employee

Employee’s rights on employer’s bankrupcy

Moshe

The law protecting employee’s rights in bankruptcy or liquidation of a corporation.

The law for security of employee’s rights when an employer goes bankrupt or when a court verdict orders the liquidation of a corporation came into being in 1975, in order to protect employees whose rights have been compromised due to difficulties the employer has come into and as a result of these difficulties a bankruptcy or liquidation order has been issued by a court of law.
This law is defined specifically in Chapter 8 of the Social security law.

According to this law, a salaried employee whose employer has declared bankrupcy or the company he has worked for has been liquidated, is entitled to payment for salary and severance pay that the employer owes him, up to the ceiling of the stipend as determined by the law. The employee is also eligible  that Social security transfer monies owed to his pension or savings plan if the employer has not deposited the required amounts owed (all or some).

 

Who is eligible ?

  1.  Salaried employees that their employer has declared bankruptcy or salaried employees that a court has issued a liquidation order against their employer (provided the employer is a corporation)
  2.  Pension/ Gemel fund if the employer owes money to a fund that the employee is ensured with.
  3.  Member of a co-operative who has been a member of a Kibbutz or a collaborative Moshav for at least 7 years
  4. An employee’s next of kin if an employee passed away before the benefit owed him was paid, his next of kin are eligible to receive the debt for salary and severance pay.
  5. Foreign workers / Yehuda – Shomron workers are eligible provided they have legal and valid work permits and visa. Illegal aliens are not eligible.
Note: An update to this law states that in projects that occurred from Jan 1, 2004 employees with controlling interests in a company are not eligible.

 

Conditions of eligibility

The benefit will be paid to a salaried employee if the following conditions are met:

A) A District court has issued a bankruptcy order or liquidation order to a company, co-operative, collaborative or Non-profit organization.

B) A district court has appointed a Trustee or liquidator to above.

C) The details of the employee’s claim have been acknowledged by the trustee or liquidator of the company.

 

How is the benefit calculated ?

An employee whose employer has been issued a bankruptcy order or liquidation order is eligible to receive a benefit from Social security, which includes amounts of salary owed him, that haven’t been paid by the employer and also amounts of severance pay that have no coverage in a pension / Gemel fund.

The benefit will be paid up to a ceiling of 79,750 sh for court orders issued up until July 31, 2009 or 103,675 sh for orders issued from August 1, 2009 onwards.

The amount of the benefit will include linkage from the date the debt was incurred until the payment date by Social security.

 

Salary items that are taken into account

  1.  Salary: according to section 1 of the protection of salary law that hasn’t been paid by the employer to an employee until the date he ceased work.Itemized salary that will be taken into account include: Base salary, overtime hours, premiums, bonuses, commissions, and any additions that are paid due to effort, or  departmental or professional reasons.The salary to be taken into account will not be less than minimum wage owed the employee according to his percentage of position (full-time, part-time). A benefit that is calculated according to minimum wage will be calculated for a period of up to 12 months.
  2.  Buyout of accrued vacation day balance: payment for the number of accrued and unused vacation days up until the date he ceased work, as they appear on his last pay slip, up to the maximum number of days that can be accrued by law and subject to the Annual vacation law. 
  3. Havra’a (convalesence pay): the part that was not paid to the employer up until the date he ceased work and for the last two years.

  4. Clothing stipend:  the part that was not paid to the employer up until the date he ceased work and for the last year (relevant only in places of employment where this stipend is paid – usually public sector only)
  5. 13th salary: the part that was not paid to the employer up until the date he ceased work and for the last year (relevant only in places of employment where this stipend is paid – usually public sector only)
  6. Value of advance notice: employees whose employer did not pay them the value of advance notice will be eligible to receive as part of the benefit, according to the Advance notice for termination and resignation law (2001).
  7. Employer’s portion towards pension: employees whose employer did not open a pension plan for them as required by law are eligible to claim the employer’s portion of 6% of the base salary and for a period that will not exceed 12 months after employer-employee relations were severed.Note: Any other itemized items on the payslip can be included as well, as long as they fit the definition of salary. Items that will not be included in the calculation of the benefit (for example) refunded car or telephone expenses, etc.
How do I apply for the benefit

The claim for a benefit is to be sent to the court-appointed Trustee or liquidator only and not to Social Security on a form 5305/bl (original only) along with documents to back up the claim. The form is available online on Social Security’s website: www.btl.gov.il or at  Social Security’s Head office in Jerusalem –  branch office (located behind Binyanei Hauma – 13 weizman st. Tel 02-6463020).

