Everything you wanted to know about Financial sanctions to employers

dollar stacks

The second addition of the Increasement of regulation law empowers the Ministry of Economics, Department of regulation of labor laws to impose financial sanctions on employers who are found in violation of labor laws, such as minimum wage, sexual harassment, failure to supply an employee with notification of terms of employment, etc.
The infringements are divided into three categories of financial sanctions with a distinction made between an employer who is not a business and a business:

Level Business Non-Business
level one ₪5,110 ₪2,550
level two ₪20,420 ₪10,210
level three ₪35,740 ₪17,870

A complete list of the infractions and which level they are assigned to is on the Ministry’s website: http://www.economy.gov.il/Employment/WorkRights/WorkRightsEnforcement/Pages/FinancialSanctionSums

The Ministry of economics can file a suit against the employer in court, which if convicted, is a criminal offense! The names and details of the employers who were fined are listed on the Ministry of Economics website.
To help avoid these situations it is recommended to consult with a payroll expert like Israpay who can help employers fine-tune their payroll practices, payslips, etc according to the law. Get in touch today !

Before you apply for a job – must read !!!!

You decide to apply for a job, or better yet, you applied and were invited to an job interview. Wait a second, not so fast !!!
The Ministry of Labor and social affairs within the Ministry of Economics has a list of employers that you are not going to want to miss reading prior to applying for a job with one of them.
This list is a list of offenders of labor laws that were fined by the department of regulation, who do spot checks on employers as well as acting on tips and complaints from the general public.
The full list can be seen here:
http://www.economy.gov.il/Employment/WorkRights/WorkRightsEnforcement/FinancialSanctions/Pages/default.aspx

Tax credit point update (Kachlon law) June 2017

The Israel Tax Authority published a new directive to employers on May 28, 2017 regarding tax credit points to parents of children who are salaried employees via their payslip.
1. The number of tax credit points will now be equal for men and women. All parents are now eligible for 1.5 tax credit points in the year their child is born and 2.5 tax credit points in the years the child is age 1 to age 5.
2. This directive is effective for the tax years 2017 and 2018 only (from Jan 2019 it is cancelled, unless an extension is approved by the government).
3. Effective in June 2017 salary (to be paid by July 9, 2107), employers will credit their employees to whom this applies with the additional tax credit points, retroactive to January 2017.
For women: In the year the child is born you will receive 1.5 tax credit points (instead of 0.5 up until now) and in the years the child’s age is 1-5 you will get 2.5 tax credit points (instead of 2 up until now). You can elect to defer 1 tax credit point of the 1.5 allotted for each child to the following tax year (2018). This is done by filling out a 116 D tax form and giving it to your employer (HR or salary dept). You will need to also fill out this form in 2018 (section dalet).
Men do not have this option of deferring tax credit points.
For men: In the year the child is born you will receive 1.5 tax credit points (instead of 1 up until now). In the years the child’s age is 1-2 you will receive 2.5 tax credit points (instead of 2 up until now) and in the year the child’s age is 3 you will receive 2.5 tax credit points (instead of 1 up until now) and in the years the child’s age is 4-5 you will receive 2.5 tax credit points (instead of none up until now).
This will lower taxes on working parents salaries and raise their net pay. The tax credit points are monthly.
Employers: you need to keep this form 116 D with the employee’s 101 tax form.

July 2016 updates

Effective in July 2016’s payroll there will come into effect several changes in labor laws:
1.  Mandatory pension law

Correction 12 to this law was updated, adding 1% to employee and employer pension plan contributions in a two step update: 1/2% in July 2016 and another 1/2% in jan 2017.
The current update (July 2016) % are now Employee 5.75% and Employer 6%.
This effects all employers in Israel in all sectors by way of a comprehensive ordinance signed by the Minister of Economy. The only exceptions are if the exsisting % are higher (due to a collective agreement or personal contract) or if an employee has a Bituach Menahalim plan or pension plan with lower rates but the employer contributes to a loss of work ability insurance (IWA), whereas the joint % of the Bituach Menahalim and lWA insurance is equal to or higher than 6%. In this case, only the employee’s contribution will increase, as the employer is already contributing at the new % or more.
For comparison, here is a breakdown of pre-change and after:

 

payroll Employee contribution Employer contribution Severance pay (employer) Total
Jan 2016 5.5%    6% 6% 17.5%
Jul 2016  5.75%  6.25% 6% 18%
Jan 2017  6%  6.5%   6% 18.5%

 

2. Vacation day law
The minimum number of mandatory Annual vacation days allotted is to increase by 2 days starting July 1,2016 (In essence 1 day for 2016 as it for half a year) for the first 5 years of tenure with the same employer. Above 6 years there is no change.

tenure                                      # of days allotted

up to June 30, 2016                                                         1 – 4 years                                              14 days
5  years                                               16 days

From July 1, 2016 – Dec 31,2016                                1 -4 years                                                15 days
5 years                                                 16 days

From Jan 1, 2017                                                                1- 5 years                                               16 days

Note: The number of days listed are calendar days, not work days and as such they include the weekly rest day (Shabbat) which is not a vacation day. For example employees who worked a 5 day work week got 10 days for the first 4 years (.083 days per month * 12) and those who worked a 6 day work week got 12 days for the first 4 years (1 day per month * 12).

