Employment

In this section you’ll find tips regarding employment and employer/employee relations. To keep up-to-date please subscribe to this blog using the SUBSCRIBE link in the sidebar.

Everything you wanted to know about Garnished wages

Moshe

What are garnished wages ?

Garnished wages are amounts that require  one party who owes another party money, to transfer all or part of the owed sum to a third party. The third party can be the Tax Authority, Bituach Leumi, or any entity to whom a court decision has rendered a decision to their credit. In most cases the collection and distribution of collected funds are via the Authority of Enforcement and collection’s execution chamber (Hotza’a lepoal).

How are employer’s notified of garnished wages orders?

Written notification is issued by the Autority of Enforcement and Collection and sent to the employer of the entity who owes money. This notification is binding and includes the creditor’s name and address, the total sum owed and what the reason for the debt is. It is common for such notifications to be sent to companies, garnishing sums owed to suppliers, or to employers, garnishing sums owed to salaried employees (payroll) – which is the focus of this post.

What do I need to do if I received a garnished wages order ?

The recipient of a garnished wages order  must send a written reply within 7 days of receipt, as to whether they can comply, or not (such as if the employee no longer works for them, is unknown, or no money is owed to them.
Employers who do not send a reply to notifications and/or do not comply with the instructions on the garnished wages order notification open themselves up to legal action by the creditor which can result in them absorbing the debt themselves!

Are all garnished wages orders the same ?

No! There are two basic types of garnished wages: 1) alimony and 2) everything else.

1)      Garnished wages for alimony payments.

2)      Everything else

In addition, there are garnished wages orders for set amounts per month, there are those that only state the total sum owed and there are those that specify a set % of the wages owed. It is extremely important to note the reason for debt, because if it is alimony, the table below does not apply and all the net pay needs to be garnished until the sum of debt is paid.

 

Am I required, as a recipient of a garnished wages order, to zero out all of the employee’s net wages?

The protection of salary law specifies amounts (see table below) that are exempt from garnished wages orders, based on marital status and the number of children up to age 19 in the debtor’s care. If the exempt amount is more than 80% of the monthly salary, the garnished pay will be reduced to 80% of the monthly salary.
If an employee is employed at a daily rate, the garnished wages shall not exceed 25% of the daily rate.

In general, the amounts relate to net pay after deduction of mandatory deductions (tax, social security, health tax). Any other deductions are considered wages for all purposes and intents.

This does not apply to alimony payments.

Table of amounts exempt from garnished wages orders (except alimony):

From

Single

Single + 1 child

Single + 2 children
or more

Female widow + 1 child

Female widow + 2 children or more

Couple

Couple + 1 child

Couple + 2 children or more

01.2013

2,122

3,008

3,517

3,432

4,281

3,183

3,692

4,201

01.2012

2,093

2,966

3,467

3,384

4,221

3,139

3,641

4,143

01.2011

2,040

2,892

3,381

3,298

4,114

3,059

3,549

4,038

01.2010

1,995

2,863

3,347

3,266

4,074

3,028

3,512

3,997

01.2009

1,921

2,723

3,183

3,106

3,875

2,881

3,342

3,803

01.2008

1,838

2,605

3,047

2,973

3,708

2,757

3,198

3,639

01.2007

1,788

2,534

2,963

2,892

3,607

2,682

3,111

3,540

The Authority of Enforcement and collection’s service and information hot line is: *35592  and operates:  Sun –Thurs  08:00 – 16:00

Partial Vacation Days

Moshe

What happens if an employee takes a half day of paid vacation ?

In terms of payment, they would receive a full day’s pay. However, the issue isn’t as simple when debiting an employee’s vacation day balance. Apparently, as reflected by a recent labor court verdict, which determined that any day that an employee shows up at work is to be considered a work day. The same day cannot be counted twice !

The same would apply towards half days taken as sick days. In actuality, they are work days and travel expenses will need to be paid for them. The missing hours should be deducted as such and the payment should be itemized separately.

The employer and employee can agree on payment for half days and there are certain sectors that have explicit sections about this issue.

 

Severance Pay – a minor detail you should be aware of

Moshe

Everyone knows that when an employee is terminated and he has worked for at least one year for the employer, he is eligible for severance pay. Most employees also know that severance pay is one month’s pay (according to the last full salary) multiplied by his tenure. Or in layman’s terms, one month’s pay for each full year worked and prorated for any portions of a year.

The “minor” detail that everyone should be aware of is the question of what actually is the “last full salary” ?

