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תמונה גרפיתA Note from the Head of Section in Charge of Foreign Workers’ Rights at Work
תמונה גרפיתAbout the Section
תמונה גרפיתAuthorities Vested
תמונה גרפיתBusiness card
תמונה גרפיתHandbook
תמונה גרפיתLegislation and Procedures
תמונה גרפיתPertinent Organizations
 

גרסת הדפסה


 

Foreign Workers' Rights at Work Handbook – Rights under Labor Laws

 

This handbook was written by the Head of Section in Charge of Foreign Workers Rights at Work in the Ministry of Industry Trade and Labor, within her authority under section 1W(a)(1) of the Foreign Workers Law, 5751- 1991

 

This handbook only discusses the rights and obligations of foreign workers under Israeli labor laws.

 

In addition to labor rights, foreign workers in Israel have other rights and obligations, under other laws. These rights and obligations mainly address the issue of their permit to stay in Israel, for the purpose of work. The authority to enforce the rights and obligations which are not in the field of labor law, belongs mainly to the Ministry of Interior. Information on rights and obligations that are within the regulation and enforcement authority of the Ministry of Interior is available on the website of the Population, Immigration and Border Authority in the Ministry of the Interior. The following is a link to the website of the Population, Immigration and Border Authority in the Ministry of the Interior, in the internet address

 

A foreign worker working in Israel is entitled to the same working conditions as an Israeli worker.

In addition to these conditions, a foreign worker has special rights, and special obligations apply to his employer, in addition to those that apply to employers in respect of Israeli workers – such as the right to a written employment contract, to private medical insurance and to suitable living accommodations.

 

Please note!

The rights of workers are also regulated in collective agreements and in extension orders to those agreements, which are binding on employees and employers who are engaged in work relations in special trades (such as collective arrangements that arrange the rights of construction workers; agriculture workers; workers of manpower contractors, etc.). Such agreements usually grant workers rights that are in addition to those set out in the legislation.

Some of the collective agreements were extended by extension orders, and apply to all the employees and employers in Israel (for example: in matters of pension, holidays, recuperation pay, etc.). We made an effort to address them in this handbook. However, this handbook does not list all of the collective agreements and extension orders (especially those that apply to special trades).

Each worker and each employer in a specific trade must enquire which collective agreement or extension order regulates his rights and obligations, in his specific trade.

These collective agreements and extension orders are available on the website of the Ministry of Industry, Trade and Labor.

 

        

The Maintaining of the labor rights of foreign workers at work must be ensured regardless of the question of their legal status in Israel.

 

The following is a summery of the basic labor rights and the main obligations of a foreign worker in Israel, under Israeli labor legislation. This summery does not replace the text of the legislation, procedures and collective and individual agreements that are binding when employing an employee in each trade.

 

The handbook is structured in a manner in which each subject begins with a summary of the information that follows it. Next, in blue, there is general information, referring to all of the workers, of all trades. In pink information specific to the nursing care trade, in brown - information specific to the agricultural trade, in green - information specific to the construction trade.

 

It should be clarified that every effort is made to ensure that the following material is accurate and up to date. However, for the purpose of any proceeding – legal or otherwise – the binding legislation is the one appearing in the "Reshumot" or officially published by the body authorized to publish it.

 

This handbook reflects the state of the law as of the date of its preparation (28.10.12).

 

It should be clarified – the working conditions described in this handbook are minimum conditions. If the personal employment contract entered into with a foreign worker stipulates better conditions on a particular matter, or if better conditions are stipulated in another binding instrument that applies to the foreign worker and his employer (such as: an extension order or a collective agreement) the better conditions will apply instead of those set out below, in respect of that matter.

 

For the reader's convenience, the handbook was written in the masculine format, but the information it provides applies to both men and women.

 

Contents:

 

(The headings of the following "contents" refer to headings in the full text below, and clicking on a certain heading will bring the reader directly to the referred chapter/subject).

 

1.             Engaging in an Employment Relationship

1.1          The Employment Contract

1.2          Health Insurance

1.3          Housing

1.4          Placement in the Workplace through Manpower Contractors

1.5          Employment through Manpower Agencies

 

2.             The Course of Employment 

2.1  Work Safety

2.2  Minimum Wage

2.3  Mandatory Deductions from Wage

2.4  Voluntary Deductions from Wage

2.5  The Wage Slip

2.6          Management of the Registration of Hours of Work and Rest, and Holidays   

2.7  The Right to a Weekly Rest and to a Break During the Working Day

2.8  Holiday Rights

2.9  Recuperation Rights

2.10        Sick Leave Rights

2.11        Pension Rights

 

3.             Work Injury

3.1          Requirement to Report a Work Injury

3.2          The Obligation to Help the Employee Receive Medical Treatment following the Injury and the Filling of Forms for the Purpose of Treatment and of Exhausting his Rights within the National Insurance

 

4.             Ending Work Relations

4.1          Where Initiated by the Worker - Implications

4.2          Where Initiated by the Employer - Implications

 

5.             Complaints and Claims Concerning Violations of the Rights of the Foreign Worker

5.1          In Respect to Matters Related to Violations of the Worker's Rights Under Labor Law

5.2          In Respect to Matters Related to the Regulation and Enforcement Authority of the Ministry of Interior – the Immigration Authority

5.3          In Respect to Matters Related to the Committing of Various Offenses against a Foreign Worker during the Course of his Employment

 

6.             Legal Information and Legal Aid

 

1.             Engaging in an Employment Relationship

 

1.1          The Employment Contract

As the foreign worker engages with an employer, he must ensure that immediately prior to the date of commencement of employment an employment contract has been signed with him, in a language which the worker understands.

Under the law, the employer must provide the worker with a copy of the employment contract.

It is recommended that the worker ensures that he has an original copy of the contract at all times, and that this contract is signed both by him and by his employer. The Foreign Workers Law prescribes what must be included in the employment contract.

More details:

It is advisable that the worker also has a copy of the contract, translated to Hebrew.

 

If there were agreements that were made after the date of the signing of the contract, and which change any of the contract 's terms (including an agreement to extend the term of the contract for an additional term) – an addendum to the contract must be drafted in a language that the worker understands and is able to read, and which will be signed both  by the worker and the employer. It is recommended that the worker has an original copy of the addendum as well, at all times.

