Does Palestinian Law Protect Workers on Digital Platforms and Delivery Services? The Ministry of Labor Responds to SadaNews

Exclusive to SadaNews - Amid rising unemployment rates and growing reliance on digital platforms and delivery services as alternative sources of income, thousands of Palestinians working in the digital market face a fragile legal reality that lacks protection and regulation. Between the absence of formal contracts and job insecurity, there is an urgent need for legislative intervention to restore dignity to this growing category of workers.

"SadaNews" initiated the discussion with the Palestinian Ministry of Labor, which provided details revealing new directions towards regulating this vital sector, with an official confirmation that workers on digital platforms are not outside the law's framework, but questions remain: Is this protection sufficient? Does the law keep pace with the developments in the digital labor market?

In recent years, there has been a noticeable increase in demand for work in smart transportation applications, as these platforms provide alternative opportunities for unemployed youth or those looking to improve their living conditions, especially amid rising living costs and the basic necessities' expenditure demands.

Digital jobs in the West Bank vary from food and goods delivery services, to working through smart transportation applications, as well as technical and creative work accomplished remotely, such as programming, design, translation, and online marketing. Although these jobs represent a primary source of income for thousands of youth, the absence of formal contracts and their exclusion from Palestinian labor law render them vulnerable to arbitrary dismissal and losing their livelihoods without any notice or compensation.

Human rights reports indicate that thousands of workers in the West Bank engage in digital work without any legal or social guarantees, such as health insurance or protection against arbitrary dismissal. Moreover, these workers lack any professional or union organizational umbrella that defends their rights or represents them in negotiations, exacerbating their vulnerability compared to those in traditional sectors.

Legal Gaps in Current Legislation

SadaNews explored the current Palestinian labor law and found that it does not include any specific definition or regulation for work through digital platforms. In other words, there is no legal text that explicitly defines the rights and obligations of workers who operate through digital platforms or regulates labor relations in this type of work.

The current law addresses traditional work aspects such as contracts, working hours, vacations, and minimum wage, but it does not keep pace with the rapid developments in the digital labor market, creating a significant legal gap in protecting the rights of workers in this sector.

In light of this reality, there is an urgent need to amend the Palestinian labor law or to issue special legislation to regulate work through digital platforms, ensuring the rights of workers, defining the responsibilities of platform owners, and providing them with the necessary legal and social protection in case of any disputes.

Steps by the Ministry of Labor Towards Regulating Digital Work in Palestine

In an exclusive statement to SadaNews, the Palestinian Ministry of Labor addressed the question regarding the exclusion of digital workers from the current labor law and whether there is an intention to amend it soon. The ministry clarified that it has initiated a comprehensive review of the Palestinian labor law No. (7) of 2000, which has not seen any updates since its approval, which explains the absence of terms and concepts related to the digital labor market in its current texts.

It added that the proposed amendments cover various provisions of the law, and came based on observations and suggestions provided by production parties and the International Labour Organization, as well as relevant civil society organizations. Non-traditional work patterns were taken into consideration, especially those that became evident during the Corona pandemic, including work through digital platforms.

The ministry confirmed that there is a joint approach between it and partners to conduct a review of the labor law texts and to amend them with the support of the International Labour Organization, after which legal protection for digital workers will be provided.

In the context of efforts to organize the reality of workers through smart platforms, especially in the fields of delivery services and freelance work in information technology and design sectors, the Palestinian Ministry of Labor stated that the exclusion of digital workers from the current labor law is due to two main reasons. First, the Palestinian labor law No. (7) of 2000 is currently undergoing a comprehensive amendment process within the framework of social dialogue with production parties, and the proposed amendments have addressed non-traditional work patterns, as previously indicated.

Second, this type of work is classified under the concept of "remote work," which is a broader term than "digital work," encompassing the internet as one of the most prominent modern job markets.

The Ministry of Labor stated: "As a first step towards framing national commitments towards this category, Palestine submitted a recommendation to the Arab Labour Organization regarding the regulation of remote work and digital work in late 2024. The ministry is currently awaiting the approval of the Cabinet on this recommendation, in preparation for transforming it into implementable policies or legislation."

In line with the government's approach to reviewing labor law, the ministry is studying the inclusion of clear definitions and legal organization for digital work, including work through platforms, freelance work, and remote work. This study also includes ways to provide social protection for workers, determining the minimum wage, and ensuring compliance with occupational safety and health standards.

The ministry is currently working on preliminary proposals to amend the Palestinian labor law No. (7) of 2000, which will include what pertains to digital workers, based on best international practices (such as ILO Convention No. 177) and ILO Recommendation No. 198, and the Arab Labour Organization Recommendation.

