1. PALESTINIAN LABOUR LAW. Ahmed T. Ghadour.

2. FIFTH CHAPTER. WORK’S TERMS AND CONDITIONS.

3. SECTION THREE WAGES.

4.  Article (81)  The worker shall be entitled to a wage in case he/she was present at the workplace even if he/she did not perform a work for reasons related to the installation.  Article (82)  1. The wage shall be paid to the worker using the circulated legal currency, provided that the payment is conducted according to the following: a) On the working days and in the workplace. b) At the end of each month in relation to workers paid based on a monthly wage. c) At the end of each week in relation to workers, working on unit production or hourly or daily or weekly basis.  2. The worker’s wage payment may not be delayed for a period exceeding five days from the wage regular payment date.

5. THE RIGHT OF WAGE.  The worker has the legal right to receive his/her wage merely for his/ her presence in the work instillation, neither he/she has an actual work or non, whenever he/she fit and ready for the job.  The wage here is according to article (1) of the law; The full wage, which includes the basic wage, added to it the applicable bonuses and allowances.  The employer must the worker less than the minimum wage limit.  This article did not determine any way to solve any dispute between the parties upon the worker wage how to appoint it.

6.  Article 82 tackled; the issue of the payment of the wages by using the circulated legal currency, first to be paid on the working days and in the workplace or instillation, according the following order.  1. At the end of each month for the monthly paid workers.  2. At the end of each week for the hourly, daily and weekly workers.  Secondly; wages payment may not be delayed for more than five days from its normal date.

7.  Article (83)  1. With the exception of the following, no amounts may be deducted from the worker’s wage: a) In pursuance of a final judicial judgment. b) For any loan due for the employer, provided that each deduction does not exceed (10%) of the related worker’s basic wage. c) The fines imposed upon the worker in pursuance to the provisions of this Law or the regulations issued according to it.  2. The total of deductions made under subparagraphs (b and c) in Paragraph (1) above may not exceed (15%) of the worker’s basic wage.

8. LEGAL DEDUCTIONS.  Any deduction must be according to:  1. a final legal judgment, and must not exceed more than 10% of the worker basic wage.  2. employer’s loan, also a payment not more 10%.  3. fine imposed upon the worker.  The total deductions (b &C) should not be more 15%, and no one or authority can impose anther deduction upon any worker.

9.  Article (84)  1. The employer may not take any disciplinary measure or impose a fine against the worker except for committing an infraction, which is stipulated in the penalties list, that is approved by the Ministry. The following shall be taken into consideration: a) The amount of the fine not exceed three days wage per month. b) No disciplinary action shall be taken against the worker after the lapse of two weeks after the date the infraction was proved to have taken place. c) A special register related to the imposed fines has to be organized. It shall include the name of the related worker, the amount of his/ wage, and the reasons behind fining him/her. d) The fines’ amounts shall be dedicated for social labour services at the installation.  2. The worker shall have the right to dispute any disciplinary action or fine imposed on him/her before the Labour Inspector within one week from the date on which he/she was notified of the fact in writing.

10. FINES & DISCIPLINARY MEASURES.  This article cleared a fine as a disciplinary measure, but what about the rest of these measures?  There are four disciplinary measures:  1. Warning.  2. Fines.  3.Temporary prevention of work.  4. Discharge without notice.  The fine conditions are:  A) for an infraction mentioned in the punishment list.  B) the fine is not more three days wage.  C) not after two weeks of the infraction.  D) the worker have the right to appeal within a week of an written notice.

11.  Article (85)  In accordance with the provisions of the Law, the worker’s wage shall be considered as a privileged debt.  Article (86)  1. Based upon a recommendation by the Minister, the Council of Ministers shall establish a committee to be called the “Committee on Wages”. Such committee shall be composed o an equal number of representatives of the Government, the employers and the workers.  2. The employers and workers union organisations shall assume the responsibility of nominating their representatives on the Committee.  3. The Council of Ministers shall appoint the Committee’s chairperson from among its members.  4. The Committee shall have the right to seek assistance from those whom it deems appropriate in order to accomplish its functions.

12. THE WORKER’S DEBIT / THE WAGES COMMITTEE.  The workers debits have the preference before other ordinary debits on the employer.  Article 86 cleared the composition of the Committee on Wages, according to the Minister recommendation.

13. THE STRUCTURE & FUNCTION OF THE COMMITTEE ON WAGES

14.  Article (87)  The Committee on Wages shall perform the following functions:  1. Examine the public policies related to wages and the extent it is compatible with the living standards in addition to submitting recommendations in this regard to the Council of Ministers.  2. Determine the minimum wage limit which has to be issued through a decision by the Council of Ministers.  Article (88)  The Committee on Wages shall convene on regular basis at least once a year. It shall also convene when necessary based upon a request by its chairperson or by representatives of any of its three parties.  Article (89)  The wage of the worker may not be less than the legally approved minimum wage limit.

15. SECTION FOUR OCCUPATIONAL SAFETY AND HEALTH.

16.  Article (90)  Based upon a suggestion proposed by the Minister in coordination with the competent authorities, the Council of Ministers shall issue the regulations governing the occupational safety and health and work environment. Such regulations shall in particular include the following:  1. Personal protection and prevention methods for workers from the work hazards and occupational diseases.  2. The necessary health conditions that should be present at the workplaces.  3. first medical aid means provided for workers at the installation.  4. The periodical medical examination of workers.

17.  Article (91)  According to the provisions of this Law and the regulations issued according to it, the installation shall issue the instructions on occupational safety and health in addition to the list of penalties related to such instructions. Both the instructions and the list shall be approved by the Ministry. Such instructions shall be posted on visible locations at the installation.

18.  Article (92)  No installation shall make the worker bear any expenditures or deductions from his/her wage in return for the provision of the conditions related to occupational safety and health.