 

It is important to clarify: under the law in Israel, it is easier to prove written agreements than those made orally. Therefore, under the law, there is a requirement, that applies to the employer and to the foreign worker, to sign a written contract immediately prior to the actual commencement of employment.

 

It is important to clarify: the Foreign Workers Law prescribes what must be included in the employment contract. The following particulars and details, among other things, must be included: the identities of the employer (it is advisable that all of the details are filled out, including the current address, telephone number and fax number) and worker, job description, details of the wage, its parts, linkage, payment dates, details of any deductions from the wage, details of the parties’ contributions towards social benefits, the date on which the employment begins and the length of the employment term, the normal working hours, including the weekly rest day, details of paid leave, including vacation, festive occasions and sick days, details of health insurance and housing provided by the employer, contact details of the Head of Section in Charge of Foreign Workers Rights at Work in the Ministry of Industry, Trade and Labor, and the ways in which to apply to him.

 

1.2          Health Insurance

Employers of foreign workers are obligated to provide foreign workers with private medical insurance throughout the employment period. The employer must give the employee a summary of the insurance policy in a language which he understands.

The 'basket of treatments' that must be included in the foreign worker's health insurance has been prescribed in an order, and it can be found in the website of the Ministry of Industry, Trade and Labor. For information regarding permitted deductions from the wage for health insurance see section 2.4 below.

More details:

The acquisition of health insurance is of the utmost importance for the foreign worker, for without such insurance he will not be covered for medical treatments and hospitalization, which are very expensive.

 

Any person needing emergency medical care will receive it in Israeli hospitals without prior conditions, but he will be billed for the treatment if he lacks insurance coverage.

The 'basket of treatments' that must be included in the foreign worker's health insurance has been prescribed in an order, and it can be found in the "legislation" section of this website.

 

If the insurance company refuses to cover certain conditions or procedures, it is possible to appeal this decision. In many cases this appeal must be filed within 21 days of receiving notice of refusal from the company. It is possible to apply to the organizations listed at the end of this handbook for assistance in this matter.

 

For information regarding permitted deductions from the wage for health insurance see section 2.4 below.

 

1.3          Housing

An employer must provide a foreign worker with suitable housing throughout the entire period of the worker’s employment by that employer and for 7 days after the term of employment has ended.

 

For information regarding permitted deductions from the wage for housing and inherent expenses see section 2.4.

 

The law mandates that the housing conditions must include, among other things: the living quarters must be clearly and completely separated from the workplace, and there must be convenient and safe     access to them. There must be no more than 6 workers in one room, at least 4 square meters sleeping space per worker, personal bedding for each worker, cupboards or a separate compartment in a cupboard with a locking mechanism, electric heating and ventilation, a kitchen with at least one sink per 8 workers and hot and cold water, kitchenware and a refrigerator, toilets and showers within a reasonable distance, to which there is convenient and quick access, at least one toilet bowl, a shower and a sink per 8 workers, a washing machine if there are at least 6 workers in the building, proper electric lighting and a fire extinguisher.

 

For information regarding permitted deductions from the wage for housing and inherent expenses see section 2.4.

 

1.4          Placement in the Workplace through International Manpower Agencies

 

Some of the foreign workers who come to work in Israel do so through the work brokering of various companies, who received a special permit to broker work relations with foreign workers, for the purpose of employment in Israel.

The law in Israel treats manpower agencies dealing with foreign workers intending to work in Israel in a special manner, and imposes a number of obligations on them.

It has been prescribed that no manpower agency dealing with foreign workers intending to work in Israel (whether in Israel or abroad) will charge and receive from a person seeking work, directly or indirectly, whether in Israel or abroad, any payment related to the employment brokerage, unless it is a permitted payment.

In the nursing and agriculture trades there are procedures, prescribed by the Ministry of Interior, that regulate the activities of the private bureaus which have received a permit to bring, broker the employment of, and handle foreign workers in the nursing or agricultural trade.

 

More details:

The law in Israel treats manpower agencies dealing with foreign workers intending to work in Israel in a special manner, and imposes a number of obligations on them.

This includes the provision that no manpower agency dealing with foreign workers intending to work in Israel (whether in Israel or abroad) will charge or receive from a person seeking work, directly or indirectly, whether in Israel or abroad, any payment related to the employment brokerage, unless it is a permitted payment. 

    

For the purpose of this section, a permitted payment related to employment brokerage includes, but without limitation, the following payments:

(1)   A payment charged or received which is in relation to the exit of a foreign worker from the foreign country in order to arrive in Israel for the purpose of work;

(2)   A payment related to the receipt of a visa and visitor's permit of residence under the Entry into Israel Law, or related to the receipt of a permit to employ a foreign worker under the Foreign Workers Law.

 

A person seeking employment is entitled to demand the refund of any payment made contrary to these provisions from the person who charged it, whether in Israel or abroad.

It is advisable that a person seeking employment, from whom a payment as aforesaid was charged, lodge a complaint regarding in this matter with the authorities in Israel, in order that they may investigate the matter and put a stop to such actions.

It is advisable that a person seeking employment demand and carry written documentation proving the execution of such payment (for example, a receipt, in writing, by the person who received the payment, confirming receipt of the payment, the details of the payment received and the date of the payment).

 

In the nursing and agriculture trades it is only possible to work in Israel through the private bureaus that received a permit to bring, broker the employment of, and handle foreign workers.

Information regarding the procedure regulating the activities of the private bureaus that received a permit to bring, broker the employment of, and handle foreign workers in the nursing trade is available in the internet website of the Immigration and Border Authority on the Ministry of the Interior.   

Information regarding the procedure regulating the activities of the private bureaus that received a permit to bring, broker the employment of, and handle foreign workers in the agriculture trade is available on the internet website of the Immigration and Border Authority in the Ministry of the Interior.  

 

1.5          Employment through Manpower Contractors

It should be clarified: generally, the employment of foreigners in Israel cannot be done through manpower companies.

 

Exceptions to the rule that no foreign workers may be employed by manpower contractors are foreign workers who are employed in the following manner:

 

·         Foreign workers who are employed in the construction trade – Employing a foreign worker in Israel in the construction trade is only possible, today, through specially authorized manpower contractors. These are a number of manpower contractors who received a special permit to employ foreign workers only, in the construction trade only.

The details of these manpower contractors as well as details of the procedure regulating their activities are available on the internet website of the Immigration and Border Authority in the Ministry of the Interior.

