enforced within the Gaza Strip construction
industry remains a question. This research aims at opening the sight for many academics to
work forward addressing the subject of labour law development and enforcement in order to
achieve better working conditions.
This will be accomplished by comparing the working conditions clauses within the Palestinian,
Jordanian, Egyptian, United Arab of Emirates and Turkish labour laws. In addition, the level
of which the working conditions articles are applied within the Gaza Strip construction industry
will be assessed.
HISTORY OF THE GAZA STRIP

Due to its location on the Mediterranean Sea, near the crossroads of Africa, Asia, and Europe,
Palestine has a long history of occupation by foreign powers. In ancient times, from 1517 to
1917, Palestine was controlled by Turkey's Ottoman Empire. Then, following the defeat of
Germany and Turkey in World War I, Gaza became part of the British mandate for Palestine
from 1917-1948.The mandate government developed administrative institutions, municipal
services, public works and transport. After the armistice agreement of the Arab-Israeli War of
1948 until the 1967 war, the Gaza Strip was under the Egyptian administration. During this
period, Palestinians were not allowed real control over local administration and they were
totally dependent on Egypt and as a result economic development in the Gaza Strip was limited.
This period witnessed a major increase of Gaza Strip population, as 70% of Palestinians living
within the Israeli boundaries migrated to Gaza Strip and formed refugee camps. These camps
were built and maintained by the United Nations Relief Works Administration (UNRWA).
Then, the Gaza Strip was captured by Israel from Egypt in 1967 during the Six-Day War and
occupied by Israel until 1994. During that period, the Gaza Strip became increasingly
dependent on Israel for its imports (largely food, consumer goods and construction materials)
and exports (mainly citrus fruit and other agricultural products). With the inception of the
Palestinian uprising (Intifada) in Gaza in 1987, the City became a major centre of political
unrest and violence. Frequent military Israeli troops were sent to quell violence. High
unemployment and low wages have been major problems. Moreover, as a result of the Gulf
War (1991), masses of Palestinian workers in that area fled back to their families in Gaza Strip,
creating a dire economic crisis and greater unemployment.
In 1994, an agreement, the Oslo Accord, was signed by Israel and the Palestinian Liberation
Organization (PLO). Under the terms of this agreement, Israel began a phased transfer of
authority in the Gaza Strip to the Palestinian National Authority (PNA). In effect, Israeli troops
withdrew from the Gaza Strip, while maintaining control over Israeli settlements, and handed
over the power to the PNA. The construction industry has since then witnessed noticeable
expansion and activities. In 2007, Gaza Strip became under Hamas’s rule and has since been
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the governing authority. Since then, Israel launched three military incursions against Gaza Strip
codenamed ‘Cast Lead’, ‘Pillar of Defense’ and ‘Protective Edge’ operations; commenced in
December 2008, November 2012 and July 2014 respectively.
HISTORICAL EVOLUTION OF THE PALESTINIAN LEGAL SYSTEM

The Palestinian legal system in Palestine has evolved from a complicated background. As a
result of the successive foreign occupations of Palestine over the last century, Palestinian law
draws upon a number of different legal codes and traditions, including Ottoman statutes, British
common law, Jordanian law, Egyptian decrees, and Israeli military orders.
As part of the Ottoman State from 1517 to 1917, Palestine was part of the Ottoman Empire.
During this period, the legal system was a compilation of Islamic and European law.
Subsequent British Mandate in 1917 implemented new set of rules based on the Common Law,
which were progressively added to the existing Ottoman laws. Following the war of 1948,
another change in the legal system occurred. The West Bank was annexed to Jordan and
consequently subjected to the Jordanian legal system. Meanwhile, the Gaza Strip was
controlled by the Egyptian government but it continued to apply the Common law, established
during the British Mandate, with insignificant modifications. After the 1967 war, Israel
occupied the West Bank and Gaza Strip, imposing military law on the Palestinians. Following
the Oslo agreements, the Palestinian National Authority (PNA) took administrative control in
1994 and formed the Palestinian Legislative Council (PLC). Since its establishment in 1996,
the PLC has been regulating new laws to build a strong legislative framework.
PALESTINIAN LABOUR LAW: AN OVERVIEW

