Your Rights as an Employee

Introduction

As elsewhere in the world, in Israel we also have labor laws of all kinds. The range of issues in these laws is wide and most of the clauses are clear.

The question is: Do the employers respect these laws and regulations? Does the legal system implement them? How can you make sure your rights are being respected?

The answer is simple: The more you are aware of your rights, the more you will be given what is yours by law and the system will be on your side. The more you know, the better prepared you will be.

Remember! The rights you have come with the obligations you have as an employee.

The Wage and the Contract

Wages are always a result of a contract between the employer and the employee. If you are offered a certain job with a specific wage and you agree – your acceptance makes the contract.

There are different types of contracts (see Reading the Small Print) that are not necessarily written, but under no circumstances can a contract void, diminish, waive or cancel the rights you have by law.

One of these rights is the minimum wage. The minimum wage is stipulated by law for every category of people and working hours such as: total regular hours of work, extra hours, working days, holidays worked, resting for a minimum period during the day, work for minors, etc.

In case of any doubt or questions, please consult us.

Working Hours and Payment for Extra Hours

The law and regulations differs for every category of people or type of work. A minor can’t work more than a certain amount of hours per day and a mother, depending on where she works, will have a different frame work.

With almost no exception, the worker is entitled to overtime payment except when the contract is a “global hours contract”. The percentage of salary to be added depends on different factors such as: how many more extra hours the worker did on that day, at what time (night or day), at what day of the week (weekend, Saturdays or Holidays), etc.

Yearly Vacations

Every worker is entitled to a certain numbers of vacation days a year. Depending on the case, the employee cannot receive money instead of a vacation. He must leave on vacation. The number of days varies from 10 to 14 (and more) but we are talking about work days of vacation not including Saturdays and Holidays.  

Convalescence Days (Dmei Avra’a)

Although the translation sounds like a payment after the worker was sick, this is not so. This is part of the rights you receive, sick or not. It is paid once a year (generally in the summer). The number of days varies between 5 to 7 (sometimes more) and every day equals a certain amount of money added to the salary.

Holiday Pay

Every worker is entitled to receive his monthly salary, regardless of the actual number of days he worked. In Israel this is very important especially in the High Holiday season when one may work 18 days out of the month but receive a full salary.

Dismissal Compensation (when fired by the employer)

The worker is entitled to one month of severance pay for every year he worked (please consult us in any case because sometimes even less than 11 months is considered a full year) as compensation.

This is one of the most problematic issues in labor cases. For example, if you quit your job, you can still be considered as fired or dismissed. When a worker is abused in any way, the law considers him as “fired or dismissed” by the employer, which will entitle the employee to compensation.

By moving (relocation) to another dwelling farther than 40 kilometers (25 miles), the worker is also entitled to compensation (of course only if he stops working in the same place).

There are many more examples and one should always consult before reaching any conclusions.

Advance Notice

When fired or dismissed for any reason, the employee is entitled to advance notice. It could be a short period of a few days up to a month (depending who your employers is, it is an average of 14 days). During this period the worker must come (and work) every day for a certain period of hours, thereby allowing him to look for another job. In most cases in Israel you are not requested to work and your salary is paid anyway.

Pension Fund

By the new Israeli law, after 6 months you must have a pension fund from your work place.

Conclusion

This document is not a complete guide of the rights a worker has in Israel. It is only a brief synopsis of the main issues that employees deal with.

Please feel free to consult with us at any time. Remember! This is a free consultation and it may save you a lot of money.
 

Tzvi Szajnbrum, Attorney at Law

Related Law: See Freedom of Occupation