 

The special rules that apply to the employment of foreign workers in the construction trade, who are employed through manpower contractors, are set out in a special handbook for foreign workers who are employed in construction. This handbook is available among the handbooks available on this website.

 

·         Special companies called "nursing companies" are involved in the employment of some of the foreign workers who are employed in the nursing trade. These companies received special permission from the National Insurance Institute to provide nursing services to people who require nursing care – who employ those workers – under the National Insurance Law. These companies pay part of the foreign workers' wage.  

Please note: these companies are not the foreign workers' employer in their nursing work. The employer always remains the person  requiring nursing care, he is the one on whom all the obligations of the employer of the foreign worker, who provides him with nursing services, are imposed. The nursing companies are only a "channel" for transferring the "home-care allowance", to which the disabled employer is entitled under the National Insurance Law. The home-care allowance is usually transferred by a payment made directly into the foreign worker's bank account. This is on account of the wage due to him for his total work for his employer – the disabled person entitled to the home-care allowance. The disabled employer will receive a 'wage slip', which is an account of the part of the wage which has been transferred by the company according to the home-care allowance to which the disabled person is entitled as aforesaid.

 

It should be clarified: where an employee is employed through a manpower company, special obligations, under the Employment of Employees by Manpower Contractors Law, 5756-1996, and the Foreign Workers Law, 5751-1991, apply to the manpower contractor who employs him, as well as to the person by whom the worker is actually employed. In addition, special provisions apply to the employment of these workers under collective agreements that apply to the different trades.

 

It should be clarified: all of the obligations that apply to an employer apply to an employer who is a manpower contractor, as well as special obligations. Among other things, the law provides that a manpower contractor or a person by whom the foreign worker is actually employed (that is, to whom the worker was referred to, by the manpower contractor, for employment) will not receive and not demand, in any way, from a worker who he employs or from a candidate for employment by him, any consideration for his services or reimbursement of his expenses, whether directly or indirectly.

 

It should be clarified: the Foreign Workers Law provides that if a manpower contractor who employs the worker does not fulfill his obligations as the employer of the foreign worker – the worker may lodge a complaint in respect of this matter, in the manner prescribed in that law, and to demand the fulfillment of these obligations form the person who actually employs him (to whom he had been referred, by the manpower contractor, for employment). These obligations are, for example, payment of the wage, arranging for health insurance, arranging for suitable housing, etc.

 

2.             The course of Employment

 

2.1          Work Safety

The law imposes different obligations on the employer, related to maintaining the foreign worker's safety at work, as it does in respect to any employee in Israel.

This includes the obligation, imposed on the employer, to provide the worker, at the employer's expense:

Instruction prior to beginning work as well as periodic instruction

Personal protective equipment

A safe work environment

 

More details:

 

Instruction prior to beginning work as well as periodic instruction, on issues related to safety in the particular work which the worker is required to perform – in a manner and in a language which the worker understands;

Personal protective equipment that will protect the worker's different body parts in the course of his work. For example, a suitable mask to protect breathing; shoes that are suitable to the workplace and to the trade; a protective hat; protective glasses; protective gloves; suitable clothes; etc.

A safe work environment in each trade. (there are general provisions as well as special provisions for each trade, including for each branch of industry, the various agriculture trades, the construction industry, etc.)

Some of the laws that prescribe the obligations of the employer concerning work safety are set out in the "legislation" section of the website.

 

2.2          Wage

  

A foreign worker employed in Israel is entitled at least to the minimum wage for his work.

The monthly minimum wage (and the hourly minimum wage derived from this sum) is prescribed in the law, and is NIS 4,300 (the minimum wage per hour of work is NIS 23.12).

Even where a worker is employed under terms according to which he is remunerated according to the volume of work (contractor wage), he is entitled to the aforesaid minimum wage, at least. 

The workers are entitled to additional payment for each working hour, for working during hours beyond the first daily working hours as aforesaid:

For each of the first two hours per day, the additional payment is at the rate of 125% of the agreed regular hourly rate. For each additional working hour, each day, an additional payment at the rate of 150% of the agreed normal hourly rate.

The wage must be paid immediately at the end of the month during which the work for which the wage is being paid was performed, and by the 9th of the following month. A worker who lives at a distance from his workplace is entitled, under an extension order to a collective agreement, to receive a 'travel allowance' from his employer. This allowance is a sum covering the cost of the cheapest ticket for travelling by public transportation to the worker's workplace.

 

More details:

 

Even where a worker is employed under terms according to which he is remunerated according to the volume of work (contractor wage), he is entitled at least to the aforesaid minimum rate, which will be calculated according to the amount of hours required for the purpose of completing the contractual work which he has undertaken to perform.

 

In the matter of payment of proper wage the following should be clarified:   

 

·         Under the Hours of Work and Rest Law, the duration of the normal working day, in Israel, changes according to the number of working days in the course of the working week, and is subject to collective arrangements in the particular trade. In many cases, the number of regular working hours in a normal working day will not exceed 8 hours.

On Fridays and on the eves of holidays the duration of a regular working day is shorter. For working during hours beyond the first working hours of each day as aforesaid, the workers are entitled to an additional payment: for each of the first two hours per day the additional payment is at the rate of 125% of the agreed regular hourly rate. For each additional working hour, each day, an additional payment at the rate of 150% of the agreed normal hourly rate.

 

Please note: there are special trades (especially where the foreign workers are specialists or in the construction field) where the permit that the employers receives to employ the worker or a collective work contract requires the payment of a basic wage that exceeds the minimum wage prescribed in the Israeli law.

Please note this and keep up to date as to these requirements under the various permits (especially in the construction, industry and ethnic cookery trades).

 

(Please note: in respect to workers who are employed in special trades set out in the legislation, specifically workers employed in nursing – the calculation of the regular and additional working hours is different from the one aforementioned. This calculation has been ruled in various court decisions and applies to each case according to its circumstances).

(Please note: in respect to workers who are employed in construction, 'the corporations procedure', that regulates the employment of foreign workers in construction, requires that the manpower companies that employ them ensure that the workers are employed and remunerated for not less than 211 monthly hours).

In addition, collective agreements in the construction industry prescribe a higher minimum wage per regular working hour, as well as for working days the duration of which changes according to the seasons and the weather conditions.

