obligations

Are you a salaried employee or self-employed ?

Moshe

Are you a salaried employee or self-employed ?

There is a huge difference ! Not only in the benefits you are entitled to, but in regard to your responsibilities. No, I am not talking about your social benefits or your salary. I am talking about Social Security (or Bituach Leumi as it is known in Israel). Before you say that of course you know what your status is, I suggest you read this post through to the end. It may have some eye-opening surprises for you that can have serious impact on you, financially.

Many people own companies or are suppliers of services as self-employed. There are people who work legitimately as salaried employees, and some do a little of both.
Others have start-ups they run from home: anything from selling things, to doing work over the computer, whether it be building internet sites or translating work, or whatever.  It is this last group that this post is targeting.

First, it is important to understand that while both self-employed and salaried employees pay Social Security, the rates are different and so is the coverage for various stipends as well as the base amounts for the stipends.

If you are considered by Bituach Leumi to be self-employed, but you are reported on a company’s payroll (not a placement or manpower agency), that fact does not make you a salaried employee. What counts is your actual status. Bituach Leumi, by law, can change a person’s status one-sidedly and even retroactively ! As a result of such a change they can demand back payment at the rates that existed for self-employed persons ! If you received in the past, during the said changed period, a stipend from Bituach Leumi, your eligibility for that stipend may be re-evaluated and even disallowed.

Recently, a verdict was released by the labor court in a case of “stage and communication ltd” and others vs. Bituach Leumi (case # 5062/06). Bituach Leumi one-sidedly changed the status of certain “employees” in the company. The company and the employees filed suit in labor court contesting the change.
The court, asked the simple basic question “did employee-employer relations exist between certain employees who were on the company’s payroll as salaried employees and reported as such ?”. The verdict explicitly stated that there were no such relations and these “employees” should have been reported as self-employed for all purposes.

The Judge stated in his verdict the following: “The model of employment, which all of the plaintiff companies involved in the suit, used was in actuality a front. These companies only designation was to relieve self-employed people from the burden of managing their affairs with the tax authorities and the defendant (Bituach Leumi). There is no relationship or connection between the plaintiff companies and the services the employees, who were reported as salaried workers, provided to the recipients of the services. The only reason the employees were on payroll as salaried employees was to avoid having to manage their affairs with the authorities.”

This is a precedent setting, important verdict, the first of it’s kind, in a very lengthy case.

This is how you can check yourself to see if you qualify as a salaried employee or as a self-employed person

Answer the following questions truthfully. If your answer to any of these questions is negative, this very well could mean that you are self-employed:

1. Is there someone who arranges your schedule at work ?

2. Is there someone at work who assigns or re-assigns you to a project/position ?

3. Is there someone at work who has the power and authority to fire you and terminate your job ?

4, Is there someone at work that you need to request vacation leave from ? Or to notify regarding tardiness, sick days, reserve army duty, etc  ?

5. Is there anyone at work who supervises your work and you report to as a superior ?

6. Is there any type of time-sheet reporting and follow-up for your work hours and days ?

and if your answer to any of these questions is positive this very well could mean that you are self-employed:

7. Do you decide which clients/ jobs to accept and which to reject ?

8. Do you negotiate with clients the price they will pay or determine the cost for jobs ?

9. Are your wages implemented by sharp up and down changes due to the cash inflow that you receive from third parties ? And as a result is it difficult to point out your monthly base pay ?

10. Is payment of your wages delayed until the amount is received in full from a third party ? (not paid on a set date)

If the answer to these questions is negative, chances are you are not eligible to be a salaried employee. You need to register as a self-employed individual at your local Bituach Leumi office in order to ensure your rights. Don’t wait for them to rescind your salaried employee’s rights retroactively. More information can be found on Bituach Leumi’s website:  www.btl.gov.il

This is not something to be taken lightly !

Are work contracts mandatory ?

Moshe

All employers are required to issue either a work contract or an “employer’s notice of employment terms and conditions” to all employees within 30 days of starting employment. If the employees are youth (under 18) this must be done within 7 days of starting employment. Any change in the employment terms and conditions must also be issued to an employee within 30 days of the change (7 days for employees under age 18).

The only changes that do not require notification to the employee are:
1) Changes due to laws, comprehensive ordinances, collective agreements.
2) Update in salary listed in original contract or employer notification (although it is recommended).
3) A change that is itemized on the payslip.

