Abbas Committee Report on Palestinian Workers Union

7/31/2019 Abbas Committee Report on Palestinian Workers Union

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7/31/2019 Abbas Committee Report on Palestinian Workers Union

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A report issued by the committee which Mahmoud Abbas charged to study the situation in theWorkers Union

The committee met in order to study the legal and practical situation in the public sector workers

union. Also, they met to discuss the key ways to treat the irresponsibility in the civil and public

services which is caused by the unilateral decisions taken by the union council officials. Afterreviewing the Palestinian basic law, the civil service law, labor law, law no. 5 of 2008, and alllaws related to this subject, as well as checking the legal basis for the union, the committee found

that:

1. The union is considered a professional association which should be formed according to aspecial law by itself like any other professional union. This does not exist in the workers union.

2. The civil service law no. 4 of 2005 was devoid of any text that allows formation of a

union for workers in the public services. This means the legislature intended that if workers inthe (Palestinian) National Authority were allowed to form a union, their loyalty would not be to

public service, and this will create disharmony between the unions body and work systems inthe public services. However, this will lead to a full paralysis in the public services` facilities,

and we believe that if formatting a union was allowed, there must be a clear text in the civilservice law.

3. After research and investigation, the committee found that the same number of the

union's council is registered in a foreign charity association with the Ministry of Interior underthe name of "Governmental workers association." After studying the associations law, the

committee found that this registration violates the law beginning with the objectives and goalswhich are quite different from the goals of this association. They were not supposed to register in

this association.

4. They also found that the minister of the interior had issued a resolution to cancel theregistration in this association on 29/3/2011. He also ordered to liquidate it according with the

assets, but he did not follow up the matter. Hence, the association is not registered in theMinistry of Interior.

5. They also found that this association is not registered in the Ministry of Labor, and it has

no license. But it is found that this group has created an internal system called "the basic law ofthe union of workers in the public and civil service." According to what has been stated by the

minister of labor, the ministry's role was limited in only attending the conference in terms ofprocedural act.

The legal outcome:

There is no legal body or organized legal frame for the so-called "workers union for the public

services."

Suggestions and recommendations:

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Although there is no legal body for the union, from a practical and realistic view this body hasacquired its position through the status quo.

The committee suggests that:

1. The ministries council should issue a resolution in order to apply the provisions of LawNo. 5 (2008) on organizing exercises on the right to strike.

2. The general personnel council should issue a declaration which indicates that thespokesman of the union has no legal position.

3. The minister of interior should issue an advertisement indicating that the so-called

workers union does not exist according to the ministry of interior or any other regulations.

4. After finding a number of administrative and financial violations, the minister of laborshould transmit these violations to the competent authorities in order to begin an investigation.

5. Committee members kindly request that President Mahmoud Abbas deal with this matter

according to the procedures of the Fatah party, in terms of the harm inflicted on the Fatahleadership through media statements and opposition to PA policies, and creation of a state of

chaos and confusion in Palestinian public opinion, and calling into question the abilities of thePA in world opinion.

6. The committee hopes after the president's approval of (these) suggestions, to transmit

them to the competent authorities in order to start implementing them.