The appointed trustee or liquidator has approved the claim he will send it to Social Security’s head office.

Applications for claims relating to pension /gemel funds are to be submitted to the trustee or liquidator by the fund.

 

Tips

  • Always keep a copy of all documents for your own records
  • Never submit original documents, make photocopies of payslips, contract, etc to attach to the claim.
  • Send the claim to the trustee /  liquidator via registered mail with proof of delivery or submit in person and get them to stamp your copy “received” with the date on it.
  • Social Security recommends filling out the claim form in detail and accurately in order to avoid unnecessary delay in processing your claim.

 

Source:  Social Security (Bituach Leumi)

 

 

New court verdict: resigning employee directed to reimburse company for training costs

Moshe

In a recent labor court ruling, an employee who had signed a contract for a commitment period of 12 months (minimum) and actually resigned after 4 months was instructed to reimburse the employer for the cost of training (prorated for the part of the commitment that wasn’t fulfilled – i.e. 8 months)

Garnished Wages – updated

Moshe

As of Jan 1st, 2012 the amounts exempt from  garnished wages have been updated as follows:

single – 2,093 sh

widower/divorced/single parent + 1 child – 3,384 sh

widower/divorced/single parent + 2 or more children – 4,221 sh

couple – 3,139 sh

couple + 1 child – 3,641 sh

couple + 2 or more children – 4,143 sh

 

Notes:

1) The above amounts do not apply to garnished wages for alimony.

2) Should the above amounts be more than 80% of the monthly salary (after deductions for income tax and social security and health tax) the amount exempt shall be reduced to 80% of the actual monthly salary.

 

source: protection of salary law, 1958 update 2012

 

 

How to understand your payslip – a guide for the perplexed

Moshe

Here is an explanation of the Israeli payslip for the perplexed: Broken down into color-coded sections. This article was a guest post I wrote for www.israemploy.net in 2010.
http://www.israemploy.net/The_Israeli_Pay_Slip_/

The Israeli Pay Slip – An in-depth Explanation for the Perplexed

For those of you that are working in Israel, or have worked in the past, trying to decipher your pay slip is one of the most complicated things you will experience in the workplace, right up there with understanding how to use the coffee machine.

We are fortunate to have Moshe Egal-Tal available to provide us with a comprehensive article about the intricacies of the pay slip, so that you can better determine how you are being compensated, and confirm that there are no mistakes.

As with most things, payroll is much more complicated in Israel than in other countries. In January 2009 a new law was passed to ensure uniform mandatory information that must be specified on all pay slips.

All of the payroll programs in Israel (which generate the pay slips) must be approved by the tax authority that they meet the mandatory requirements as defined by laws and regulations. Regardless of the program your employer uses, all the programs have common attributes. The layout and placement will differ a bit from program to program, but there are basic requirements that are mandated by law. The purpose of this article is to familiarize you with the terminology and help you understand what is printed on your pay slip. For those of you working, it is highly advised to examine your pay slip each month in order to ensure that there are no mistakes. Understanding what was paid/deducted from your pay is critical and to your benefit.

There are payroll programs for the PC that are off-the-shelf software (as is) that are commonly used by small employers / CPA offices who run payroll for their clients. There are also more complex programs that use a large number of variables that are user-defined by the employer. These programs are usually used by medium-sized and large companies. The PC programs generally allow printing pay slips on plain paper or pre-printed forms, which are more costly and as a result many employers are reluctant to use them. A plain paper pay slip is legal as long as it contains all the data required by law and as long as it is signed and has the company stamp on it.