This is very general, there are other factors that go into what employees receive in actuality, such as full or part-time, if an employee worked at least 200 or 240 days total during the year. In any case the wording of the law is binding, even if difficult to comprehend and this article is not legal advice. In instances where a personal contract or sectorial/ collective agreement entitles employees to more vacation days than listed above, this update does not apply.

3. Minimum wage update

Effective July 1st 2016 the third step of the gradual update of the min. wage to 5,000 sh per month comes into effect. The new minimum wage starting in July 2016 will be 4,825 sh  for a full time monthly rated position.

The new minimum hourly rate is 25.94 sh

Youth min wage rates

Age % of min wage min monthly rate (40 weekly hours) Min Hourly rate
עד 16 70% 3,377.5  19.52 
עד 17 75% 3,618.75  20.92 
עד 18 83% 4004.75  23.15 
Apprentice 60% 2,895.00  16.73 

 

Updated Min. wage for youth – Apr 2015

On April 1, 2015 the minimum wage in Israel was updated. This has implications on min. wage for youth, as well.

The new rates are as follows:

Age                               Monthly Rate            Hourly Rate    

up to 16                        3,255 sh                                18.81 sh

up to 17                        3,487.50 sh                           20.15 sh

up to 18                        3,859.50 sh                          22.30 sh

18 +                               4,650 sh                               25 sh

 

There are other restrictions that apply to youth employment, such as max. number of hours pre day and per week, disallowing overtime and night work.

 

Announcing “Employee’s Rights Handbook” book launch and lectures

Book launch and lecture will be held:

In Jerusalem: on May 19th, 2015  19:00  at AACI Jerusalem, The Glassman family center Pierre Keonig st. corner of 2 Poalei Tzedek st., 4th floor (opposite Hadar mall)

In Tel-Aviv: on June 17th, 2015 16:00 at AACI Tel-Aviv, 94 A Allenby st.

 

The “Employee’s Rights Handbook”

The first comprehensive, English language guide to Israeli payroll.
Whether  you are an employer or an employee, a new oleh or an English speaker who has trouble with the Hebrew terms, this publication is for you!

 

Employees:

Understand the terminology, layout and Hebrew on your payslip

Know your rights

Understand the labor laws

What needs to be itemized on the payslip?

What are the things you need to know upon termination?

How many vacation days are you entitled to?

Is Purim a paid holiday?

What are the rights of a pregnant employee?

 

Employers:

Do your payslips comply with all the new regulations?

Do you issue employees “notification of terms of employment” as required?

Are employees given a fair hearing prior to termination?

Understand what obligatory payments exist in Israel

What is allowed to be deducted from an employee’s salary

Are you aware of penalties for infringement on regulations and labor laws? (avoid this by knowing what needs to be done)

 

In this guide you will find:
* An overview of labor laws, regulations, expanded regulation orders, collective
agreements and statutes

* The make-up of the Israeli payslip

* Social Security

* Health Insurance
* Income tax

* Holiday pay, sick day payment, vacation, overtime payment, bereavement leave,
maternity leave

* Minimum wage

* Youth employment
* Advance notice                       And much more!

 

A must for employers and employees alike. Get your copy today! This 107 page publication in hard-copy is not available in stores, on-line orders:

 

http://www.israpay.com/announcing-the-release-date-for-employees-rights-handbook/

Sick leave during advance notice period

Scenario: Employer notifies employee of termination or employee notifies employer of resignation

Fact: During this period the employee is required to work, unless waived by the employer

 

Question: what happens when the employee is sick and procures a doctor’s note ?

Answer:

If an employee is sick during advance notice period and produces a doctor’s sick note to the employer, he is eligible for sick pay, according to the sick day law and contingent on his accumulated sick day balance.

The advance notice period is a work period for all intent and purposes, employer-employee relations still exist, for better and for worse.

This is true when the employer has given notice before termination and when an employee has given notice before resignation.

The date of termination or resignation and end of employer-employee relations remain the same as it originally was written in the advance notification and is not pushed back due to the sick days.

Announcing the release date for Employee’s Rights Handbook !!!!

Finally, the long awaited Employee’s Rights Book is to be released in Hard copy. The release date is Sunday March 15, 2015

At present, this is the only format. There may be a PDF purchase option at a later date.