Please note that the wage of foreign workers in the construction industry is paid under the better conditions, prescribed in the collective agreements.

 

Mode of Payment of the Wage

 

·         Under the Wage Protection Law in Israel, the employer must pay the worker his wage – including payments for holidays, labor productivity, overtime and other payments due to the employee for his work and in the course of his work – in cash, but it is permitted that the payment be made by check or money order, if such mode of payment was prescribed in a collective agreement or an individual employment contract, or if the worker has otherwise agreed to it, provided that the worker is able to cash the check or the money order on time.

·         In order to avoid misunderstandings in this matter, it is advisable that the worker and the employer agree that the wage be paid directly to a bank account in Israel, that will be opened and managed only by the foreign worker – it should be clarified: this is also the mandatory mode of payment prescribed in the employment permits granted to the employers of foreign workers in Israel.

Under the Israeli Wage Protection Law, it is permitted, with the written consent of the employee, to pay part of the wage in the value of food and drink, provided for consumption in the workplace, excluding intoxicating liquors, if this mode of payment was stipulated in a collective agreement or  individual employment contract, or if it is a customary term of employment, provided that the value assigned to such food and drink does not exceed their ordinary market value.      

·         It should be clarified: in the nursing trade, it is customary that part of the workers' wage is paid in cash, as weekly pocket money. In addition, it is customary in the nursing trade that part of the wage is paid in the value of food and drink. The exact sums change according to the circumstances of the employment of each worker, and there are various court judgments and decisions in this matter.   

·         It should be clarifiedin the agriculture trade it is customary that part of the wages is paid in the value of food and drink. The exact sums change according to the circumstances of the employment of each worker, and there are various court judgments and decisions in this matter.

 

Date of Payment of the Wage - 

·         Under the Wage Protection Law, the wage must be paid immediately at the end of the month during which the work for which the wage is being paid was performed, and by the 9th of the following month.

·         A wage that was not paid by the aforesaid date is deemed under the law to be a declared wage and the worker is entitled to demand from his employer, in addition to the aforesaid wage, special linkage differentials and special compensation.

 

Travel Allowance

 

A worker who lives at a distance from his workplace is entitled, under an extension order to a collective agreement, to receive a 'travel allowance' from his employer. This allowance is a sum covering the cost of the cheapest ticket for travelling by public transportation to the worker's workplace (this is usually the cost of travel using a "Hofshi-Hodshi" ticket). In any case, the travel allowance to which the worker is entitled does not exceed 26.40 NIS per day. A worker whose employer arranges for the worker's transportation at the employer's expense, or a worker who lives nearby to his workplace, is not entitled to this allowance.

2.3          Mandatory Deductions from Wage

As is the case of any worker in Israel, an employer of a foreign worker is required to deduct payments for income tax and National Insurance fees, at source and prior to the transfer of the payments to the employee.

These payments are prescribed in law and are transferred by the employer directly to the national treasury – the income tax authority and the National Insurance Institute.

It should be clarified: there are income tax payments that are imposed in the employer (such as foreign workers tax) which the employer may not deduct from the wage of the foreign worker and they are imposed solely on the employer.

 

2.4          Voluntary Deductions from Wage

Under the law, an employer may deduct different payments from the worker's wage, as follows:

·         For housing expenses: the employer may deduct from the worker's wage part of the actual cost of the housing which the employer provided to the worker, but no more than a certain amount, prescribed in the regulations.

·         For expenses inherent to housing the employer may deduct from the worker's wage part of the expenses actually incurred by the employer for municipal taxes, electricity, gas and water, which constitute the relative portion attributable to the employee for his residence in the accommodations provided to him by the employer, at the employer's expense.

·         For Health Insurance the employer may deduct from the worker's wage the part of the expenses actually incurred by the employer for the health insurance policy which he acquired for the worker at the employer's expense, as required by the Foreign Workers Law. The amount of permitted deduction is prescribed in the regulation under the Foreign Workers Law.

·         Advance payments made to the employee by the employer on account of his wage, during the relevant month.

·         Different payments which it has been agreed, in writing, between the worker and the employer that they be borne by the employer, and that the employee must reimburse the employer for them (such as loans, the purchase of airline tickets for the worker's holiday in his homeland (Intervisa), etc.).

·         Membership fees transferred to the workers' organization of which the worker is a member.   

 

It should be clarified: the employer must prove, in respect to all these payments, that the payment he had deducted from the worker's wage is indeed the payment actually made by the employer and which the obligation to pay applies to the employee.  

 

It should be clarified: the total amount of deductions (including those which are not for housing and health insurance) from the worker's wage per month may not exceed 25% of his wage for that month.

 

For housing the employer may deduct from the worker's wage part of the actual cost of the residence provided to the worker, but it may not exceed a certain amount prescribed in the regulations. The permitted deduction from the worker's wage depends on the location of the residence provided to the worker (it varies from area to area). The payment is also dependant on whether the employer is the owner of that residence (whether it belongs to the employer or he rented it for the worker from another person).

It should be clarified: the law provides that the employer must arrange for the worker's accommodations at the employer's expense. However, he may deduct from the worker's wage the actual cost of the accommodations of the particular worker, provided that the deducted sum does not exceed the following (according to the area of residence):

 

Area of Residence               Amount of the maximum permitted deduction

Jerusalem                                       386.94 NIS

Tel-Aviv                                          440.30 NIS

Haifa                                              293.57 NIS

Center                                             293.57 NIS

South                                             260.97 NIS

North                                              240.13 NIS

 

If the residence is owned by the employer, the maximum sum permitted for deduction is half only of the sums set out above.

·         Expenses inherent to housing an employer may deduct from the foreign worker’s wage part of the expenses actually incurred by the employer for municipal taxes, the use of water, gas and electricity, which constitute the relative portion attributable to the employee for his residence in the accommodations provided to him by the employer, at the employer's expense.

The amount of permitted deduction is prescribed in the regulations under the Foreign Workers Law (the regulations prescribe the amount of permitted deduction for the worker's accommodations). The amount prescribed in the regulations is the maximum permitted deduction and a lower amount may be deducted (depending on the actual expenses incurred by the employer).

