employee

Penalty for tardy payment of payroll

Moshe

 

Penalty for tardy payment of payroll

Submitted by Moshe on Mon, 23/08/2010 – 20:44

The protection of salary law specifies that salaried employees must be paid by the last day in the period of time for which they are being paid (i.e. the last day of the month), however salary will only be considered to be have been paid late if 10 days have passed since the due date. In plain English, this means it cannot be enforced until the 10th of the following month, thereby creating the myth that salaries can be paid by the 9th of the month.
But what actually is the penalty for late payment ?
The law specifies that for the 1st week of tardy payment the employer is penalized 5% of the amount that hasn’t been paid and from the second week onwards, for each additional week (or part thereof) an additional 10%.
The same applies for monies that were deducted from the employee’s pay but not transferred by the employer to it’s rightful destination on time; For example pension plan savings.
Labor courts tend to be lenient on penalizing employers when the employer claims that it wasn’t purposely done or for reasons that weren’t in his control.
There are things that can be done, like filing an anonymous complaint with the Ministry of Trade, Commerce and Labor’s hotline (see essential phone numbers in the menu bar on this site)
Late payment of payroll on a recurring basis is usually a just means for resigning your position and retaining rights to severance pay if you have worked at least 1 year with the employer.

Old Age Stipend – Social Security (Bituach Leumi)

Moshe

Old Age Stipend – Social Security (Bituach Leumi)

Submitted by Moshe on Mon, 26/07/2010 – 09:23

 

In response to many recent questions, following is a short and very general explanation.

A detailed and thorough explanation is available in English on Bituach Leumi’s website:
http://www.btl.gov.il/English%20Homepage/Benefits/Old%20Age%20Insurance/…

In general, there are mnay conditions based on age, sex, marital status, for olim – their age when they made aliyah as well as total gross income.
The old age stipend is one of the most important branches of insurance in the social insurance system in Israel and is part of the social benefits detailed in the Social Security Law (Bituach Leumi).
It’s purpose is to ensure a monthly income to Israeli Residents who are eligible in their retirement years.

The old age stipend, as defined by the Social Security Law, makes eligible Israeli residents who have reached the eligible age, provided they have been insured at least the minimum time as defined by the law and the insurance money has been paid for them.
There are two ages defined by law: retirement age and entitlement age.

In instances where an employee goes on early retirement (before old age) they may be eligible, depending on their total gross income (excluding pension payments).
When a person reaches the old age defined by law, they are eligible regardless of their gross income provided they meet the other criteria.

Both the retirement age and entitlement age are defined specifically by the Social Security Law, and they are different for men and women. Up until June 30, 2004 retirement age was 65 for men and 60 for women. Begining July 1, 2004, the law redifined the retirement age for men to 67 and 64 for women.
Because of this change in the law, Men who were born between 7/1939 and 4/1942 and women who were born between 7/1944 and 4/1953, the age is gradual. (see the chart on Social Securty’s site)

The site is very informative and also has instructions as to how to file and what documents are needed.

Radio interview on RustyMike Radio

Moshe

 

Tune in to Israpay’s radio interview – August

Submitted by Moshe on Fri, 23/07/2010 – 10:34

You are invited to tune-in to my radio interview on the “Goldstein on Gelt” show with Doug Goldstein.

www.rustymikeradio.com

Monday August 23, 2010 at 7 p.m. (Israel time)

Your comments on the show are appreciated.

Enjoy !

The Israeli Pay Slip: An in-depth explanation for the perplexed

Moshe

This article was published in the Job Search in Israel blog

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. Continue reading “The Israeli Pay Slip: An in-depth explanation for the perplexed” →

Information on correct employment of youth

Moshe

Information on correct employment of youth

Submitted by Moshe on Tue, 29/06/2010 – 13:04

 

As summer vacation approaches, it is time once again to refresh everyone’s memory as to the laws regarding youth employment.

AGE OF EMPLOYMENT

It is strictly forbidden to employ youth under age 14.
Youths between the ages of 14 – 15 can be employed in light work only. Light work is defined as work that will not hinder or impair their health or development.
During the school year and in certain dangerous jobs, it is permitted to employ youth only from age 15 and up, under condition that the mandatory learning law does not apply to them.
(examples of dangerous jobs: heavy cutting machines, manufacturing and processing of flammable substances or items, work at temperatures below 4 c or above 40 c.
As for youth employed in commercials, preformances, etc. a special permit is needed from the Ministry of Industry, Trade and Employment, Other special regulations as to employment conditions and hours apply.