The Makeup of the Pay Slip

The Israeli pay slip is made up of several sections (see Appendix for example):

· Specific information (header)

· Payments (tashlumim)

· Mandatory deductions (nikuei chova)

· Voluntary deductions / commitments (nikuei reshut / hitcheivuyot)

· Informatory information / accumulated sums (meida klali / mitstabrim)

The Specific Information Section (or header) (see sections #1, #2, and #7 on the demo payslip below) contains the employee’s name and will usually contain the name and/or number of the department/project where the employee works. Typically the employee number is also listed and the employee’s teudat zehut number and home address.

The pay period is also listed, for example: March 2010. The employer’s name, address and tax identification number and the employee’s bank account details and start date. If you work in the public sector, you will also have your pay table and rank listed as well as your % of position (full-time [100%] or part-time). There will also be a detailed account of your vacation and sick days; balance at start of pay period, credit for the pay period, debit for the pay period (how much you utilized) and your new balance.

The Payments Section (see #3 in red on the demo pay slip below) contains an itemized breakdown of all the components paid to the employee for the pay period. For example; Base pay, travel expenses, overtime hours, etc. Also in this section will be any tax value components (Holiday gift, company car or any other benefit that isn’t paid in money). The total gross pay will also be listed at the bottom of this section.

The Mandatory Deductions Section (see #8 in light blue on the demo pay slip below) contains an itemized breakdown of all deductions that are mandatory by law.

For example; Income tax, Social security, Health tax and mandatory pension payments. These are the employee’s part and as such are deducted from the total gross pay. The total of all the mandatory deductions will also be listed.

Some programs have added underneath the itemized breakdown of mandatory deductions, the employer’s part for any pension or savings funds or health insurance that the employee is entitled to. Other programs detail this in the informatory information section. The law stipulates that this must be detailed on the pay slip, but not necessarily where. It is usually categorized with an underlined or bolded headline or in a pre-printed field.

The Voluntary Deductions Section (see #10 in orange on the demo pay slip below) contains an itemized breakdown of all deductions that are voluntary.

For example; advances on payroll, repayment of loans to employer, charges for purchases to employees from a company store/collective purchase, payment for subsidized vacation or any other social or cultural events sponsored by or promoted by the employer which entail a cost to the employee or money deducted from an employee for loss or damage to equipment. The total of all the voluntary deductions will also be listed. This total amount is also deducted from the total gross pay.

The Informatory Information Section (see #4 in bright green on the demo pay slip below) will contain the monthly gross pay for tax and social security purposes and the monthly gross base pay for pension.

This section also will contain various informative details: total accumulative gross pay for the current tax year, number of actual days worked in the pay period, total number of potential work days in the pay period, the employer’s tenure is usually listed here as well. The employee’s tax credits as well as the value for each credit will be listed as well as a detailed account if there are any special tax benefits (oleh chadash, discharged soldier, national precedence area, etc) or a tax coordination was done.

The footer of the Pay Slip (see #4 in bright green on the demo pay slip below) {note: On this payslip this section is incorporated as part of the Informatory section} will contain the amount of days for tax purposes for each of the months worked. Monthly salaried employees will see 25 for each month worked, although there are payroll programs that put a check mark near each month worked.

The employee’s marital status and number of children under 19 years old will also show up here or in the specific information section. The employee’s marginal tax percentage and the accumulative amounts for the employee’s part of each of the funds/savings plans and whether the employee’s spouse is employed or not is included as well.

The minimum wage must also be listed (monthly and hourly rates). This section will usually have the total gross pay, total deduction, net pay, total voluntary deductions and pay in the bank listed.

Income Tax (will show up in section #8 in light blue, on the demo pay slip below)

The 2010 tax brackets are as follows:

Up to:

4,590 shekels 10%

8,160 shekels 14%

12,250 shekels 23%

17,600 shekels 30%

37,890 shekels 33%

Every additional shekel 45%

The tax is configured anew each month on an yearly-accumulative basis which takes into account all payments paid by the employer since January of the current year and after configuring the tax, the accumulative amount of tax that was paid is deducted and the remainder is the tax for the current month.