If the worker is employed in nursing care – the amount of permitted deduction will not exceed                  79.41 NIS

In case of any other worker - the amount of permitted deduction will not exceed                                       92.36 NIS  

 

For health insurance the employer may deduct from the worker’s wage a part of the expense actually incurred by him for the health insurance policy he has acquired for the worker, at the employer's expense, as required by the Foreign Workers Law. The amount of permitted deduction is prescribed in the regulations under the Foreign Workers Law.

For an employee who works in nursing care – the amount of permitted deduction is up to half of the amount that the employer actually paid, or NIS 124.73, whichever is lower.

For any other worker - the amount of permitted deduction is up to a third of the amount that the employer actually paid, or NIS 124.73, whichever is lower.

 

·         Advance payments made to the employee by the employer on account of his wage, during the relevant month (provided that these advances do not exceed the wages for the previous 3 months of work of the worker for the employer).

 

·         Different payments which it has been agreed, in writing, between the worker and the employer that they be borne by the employer, and that the employee must reimburse the employer for them (such as loans, the purchase of airline tickets for the worker's holiday in his homeland (Intervisa), etc.).

 

·         Membership fees transferred to the workers' organization of which the worker is a member.  

 

It should be clarified:

·         the employer must prove, in respect to all these payments, that the payment he had deducted from the worker's wage is indeed the payment actually made by the employer and which the obligation to pay applies to the employee, whether under law or according  to the explicit written consent of the worker, given in advance, to the explicit amount that was eventually deducted from his wage.

·         Under the Foreign Workers Regulations, which discuss deductions from his wage for housing, expenses inherent to housing and for health insurance, the total amount of deductions (including those which are not for housing and health insurance) from the worker's wage per month may not exceed 25% of his wage for that month. This is with the exception of the last month of work – where it is permitted to deduct the remainder of the worker's debts to the employer from the last 3 months of work which had not been paid yet by the worker to the employer.

 

2.5          The Wage Slip

Under the Wage Protection Law the employer must issue the worker quite a detailed wage slip.

The employer is required to provide the worker with the wage slip no later than the 9th of the month following the month for which the wage is being paid.

 

Under the Wage Protection Law the employer must issue a wage slip to the worker which will include all of the following particulars.

1.   Particulars of the worker and of the employer -

(a)  Surname and first name of the worker and his identity number;

(b)  Name of the employer, his identity number or corporation number, and the address of the workplace or of the employer's business;

2.  

(a)  Date of commencement of employment;

(b)  Accumulated seniority with the employer or at the workplace, whichever is greater;

3.   In respect to a salaried worker – the position scope; In respect to a wage worker – the basis of payment of the wage; in respect to a worker whose wage is determined according to labor grading under or in accordance with a collective agreement – the worker's labor grading and level.

4.   Date of Payment

(1)  The calendar period for which the wage is paid;

(2)  The number of working days and hours in the workplace during the period for which the wage is paid;

(3)  The number of working days during which the worker actually worked during the period for which the wage is paid;

(4)  The number of actual working hours during the period for which the wage is paid; if the worker is among the workers listed in section 30(a)(6) of the Hours of Work and Rest Law (a worker who works in a special position where it is not possible to actually quantify his working hours – as in the case of some of the nursing care workers, for example), this must be indicated explicitly;

(5)  The number of vacation days that were given during the period for which the wage is paid and the number of remaining vacation days;

(6)  The number of sick days that were used during the period for which the wage is paid and the number of remaining sick days;

5. The Wage Paid to the Worker –

(1)  The value of the wage paid to the worker for a regular working hour;

(2)  The regular wage;

(3)  Other payments, in addition to the regular wage, including overtime pay and the weekly rest, labor productivity recuperation pay, vacation pay and sick pay, etc.; particulars must be given, in respect to the said payments, of the mode of payment, the number of units for which the payment was made – if it is payment is made according to units, and the amount paid;

(4) The total wages and other payments liable to income tax, as well as their accumulated sum in the tax year;

(5)  The total wages and other payments liable to National Insurance fees, as well as their accumulated sum in the tax year;

(6)  The total wages and other payments taken into account for the purpose of pension rights or other social rights, to be detailed according to the type of rights in respect to which it is taken into account;

Where any of the payments set out in this item was paid for a period which is not the period aforesaid in item 4(1), the period for which the payment was paid must be indicated.

6.   The Deductions

(1)  Income tax deduction;

(2)  National Insurance deduction;

(3)  Health insurance deduction;

(4)  Deduction for a provident fund, to be detailed according to the fund for which the deduction is intended and the amount of the deduction;

(5)  Any other deduction, to be detailed according to the type of deduction and the amount of the deduction;

(6)  The total deductions.

7.   Payments Made by the Employer for Social Benefits for the Worker, which are not paid directly to the worker and are not deducted from the worker's wage, including any contribution towards provident fund provisions by the employer.

8.   Particulars of Payment

(1)  The total amount (gross) due to the worker at the date of payment;

(2)  The actual (net) amount payable;

(3)  The mode of payment of the wage; concerning a wage that is paid indirectly under the provisions of section 6 of the law, the person through which the wage is paid is to be indicated, and if the payment is made through a bank account, including the postal company – the account number and the bank details.

9.   The Minimum Wage per Month and the Minimum Wage per Hour, under the Minimum Wage Law, 5747-1987, updated as of the period for which the wage is paid; However, in respect to a worker who is under 18, the minimum wage as aforesaid that was prescribed in section 16 of the said law is to be indicated in the wage slip, according to the worker's age.

 

The employer must deliver the wage slip to the worker no later than 9th of the month following the month during which the work for which the wage is being paid was performed.

 

The law does not require employers in the nursing trade (who are individuals for purposes concerning the worker who they employ outside of their business or trade) to issue a wage slip.

However, it is advisable that such employer keep and provide his worker with a wage slip, as well as a register of the working hours during which the worker was employed by him, in order to avoid disputes and unnecessary mutual claims concerning this matter.

 

2.6          Maintaining a Register of the Hours of Work and Rest and of Vacations

Under the Hours of Work and Rest Law, in any place that is used for a business or a trade or a public service, the employer will keep a register in respect to each employee employed by him, including each foreign worker.

The law sets out the particulars that are required in such register.

 

This register must be in a language which the worker understands and can read, and it must be confirmed, among other persons, by the worker. The employer must provide the worker with a copy of this register.

The employer must list in the time card he is required to keep, among other things, the working hours, hours of rest, vacation days and sick days taken by the worker.