The Palestinian Labour Law No. 7, was promulgated in 2000 by the Legislative Council
through regular debate sessions. This law was developed to unify the disparate legal systems
that had existed in Gaza Strip (the Egyptian Labour Law, No. 16 of the year 1964) and the
West Bank (the Jordanian Labour Law, No. 21 of the year 1960). It was drafted and issued in
line with the Arab Labour Organization (ALO) and the International Labour Organization
(ILO) standards.
The Palestinian Labour Law regulates the legal relationship between employees and
employers, stating their rights and obligations. It consists of ten sections briefly described as
follows:
 Definitions and General Provisions Section: includes two chapters; one which defines
those terms that are used in the law. Examples are the definition of “Employer”,
“Labour”, “Temporary Work” and “Basic Wage”. Meanwhile, the other chapter
contains several provisions of relevance to employment and labour law affirming the
labour right to join and to participate in the union.
 Employment, Occupational Training and Guidance Section: this section consists of two
chapters “employment” and “occupational training and guidance”. It addresses points
such as; submitting a certain employment records to the Ministry of Labour (MOL) on
a monthly basis and employing a number of qualified disabled workers. In addition, it
emphasizes professional training through various channels and by various measures to
develop the professional skills of labour, improve their quality, and strengthen their
employment and work abilities.
 The Individual Work Contract Section: includes three chapters covering the
composition of the contract, expiration of the individual work contract and the
termination of the contract.
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 Collective Labour Relations: consists of four chapters titled as: collective negotiations,
collective labour agreement, settlement of collective labour disputes and finally, strike
and lockout
 The Requirements and Conditions of the Work Section: includes four chapters
establishing a number of workers rights covering “working hours and weekly holidays”,
“leaves”, “salaries”, and “occupational safety and hygiene”.
 Regulation of the Work of Minors Section: it introduced restrictions by law governing
the employment of minors. Under this section, no minor under 15 years of age are
allowed to be employed. Furthermore, it addresses the health and safety concerns of
having minors within the workplace as no minor shall handle or exposed to hazardous
waste products or hazardous substances.
 Regulation of the Work of Women Section: this section prohibits gender-based
discrimination, and from participating in dangerous work It is forbidden to engage
women workers in work high above the ground, under low temperatures. It also
regulates the employment of women before and after child-birth.
 The Labour Inspection Section: this section authorizes members of the “Commission of
Labour Inspection” to enter the workplace, make inquiries with employers and/or
workers, view and take copies of what pertains to the condition of work.
 Work Injuries and Occupational Diseases Section: this section describes what is
required from the employer upon the occurrence of work injury or death.
 Penalties and Conclusive Provisions Section: includes two chapters titled as penalties
and conclusive provisions. It details penalties attached to various occasions.
COMPARISON BETWEEN LEGAL FRAMEWORKS

Drawing comparisons between the laws and legal systems of different countries is considered
to be a valuable exercise.
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2.2 Comparing the Palestinian Labor Law with neighbor countries labor laws:
CHAPTER Palestine Jordan Egypt UAE Turkish
ONE
Working Hours &Weekly Holidays
Weekly Normal  Maximum of 45 hours  The ordinary working  Maximum of 8 Maximum of 8 hours/day  The maximum weekly working
Working Hours hours shall be 8 hours/day or 48 hours or 48 hours per week. time may not exceed 45 hours a
hours/day with a per week. week, with the condition that the
maximum of 48 hours daily working time must not
per week in a six day. exceed eleven hours.
Deduction  The daily working  No reduction of working  No reduction of working  The daily working hours  The daily working hours shall be
hours shall be reduced hours during the month hours during the month shall be reduced in the reduced for a maximum of 7.5
for at least one hour in of Ramadan or for of Ramadan or for hazardous work by the hours for hazardous or night
the hazardous work as hazardous work. hazardous work. Minister of Labour. work, regulated by the Ministry
well as night work.  A reduction of two of Labour and Ministry of
working hours during the Health.
month of Ramadan.
Rest  Rest Break once or  Rest Break once or  Rest Break once or  No employee may work  Depending on working hours:
more. more. more. continually for more thano If working hours were less than
 No employee may  Rest time is excluded  No employee may work 5 hours. four hours, then the break time
work continually for from the total working continually for more  In total, daily rest breaks will not be more than 15 minutes.
more than 5 hours. hours. than 5 hours. shall not exceed one hour.o If working time was about four
 In total, daily rest  In total, daily rest breaks  Rest time is excluded hours, then total break time shall
breaks shall not exceed shall not be less than one from the total working not be more than half an hour.
one hour. hour. hours. o If working hours were not more
 Rest time is not included than 7.5 hours, then break time
in the working hours should not be more than one hour
count. only.
 For hard or exhausting  Rest time is excluded from the
work, worker shall be total working hours given that
granted break periods working time shall not exceed 11
which shall be counted hours per day by any means.
as actual working hours.
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Palestine Jordan Egypt here UAE Turkish