Well, it really depends on how you are employed. The simple case is that of an employee who receives a monthly based salary, then the above would apply.

However, there are other types of salaries: Hourly based, Daily based, job based.

Many unique scenarios can also have an effect on what the “last month’s pay” actually is and thus effecting how severance pay is calculated.

For instance, an employee who worked full-time and changed to part time at some point (or vis-versa), an employee whose pay was reduced, an employee that had a temporary change in his last salary, an employee whose type of employment changed in essence, an employee whose position changed in essence or an employee who receives a base pay and changing commissions.

The Labor laws all specifically address these scenarios by dividing up the salary into several parts, before and after the change and a separate calculation is done for each part accordingly.

Those who receive changing salaries due to hourly or daily rates that change each month due to the number of hours/days worked or due to commissions – an average of the last 12 salaries is used as a basis for severance pay calculation.

 

Minimum wage update – April 2013

Moshe

Effective from April 2013’s payroll the minimum wages will be updated as follows:

Monthly rated employees

Apprentices 2,580.-
up to age 16 3,010.-
from age 16 to age 17 3,225.-
from age 17 to age 18 3,569.-
age 18 and up 4,300.-

Daily rated employees

  5 day work-week  6 day work-week
Apprentices

119.08

103.20
up to age 16

138.92

120.40
from age 16 to age  17

148.85

129.-
from age 17 to age 18

164.72

142.76
age 18 and up

198.46

172.-

Hourly rated employees

Apprentices 14.91
up to age 16 17.40
from age 16 to age 17 18.64
from age 17 to age 18 20.63
age 18 and up 23.12

These rates are mandatory for all employees in Israel, regardless of sector (public and private), industry, vocation or tenure.
Employers who pay less than the above minimum wages risks penalty (stiff fines and even imprisonment) and prosecution in Labor court, by the Ministry of Industry, Trade and Labor, as a criminal felony  for violation of Labor laws.

 

Working hours on Israel’s Memorial Day & Independence Day

Moshe

Memorial Day of Israel’s Fallen soldiers is Monday April 15th, 2013

According to the fallen soldiers law (1963), any employee who is one of the following:
*  parent
*  grandparent
*  spouse
* child
* sibling

of a fallen soldier, is eligible to be absent from work on this day without liability of deduction from pay.

 

Independence Day (Yom Ha’atzmaut)

Israel’s 65 birthday is Tuesday April 16th, 2013

According to the Independence Day law (1959), This is a paid national holiday. This applies to all employers in Israel.

The day prior to Independence Day (Memorial Day or Erev Yom Ha’atzmaut) is a shortened work day, by law.
Employees who work an 8 hour workday, need work only 7 hours.
Employees who work a 9 hour workday, need work only 8 hours.
Places of employment that have a collective or personal agreement, or custom which is more favorable to the employee than the law, these would take precedence.
There is no deduction for missing hours for this day.

To be paid for Independence Day, you need to have at least 3 month’s tenure with your employer and you need to work the day before and the day after Independence day.

Employers that are not included in the list of places that need to operate on a holiday which is published by the Prime Minister’s Office are not allowed to force their employees to work on Independence Day as publicized by the Israeli Labor Court.

Employees who work for an employer who is included in the list, are entitled to 200% for all hours worked from 24:00 (midnight) on Memorial Day until 24:00 on Independence Day.
Payment for Independence Day needs to be itemized separately on the payslip.

 

 

Employee’s Rights Lecture – Tel-Aviv – May 5th 2013

Moshe

Are you receiving all you should from your employer, by law ?

Is your payslip hard to understand/ decifer ?

What should you do if you’re not ?

And what are your rights ? What can you do about it (aside from quitting your job) ?

Come find out the answers to these questions and more…….

What: Employee’s Rights Lecture

 Date: Sunday, May 5th, 2013 at 18:30 

 Where: AACI Tel-Aviv  –  94/a Allenby Street 

       

Pre-registration required. There is a small fee to attend. Please contact to register:

 contact: Helen Har-Tal –    Tel: 03-6960389       Email: aacicentralregion@gmail.com

Youth employee ? Download new application to know your rights !

Moshe

The Ministry of Industry, Trade and Labor has launched an application that can be downloaded for free to an Iphone and will soon be available for smartphones too. If you are between the ages of 14-18 and employed or if you have children or grandchildren who are, this is for them !

What will this enable users to do ?
1. Know your rights and the employer’s lawful responsibilities towards youth
they employ.

