Labor Negotiations & Disputes

More and more often, new immigrants (new to the Israeli work force) are having a hard time understanding the system, but above all they are having a terrible experience with the Israeli Employer’s Mentality (IEM).

Unlike in many other countries, our legal system is extremely political. Our labor laws were dictated from the beginning of the Nation, by a very strong labor union (“Histadrut”) that is still the strongest entity regarding the work force in Israel. The “Histadrut” is a militant organization and has an enormous amount of power. That is why one should look for help from the nearest “Histadrut” office even before consulting a lawyer.

The service is free but do not expect miracles from them. Sometimes the only way to solve your problem is through a lawyer who can navigate the labor laws in our existing legal system.

In the “Histadrut” you can find extremely competent people with a lot of experience and deep understanding of the legal system, as well as with the practical side of the system. These people are not lawyers but they know what they are doing – trust them.

If you can avoid court rooms – do it (even if you have to compromise)! A court room is the last place you want to find yourself if you do not know the language and the IEM. You will be surprised to find out how “tricky and smart” employers can be.

Can you protect yourself better?

You can and you should – it is easy and does not involve costs but rather an ORGANIZED (even meticulous) state of mind. Remember that in the end it will be your word against your employer’s and the burden of proof will be on your shoulders as a plaintiff!

When you start a new job it is like starting a new life. Below you will find a brief, not exhaustive, list of what you should or should not do when starting a new job.

Grow step by step with patience - do not use shortcuts. Try to be patient because in Israel, time is not what you think it is! Time is just a “framework”.

For example: Your employer promises you a “raise within three months or at the end of an experimental period of three months” (this is the practice and happens very often when starting a new job with a new employer). At the end of this period you expect the employer to call you and talk about the raise right? Wrong! Most likely it will not happen and you are the one who will have to “refresh his memory” after a much longer period than three months because no one really meant it to be exactly three months!

Do not be surprised if your employer is very happy with you but won’t give you that raise! Do not be surprised to learn that your employer has no record of that conversation: “Raise? What raise?”

Do not be shocked to learn that he is not even aware of the breach of the “promise” because he meant “in general terms” – nothing else – this is part of the IEM.

This is the sad reality but do not despair: you can accomplish more if you are well organized and assertive.

Write down everything in a special diary – From the very beginning try to have every “promise” as part of your written contract. Do not rely on “promises”, only on written word. If your employer refuses to have it written down and you really want that job; act as follows:

Have every step of the negotiation on tape (the “nano technology” is out there to be used) and if you cannot do it (it is legal to have a conversation recorded if you are taking part in that conversation), then just write down everything in a special diary. Try to have a friend with you in the negotiation process because a witness is always good.

There is no need to ask for your legal rights as an employee – The law in Israel was created to defend you as an employee! You do not have to ask for vacation days, sick days, “Havra’a” or any other right by law – they are all given to you automatically and even if you and your employer agree on waiving these rights (in exchange for a better salary, for example), you will still be entitled to receive them because they are not negotiable. Reminding the employer of, or negotiating, rights that are already yours will certainly jeopardize the negotiations and anger your new employer.

Record every hour you have worked – There is no other way to prove the hours you have worked if there is no time machine in your workplace. In court a well-organized log book may be accepted as evidence. Write down not only the total hours you have worked on a certain day, but also when you came in and when you left. Keep track of the days you missed or were sick. Write down any extraordinary event and keep a copy of this diary at home.

Email account – If you exchange emails with your employer regarding your job (negotiations, disagreements, etc.) keep them in a separate file and make a backup file on your computer, in your private email (e.g., blind copy your personal home email address on the correspondence). In cases where you are only using the employer’s email account it could be shut down unexpectedly and then you will not have access to the emails or to the files.

Do not procrastinate – If there are unresolved issues do not let these issues wait for a resolution. If you are not being refunded for travel expenses you must have every detail in writing! Send emails or letters to the accounting department (not only phone calls). If you are to be paid for “Avra’a” or any other benefits – ask in advance when it will be paid and keep track of the payment.

A word of wisdom:

Not every workplace has an accounting department, head of Human Resources or a time clock device, but every workplace has at least one direct “boss”, one person who is responsible for you. This is your person! Not the guy on the top of the pyramid! You should have good relations with your direct boss and should deal with him/her regarding any issues that may arise. Never override his/her authority unless absolutely necessary!

A workplace is a kind of “human interaction laboratory” where you are part of a delicate and intricate experiment. Every day will bring you new challenges, new opportunities and also potential new labor disputes and disagreements with your co-workers and bosses.

Your main goal should be:

Float on the surface; rather than try to “educate” your co-workers or change the world’s order at your workplace.

The more you understand the “psychology” of your workplace, the better you will integrate into your workplace culture, causing a large improvement in the employer-employee relationship.

A final word of advice:

Before you make a decision “in the heat of the moment” to leave your workplace, think twice about your options, the State of Israel`s labor market and above all: think about the future – yours and your family’s financial needs. Take time out and do not make any reckless decisions.

Sincerely,
 

Tzvi Szajnbrum, Attorney at Law