Overtime  Not more than 12  The employee is allowed  Actual working hours,  Overtime must not  The total number of overtime hours
hours a week. to work overtime subject including overtime, shall exceed two hours a day. worked per year may not exceed 270
 A remuneration of to the following not exceed ten hours per  A minimum rate of 1.25 hours.
an hour and a half conditions: day. remuneration of the  Wages for each hour of overtime shall
shall be paid to the  That actual working  The minimum overtime normal rate shall be paid be remunerated at one and a half times
worker for each hours do not exceed ten premiums are 35% of to the worker for each the normal/basic hourly rate.
extra working hour. hours per day, and normal pay for working extra working hour.  In cases where the weekly working
 Overtime is not during daylight.  A minimum rate of 1.50 time has been set by contract at less
applied to more than  70% for work at night remuneration of the basic than forty-five hours, work that
thirty days per year.  100% for work on rest rate shall be paid to the exceeds the average weekly working
 A minimum of 125% of days and holidays worker for each extra time done in conduction with the
the basic wage shall be  Breaks taken in the working hour between 9 principles stated above and which may
paid to the worker for overtime is counted as pm to 4 am. last only up to 45 hours weekly is
each extra working hour. working time as long as deemed to be work at extra hours. In
 A minimum of 150% of the worker stays at the work at extra hours, each extra hour
regular remuneration place of the work. shall be remunerated at one and a
when the employee works quarter times the normal hourly rate.
on weekly holiday,
national holiday, or on
religious holiday
Holiday  Employees will be  Employer will be eligible  Employees will be  Friday is the official paid  Employer will be eligible for a
eligible for 24 hours for one day paid per eligible for 24 hours paid weekly holiday. minimum of 24 hours per week.
paid per week. week. per week.  In case of working on  Holiday pay of an employee is the daily
 Friday is the weekly  Friday is the weekly rest Friday, the employee amount in proportion to the total sum of
rest day unless work day. The Employee may, shall be compensated the day he has worked.
interest requires with the Employers with a substitute day or be  Holiday pay of employee working at a
allocating another approval, combine the paid basic wage for piece or job rate or on percentage basis
day regularly. days of his weekly normal hours plus a shall be calculated by dividing his total
holiday and get a supplement of at least earning within a pay period by the
maximum period of one 50% of that wage. number of days he has worked during
month. that period.
 The holiday pay of an employee
working on an hourly basis is 7.5 times
his hourly rate.
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TWO:
Leaves 
Annual Leave  Employees shall  Employees are  Employees are entitled to  The employee must be granted an Employees shall be
be entitled to two entitled to an annual an annual paid leave of 21 annual leave during each year of entitled to:
weeks paid paid leave of 14 days. days after working for one service which may not be less than:  14 days paid, if worked
annual leave  21 days after five year. o Two days a month, where the for at least one year and
 Three Weeks for successive years of  30 days after ten worker’s period of employment a maximum of five years
hazardous work employment. consecutive years of is more than six months but less  20 days paid, if worked
or after five years  If the worker’s employment or reaching than one year. for more than 5 years
of employment employment is less the age of 50. o 30 days a year, where the and less than 15 years
 The annual leaves than one year, he shall  If the worker’s worker’s period of employment  26 days paid, if worked
may not be be entitled to a leave in employment is less than is more than one year. for 15 years or more.
accumulated for proportion to the one year but more than six  A minimum of 20 days
more than two period he has spent in months, he shall be paid, for employees
years. work. entitled to a leave in below the age of 18 and
 If the annual leave is proportion to the period above the age of 50
not taken at one time, he has spent in work. years.
the part thereof may  The annual leave shall be
not be less, at any increased by seven days
time, than six days . for the workers engaged
in dangerous works.
Official &  Full paid on  If the employee works  Full paid on religious  Each employee is entitled to an official  Full paid on six national
Religious religious and on a religious or and official holidays but leave with full pay on seven occasions, and public holidays and
Leaves official holidays national holiday, he with a maximum of 13 with a total of ten days. not be counted from the
and not be days.  Where it is necessary for the work annual leave.
counted from the must receive interest to put a worker on duty during  If the employee works
annual leave. compensation at a public holidays or days off in respect of instead of observing the
minimum rate of which he is entitled to full or partial holiday, they shall be
150% of his regular pay, he shall be granted substitute leave paid an additional full
remuneration. in respect of such days, plus 50 per cent day’s wage for each day
of his wage. If he is not granted worked.
substitute leave, his employer shall pay
him 150 per cent of his basic wage in
respect of the days worked.
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Palestine Jordan Egypt UAE Turkish

