employee

Employer isn’t required to pay sick leave for employee’s absence due to a traffic accident

Moshe

An employer is not required by law to pay an employee sick leave for absence due to a traffic accident !

Case
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Maya, who is employed as a programmer in a Hi-tech firm, was injured in a traffic accident on a Friday (her day off) during her spare time. Because of her injury, Maya will be forced to take a leave of absence of 2 weeks. She has accrued 32 sick days to her credit. Does her employer need to pay her sick leave pay for this leave of absence ?

Answer
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Article 11 of the sick leave law (1976) states:
“An employee will be eligible for compensation for absence from work due to health reasons, except for payment invalid stipend from social security or repercussion pay for damages, will not be eligible for sick leave pay for the period of time he is eligible for the aforementioned payment as such, and for any other period specifically defined by the law that the employee is not eligible for sick leave pay”

Explanation
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person who is injured in a traffic accident, g-d forbid, is eligible to receive compensation money (among other things, for loss of income period) from the Insurance company which insured the vehicle(s) who were involved in the accident. This according to the ‘compensation law for injured in traffic accidents’ (1975), and the applicable statutes and orders relevant. Therefore in this case, the employer is not obligated to pay sick day leave to the employee for this leave of absence from her accrued sick days, unless there is a collective work agreement/widened statute/personal contract/custom in place of employment that specifically states otherwise.

It should be noted that the employer can pay the sick leave days, as a loan until the employee receives the compensation from other sources (but if this is done it should be in writing, in order to avoid possible future misunderstandings)

Also, note that if an employee is involved in an accident during and as a result of work (including traveling on the regular way – without any detours) from his home to work and vis-versa will be considered a work-related accident, which would also entitle the employee for ‘work-related-accident stipend’ from social security.

According to the law, what info needs to be included on my payslip ?

Moshe

According to correction 24 of the protection of salary law which went into effect on Feb 1, 2009, The following is a list of mandatory items that must be listed on an employee’s monthly payslip:

1. Employer and Employee ID details
a. Employee’s last name, first name and
Israeli ID # (or passport #)
b. Employer’s name, ID # (company #) and
address
2. Details about Employee’s employment
a. Start date of employment
b. Accumulated tenure in place of work
with employer (the higher of the two)
c. For monthly-wage employees – percent
of position
For salary-wage employees (hourly,
daily, commission)- the base of rate
(hourly,daily, way of calculation of
commission)
For employees on the rank and level
pay scales (public sector and any
connected collective agreements)
the rank and level must be detailed.
3. The pay period
a. Calendar pay period for which the
payslip is paid
(for example: FEB 2009)
b. Total number of max. possible
workdays and work hours in the place
of work in the pay period.
c. Total number of actual days worked
in the pay period. (not including
vacation, holiday and sick leave,
reserve army duty)
d. Total number of actual hours worked
in the pay period. (including
overtime hours, not including
vacation, holiday and sick leave,
reserve army duty)
NOTE: If there is no possible way to track an employee’s hours due to their conditions of work and employment – this needs to specified on the payslip.
e. Total number of vacation days
accrued in the pay period, total
number of paid vacation days taken
in the pay period and remaining
vacation day credit balance.
f. Total number of sick days
accrued in the pay period, total
number of paid sick days taken
in the pay period and remaining
sick day credit balance.
Note: If the employer has insured his employees in a sick insurance fund, (not to be confused with Kupat Cholim medical insuance) he is exempt from this.
4. Salary paid to the employee
a. hourly rate
b. base pay (regular hours for
hourly-waged employees)
c.Additional (other) payments to
base pay or regular hours need to
be itemized separately. These
include:
overtime hours, payment for work
during weekly rest day shabbat),
Havra’a, vacation and sick days,
etc. All of these items must
include the type of payment,
number of units, rate and sum of
payment.
d. Total amount of salary and other
payments that are taxable as well
as the total yearly accrual of
these payments to date.
e. Total amount of salary and other
payments that are taxable for
social security as well as the
total yearly accrual of these
payments to date.
f. Total amount of salary taken into
account for pension or other
social benefits purposes,
itemized specifically per type of
benefit, as well as their yearly
accrual to date.
NOTE: If any of the above (4. a-f) is paid for a period different than the specified pay period, the corresponding pay period for which it is paid needs to be specified
(for example: difference for previous pay period)
5. Deductions
a. Income tax
b. Social security
c. National health
d. Savings or pension plans. each
plan needs to be itemized
separately, including name of plan
and sum.
e. any other deductions, itemized
including sum.
Note: all of the above (5. a-e) need to also include the total yearly accrual to date.
f. Total deductions
6. Employer’s contribution to employee’s
social benefits:
Itemization of the payments, not paid to
the employee and not deducted from the
employee’s salary, including savings and
pension plans.
7. Settlement details
a. Total gross pay for pay period
b. Total net pay
c. way of payment (check, bank
transfer). If bank transfer, bank
account details. If paid through
3rd party – needs to be specified.
8. Minimum wage
min. wage per hour and monthly min.
wage in effect on pay date. for
employees under 18, the relevant min.
wage must be stated.