The regulations state that for an employer to be considered as complying with this regulation the following information must be included in either the work contract or the notification:
1. Employer’s name
2. Employer’s address
3. Employee’s name
4. Employee’s address
5. Employee’s job title and discription of main duties and responsibilities
6. Full name and job title of employee’s direct supervisor
7. Address / location where employee is to be employed
8. Employee’s work days and hours and length of work day
9. Employee’s weekly rest day
10. Employee’s salary and any other payments he/she is entitled to
11. All social benefits employee is entitled to, their % or amounts
12. Employee’s start date, and duration of contract (if applicable)

The notification needs to be signed by the employer. In cases of foreign workers, it needs to be in the foreign worker’s native tongue or a language that they fully understand and be signed by both the employer and the employee.
Failure to comply may result in any or all of the following scenarios:
1) lawsuit in labor court by the employer – there is a specified amount that can be claimed for failure of the employer to comply which can be awarded by the court without need to prove any monetary damage.

There are three separate forms for employer notification to employees:
1. Employer’s notification form of details & terms of employment.
2. Employer’s notification form of contributions towards social benefits (pension, study fund, etc)
3. Employer’s notification form of change in terms of employment (any of the above information that changes require this notification)

All 3 forms are available for download on the Ministry of Economics website: Working Conditions Notification Forms

Prevention of discrimination in acceptance to a job

Moshe

It is forbidden by law to discriminate against candidates for employment or against employees due to gender, age, religion, nationailty, country of origin, political beliefs. The equal employment opportunities law (1988) requires employers to pick out only relevant information about the candidates for the position they are looking to fill. If anyone is discriminated against they can contact the Equal opportunities commission for initial legal consultation. If the commission feels a case is justified they may take legal action against the offending employer. People who feel they were discrimated against may file a suit in labor court. The Equal opportunities commission contact information is:
The Equal opportunities commission נציבות שוויון
Address: 5 Bank of Israel st. Govt. quarter, Jerusalem כתובת: בנק ישראל 5, קריית הממשלה, ירושלים
Mailing address: P.O. Box 3166 Jerusalem 9103101 ת.ד. 3166, מיקוד
Tel: Tel-Aviv טלפון: ת”א – 03-7347215
Jerusalem ירושלים 02-6662367, 02-6662780
Haifa חיפה – 04-8613902/1
National commission נציבות ארצית – 02-6662701
Email: shivion@Economy.gov.il :דואר אלקטרוני

    Want ads

      A good want ad is one that describes the position and the requirements the employer seeks and encourages job seekers to apply for the position. When an employer places a want ad for a position. It is supposed to give the professional backround required while appealing to the widest range of potential candidates. the language and wording used, as well as any illustrations should reflect this. Avoid using language or wording that applies to one gender, a specific age group, color, ethnic backround, religion, nationality or residents of a certain area(s). Also avoid direct discrimination, such as “wanted: good looking men” or “looking for young woman”. Avoid circumventive discrimination, such as if a postion requires very little verbal communication do not write in the ad “high level command of Hebrew required”.

    Job interviews

Not all questions are legal in a job interview. Personal questions such as “are you pregnant?”, “Do you intend on having more children?”, Aren’t you too old for this job?”, “do you smoke?” are totally illegal and also irrelevant. Employees who are asked illegal questions that do not relate to previous experience and knowledge should be met with a smile and “This question has nothing to do with the position, let’s please keep this interview professional.”
Questions regarding a candidate’s army service or National service – or lack of either, or whether they serve in reserves, what their rank is are also prohibited.
Employers are advised to have more than one interviewer present at job interviews and if possible should be representative of different groups of the population which will usually drastically reduce the chance of any discrimination occurring. Remember that as much as you are screening candidates, they are screening you as well. Keep it professional.

In cases where a candidate feels he/she was discriminated against, it is advisable to consult first with the commission and if necessary with a lawyer who specializes in labor law.

Employers – 6 simple rules to follow and substantially illiminate law suits by employees

Moshe

From our years of experience, it is very clear that employers who follow these six simple rules (which just happen to be labor laws and regulations that are mandatory for all empployers, in both public and private sectors, in Israel) will reduce drastically the number of suits by employees and former employees. Most of the lawsuits filed in recent years deal with these issues. They are really simple to adhere to and can save you literally time and money.