Ministry of Labor: The prevailing belief that these workers are not covered by the law is incorrect

The Ministry of Labor stated that "The valid labor law applies to all workers who are covered by its provisions as long as they are not subject to the exceptions mentioned in Article (3) of the law. This means that workers in technology, software, and remote work are subject to the valid labor law and are afforded the same legal protection as any other worker according to the stereotypical image of a worker. The criterion for establishing a labor relationship to subject it to the labor law is the (existence of dependency and supervision) element, and the realization of this element is what includes the worker under the provisions of the labor law. The absence of this element subjects the person to other legislations and not to the labor law. Therefore, the prevailing belief that these workers are not covered by the law is incorrect."

It added to SadaNews: "The absence of social protection is not a reality that should be accepted, but rather a problem requiring solutions through legal, institutional, and operational tools. The Ministry of Labor is committed to providing protection for all workers in the labor market, including digital workers."

Support for Union Organization of Workers on Digital Platforms

The Palestinian Ministry of Labor affirmed its belief in the importance of organizing the informal sectors, at the forefront of which is the digital platform work sector, through the formation of union bodies or professional federations representing the workers in this sector. The ministry sees that bringing workers together within effective collective frameworks is a fundamental step towards empowering them to express their interests, participate in collective bargaining, and contribute to the formulation of related policies and legislations.

This vision aligns with the provisions of the Palestinian Basic Law which guarantees freedom of union activity, and with the labor law that supports the establishment of professional organizations. However, the ministry clarified that freelance work, if it does not meet the criteria for establishing a labor relationship, is not subjected to the Palestinian labor law, necessitating thinking about new organizational mechanisms that ensure the representation and protection of this category within an appropriate legal framework.

Data on Workers in the Digital Platform Economy

Regarding the number of workers in the digital platform economy, the Ministry of Labor indicated to SadaNews that it currently does not possess accurate figures, but it is currently working on developing a national database that includes workers in the local market, including those engaged in digital work.

The ministry seeks to achieve this by signing memoranda of understanding with Palestinian universities, aiming to retrieve and continuously update data on graduates, which will be used to connect graduates with training and employment programs, directing them towards suitable job opportunities.

The ministry has included digital work among national employment policy priorities, in line with its vision for comprehensive digital transformation, which is a fundamental pillar in developing the Palestinian labor market and enhancing sustainable employment opportunities.

In this context, the ministry confirmed that it does not view digital workers as a transient phenomenon but as part of the essential component of the national digital transformation, indicating the development of a comprehensive national proposal to regulate remote work based on the Arab Labour Organization's direction signed in late 2024.

The ministry is also working to support the formation of committees, unions, and federations for digital workers as a principal entry point to organizing this sector and is working in partnership with universities to build a national database of workers through the platforms.

In its conversation with SadaNews, the Ministry of Labor stated: "We recognize that creating local digital platforms that respect decent work standards is the only way to organize this sector, and we are striving, through the Ministry of Labor, to provide the appropriate legal, institutional, and financial environment to organize this sector in coordination with government entities, the private sector, and the Palestinian Employment Fund."

What challenges face the issuance of specific legislation for digital work?

The Palestinian Ministry of Labor, in response to a question from SadaNews, stated that issuing specific legislation for digital work faces several challenges, including the difficulty of inspection and oversight, the lack of accurate data on workers in this sector, many of whom work with the informal sector, and most importantly, the contractual relationship between the two parties is cloudy, as for labor law to be applicable, the following conditions must be met: wage, work, dependency relationship, meaning the worker must be under the supervision and monitoring of the employer, and herein lies the dilemma (how to provide the dependency element and what are its limits in remote work), all of this will be discussed by the team that will be formed to amend the labor law texts.

Field Testimonials: An Uncertain Future

"M.M" (30 years old), a delivery worker via a famous application, says: Most workers in this field are university students who buy their cars on installments and fear sudden dismissal, especially from unlicensed companies.

One electronics engineering graduate, who works in programming online, adds: I have been working for more than two years without any formal contract or entity guaranteeing the continuity of my work; the tasks are temporary, and cooperation can be terminated at any moment without notice or compensation, which makes me feel a lack of job security.

Conclusion

Although work through digital platforms represents an important economic outlet for thousands of Palestinians, the absence of legal and regulatory frameworks threatens the sustainability of this sector and deepens the crises of the informal economy, reinforcing the absence of digital social justice. Keeping pace with this transformation requires urgent legislative intervention that ensures workers' rights and enhances the stability of the Palestinian labor market.