Sick Leave o Employees shall be entitled to o Employees shall be The employee is The employee must report his illness Employees shall be
a full paid sick leave, for a entitled to a full paid entitled to sick leave within a period of two days at most. If entitled to a full paid
period of 14days each year, sick leave, for a every three years in the employee spends over three sick leave, for a
upon providing a report from period of 14days work on the basis of: maximum period of
a medical committee. each year, upon months after completion of the one week each year,
o For another 14 days sick providing a medical o One month full probationary period, in the upon providing a
leave, only half wage is paid. report pay continuous service of employer, and report from a medical
o A further 14 days o The next eight falls sick during this period, he committee.
with full pay can be months with a becomes entitled to a sick leave not
given if the wage equivalent to
75% of his salary, more than 90 days either continuous
employee is or intermittent per each year or
hospitalized and o The
with half pay if it is subsequent three service, as follows:-
based only on a months without o The first 15 days with full pay
report of a medical pay. o The next thirty days with half
committee pay.
o The subsequent period,
without pay.
Hajj Employee are entitled to at least Employee are entitled Employee are entitled May be granted an unpaid, shall not Not Mentioned
Pilgrimage two weeks of paid leave, once to 14 days of paid to one month of paid be counted among other leaves, Hajj
Leave during their period of leave, once during leave, once during Leave for 30 days and only allowed
employment, with the condition their period of their period of once during the employment.
of spending a minimum of five employment, with the employment, with the
years in the firm condition of spending condition of spending
a minimum of five a minimum of five
years years
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Bereavemen  Three days of paid  No mention for Employee may be Not mentioned  Two days of paid
t & bereavement leave on the Bereavement Leave. granted up to six days bereavement leave
Accidental death of immediate and emergency leave, on the death of
Leave second degree of kinship and deducted from his immediate/first
not deducted from his annual annual leave, but the degree of kinship
leave absence shall not and not deducted
 Employee may be granted up continues for more from his annual
to ten days emergency leaves than two consecutive leave
deducted from his annual days on any one  Up to three days’
leave, but the absence shall occasion. leave of absence in
not continues for more than the event of the
three consecutive days at any employee’s
time. marriage
Cultural  One week paid per year Fourteen days per year Not mentioned Not Mentioned
Leaves of paid leave
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THREE:
Remuneratio
n
Time of Employees shall be entitled to a o The wage should be paid The wage shall be paid Employees engaged on The wage shall be paid
payment full paid salary, not be delayed for within a maximum period of in the legally current yearly or monthly in Turkish money:
more than five days from the due seven days from the date of its money: remuneration shall be paid o Yearly or monthly
date and paid in the circulated entitlement. The Employer may o On a monthly basis at least once a month in the remuneration shall be
currency, even in case of the work o At the end of each paid at least once a
not deduct any part, thereof lawfully circulating month
being halted by the employer: week on the basis of
o On a daily basis
except in the cases permitted by national currency. All o All other employees
production unit, on
o On a monthly basis the law. hour, daily or weekly other employees shall shall receive their
o At the end of each week on the basis, if the work receive their remuneration remuneration at least
basis of production unit, on exceeds two weeks at least once every two once every two
hour, daily or weekly basis. period. weeks. weeks.
Payment With the exception of the No amount may be deducted from the In all cases, no No amount may be deducted Deductions must not
Deduction following occasions, no amount Employees wage except in the deduction, retention or from the Employees wage exceed three days’
may be deducted from the following cases: relinquishment shall be except in the following cases: wages in any one
worker’s salary: o Employers recovery of advances made to the employee’s o Implementing a definitive
o Implementing a definitive whereby each instalment recovered wage for the settlement judicial judgment provided
month, or in the case
judicial judgment may not exceed (10%) of the wage. of a debt except within that not more than a quarter of piece work or
o A due loan, but only a o Recovering any amount paid to the the limit of 25% of the of the employee's pay shall amount of work to be
maximum of 10% Employee in excess of his wage. be deducted. done, the wages
deduction entitlement. The deduction o The deduction percentage earned by the