This is easily explained via the following example: for the first 3 months an employee earns the same gross pay. In the 4th month he receives a 3,000 shekel bonus. Obviously this will raise his taxes for this month. Occasionally, employees receive a tax rebate on their payslip via the form of a negative sum of tax.

Tax Credits/Points

All employees are eligible for tax credits (each worth 205 shekels – JAN 2010). The tax credits are allotted as follows: Every employee 2.25 points, Female employees an additional 0.50 points Single parents who have care of children under 19 get an additional point for each child and a half of a point for children the year they were born or the year they turn 19. There are other instances where employees may be eligible for extra tax points, but these may be given by the employer only upon written instruction by the tax authorities. Examples are: handicapped children, invalids, crippled or blind employees.

Consult the Israel Tax Authority’s web site for more information: (the total # of tax points will show up in section #4 in green on the demo pay slip below)

Social Security (Bituach Leumi) (will show up in section #8 in light blue, on the demo pay slip below)

Social security is mandatory for all female employees between 18 – 62 and male employees between 18 – 65. There is an employer’s portion and an employee’s portion. The money insures an employee against bankruptcy of the employer, reserve army duty, unemployment, old-age stipends, work-related accidents, just to name a few. For the first 4,806 shekels the rate for the employee is 0.4%, anything over this is calculated at 7%.

Mandatory Pension (will show up in section #8 in light blue, on the demo pay slip below)

The mandatory pension law went into effect in Jan 2008. All employees who either have an existing “live” pension plan from a previous employer or anyone with tenure of 6 months are eligible for pension. In 2010, the rates are: 2.5% employee, 2.5% employer and 2.5% severance pay (employer). The employee’s contribution is deducted from his payslip and must be deposited to the fund of the employee’s choosing.

Appendix

Explanation of the Above Demo Pay Slip: (click on the image to enlarge it)

1. Employer’s Information (name, address, tax i.d. #)

2. Employee’s Name and Address

3. Payments Section (itemized and total of all gross payments)

4. Additional Information, annual accrued totals and vacation and sick pay balances

5. Space reserved for notice to all employees such as “happy Holiday” (see example above), or personalized message for specific employee(s) such as “Happy Birthday”

6. Information Regarding this Pay Slip (the pay period and date the pay slip was printed)

7. Personal Information (Israeli ID #, basis of employment (monthly/hourly), bank account details, tenure, start date, marital status, etc)

8. Mandatory Deductions (itemized and total)

9. Net pay (prior to voluntary deductions)

10. Voluntary Deductions (itemized and total)

11. Net Sum Transferred to Employee (bank account/check)

Change in sick pay rates – April 2011

Moshe

Good news for employees who were forced to take time off work due to illness:

 

Update #4 – 2011 of the sick pay law, effective April 1, 2011 incurs a change in the rates paid:

1st day – no pay (no change)

2nd + 3rd days – 50% of regular pay (up from 37.5%)

4th day onwards – 100% of regular pay (up from 75%)

 

In addition, employees who work a 5 day week – 21 2/3 days will be considered a full month (entitling employee to 1.5 sick days credit). If an employee did not work a full month the  credit will be prorated accordingly. (This is a change from previously 25 days = a full month)

 

Notes:

  • The employee can request a doctor’s note for any illness.
  • The sick days need to be continuous, otherwise the count starts anew.
  • There is no buyout or redemption of unused sick days by law. This is accepted practice only in the public sector.
  • Sick day accrual, credit and debit as well as opening and closing balances for the pay period need to be itemized on the payslip.

 

 

 

Oct 2010 AACI mini seminar a huge success !

Moshe

AACI mini seminar – huge success !

Submitted by Moshe on Tue, 23/11/2010 – 10:14

The October 2010 mini-seminar at AACI Jerusalem had a wonderful turnout of over 30 people !

The feedback I received was that it was informative and precise and interesting. All of the attendees felt that they gained important knowledge and were glad they attended.

I want to personally thank each and every one of the attendees as well as Josie Arbel and Sheila Bauman of the AACI who organized the event. Without their dedicated work it would not have been possible !