 

More details:

 

The register will indicate in general and regarding each working day of the following:

(1)     The first name of the worker, his father's name and his surname;

(2)     His I.D./passport No.;

(3)     His address;

(4)     The date of commencement of his employment by the employer;

(5)     His working hours;

(6)     The weekly rest hours;

(7)     Hours of overtime;

(8)     Overtime pay;

(9)     Pay for weekly rest;

(10)  End of employment by the employer.

 

It should be clarified: under the Foreign Workers Law – in order to exercise the permit he has received for employing the worker, an employer must keep a register of the hours during which the worker was employed by him, as well as a list of the days during which the worker was absent from work (because of a vacation, illness or for any other reason).   

This register must be in a language which the worker understands and can read, and it must be confirmed, among other persons, by the worker. The employer must provide the worker with a copy of this register.

 

It should be clarified: This obligation does not apply to a person who is an individual concerning the worker who he employs outside of his business or trade.

However, it is advisable that such employer keep and provide his worker with a wage slip as well as a register of the working hours during which the worker was employed by him, in order to avoid disputes and unnecessary mutual claims concerning this matter.

 

The employer must list in the time card he is required to keep, among other things, the working hours, hours of rest, vacation days and sick days taken by the worker.

   

2.7          The Right to a Weekly Rest & to a Break During the Working Day

Under the Hours of Work and Rest Law, every worker is entitled to a weekly rest period of consecutive 36 hours on his rest day.

A person who is employed during the weekly rest period is entitled to a wage at the rate of 150% for each working hour as aforesaid. In addition, the worker is entitled to other hours of rest replacing those during which he was employed on his weekly rest period.

 

Under the Hours of Work and Rest Law, in a working day of 6 hours, every worker is entitled to a 3/4 of an hour break for the purpose of rest and a meal. On the day preceding the weekly rest period – the duration of the break is 1/2 an hour. If the worker is required to stay at the workplace during the break – he must be paid for this time, and if not – the break is not paid.

Under the Hours of Work and Rest Law, there must be a break of at least 8 consecutive hours between every two working days.

 

It should be clarified – in the nursing trade special arrangements apply concerning hours of work and rest, and they are different in each case and its circumstances.

Therefore, the worker and his employer should receive advice prior to the beginning of employment, regarding the arrangement appropriate to the special circumstances of the employment, concerning the hours of work and rest and concerning the pay for working during hours of rest.

 

2.8          Vacation Rights

Under the Annual Leave Law, the worker is entitled to receive paid vacation days.

The number of vacation days depends on the worker's seniority in the workplace: for each of the first 4 years of employment the worker is entitled to 14 annual vacation days and for the fifth year – 16 vacation days.

Under the law, days on which there is not work because they are: holidays under law or agreement or according to the custom at the work place; maternity leave; days of mourning; strike days; the advance notification period prior to the termination of employment, are not deemed to be "vacation days". 

On days during which the worker was on vacation under the law, the employer will pay leave pay, which is the regular wage that he would have paid the worker had he not taken a vacation during those days.

 

The date of the vacation must be prearranged and prescheduled by the worker and the employer at least 14 days in advance, unless the vacation is of less than 7 consecutive days.

 

The number of vacation days depends on the worker's seniority in the workplace: for each of the first 4 years of employment the worker is entitled to 14 annual vacation days and for the fifth year – 16 vacation days.

 

It should be clarified: there are different rules for calculating the vacation days due to a worker who worked for a particular employer only part of the year, and different rules for calculating the vacation days due to a worker who worked for an employer for a daily or hourly wage, compared with a worker who received a monthly salary for a full month of work.

 

It should be clarified: with the employer's consent, it is possible to take only 7 vacation days in a certain year, and defer the remaining days to the following two years of employment.

 

It should be clarified: Under the law, days on which there is not work because they are: holidays under law or agreement or according to the custom at the work place; maternity leave; days of mourning; strike days; the advance notification period prior to the termination of employment, are not deemed to be "vacation days".

 

On days during which the worker was on vacation under the law, the employer will pay leave pay, which is the regular wage that he would have paid the worker had he not taken a vacation during those days (a worker who receives a wage calculated per hour or per day – will receive payment for vacation days according to a calculation of his average wage for one working hour, as described in the Annual Leave Law.

The leave pay must be paid on the date of payment of the wages.

 

2.9          Recuperation Rights

Under the extension order to a collective agreement, every worker in Israel is entitled to be paid the expenses of rest and recuperation.

The updated amount as of the date on which this handbook is prepared is, in most cases, 374 NIS for each recuperation day.

The workers are entitled to a number of recuperation days in accordance with their seniority at work:

-          for the first year of work – 5 days

-          for the second and third years at the workplace – 6 days

-          for the fourth and until the tenth year at the workplace – 7 days

The recuperation pay is paid only once a year, usually between June and September.

 

2.10        Sick Pay Rights

 

Under the Israeli Sick Pay Law, a worker who is absent from work due to illness is entitled to receive "sick pay" from his employer.

"Sick pay" is 75% of the wage which the worker would have been entitled to receive if he would have worked during that period and if he wasn't ill during that period.

"Sick pay" is paid as follows:

(1)   Starting from the fourth day of his absence – all the "sick pay" due to him;

(2)   For the second and third days of his absence as aforesaid – half of the "sick pay";

The period of entitlement to "sick pay" will not exceed a cumulative period of a day and a half per each full working month during which the worker worked for a particular employer or at a particular workplace, and it will not exceed 90 days.

A worker who was absent from his work due to his illness may not be dismissed.

Sick pay is considered to be wages for all intents and purposes.

 

It should be clarified: a "period of sickness" under the Sick Pay Law differs according to the mode of payment of the wage to the worker, and according to the manner of his employment (continuous or intermittent). It is possible to find information concerning the payment in each case in the Sick Pay Law.)

 

It should be clarified: where, on the basis of medical findings, a physician establishes that, owing to medical handicaps, a worker is incapable for certain period of time of carrying out work of a particular nature or under certain conditions and that as a result he is only capable of carrying out his work partially, and the employer offers him suitable other full-time or part-time work, at the same place of employment, the worker shall not be entitled to sick pay, but his wage for the work offered him shall not be less than the wage he would have received if he had continued with his former work, calculated on the basis of the components referred to in calculated sick pay under the law.