o Fines imposed upon the o A social security instalment percentage may be may be increased to 50% in employee in two days.
worker o Subscriptions relating to services increased to 50% in the the of numerous debts or
o It is not allowed to deduct provided by the Employer as per the case of alimentary debt. creditors
more than 15% of the rates or percentages agreed upon In case of a loan, only a o Repayment of advances paid
worker’s salary when both o Every debt collected in execution of maximum of 10% to the employee in excess of
loan and fines are a judicial judgment. deduction is allowed. his entitlement. Deduction
combined o Sums imposed because of violation must not exceed 10% of the
of the provisions of the regulations, employee's periodic pay.
work contract or in return of the tool o A social security &
damage due to his fault. insurance instalments
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Mulcts o The amount of the fine The Employer may not take any disciplinary  Not to impose a fine  A fine in respect of a  No employee may
shall not exceed the action or impose a fine on the Employee of a on the Employee in single offence may not impose a fine on an
wage of three days per violation not provided for in the penalties list excess of five days exceed remuneration employee’s wage for
which is approved by the Minister, with due wage per month.
month. observance to the following:  The employer shall payable for five days. reasons other than
o Not a disciplinary not impose more than those indicated in the
 Not to impose a fine on the Employee in
action shall be taken one sanction for the  A special register shall collective agreement
excess of three days wage per month or to
against the worker two same infraction. be kept where shall be or the employment
suspend him from work without pay for a
weeks after the date on  No sanction shall be entered all penalties contract. The
period exceeding three days per month as well
which the contravention imposed on the imposed upon employee must be
as be given the opportunity of his defence
is established. worker except after
statement to be listened to prior to imposing
being notified in employees showing notified at once,
o A special register on the the penalty against him. The Employee should
writing of the reason and occasion of together with the
imposed fines shall be have the right to object to the penalty imposed penalty, employee's reason, of any wage
infraction ascribed,
developed. against him before the labour inspector within deduction as fines.
allowing worker to name and his pay.
one week of his notification thereof.
o The worker shall have defend. This shall be  A special account
 No discipline action to be taken or a fine recorded in a form of a
the right to challenge imposed against the Employee for any of the shall be made for this
any disciplinary action report attached to the
violations provided for in the approved workers file. purpose and monthly
or fine imposed against penalties list subsequent to the lapse of fifteen  The employer may total thereof shall be
him or her at the Labour days from the commitment thereof. suspend the worker allocated for
Inspector within one  The Employer or whoever acts of him shall be provisionally from his employees' social
week from the date on penalized by a minimum fine of twenty five work for a period not welfare in accordance
which he or she is thus Dinars and not exceeding one hundred Dinars exceeding sixty days
for every incident wherein a payment below with a decision to be
notified in writing. along with paying his taken by the Minister
the minimum wage established to the wages is wage in full.
made to an Employee in addition to passing of Labour and Social
judgment in favor of the Employee of the Affairs in this respect.
wage difference. The penalty shall be doubled
whenever the violation is repeated.
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Minimu  The Council of Ministers  The Council of Ministers  A national council for  The minimum salary and the  The minimum limits of wages
m Wage shall establish a committee to shall form a Committee wages shall be established cost of living allowances shall be determined every two
be called the “Committee of comprising an equivalent under the chairmanship of payable generally or with years by the Ministry of Labour
Salaries” from an equal number of Representatives the Minister of Planning,
respect to a particular and Social Security through the
number of representatives of for the Ministry, Employees to be concerned with
the Government as well as setting the minimum profession, shall be fixed by Minimum Wage Fixing Board.
and Employers.
employers and workers. wages at the national level, the Minister of Labour and  The Minimum Wage Fixing
 The Council shall appoint a
 The Council of Ministers Chairman, to undertake the
subject to cost of living, Social Affairs and approved Board, to be designated by the
shall appoint a chairperson of and by providing the by the Council of Ministers. Ministry of Labour and Social
fixing of the minimum wages methods and measures,  The Minister's proposal