Moshe

Order and enforcement of labor laws

Moshe

Order and enforcement of labor laws

Submitted by Moshe on Tue, 23/11/2010 – 00:12

 

The Administration of order and enforcement of labor laws takes a lot of action in implementing the directives of the labor laws in the State of Israel. The Labor laws, whom the administration has been trusted with enforcing, are defined as protective laws, that make up the legal infrastructure of the Israeli employment market. the purpose of these laws is to set a minimum Raff and to determine basic social rights for employees. These rights are expressed in setting employment terms for employees, that come to ensure a person’s honor, his ability to self fulfillment, equality, division of justice and more. A good portion of these laws have considerable financial significance and they increase the minimum wage to be paid to an employee, with aim to ensure a relatively appropriate standard of living in exchange for his work.

The Administration, as both the professional and authorized agent, coordinates under it’s auspices the enforcement of 19 labor laws, and locating violators and minimizing the detrimental treatment of salaried employees in the lower pay scales.

Goals:
1) Implementation of labor laws via efficient and effective mechanisms of
licensing and enforcement.
2) Creating and establishing practical basis for cooperation with internal and
external enforcement partners.
3) Intensifying both employer and employee awareness to directives of labor
laws within the administration’s responsibility.

The administration’s actions, both criminal and administrative are accompanied, guided and handled by the legal bureau of the Ministry of Industry, Trade & Labor.

Please note that while all complaints are followed through, a complaint may not necessarily solve your own personal issue with the employer and further action by you may be needed.

The administration can be contacted as follows:

Voicemail for complaints: 1-800-354-354 (can be done anonymously)
Tel: 03-622-3116
Fax: 03-682-8690
Email: achifa-ma@moital.gov.il

The administration of order and enforcement of labor laws
Derech Salameh 53
Tel-Aviv

Collective agreements and how they affect you

Moshe

Collective agreements and how they effect you

Submitted by Moshe on Tue, 09/11/2010 – 21:40

Most of the terms of employment are set not by law, rather by collective negotiating, thereby determining that the collective agreement is the basis for employee’s rights and duties.

The arrangements in collective agreements can be best characterized by the fact that they are not uniform. In each collective agreement one can find a different arrangement which is the fruit of collective bargaining. From the non uniformity of rights in collective agreements one can learn that not only are the span of rights different , but there are large groups of employees who do not share the same rights.

So, what is a collective agreement ?
They can be effectively divided into 2 types:
1) General Collective agreements
These are reached & signed by organizations that represent factoriesemployers in a certain field (such as: construction, textiles, diamonds, hotels, electronics, etc.) or in all fields (cost of living increase, travel expenses, Havra’a payment) and the liason office of general organizations and the worker’s union (histadrut) that represents the employees in a certain field or sector as well as the government (usually the Finance ministry).
2) Special Collective agreements
These apply to a certain employer and are signed by both the management of the employer and the worker’s union that represents the employees of that employer.

Some collective agreements get issued as a expanded regulations order by the minister of Labor, thereby becoming mandatory for every employer in the State of Israel.
A few examples of this are: travel
reimbursement to and from work, cost of living increase.

When a collective agreement is signed it binds all employees and an employee cannot say that he disagrees and didn’t approve it. That is why there are worker’s unions.

Not always does a collective agreement define the terms of employment. Frequently Small or private employers or where personal contracts are used, the contracts define the terms of employment, However, it should be noted that the personal contract cannot diminish or contradict the rights defined by law or by an expanded regulation order or collective agreement that may apply to the employer due to the field in which he operates. In short, the personal agreement cannot violate the labor laws of the State of Israel or the expanded regulation orders of collective agreements which are treated as labor laws. The personal agreements can however improve the terms in the law or collective agreement.

Even if a personal contract specifies explicitly terms that diminish the terms/rights defined by law, it becomes null and void, even if an employee signs it.

In small places of employment, it was customary to have work agreements based on verbal agreements, which would be always hard to prove. In such cases the law provides the minimum.