 

It should be clarified: a worker who was absent from his work due to his illness may not be dismissed during the period of entitlement to sick pay that is accumulated for his benefit under law or a collective agreement, up to the maximum period of entitlement (unless notice of the termination of employment had been given before the worker was absent from work due to his illness).

 

It should be clarified: sick pay is deemed to be wages for all intents and purposes.

 

2.11        Pension Rights

Every worker (including foreign workers) is entitled that monthly contributions towards pension provisions be made for his benefit, as  'pension savings'. This entitlement is pursuant to an extension order to a general collective agreement concerning this matter. The extension order can be found in the "legislation" section of this website.

 

These are funds that every employer is obligated to make contributions towards provisions for 'pension savings' as well as for severance pay, which he may be obligated to pay to the worker at the termination of the employment relations.

 

Under the extension order, the contributions towards provisions for the pension savings are made in part by at the expense of the employer and in part at the expense of the worker.

 

One of the recommended ways of making contributions towards these provisions is set out in the instructions of the director of the support unit dated 8.5.08, appearing in this link.

 

  

3.              Work Injury

 

3.1          The Obligation to Report a Work Injury

Under the Occupation Accidents and Diseases Ordinance, an employer must report to the authorities any injury suffered by a worker who he employs. 

Attached is a link to the website of the Ministry of Industry, Trade and Labor, from which the form for notifying the authorities of an injury can be downloaded

 

3.2          The Obligation to Help the Employee Receive Medical Treatment following the Injury and the Filling of Forms for the Purpose of Treatment and of Exhausting his Rights within the National Insurance

Under the law, a foreign worker injured in an accident at work is entitled to receive medical treatment and benefits from the National Insurance Institute, as is an Israeli worker. His employer must assist him in receiving such treatment.

Attached is a link to the National Insurance Institute, where the rights of the foreign worker within the National Insurance Institute, including, among other things, the rights of the foreign worker who was injured in an accident, are set out.

 

Very important: a worker that was injured at work and wishes to implement his rights according to the National Security Law, must demand his employer to inform the National Security that he was injured at work on a special form the employer must fill, called : "B.L. 250 form"

 

4.             Ending Work  Relations

 

4.1          Where Initiated by the Employee – Implications

Where, for any reason, the foreign worker is interested in ending his work for the employer – he may do so without any concern, and he may not be prevented from doing so.

Ending the employment is subject to the provisions of the Prior Notice of Dismissal and Resignation Law, pursuant to which the worker must give his employer prior notice of his intention to end the work relations between them.

The length of the prior notice period is according to the worker's seniority with his employer and to the manner of his employment (whether he received a salary for a full months' work or he was employed and received a wage on a daily or hourly basis). In any case, this period will not exceed one month.

 

If the worker failed to give his employer notice as aforesaid, a payment in lieu of prior notice is expected to be deducted from his final wages.

 

Attached is a link to the Prior Notice of Dismissal and Resignation Law.

 

More details:

 

It is advisable that the notice be given in such a manner that the worker will be able to prove its delivery to the employer (preferably in writing, in a language which both the worker and the employer understand, by registered mail with delivery confirmation, or by similar means).

 

If the worker failed to give his employer notice as aforesaid, a payment in lieu of prior notice is expected to be deducted from his final wage (which is the value of the wage that would have been paid to him for the period during which he should have given prior notice and continued to work.

 

It should be noted that during the 'prior notice period' the worker is permitted to be absent from work, in a reasonable manner, for the purpose of finding another job. These absences must be prearranged and prescheduled with the employer.

 

It should be clarified and emphasized

The foreign worker must remember that he is in Israel under a limited permit, solely for the purpose of work. If he initiates the end of work he must notify the Immigration Authority of this immediately and arrange the continuation of his permit to stay in Israel.

A worker who stays in Israel for a period of 30 to 90 days (the number of days varies according to the procedures of the Ministry of Interior – the Immigration Authority, according to the different trades) without employment that is documented and registered at the Immigration Authority, by an employer who holds a permit to employ him in the trade in which he arrived in Israel to work, is expected to be deported from the country)

 

In some of the trades there are some restrictions on the ability of the worker to initiate the termination of work relations with his employer, that are set out in the different procedures that are published, from time to time, by the Immigration Authority, and these restrictions should be taken into account when the employer decides whether to end his working relations with his employer.

 

4.2          Where Initiated by the Employee – Implications

Under the Prior Notice of Dismissal and Resignation Law an employer can also initiate the termination of work relations with the foreign worker.

 

The employer must also give prior notice of his intention to dismiss the worker. (The length of the period is usually the same as the one required of the worker, except in certain trades (such as construction workers) where the procedures prescribe a different prior notice period).

 

All of the aforementioned rules, that apply to the prior notice of a worker to an employer, also apply to the prior notice required of an employer.

 

Under the Severance Pay Law, where an employer dismisses his worker, he is obligated to pay him severance pay. Attached is a link to the Severance Pay Law.

 

The employer must pay the worker severance pay at the date on which he is required to pay the worker his final wages for the period of his work.

 

A worker who has not received severance pay is entitled to claim it from his employer and to receive an additional and particularly high pay as a result of the failure to pay severance pay on time.

 

There are cases in which a worker is entitled to receive severance pay even if the termination of work was not initiated by the employer, and sometimes even if the termination of employment was initiated by the worker.

 

There are other cases in which a worker is not entitled to receive severance pay, even if the termination of employment was initiated by the employer (these cases are rare and usually the worker in question caused damage to the employer in some way in the course of his employment).

 

In the event of the termination of work relations because the employer died or because the employer is a company that was dissolved – the worker is also entitled to severance pay.

 

There are trades in which the permit to employ the foreign worker, that the employer received, prohibits him from dismissing the worker during the first year of his stay in Israel. It is advisable to find out the procedures that include provisions concerning this matter.

 

Under the procedure regulating the employment of foreign workers employed in the construction trade – they are entitled, at the end of their employment in Israel, to receive a 'deposit' that is accumulated for their benefit during the period of their employment.

This 'deposit' includes, among other things, the severance pay due to them at the end of their employment.

Details concerning the deposit and the manner of its accumulation and payment are available in the "corporations procedure" that is published on the website of the Ministry of Interior – the Immigration Authority – in the "procedures" chapter, under the heading "the State of Israel".