the Committee from among Security, shall be composed of
estimated in Jordanian guaranteeing the
its members. shall be made either for the General Director of Labour or
currency in general or with realization of balance
 The Committee of Salaries
respect to a certain area or to between wages and prices. description or his deputy, the General Director
shall perform the following
tasks:
a certain profession. The  The council shall also be reconsideration of the of Occupational Health and
1. Examine the public period of membership concerned with setting the minimum pay after Safety or his deputy, the
policies of salaries and thereon shall be two years, minimum periodical consulting with the chairman of the Economic
the extent to which they renewable. annual increments such competent authorities and Statistics Institute of the State
compatible with the  The Employer or whoever that they shall not be less trade agencies if any for Institute for Statistics or his
living standards. acts of him shall be penalized than (7%) of the basic
by a minimum fine of twenty salary on the ground of both employers and deputy, representative of the
2. Determine the minimum
five Dinars and not exceeding which the social insurance employees based on studies Under- Secretariat of Treasury,
limit of salaries, provided
that a decision thereon is one hundred Dinars for every contributions are and schedules of the cost of the head of the relevant
to be issued forth by the incident wherein a payment reckoned. living price fluctuations department of the State Planning
Council of Mini. The below the minimum wage prepared by concerned Organisation or his
Committee of Salaries established to the wages is authorities in the State. representative, five employees’
made to an Employee in
shall convene regularly at
addition to passing judgment  Such minimum pay shall in representatives from different
least once a year. all cases be enough for the branches of activity selected
 The salary of the worker may in favor of the Employee of
the wage difference. The employee's basic needs and
not be less than the minimum
limit which is legally penalty shall be doubled to secure means of living.
approved. whenever the violation is
repeated.
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DISCUSSION
Weekly limits play a significant role in determining the volume of hours worked each week.
As such, they make a substantial contribution towards conserving the worker’s health and
safety as well as allowing workers to balance between work and social lives. A comparison on
working hours reveals that the maximum working hours in a week were 48 hours with 8 hours
a day for all analysed countries except Palestine and Turkey, followed a 45 hours a week
schedule. In addition, apart from Turkey, there are strong similarities across the reviewed
countries with regard to a maximum of ‘one hour’ daily rest during the work-time.
Relevant to working hours, most of the countries under consideration shared a similar structure
with regard to overtime; in that a limit on the maximum number of overtime hours and
payments were specified. In this essence, all studied countries placed a limit on the maximum
number of overtime working hours; commonly, 2 hours over the normal working time in each
working day and for a more flexible setting, 10-12 hours weekly. With the exception of Turkey
overtime limit is based on hours per year. Moreover, legislated rights to overtime premium
vary considerably in different law, but, all based on normal working day pay.
Meanwhile, there is a large consensus on weekly rest. Countries under consideration have
labour law that mandate employers provide certain paid time-off days per year to workers.
Particular provisions that regulate Annual, Official &Religious and Sick leaves were included
in the countries laws considered for comparison; however, it differed from country to country.
For example, in the case of Annual leave, time off rises from two weeks to 30 days as
proportional to the length of the working period and the age of the employee. With the
exception of Palestinian law, it was regulated as14 days per year throughout the work life time.
Religious and official holidays are also guaranteed in laws under review. Employers have
flexibility to schedule workers on public holidays provided that they pay those days at higher
than usual rate. Countries such as UAE and Turkey specified seven and six occasions
respectively, while Egypt set 13 days as a maximum.
In addition to the above mentioned paid holidays, countries also addressed additional leaves
for specific purposes, including ‘Hajj Pilgrimage’, ‘Bereavement & Accidental’ and Cultural
Leaves. For example, Palestine and Jordan guaranteed up to two weeks of paid leave for Hajj
Pilgrimage with the condition of spending a minimum of five years in work. UAE, however,
allows unpaid 30 days for such leave. Egypt law was the most generous with 30 days of paid
leave. Meanwhile, it was totally ignored in the Turkish law. Palestine and Turkey provide