2. Enable youth to keep track of their hours in an organized manner.

3. Salary calculator to figure out what you are owed.

4. Contact details for complaints to the Ministry’s labor law enforcement dept.
if they feel their employer is not obeying the laws.

5. Enable users to define a goal to save for, and enable them to track how many
more hours of work they need to reach their goal.

 

For now this application is available only in Hebrew.

It is downloadable from the Ministry’s website, here:

http://www.moital.gov.il/NR/exeres/46273C9D-B2FF-4DB3-A4ED-8D80E5BAC62F,frameless.htm

Employee sexually discriminated against

Moshe

The municipality of Petah Tikva started a project for police patrol service via a security company. The service was to operate 24/7 via foot-patrol and motorized patrol.

Noa was invited to an interview and accepted to this position along with 16 others. She was the only female in the group. Noa was slotted in to do only the foot patrol on all her watches. She asked the person in charge of scheduling the shifts to put her on some motor-patrols as well, but was turned down, according to Noa “because people don’t want to see a woman driving a jeep…”

She was requested to pass an internal driving test to show she is capable of “navigating in the area” before she would even be considered for a motorized patrol, even though none of the other employees were required to do so.

Noa submitted a formal complaint to the labor court against her employer demanding 100,000 sh in damages pertaining to non-compliance with the equal opportunity in employment law, loss of income and tarnishing her good name and aggravation.

The labor court issued the following verdict:

The equal opportunity in employment law clearly states in section 2a that it is forbidden to discriminate due to sex, among other things, in accepting a candidate for employment, in training a candidate, in firing an employee, etc.
The law passes over the responsibility to the employer to prove their was no foul play and discrimination in his decision.

The court found that Noa wasn’t scheduled for motorized patrols simply because she is a woman. Also the fact that she was required to take extra tests as opposed to the men. Noa also submitted  taped conversations between herself and her employer to back her claims. The court ruled that this is indeed invalid discrimination and although no monetary damage was proved, the court still believed that this type of behavior needs to be curbed harshly and therefore fined the employer 55,000 shekels.

Bituach Leumi – Tax or benefit ?

Moshe

Many Olim do not understand why they need to pay Bituach Leumi and Health Tax from their salary. “I pay my health tax to Kupat Cholim, so this is a double tax” or “I have health insurance from abroad – I don’t need it, so can’t I just tell my employer to cancel it and not deduct it from my pay ?” are just a few of the questions I am asked frequently.

Well, no,  you cannot just cancel it.   Let’s start at the beginning:  Before this started ( the mandatory health tax) in Jan 1995, people could choose not to be a member of a health fund (kupat cholim) and they weren’t insured. Each fund had it’s own criteria and could accept members, or not, according to their own criteria. These included past medical history, so for example, someone who had diabetes would not be able to choose which fund they wanted but were only accepted to Klalit.

The other thing was that each fund had different rates that were based on the member’s gross income. There were problems with this system too. If both husband and wife worked they paid more than if only one of them worked.
Let’s say that someone was wealthy, but was doing internship as a lawyer  and thus making minimum wage, they would pay the minimum where someone else who made a bit more than that and maybe wasn’t as wealthy might pay double what the wealthy intern was paying.

Many people would forge payslips in order to get reduced rates.

The Health Ministry by introducing the mandatory health law put all of this in the past. Everyone who has Israeli citizenship must have a health fund. You can choose any fund and they must accept you. Today this is done simply by filling out a form at your local post office with your teudat zehut.
The basic coverage is deducted from the salary and transferred by the employer to Bituach Leumi each month. Each fund has additional coverage packages that are optional and one needs to sign up via the fund directly. payment is between you and the fund and there is no connection to your employer or your payslip.

The problem is that these additions are not cheap, but without them you will not get very much insurance at all. The basic insurance covers only what is specified by the law. (the coverage is updated from time to time – usually when the state budget is passed in the knesset)

So, in a way- Yes it is a double tax. If you work you pay, if not, not. However it is mandatory and not optional. If both Husband and wife are working you’re both paying, if only one works, the other is exempt from payment, either way you get the same coverage.

Employees that are Foreign workers or receiving an old-age stipend from Bituach Leumi are exempt from paying the health tax via payroll. (As opposed to Kupat Cholim payments which are a type of Insurance and non-payroll related. – contact your local Kupat Cholim for rates, etc)

Bituach Leumi is Social Security. The months that you work ensure that you procure credit for them via the deductions from your salary.