 

Please note: the case law deemed circumstances of the death of an employer as circumstances in which the worker is entitled to severance pay as well as payment in lieu of prior notice. This information is relevant mainly, but not exclusively, to employers in the nursing trade. The relevant case law is available in the "legislation" section of this website.  

 

 

5.             Complaints and Claims Concerning Violations of the Rights of the Foreign Worker

 

5.1          In respect to Matters Related to the Violation of the Worker's Rights under Labor Law

Under an amendment recently made to the Foreign Workers Law, the institute of the Section in Charge of Foreign Workers Rights at Work in the Ministry of Industry, Trade and Labor was established. Any foreign worker, or any other person, who wishes to file a complaint concerning the maintaining or the violation of the rights and obligations of foreign workers and their employers, may apply to the Section in Charge of Foreign Workers Rights at Work and file a complaint with him or her.

 

It should be clarified that the labor law issues which the Section in Charge of Foreign Workers Rights at Work is authorized to resolve, are those set out in this handbook, or other rights under labor laws.

 

The ways of applying to the Section in Charge of Foreign Workers Rights at Work are as follows:

In writing: at the address – Iris Maayan, Head of Section in Charge of Foreign Workers Rights at Work, the Ministry of Industry, Trade and Labor, 53 Salame St., Tel Aviv;

By telephone: 03-7347230   050-6240546;

By fax: 03-7347269;

Through the website

 

The Head of Section in Charge of Foreign Workers Rights at Work is authorized to resolve the complaints or to decide that other proceedings are appropriate; including mediation proceedings, or other proceedings (criminal or administrative), which will be initiated by the Section in Charge of Foreign Workers Rights at Work or by other government bodies to whom the complaint will be referred. The Section in Charge of Foreign Workers Rights at Work will reply to the complainant as soon as possible and notify him of the course of action he has decided to take, following the filing of the complaint.

  

5.2          In Respect to Matters Related to the Regulation and Enforcement Authority of the Ministry of Interior – the Immigration Authority

Information on such complaints and claims is available on the website of the Immigration Authority in the Ministry of Interior

 

5.3          In Respect to Matters Related to the Committing of Various Offenses against a Foreign Worker during the Course of his Employment

These matters include, among other things, the perpetration of the offenses of such as violence, rape, sexual harassment, extortion, fraud, theft, burglary, any other offense causing bodily injury or damage to property, forgery, etc.

 

All of these matters are handled by the police, and a complaint should be filed at the nearest police station, and the police will take the complaint or refer the complainant to the investigative police body authorized to continue handling the complaint.

 

It should be clarified – if the complaint in question is in respect to offenses of employing a worker in slavery conditions, forced labor, or trafficking in workers for work purposes, the complaint may be filed to each of the abovementioned bodies, and it will be accordingly handled and resolved urgently.

 

 

6.             Information and Legal Aid

 

Offenses of slavery and human trafficking!!

Were you employed in extremely harsh conditions?

Were you denied basic freedoms?

Were you denied basic human conditions (such as food, separate sleeping accommodations, medical treatment which you needed).

You may be a victim of the serious crime of keeping workers in slavery conditions or trafficking in persons.

If so, you may be eligible for free help from the Legal Aid Department.

This right includes the filing of a monetary civil claim against the people who harmed you by committing this offense, as well as assistance in the matter of your stay in Israel as a victim of this serious crime.

The Legal Aid Department is an independent body that is represented by attorneys who are obligated to represent only your interests.

In order to receive information regarding your entitlement to legal aid, or more details, please contact the Legal Aid Department in Tel Aviv, the contact details of which are:

Tel: 03-6932743 Fax: 03-6932755

Address: Henrietta Sold St. No. 4 , Tel Aviv.

If you don't own a telephone card or a cellular phone, and you are staying at a custody facility, the facility staff will give you access to a phone, in order that you can call the department.

Please leave your full name, telephone number and address (or the particulars of the facility in which you are detained, including the numbers of the wing and the room, and the detainee number, if it is known to you).

If you are in a custody facility, you must apply for legal aid as soon as possible, following the reception and processing procedures in the facility.    

 

General Advice

For general information and advice and legal aid for foreign workers, you may contact the following voluntary (Non Governmental) organizations, that handle requests by foreign workers:

Kav La’Oved:

Tel Aviv branch – Nachalat Binyamin St., Tel Aviv. Tel: 03-6883766 fax: 03-6883537. Information in Chinese: Monday - 18:00-20:00.

Haifa branch: 18 Herzl St., 2nd floor, room 224, Haifa, Tel: 04-8643350, Fax: 04-8644238

Jerusalem branch: 6 Yanai St., Tel: 02-6242801 Fax: 02-6232868

Beer-Sheva branch: 19 Rager St., Tel: 08-6239619 Fax: 08-6230531

 

Hotline for Migrant Workers –

Tel: 03-5602530 Fax: 03-5605175

Address: 33 Hachashmal St., Tel Aviv (Sunday-Thursday: 10:00-18:00, Friday: 10:00-13:00)

 

Physicians for Human Rights (Israel) –

Tel: 03-6873718

Address: 52 Golomb St., Tel Aviv

Free medical treatment, advice in matters of health rights and health insurance, and representation before insurance companies:

Clinic hours: Sunday, Tuesday, Wednesday between 17:00 – 21:00

Monday- gynecological clinic: 17:00- 21:00.

 

Rape crisis hotline of the Association of Rape Crisis Centers

Tel: 1202

 

Emergency Telephone Numbers:

 

Police: 100

Fire Department: 101

Magen David Adom: 102

 

Embassies

 

The following is a list of a number of embassies, further information is available on the website of the Ministry of Foreign Affairs

 

Phillipine Embassy: 18 Benai Dan St., Tel Aviv, Tel- 03-5440527,

03-5461499, Fax: 03-6041038

 

Thai Embassy: 1 Aba Even St., Herzliya, P.O.B 2125, Tel: 09-9548412, Fax: 09-9548417

 

Chinese Embassy: 222 Ben Yehuda St., Tel Aviv,

Tel: 03-6958980, Fax: 03-6958991

 

Indian Embassy: 140 Yarkon St., Tel Aviv, Tel: 03-5291999,

Fax: 03-5291953

 

Ukrainian Embassy: 50 Yirmiyahu St., Tel Aviv, Tel: 03-6021952,

Fax: 03-6042512

 

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