WORK NOTEBOOK & MEDICAL APPROVAL

The law mandates the employer to demand from youth employees (under age 18) to produce a work notebook, as a prior condition of employment.
This notebook is issued by the local employment services office. In order to procure a work notebook, applicants need to show up in person with their Israeli I.D. card (or one of their parent’s I.D. card where they are listed), a doctor’s note from the family practitioner, that they are healthy and able to work, 2 passport pictures. There is no fee to procure the work notebook and it is issued on the spot.
The work notebook needs to be on premises at the place of employment.

NOTIFICATION LAW

The purpose of this law is to make clear the conditions and terms of employment, rights and obligations of the employee.
Each youth must receive a written notification. signed by the employer, within 7 days of start of employment and it must include all of the following:
the ID number of the employee, employee’s name, address, start date and length of employment, work hours, job description, houly rate and all benefits and payments (i.e. travel expense), name and job description of the employee’s direct superior adn any other information which can help the youth understand his job and what is expected of him.

WORK HOURS

Youths can be employed for up to 8 hours maximum per day and no more than 40 hours per week.
Youths aged 16 and above can be employed for up to a maximum of 9 hours per day, as long as the maximum of 40 hours per week is complied with.
The above does not apply to youths that are employed and who are covered by preferential terms of employment or a collective agreement and also handicaped youth (physical, mental) who are employed in protected factories (factories that the State of Israel participates in their financing).

OVERTIME employment of youths in overtime is completely forbidden by law !

Weekly day of rest

It is forbidden to employ youths during their weekly day of rest (Shabbat) and there is no possibility of receiving a permit for this.

Breaks

After 6 hours of work, it is mandatory to allow youth a 45 minute break for rest and to eat, at least 30 minutes must be consecutive.
The break is usually on the employee’s time (i.e. unpaid) but this should be agreed apon before employment commences in order to avoid future misunderstandings.

NIGHT WORK

The law states that between the hours of 20:00 and 08:00 A.M., it is forbidden to employ youths under age 16.
Employment of youths, between ages 16 – 18 is forbidden between the hours 22:00 and 06:00 A.M. unless a special permit has been granted
from the Ministry of Industry, Trade and Employment.

RECORDING WORK HOURS

All employers are required by law to keep track and record the exact hours of work of all youth employees, and if such is done manually, each youth who is employed, and the employer need to authorize their hours by signing off on them daily.

ANNUAL VACATION

For the first four years at the place of employment a youth is entitled to 18 calander days (14 actual work days) of vacation time per year.

TRAVEL EXPENSES

In addition to pay, youth are entitled by law to re-imbersement for travel expenses from their home to work and back. The maximum rate per day for travel expense is 23.70 shekels. The employer is obligated to ensure that the youth employees have means to return safely home after work. youth who work 18 days or more, are usually paid the rate of a monthly free bus pass (chofshi chodshi). Those who work less than 18 days would be paid per day at the rate of cost (up to the max 23.70 sh)

FINES & DEDUCTIONS

It is illegal to fine or punish youth by means of salary deductions, unless specifically permitted by law. This includes any dedections for “damages”.

TAXES AND SOCIAL SECURITY

A youth’s income is taxable, just as a regular (over age 18) employee.
The only difference is that youth between 16-18 are eligible to receive an extra tax point each month. Male youth (16-18) receive 3.25 tax credit points, while female youth (16-18) receive 3.75 tax credit points. Each tax credit point is worth 205 shekels (as of Jan 2010).
Working youth are exempt from payments towards social security (bituach leumi) and health insurance (bituach briut), however the employer is obligated by law to pay the employer’s portion of social security as follows: (as of Jan 2010) 0.38% of the total gross pay – up to 4,809 shekels and 0.61% of every additional shekel up to 79,750 shekels.

MINIMUM WAGES FOR YOUTH (in Israeli Shekels) – updated June 2010

Age—— Monthly salary **—– Hourly Rate
——————————————————–
up to age 16 —– 2,695.13 —— 15.58
up to age 17 —– 2,887.63 —— 16.69
up to age 18 —– 3,195.65 —— 18.47
apprentices * —– 2,310.11 —— 13.35

* apprentices are in accordance with the apprenticeship law only)
** The monthly salary is for full-time position – no more than 40 weekly hours or 173 monthly hours. Partial positions are configured accordingly.