You are buying coverage for the following:

  • old age stipend (Women from age 62 and men from age 67)
  • work-related accident
  • maternity leave
  • employer bankruptcy
  • loss of work ability stipend
  • unemployment
  • health insurance
Each of the above have specific criteria, who is eligible and under which circumstances (see Bituach leumi’s website for more information: http://www.btl.gov.il/English%20homepage/Pages/default.aspx)
Both employer and employee contribute towards the health tax and social security as a pro-rated percentage based on the total gross taxable salary.
The percentages differ between age groups (under 18, 18-62, 62-70, 70 +) as well as between foreign residents and Israeli citizens.
Anyone who is receiving an old-age stipend is exempt from both the health tax and social security.
There are two levels: The lower level is up to 5,171 sh gross (updated Jan 2012) and the percentages are listed as follows (lower rate listed first higher rate (over 5,171 sh and up to a ceiling of 41,850 sh monthly).
Age                                                              Social Security   Health tax Who pays
18 – retirement age 0.4 %  / 7 % 3.1 % / 5 % employee
18 – retirement age  3.45 % 5.9 % employer
up to age 18 or above retirement age and receiving old age stipend 0.38 % / 0.93 % exempt employer only
From retirement age – (but not receiving old age stipend) 0.27 % / 4.86 % 3.1 % / 5 % employee
From retirement age – (but not receiving old age stipend) 3.15% 5.38% employer
Above old age stipend age  (but not receiving old age stipend) exempt  3.1 % / 5 % employee
Above old age stipend age  (but not receiving old age stipend) 0.38 % / 0.93 % exempt employer
Foreign employee  0.04 % / 0.87 % exempt employee
Foreign employee  0.49 % / 1.17 % exempt employer
Employee on non-paid vacation 6.57 %  from min wage exempt employee
These are Social laws that enable most employees to be eligible for a series of possible stipends for events that can occur during a lifetime.
Although Bituach Leumi is still far from a service-oriented organization, at least today they have computers. I guess that in itself is a huge accomplishment due to the work-ethics and culture in Government agencies and the educational background of their employees.

 

 

 

Minimum wage update – Oct 1st 2012

Moshe

Great news for all salaried employees who earn minimum wages. After the govt. raised the v.a.t. and the latest price hikes in almost everything we buy, The minister of Industry, Trade and Labor, Shalom Simchon announced today that the minimum wages will be raised from October 1st, 2012. This is the last update according to the last labor agreement signed two years ago between the Histadrut Haklalit and the Israeli Government and the Industry Union. The last update of the minimum wage was in July 2008.

The new hourly rate will be 23.10 sh (prev. 22.04)

The new monthly rate will be 4,300 sh (prev. 4,100)  – a 4.9% increase.

This also effects the hourly rate for youth, as follows:

up to age 16 – 3,010 sh

up to age 17 – 3,225 sh

up to age 18 – 3,569  sh

 

This notification was issued early, prior to the Jewish new year (Rosh Hashana) and according to the Central Bureau of Statistics will effect about 600,000 employees in Israel.

 

 

Company officers and executives can be prosecuted !

Moshe

If you are a company executive or officer and your job entails employing workers  this post is for you,

It is your responsibility to be updated, to know and be familiar with the latest laws, regulations and court verdicts in this field.

You must control, oversee and issue directives in order to notify the company where you are employed that they are acting legally or not.

New regulations will be coming into effect on June 19th 2012 which call for closer control and inspection by the Ministry of Trade, Industry and Employment for violations of mandatory labor laws in Israel.

Violators will be prosecuted, including company officers or executives, personally ! This is a criminal offense and can be punished with administrative fines of up to 35,000 shekels for each offense or even jail time.

It is your duty to do everything in your power to make sure that the law is adhered to. Do not play around with employee’s rights, it is not worth the risk of the good name of your company.

The Ministry has allocated a special tab on the menu of their website where they will publish the names of all employers who have violated the law !

Potential employees who are searching for a job can check this site to see if the employer is listed – they might get an indication whether they want to work for such an employer or not.

 

 

 

 

 

Employee’s rights on employer’s bankrupcy

Moshe

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

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

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

 

Who is eligible ?

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

 

Conditions of eligibility

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

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

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

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

 

How is the benefit calculated ?

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

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

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

 

Salary items that are taken into account

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

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

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

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

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

 

Tips

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

 

Source:  Social Security (Bituach Leumi)