employees with Bereavement leave on the death of specified family members. These
bereavement leaves are paid and last from two to three days. Furthermore, employees are
entitled to emergency leave for up to six and ten days in Palestine and Egypt. Finally, both
Palestine and Jordan introduced up to one and two weeks respectively as cultural paid leave.
Reviewed labour laws also include various provisions regulating remuneration, including
payment time, deduction, mulcts and minimum wages. The salary is payable either every two
weeks or every month based on agreement between parties. Overall, laws under consideration
ascertain that wages payable to labours shall not be delayed or deducted without reason. In case
of deductions, it must be authorized by law, such as definitive judicial judgement, and labour
must be properly informed of such deduction. In addition, laws stipulate that the minimum
wage should be set at a level sufficient to support the employee’s daily needs.
The issue of gender diversity in the labour market has received increasing attention over the
past few years. In particular, explicit clauses have been addressed in Egyptian and Jordanian
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labour laws to promote workplace equality. As the Egyptian labour law stipulates provisions
expressly designed to guarantee non-discrimination against gender, ethnic origin, language or
religion. Meanwhile, the current Jordanian labour law embody more detailed regulations for
working females. Among regulated issues: equal pay, equal opportunity, child care, maternity
leave and nursing hour for one year. The other labor laws did not care considers this issue.
Parental leave largely covered by –laws.
With regard to the protection of workers from hazardous and harmful work, labour Laws
contain several related provisions. Generally, in Palestine, UAE and Turkey laws, the working
hours is reduced at working places with particular work conditions considered harmful to
workers. Meanwhile, Palestine and Egypt offer labour with hazardous one extra week of annual
leave.
In addition, regulations were introduced to protect special groups, women and minors, from
working at night. However, provisions did not regulate special working conditions with adverse
effect on employees in general.
APPLICABILITY
The data required for this study were gathered by a mean of a structured questionnaire survey.
Two questionnaires were designed to uncover both contractors and labour perspectives.
Questionnaires were divided into two main parts. Part one related to general information about
the company and respondent; including a brief background of the company and experience.
Part two addressed questions related to selected Palestinian Labour Law articles including
working hours, wages, rest time and vacations. A total of 170 questionnaire forms (130 among
labour and 40 among contractors) were distributed across five governorates in the Gaza Strip.
As a response, 120 completed labour questionnaires were received representing a return rate of
92%. Meanwhile, a total of 37 questionnaires were filled in/returned by contractors
representing a response rate 92.5 percent. The collected data was then analyzed and tabulated
using the Statistical Package for the Social Sciences (SPSS) Software.
The main characteristics of the populations being sampled were experts’ contractors with more
than ten years of experience in the GS construction industry having a direct and daily
interaction with labour; as 50% of participants held a site engineer position. In addition, the
majority of the respondents have experienced the full spectrum of construction works; such as
sanitary, wood, electrical, plastering and painting, and aluminum. Furthermore, 70% of the
respondents have executed jobs with an average size of more than one million of U.S dollars;
indicating that the most of the surveyed contractors executed large projects. Meanwhile, of
the120 labour participated in the survey, 80% were between age 25 and 35 and more than two
third of respondents had diploma or higher certificate. The number of years the participants
was employed in the construction industry ranged from 5 to 20 years with the average being 8
years.
 Working Hours and Weekly Holidays:
According to the Palestinian Labor Law, working hours of full-time employees may not be
longer than 45 hours per week. Analysis of the application of the working hour’s provision in
practice points to a violation of the law. Results imply that only 29.2% of respondents do not
work for more than 45 hours a week, another 62.5% of workers operate for more than 45 hours
a week, while 8.3% works for less than 45 hours a week. To further bring this issue to fore,
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Vol.3, No.2, pp.55-70, August 2015
respondents were asked to state the daily working hours. Approximately, 68% of the
respondents indicated that they work for ten (10) hours a day and not paid for working beyond
the prescribed 8 hours. In contrast, 32% of the respondents confirmed that they are paid for
working beyond eight (8) hours. Moreover, 40% of respondents claim that they do not have a