Even if a youth agrees to work for less than the amounts in the table above, it is illegal and the employer cannot pay less than the minimum.

IMPORTANT NOTE: There is no such thing as a “trial period” or “training” where the youth employee would not be paid !
Every period of employment carries mandatory payment for work from the first hour of work. Payment is mandatory for training, explanatory meetings, etc. such as pre-work meetings for summer camps.

continuation of pension plan by a new employer

Moshe

Continuation of pension plan by a new employer

Submitted by Moshe on Thu, 29/04/2010 – 15:13

 

An employee who starts a new job and has an active pension plan from a previous employer, can demand immediate deductions from his payroll from his start date, along with employer’s contribution according to the law.
In order to procure this the employee needs to present the new employer with a detailed printout of the existing accounts’ deposits.

This is highly recommended, rather than waiting several months until the employer starts deducting towards a new plan.This is highly recommended, rather than waiting several months until the employer starts deducting towards a new plan.

However, some employers will only do this after you have tenure of three months in order to ensure that employees stay on. If the tax year ends prior to your three month tenure date, it is required for the employer to forgo the 3 month waiting period because the pension funds do not allow retroactive deposits for previous years due to new regulations.

severance pay when an employee records serious disciplinary offences

Moshe

Severance pay when an employee records serious disciplinary offences

Submitted by Moshe on Wed, 28/04/2010 – 08:38

 

An employer may be exempt from paying out severance pay to a terminated employee, if the employee purposely acted in such a way as to cause his termination, by way of serious disceplinary offences. For example; An employee had been working for several years at his job and approached his employer, demanding to be fired,therefore making him eligible to receive severance pay, or so he thought. This based on the assumption that if he quit his job he would not be entitled to severance pay, where as if he were terminated the employer would need to pay severance pay.
The employer refused to fire the employee saying he was very happy with his work and he was due for a promotion, but if he so wished he could resign his position. The employee refused to resign, but started purposely doing acts that can only be described as “serious disciplinary offences”;showing up late, not completing tasks, or ignoring others, as well as frequent, unexcusable absences and basic indiferrence to his job, in hope of getting fired. The employer repremanded the employee both verbally and in writing and when this had no effect, summoned him to an internal hearing. As this also had no effect, the employer notified the employee of his decision to fire him.
The labor laws specifically state that in such cases the labor court can order a reduction or a complete cancellation of in severance pay !
This was the scenario in this case as the employer had no problem proving that the employee’s actions had been purposely done with the intent on causing the employer to fire him. Therefore it is the employee who acted towards ending the employer-employee relationship and is thus seen as resigning for all purposes and intents with regard to severance pay.

Checklist for the terminated employee

Moshe

 

The employee termination check list

Submitted by Moshe on Mon, 19/04/2010 – 09:52

Following is a check-list of things that employees who are terminated need to receive from the employer:

1) Termination letter.
2) payout of any unused vacation days
3) payment of Havra’a (if tenure is 1 year
or more)
4) severance pay (if tenure is 11 months or
more)
5) release letters for all savings plans,
pension plans to the employee’s
ownership.
6) recommendation letter
7) copy and explanation of all final
calculations (severance pay, etc)
8) 161 and 161A tax forms
9) final pay slip and time-sheet
10) make sure all company property has been
returned: keys, swipe card, laptop, cell
phone, car. etc and that the company
employee who receives them from you has
signed off that they have been returned.

Also see the Guest post blog I wrote on this topic:
http://jobmob.co.il/blog/employee-layoff-rights-israel/

Holiday payment directives

Moshe

 

Holiday Payment Directives

 Submitted by Moshe on Wed, 07/04/2010 – 14:17

Holidays are explicitly defined:
2 days Rosh Hashana, Yom Kippur, 2 days Sukkot, 2 days Pesach, Shavuot and Yom Ha’atzmaut.

Monthly employees are entitled to payment for the Holidays that occur during the month for which payroll is paid, since their base pay is monthly based (set). Such employees receive their regular pay and are not entitled to additional pay for the Holidays.

Employees who receive a daily rate (or hourly rate or contractual employees) are entitled to payment for Holidays, provided that they worked at least 3 months at the place of employment and that they were not absent from work the day before and the day following the Holiday, except with the employer’s permission.

Non-Jewish employees: The employer is not liable to pay non-Jewish employees for Jewish Holidays in addition to the Holidays of his/her faith. In this case the employee must choose whether to receive payment for Jewish Holidays or Holidays of his/her faith.

