labor_laws

How much advance notice are you entitled to when terminated ?

Moshe

When an employee is terminated from his/her position they are entitled by law to advance notice from the employer. The amount of advance notice is based on an employee’s tenure with the employer as well as his pay rate.

For employees being paid at an hourly or daily rate the employee is entitled to:

During the first year = 1 day for each month worked.
During the 2nd year = 14 days + 1 day for each two months worked.
During the 3rd year = 21 days + 1 day for each month worked.
From 4 years and on – one month’s notice.

For employees being paid at a monthly rate, the employee is entitled to:
During the first 6 months = 1 day for each month worked.
From the 7th month until the completion of 1 year = 6 days + 2 1/2 days for each month worked.
After completion of 1 year tenure = one month’s notice.

The Israeli Employee’s Rights Handbook

Moshe

Due to increasing request and popular demand, work has commenced on the new ‘Employee’s Rights in Israel Handbook” soon to be released.
The handbook is in English and explains, in easy to understand language, basic payroll and labor law issues that are relevant to anyone who works as a salaried employee or is an employer of employees. The handbook is a means for employees and employers alike to become familiar with employee rights according to the Israeli Labor laws and avoid unnecessary confrontations in the future.
The Handbook will be available through this site only – stay tuned !
Place your order for the the handbook today and receive a 10% discount on the price ! This offer is for a limited time only.

send an email to Moshe.israpay@gmail.com to reserve your copy today  !

Know your rights mini-seminar date set: May 7th 2009

Moshe

It is now finalized:
The next Know you rights payroll mini-seminar is set for May 7th, 2009
10:00 a.m. – 12:00 p.m.
64 Emek Refaim st. – 2nd floor
(Presentence)
Jerusalem

cost: 250 shekels
hot drinks available (incl in price)

sign up today and reserve your place !
limited seating, first come first serve basis.

main topic: correction 24 to the protection of salary law and it’s effect on the average employee.
There will be a Q & A session as well.

to register:
download the attached form and send along with payment to p.o. box 44429 Jerusalem 91443

Discounts: a discount is available for AACI and Nefesh b’ Nefesh members.

Email  moshe.israpay@gmail.com  for more information.

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
===
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
======
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
===========
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.

How To Quit Your Israeli Job and Still Receive Severance Pay

Moshe

This article was published exclusively at JobMob

Scared about your severance rights?

The employed-job sector has gone through many revolutionary changes in recent years that are characterized mainly by a huge turnover of positions. The days when an employee was secure and stable in his position for life – that were a major factor in accepting a position – are no longer. Employees aren’t afraid anymore to change jobs and if someone stays at a position for 3-4 years it is considered a long-term position. Due to high employee mobilization, many employees would like to resign in order to pursue other job opportunities but refrain from doing so because they know they will only get severance pay if they are terminated by their employer. Continue reading “How To Quit Your Israeli Job and Still Receive Severance Pay” →