daily break, while the reminder (60%) have a daily break. A similar situation is found with the
weakly rest as; 55% of respondents have a weekly rest of 24 hours, while 45% of respondents
work constantly in a week without a single day off.
 Leaves:
Palestinian labour law regulates the field of leaves under which employees are entitled to
various types of leaves including: annual, official & religious, sick, Hajj Pilgrimage,
Bereavement & Accidental and cultural leaves. Apart from the official & religious leaves, were
the study showed that employers are largely complying with the stated requirements, surveyed
evidence indicates that other leave provisions are only partially applied in practice in the
construction industry. On the issue of annual leave, 64.5% of respondents have a paid annual
vacation, while 35.5% does not get a paid vacation by the employer. Additionally, respondents
were asked to state the number of leave days they are entitled to within their firm. Results were
classified into two categories; leave spanning from 1-7 days and between 7-14 days. Of the
total number of those who are given up to 14 days, 75.3% have a paid vacation, while 24.7%
does not get paid vacation by the employer. In addition, across the 24.2% of respondents
confirmed that they are entitled to sick leave, while 52.6% of respondents did not know whether
they could get a sick leave. This result reflects poor compliance among firms as well as a lack
of worker awareness of available leaves.
Participants were further questioned regarding the Hajj Pilgrimage and cultural leaves.
Approximately, 98% of surveyed workers neither enjoyed Hajj Pilgrimage nor annual cultural
leaves. Finally, in response to whether Bereavement leave is paid, 84.3% indicated that their
leave is not paid.
 Remuneration
An important provision in the working conditions is the amount of salary and its payment. In
the construction industry, the average labour wage in the Gaza Strip was found to be $4 per
day. Furthermore, 65.6% of respondents claimed the receipt of regular monthly salary, while
34.4% of respondents do not receive a regular monthly salary. The largest number of
participants whose salaries were paid late stated that the salaries were one month late on
average. Such results indicate great violations of the Palestinian labour law regarding this
provision. llegal non-payment, delayed payment and partial payment of wages remain
commonplace, even routine in the Gaza Strip construction industry.
Conclusion:
Enactment and enforcement of labour law is vital for ensuring full and effective protection of
human rights. This research shows that reviewed countries have developed mechanism to
regulate working conditions within different labour laws, though, the ability to implement these
laws is still under question. Specifically, although the Palestinian labour law laid down an
organic recipe governing working conditions, gaps exists due to limits in its coverage; in
particular, lack of legal penalties of non-compliances.
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Vol.3, No.2, pp.55-70, August 2015
Analysis of the situation in the Gaza Strip construction industry reflects partial enforcement
failure to the Palestinian labour law; such as overtime and payment delay. Similarly, results
suggest that workers are poorly aware of their rights, and due to high unemployment rate and
difficult economic conditions, many employees accept to work under conditions far below the
standards set by the Palestinian Labour Law.
REFERENCES:
Aaken, A. (2014). Behavioral International Law and Economics. 55 Harvard International Law
Journal. University of St. Gallen Law & Economics Working paper No. 2013-21. pp:
421-481.
Docquier, F. (2014). Identifying the effect of institutions on economic growth. Institut de
Recherches Economiques et Sociales (IRES).
International Covenant on Civil and Political Rights, adopted Dec. 19, 1966, 999 U.N.T.S. 171
(entered into force Mar. 23, 1976). The United States ratified the treaty Sept. 8, 1992.
Panizza, U. (2012).Finance and Economic Development." International Development Policy,
Vol.3. pp: 141-160
PCBS (the Palestinian central Bureau of statistics) (2013) “Percentage Distribution of
Employed Person in the Palestinian Territory by Sector and Region”, (2007-2013).
Universal Declaration of Human Rights, General Assembly Resolution 217 A (III), December
10, 1948.
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Global Journal of Politics and Law Research

Vol.3, No.2, pp.55-70, August 2015

REFLECTION ON LABOUR LAW- CONSTRUCTION INDUSTRY BETWEEN

Nadine Nabeel Abu-Shaaban

HISTORY OF THE GAZA STRIP

HISTORICAL EVOLUTION OF THE PALESTINIAN LEGAL SYSTEM

PALESTINIAN LABOUR LAW: AN OVERVIEW

COMPARISON BETWEEN LEGAL FRAMEWORKS

Palestine Jordan Egypt here UAE Turkish

CHAPTER Palestine Jordan Egypt UAE Turkish

Palestine Jordan Egypt UAE Turkish

CHAPTER Palestine Jordan Egypt UAE Turkish

Palestine Jordan Egypt UAE Turkish

Palestine Jordan Egypt UAE Turkish

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