1. Sign all new employees, within 30 days of their start date (or within 7 days of start date if they are under 18 years of age), on a notification of employment conditions or a contract. This should be done prior to starting to work, or first thing on the first day of work along with other technical things like filling out 101 tax form, issuing a time card, etc
If you use a contract it must contain all of the information on the notification of employment terms form, which is downloadable here:
http://economy.gov.il/Employment/WorkRights/WorkingRelationshipsCreation/Pages/WorkingConditionsNotification
This will illiminate any disputes regarding terms of employment of employees and possible monetary lawsuits for failure to provide this for sums of up to 15,000 sh without need to prove any damage.
A new notification needs to be issued any time that any of the mandatory details change.

2. Make sure all employees have received their salary, payslip and time-sheet by the 9th of the month following the month of salary being paid (For example: June salary – by July 9th). Make sure the payslip is itemized and clear and includes all mandatory information required by law. Eliminate future lawsuits for up to 5,000 sh for each payslip, without need to prove damge. Failure to provide a time-sheet can result in lawsuits for overtime pay and a fine for each month for each employee by the regulation dept of the Ministry of Economics.

3. Do not fire an employee before correctly holding a preliminary hearing according to protocol and avoid lawsuits of tens of thousands of shekels for Illegal termination.

4. Keep track of all employee’s sick days and vacation days balances to avoid unnecessary disputes during employment and possible monetary lawsuits for failure to do so.

5. Insure your employees with mandatory pension plan after six month’s tenure, if they dont have a previous pension plan, or after three month’s tenure if they do have a previous pension plan – in which case its retroactive to the employee’s start date.

6. The more you are transparent with your payslips: itemizing each payment separately and clearly it will be easier understood and avoid any unnecessary disagreemtns and future lawsuits.

Israpay has over 20 years experience in implementation, setup and fine-tuning payroll programs and we will be happy to assist you in ensuring you comply with all the labor laws, regulations and statuary instructions. Get in touch today and see how we can help you save time and money !

Youth minimum wages – Jan 2017

Moshe

Due to the mandatory raise in minimum wages in Israel, the minimum wages for youth was also updated.

up to age 16 = 3,500 sh for a monthly wage or 20.23 sh /per hour.

up to age 17 = 3,750 sh for a monthly wage or 21.68 sh /per hour.

up to age 18 = 4,150 sh for a monthly wage or 23.99 sh /per hour.

In addition, for full time, the work week for youth is 40 hours and 173 hours per month. For partial work (not full time – prorated accordingly)

All youth need to be given an employer’s notification of terms and work conditions within 7 days of their start date and monthly payslips and timesheets, same as adult employees.

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

Moshe

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

Moshe

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.

Employee’s Rights Handbook

Moshe

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 the Hebrew terms on your payslip

Know your rights

Understand the labor laws

What mandatory things need 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?

Is an employee who is on maternity leave allowed to work from home?

Must I pay travel expenses to all employees?

What can and cannot be deducted from an employer’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

  • Tips             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 OR Anywhere else, get your copy today !

Price: 100 sh

For orders please go to: Order Here and fill out your details. You will receive an E-invoice for payment after which your book will be mailed to you. Self pickup is available in Jerusalem: Please state if you are interested in this option.Employee's Rights Handbook

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

Moshe

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

Moshe

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.

Is an employer required to give holiday gifts to his employees ?

Moshe

There is no directive or law that makes holiday gifts to employees mandatory. It is however, a nice gesture and one usually well appreciated by employees. The right of employees to a holiday gift may be embedded in an individual work contract or a collective work agreement, an expanded regulation order based on a collective agreement or common practice in the past in the place of work. In any of these cases, the employer would be bound to the agreement.
In the public sector, this is specified in the collective work agreement.

If an employer does give employees holiday gifts, with regard to eligibility of employees who are currently on non-paid leave, maternity leave, etc, if it is common practice at the palce of work, it is the employer’s discretion whether to give employees currently not receiving pay or not and how much.

Some employers give permanant employees one gift and a lesser gift to part-time or temp employees.

With regard to taxes; section 2 (2) of the Income Tax Order specifies that “any benefit given to an employee by an employer, whether money or value of money (coupons, actual gifts), whether directly given or indirectly given, are considered taxable income”. The result is that gifts, or their actual worth, are taxable  (income tax, social security and health tax) and they need to be separately itemized on the payslip. Most employers will pick up the tab on the taxes (although it is not mandatory), as it’s not the employee’s fault that the employer decides to give him a gift. That basically means that if the employer gives say 350 sh in coupons, he would add a separate item on the payslip for 350 sh net, the taxes would be deducted but the employee’s net pay would not be efeected due to the gift.

gift

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

Moshe

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