Erev Chag – In work places where the work week is 6 days, work on Erev Chag is 7 hours (payment is for 9 hours- full day) and in places where the work week is 5 days, work on Erev Chag is 8 hours (payment is for 9 hours- full day).

Hol-Hamoed: There are no directives in the law with regard to Hol-Hamoed or the payment for work on these days. As far as the law is concerned, these are regular, normal work days. This is of course unless there is a collective agreement at the place of work which specifies differntly,or if it is specifically mentioned in an employee’s work contract.

This directive commenced by power of the comprehensive mandatory order about shortening the work week to 43 hours, which went into effect on July 1, 2000 and applies to all employees and employers in the State of Israel.

Employee’s Responsibilities Toward Their Employers

Moshe

1. Employees are obligated by law to fill out a 101 tax form for each and every place of employment where they receive a salary (via payslip).

This needs to be done close to your start-date as well as annually, at the beginning of each tax year. The employer usually will issue existing employees a printed version from the payroll program which includes all the existing data, as supplied previously, as it currently appears in the employer’s payroll database. Continue reading “Employee’s Responsibilities Toward Their Employers” →

Everything about Social Security Payment Co-ordination

Moshe

What is Social Security Payment Co-ordination ?
This is called Teum Dmei Bituach Leumi in Hebrew. There are two stages for calculating Social Security and Mandatory Health tax that are automatically deducted from employees’ gross pay. The first stage or reduced rate is 0.4% for Social Security and 3.1% for Health Tax up to a ceiling of 4,809 shekels (Jan 2010)
Any income over this amount, the deductions rise significantly to 7% for Social security and 5% for Health Tax.
If someone is employed by several employers, they will need to have a payment co-ordination done (in addition to the better-known tax co-ordination) in order to avoid paying the higher rates from the first shekel for income earned from the additional employer, as it is possible that there is unutilized portion of the 4,809 shekels that the additional employer can use for the reduced rates.

Who needs to do s.sec co-ordination ?
If a person is employed by more than one employer they will usually need a s.sec. co-ordination.

How do i get a Social Security Co-ordination ?
Up until Dec 2009, anyone who declared on their annual 101 tax form that they have additional income, was required to apply at their local Social Security office for a Co-ordination. If the employee didn’t bother doing it, the employer automatically deducted the higher rates from the first shekel.
Do to a change in the Social Security laws, effective January 1, 2010, the additional employer is allowed to do the co-ordination himself, on several conditions, thus eliminating the need for the employee to take time off work and go in to the Social Security office.

What are the conditions that allow an additional employer to do the co-ordination ?
1. The employee must fill out a declaration via a 644 form (available on the Social Security website – www.btl.gov.il)
I advise using the Hebrew site and not the English as the form doesn’t appear there yet. It is a PDF file that can be downloaded.

The 644 form is a declaration which states the employee’s last gross pay from his main employer.
note: if the pay is over the ceiling (4,809 shekels) this is irrelevant as he has utilized the full amount at the reduced rate and therefore all pay from the additional employer will be at the higher rates.
2. If the employee works for more than 2 employers or he earns more than 75,000 shekels per month, he will need to apply personally at the Social Security office and this form is irrelevant for him.

This declaration needs to be renewed annually along with the 101 tax form and tax co-ordination forms.

What happens to the money I overpaid in previous years ?

While there is a chance that you paid too much money via the Social Security and Health Tax deductions on their payslip from the additional employer, this needs to be checked out individually. You will need to write a letter to Social Security requesting a refund.

How can I know if I was overcharged ?
It is advisable to have this pre-checked by a payroll professional. This is one of the paid services Israpay offers. Interested employees should send an email toMoshe@Israpay.com with their name and contact information

2010 – Amounts exempt from garnished wages

Moshe

 

The amounts that are exempt from garnished wages (except alimony) have been updated by the Israel Tax Authority as of Jan 1, 2010 as follows:

marital status amount in shekels
single 1,994
single/divorced/widowed
with 1 child 3,224
single/divorced/widowed
with 2 children or more 4,022
couple 2,991
couple with 1 child 3,469
couple with 2 children or more 3,948

If the above amounts are more than 80% of the monthly wages, then the amount that is exempt from garnished wages will be lowered to 80% of the monthly wages.

Note: If a court issues a garnished wages order due to alimony payments, the whole paycheck can be garnished.