Since Jan 2008, when the section 24 of the protection of wages law came into effect, making mandatory written notification to all employees describing their terms of employment and specifying what needs to be written on this notification, verbal contracts have no place anymore.

see my blog post on correction 24:

and the blog post on “what needs to be included on my payslip” :

What happens to unused vacation days ?

Moshe

 

What happens to unused vacation days ?

Submitted by Moshe on Mon, 08/11/2010 – 20:23

If your employer has a policy of erasing unused vacation days that have been accrued, then basically it’s “use them or lose them”.
This is totally legal provided the employer notifies the employees in ample time to allow them to utilize the accrued days.

If an employee has 10 accrued days, the employer can’t notify the employee on Dec 31st that the days will not be carried over to January. He can and should specify this in employee’s contracts or notification of work conditions as well as a reminder in Sept or Oct with the payslip and notification on employee notice boards.

If such policy does not exist then the days are accrued and carried over from one year to the next. This is easily checked as the balance must be listed on the paylsip.

When an employee resigns or is terminated his position, all unused vacation days that have been accrued are paid out on the last payslip.

Mandatory Pension law – updated Sep 7, 2010

Moshe

Mandatory Pension law – updated Sep 7, 2010

Submitted by Moshe on Sat, 09/10/2010 – 23:18

 

The mandatory pension law was recently updated (Sept 7, 2010).
Originally planned for gradual annual updates from 2008 – 2013, when the mandatory % will reach 15% (5% employee, 5% employer and 5% severance pay -employer)

The new revision now ads another year (2014).
Starting Jan 1, 2014 the mandatory pension will be 17.50% as follows:
employee – 5.5 %
employer – 6.0 %
employer (pension) – 6%

The mandatory pension revision also specifies:
1) that it applies to employees who retired at retirement age and receive a stipend from social security (Bituach Leumi).
2) An employee who begins work at a new place of employment and is insured in a pension plan from his previous place of employment, will be eligible to receive the percentages specified in the mandatory mandatory pension law from day one with the new employer.

see the full wording of the mandatory pension plan here:

AACI’s Navigational Series: Know Your Rights

Moshe

AACI’S Navigational Series: Know Your Rights
Starting Employment – What am I entitled to ?
What is mandatory for the employer to pay (and deduct)
from payroll ?
What is optional, and how to read the payslip.

When: Monday, October 11, 2010 7 p.m. Continue reading “AACI’s Navigational Series: Know Your Rights” →

Everything you wanted to know about Havra’a payment

Moshe

 

Everything you wanted to know about Havra’a payment

Submitted by Moshe on Mon, 30/08/2010 – 23:51

 

What is Havra’a payment ?
Havra’a payment (or convalescence pay) is an annual, mandatory payment effecting all employers in the state of Israel via an expanded regulation order signed by the Minister of Labor. This means it is treated as a law.
Havra’a pay is paid to all employees who have at least one year of tenure with the employer.
Those who don’t are not eligible, but the following year are eligible to receive Havra’a payment for the full year plus the portion of the first year.
The payment is a number of days (see table below) multiplied by the rate (currently 351 shekels), which is updated every June. Employees who work less than full-time positions, it is prorated according to your % of position actually worked (including sick days, vacation, reserve duty and maternity leave).
There are two rates, one for the private sector and another, higher rate for the public sector. There are also separate tables of days of Havra’a eligibility for Histadrut employees, municipal employees and teachers.

Since most of the users of this site are employed in the private sector I have chosen to relate to this only.

Tenure with employer                       Number of Havra’a days
1 year                                                                     5
2-3 years                                                                   6
4 -10 years                                                               7
11-15 years                                                                8
16-19 years                                                                9
20 years and  upwards                                         10

 

Example: an employee who has been employed with the employer for 4 years in the private sector would receive as follows:

7 days * 351 sh = 2,451 sh (gross)

Note: There are employers who prefer to pay Havra’a on a monthly basis instead of a one-time annual payment. This is legal and the result would be an additional payment on each payslip of 1/12 of the Havra’a payment. Of course the amount needs to be updated annually (usually in June or July payroll).