The Rules of the Compensation for Work Injuries at Palestinian Labor Law: Comparative study

The Rules of the Compensation for Work Injuries at Palestinian Labor Law: Comparative study PDF

Manar Hilmi Abdallh Adawi

Supervisor(s)

Dr: Hussein Mashaqi -

Discussion Commity

184 صفحة

Abstract :

Abstract This study aimed to identify all topics related work injuries whether legislation or jurisprudence or eliminate, using the analytical comparative among method the many laws and regulations. The study is a serious attempt to meet the shortfall in previous studies on this subject, which made me look at many of legislation, regulations and resolutions, to analyze the provisions of the Labor Law and the Palestinian statement its pros and through comparison, as well as to clarify ambiguities and deficiencies in the existing provisions . This research includes two chapters : chapter I divided into three Detectives thesis dealt with in the first basic responsibility of a compensation for work injuries and compensation within the scientific study of legal jurisprudence detailed and progression and evolution fiqh in this matter impartial, It then moved to the second thesis clarified the scope of responsibility and the absence thereof and forgiveness, then separated in the third thesis concept work accidents and injuries rationale for the guarantee, namely : an occupational illness and road accident, accident, stress and fatigue shown by-case basis, in terms of its concept and conditions and components, to know when considered each case the previous injury, and the proof of this matter. Chapter II focused on : procedures to be followed in case of injury where text of the legislation Palestinian and Jordanian and Egyptian expressly procedures to be followed in case of injury, leaving the matter to the doctrine and diligence in order to protect the workers, Rather, it was the Ministry of Labor to supplement the texts of laws setting-for example - means ambulance due Availability in the workplace, and the availability of information due to notices sent by the employer to the Ministry of Labor. Turning in the second thesis to the obligations of the employer, and of the duty of industrial injury insurance and medical treatment and to transport the injured to the Center for treatment, and transition expenses of the injured to the place of treatment, and the third thesis is the centerpiece, which is based upon research, The ultimate goal sought by the worker or his heirs, and to obtain compensation, whether in the event of death or disability than me to the division of this research to several demands, the first requirement Search of the daily disruption in concept and nature and the mechanism of self and wage approved for him. The second requirement and the third Vikelmet them on the macro and micro disability and death allowances, and all provisions relating thereto, and synchronize with the topic of another medical committees and their role in determining the proportion of the deficit. Terminated research scholarships in the fourth revolves around guarantees for the protection of worker rights and settlement mechanism rights, and consequences of the sanctions for breach of the employer's obligations. One of the most significant findings : 1 - There is ambiguity and lack opposes significant provisions of the Labor Code Palestinian and Jordanian well. 2 - The Insurance Act provided greater protection for workers in many respects, 3 - reflect reality theoretical and practical failure of the Palestinian Ministry of Labor, where they have not passed all regulations to complement the Labor Law, especially for work-related injuries but few, as well as ignorance of the laborers of Palestine labor law and the rights deriving them. One of the most important recommendations of the work must be to speed up the application of the Social Security Act, as it provides greater protection for workers, especially in the context of work injuries, and then suggested the establishment of a special fund for compensation for work injuries in Palestine similar to the compensation fund road accidents.

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