Can an Intern agree to work without pay ?

Moshe

Case 252/07 which was brought before the National labor court and ruled upon on Dec 11, 2007

Facts:
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The petitioner worked as an law intern for a law firm for 1 year, from 01/09/1997 – 31/08/1998 and signed a waiver/agreement whereby he agreed to work without pay or benefits for his intern work.

The prosecution sued in labor court for pay and benefits for his work as an intern. The local labor court ruled partially in favor of the intern and ordered the law office to pay the intern, which in turn led to this appeal.

The National Labor court ruled:
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Article 12 of the minimum wage law, 1987, which is a Basic law which cannot be waived or made to be Dependant on other factors. The minimum wage law was meant to prevent employers from taking advantage of groups of workers as well as protect employees from themselves and prevent instances where an employee agrees to work for free because he is in need of a professional mentor.

The court determined that even if an intern agrees to work without pay, despite this “agreement” the employer must pay the intern at least minimum wages. This despite the impression that the employer may have that the employee would be willing to work without pay. Even if the employee didn’t act wholeheartedly, and even if he sued the employer after leaving his position, this cannot demeanor his rights by law.

The court further determined that in a work relationship between a mentor and an intern, the mentor will always have the upper hand. From the outset this is not an equal relationship. The intern is like a student who approaches his master, as the employer oversees his student’s professional manner, guides him and needs to authorize the internship, thereby opening doors to his profession future by allowing him access to the Israeli bar association.

As such, even if the intern agrees to work without pay or for partial pay, this is interpreted as exploitation of the distress of the weak by the employer and not as an insincere action by the employee.
Furthermore, and on the other hand it would be insincere action on the part of the employer to imply or suggest that an employee work for free or at a reduced rate and even if he were presented with such a suggestion from the employee, he should turn it down completely.

It is a given that the wording of the law will not accept a “waiver” of basic employee rights, as minimum wage, even if implied, suggested or agreed upon. It has no consequence whether it is an oral or written agreement or even an understanding or implication because the employee didn’t complain about not receiving pay or receiving less than minimum wages.
It also does not matter whether this was done before, during or after employment.

The court rejected the appeal and charged the employer with the court fees as well.

Did you make Aliyah? Sign-up for the next Know Your Rights seminar

Moshe

If you have already made Aliyah or are contemplating it, this post is for you.

In the past few years I have met up with many Olim who not only didn’t know how to read their pay slip, Hebrew aside, but didn’t even know the most basic Israeli Labor laws, what their rights are as an employee or when they are terminated and that’s just for starters. Continue reading “Did you make Aliyah? Sign-up for the next Know Your Rights seminar” →