The book is 107 pages of vital information for employers, employees and anyone interested in Employee’s rights, labor laws and the makeup of payroll in Israel.

Announcing the first and only English language guide in simple easy to understand language !!!

The Book also contains a dictionary of common Hebrew payroll terms and their English translation, examples of payroll forms, useful contact information, tips and more.

Get your copy today,  and know your rights !

price: 100 sh (including mailing). Optional self-pickup in Jerusalem (85 sh).
Payment via credit card or paypal, use this link:

<a href=”http://www.vcita.com/v/israpay/make_payment?pay_for=Employee’s%20Rights%20Handbook&amount=100″ target=”blank”>pay</a>

or follow the schedule an appointment on the left hand side of the home page of this site.
If you encounter a scheduling error notice, send the following details:
(Name, mailing address, email address, phone/cell number. If you wish that the invoice be made out to a different name than the one you supplied, please state)
to moshe.israpay@gmail.com and An invoice will be emailed to you. When you open the invoice you will have the ability to pay.

Check payments option:  send a check made payable to Moshe Egel-Tal along with the above info to

Israpay
P.O. Box 44429
Jerusalem 9144302

 

 

 

 

The right to work sitting down

The right to work sitting down

The “right to work sitting down” law (April 2007) specifies that anywhere that work can be done sitting down; the employer must supply employees with a place to sit. The law also mandates that employers must supply their employees with a place to sit during breaks. The law also specifies the type of seat the employer must provide;
The seat must:
a. Have a backrest for support.
b. It must be fit for use for the shape and size of the employee.
c. Must be suitable for the type of work being done by the employee
d. If the employee cannot rest his feet comfortably, the employer needs to supply a footrest, as well.

The employer is obligated to provide seating for employees who are on breaks, in sufficient amount for all and in good condition for use (to sit during breaks).

The law applies to actual employers as well as employers via manpower agencies by actual employers.

Violation of this law is subject to a penalty, awarded by the court, of up to 20,000 sh and in cases of severe violation up to 200,000 sh without a need to prove damages. Any suits regarding this law will be handled by the labor court, in a civil suit.

The right to sue an employer for violation of this law is given to the employee, a representing worker’s union that exists in the place of employment, or if such union doesn’t exist at the place of employment, a sectorial representing worker’s union or a worker’s union that the employee is a member of, or any entity that deals with employee’s rights, under the condition that the employee has given his consent.

The court may issue an order to the employer to correct the violation by a certain date.

Note: the above is not a translation of the law, nor is it a translation of the pamphlet published by the Ministry of Industry, Trade and Employment’s work relations department, but rather an explanation in the author’s own words.
The pamphlet is available in Hebrew, in PDF format, on the Ministry’s website:
http://www.economy.gov.il/Publications/Publications/DocLib/sitting-at-work.pdf

The work relations department can be reached as follows:

Jerusalem 02-666-7922
Tel-Aviv 03-512-5393
Haifa 04-863-1055
Be’er Sheva 08-626-4750

Breast-feeding hours

Q: What is Breast-feeding hours and whom is eligible ?

A: Breast-feeding hours is a special perk that is embedded in the Women’s employment law (1954). Any woman who gave birth is entitled to be absent from work for up to one hour, without deduction from her pay,for a period of up to 4 months from the end of maternity leave (currently 98 days from date she gave birth). This is regardless of whether she actually breast-feeds her baby or not. However, since a woman can take additional leave without pay immediately and in continuation of her maternity leave, she may lose this right as eligibility starts from the end of the maternity leave and does not include non-paid vacation.
In addition, there is no additional time allocated by the law if a woman had more than one baby in a birth, but the time of eligibility would start and end later, as she is entitled to a longer maternity leave. In this case she still gets 4 months.
Breast-feeding hours is a mandatory labor law in Israel in both public and private sectors.
The only criteria, aside from being within the 4 month period from the end of maternity leave is a full-time position.
If a woman works less than full time, she is not eligible at all.

Minimum wage to increase

The minimum wage in Israel  (currently at 4,300 sh per month or 23.12 sh per hour) is being updated in three stages, according to an agreement signed by the General worker’s union (Histadrut klalit) and the Presidency of the Business Organizations in Israel. This will be voted into the book of labor laws by the knesset soon.

The changes are:

per month per hour
From 4/2015 – 4,650 sh 25 sh

From 8/2016 – 4,825 sh 25.94 sh

From 1/2017 – 5,000 sh 26.88 sh

From 4/2017 onwards – 52% of the average salary (but no less than 5,000 sh) to be updated quarterly (Jan, Apr, Jul, Oct) of each year.

bankrupt cartoon

Partial Vacation Days

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.