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.

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

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 !!!!

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

 

 

 

 

Tax break package for new immigrants and returning residents

The main benefits for new immigrants and returning residents who became citizens since January 1st 2007 and onwards are as follows:

 10 years exemption from tax paying on foreign-source income (i.e., income derived outside of Israel).

 10 years exemption from declaring on foreign-source income which are exempted.

 10 years exclusion from definition as an Israeli company resident – for a company established abroad and owned by an “Oleh” or a “Senior Returning Resident”.

 Option to be considered a foreign resident for taxation purposes, for one year from arrival.

 3.5 years of entitlement to tax credit, with options of extension.

Who is entitled to the tax benefits?

 “Oleh” – New immigrant.

 “Senior Returning Resident” – Individuals who returned to Israel after they lived continuously outside of Israel, and returned to Israel not sooner than 10 years after having ceased to be a resident of Israel. Those individuals will be considered as “Oleh”.

 One-time measure – Individuals who returned to Israel during the years 2007– 2009 are considered as “Senior Returning Resident” even if lived continuously outside of Israel for at least 5 years (instead of 10 years).

Income entitled to tax benefits:

 Passive income – 10 year exemption on dividends, interest, rent, royalties and pensions generated by assets held overseas.

 Capital gain – 10 year exemption on capital gain from the alienation of assets located abroad. Extended to assets located abroad acquired after becoming Israeli resident.

 Business income – 10 year exemption on business income generated by assets held overseas.

 Vocational and labor income – 10 year exemption on salaries and income from activities of independent nature, generated abroad. Applies to business and occupation acquired or started before or after becoming an Israeli resident. Optional track for adapting: A one-year period of adjustment from the date of arrival in Israel is granted upon request, which enables the individual to choose not to be considered as an Israeli resident for tax purposes during this one-year period.
The request for the adjustment year must be submitted within 90 days from the date of arrival in Israel.

Foreign companies held and owned by “Olim” and Senior returning residents: A company established abroad and owned by an “Oleh” or a “Senior Returning Resident”, will not be considered as an Israeli company for taxation purposes for a period of 10 years, and thus will be exempt from taxes in Israel during this period on foreignsource income (i.e., income derived outside of Israel).

Tax credits: All Israeli residents are entitled to 2 credit points (reduction of NIS 436 per month from the tax liability), as well as 0.25 additional points for a working man and 0.75 points for a working woman, which are not taxed.

Working Olim (salaried employees- ME) are entitled to additional points on top of that, for a period of three and a half years following their Aliyah. This benefit may be extended whilst carrying out compulsory army service and whilst studying at university or college. Apply for this benefit by filling out the relevant sections of form 101 (filled out upon start of employment and at the beginning of every year through your employer) and attaching a photocopy of your teudat oleh to the 101 form. the extra tax credit points for olim are as follows:

 For the first 18 months – 4.5 additional credit points (reduction of NIS 654 per month or NIS 11,772 for the first 18 months)

 For the following 12 months – 2 additional credit points (reduction of NIS 436 per month or 5232 annually)

 For the following 12 months – 1 additional credit points (reduction of NIS 218 per month or NIS 2616 annually) Additional reductions are available for parents of young children, working mothers, discharged soldiers and many other reasons

Change in Bituach Leumi law 1.1.2015

Correction 159 of the Bituach Leumi law goes into effect on January 1, 2015.

According to this correction, Bituach Leumi will no longer be able to demand payment of Bituach Leumi (social security) and Bituach Briut (health insurance) if more than 7 years have passed since their first demand of payment. After this period, the Bituach money shall not be collected, nor shall it have any effect on any rights to a stipend or benefit, if the following two conditions have been met:

1. No additional demand of payment notification was sent during the period of 7 years since the first notice.

2. Said notification in #1 above was sent, however no collection procedures or offsetting of the due amount from stipends or benefits paid were taken.

There are specifics reagrding payments due on January 1, 2015 that a period of 7 years has not elapsed yet, and with certain payments due that allows Bituach Leumi to collect up to June 30, 2016 if 16 years have not yet passed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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:

Click to access 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

2014 income grant (negative tax)

The updated criteria for the 2014 income grant, otherwise know as negative tax, is a s follows:

1. Filing a request in the post office by 30.09.2015
You will need your Israeli ID card (Teudat Zehut) and a cancelled check (for proof of bank account info)
Requests must be filled out individually, you cannot fill one out for anyone else, not even your spouse.
2. You need to be at least age 23 with children or age 55 or more, even without children.
3. Average monthly income of more than 2,070 sh and less than 6,157 sh (or if you have 3 or more children 6,766 sh)
4. During 2014 you did not have (other than an apt/home where you live) the right of more than 50% to any other property in Israel or elsewhere.
This includes: apartments, houses, stores, etc.
5. If you are self-employed you have to file your 2014 taxes. If you are a salaried employee, your employer will have to file the 126 tax report for 2014 before your
eligibility can be determined. The Tax Authority will send you a notification via the mail. Make sure your address is updated in your ID card.

All the information is available on the income grant website: http://www.mahanak.org.il

This is not income tax, but the handling of the applications is currently done by the Tax authority.

Moshe Egel-Tal, CSPP
CEO and Founder Israpay “making payroll simplified”

www.israpay.com
054-4992705
moshe.israpay@gmail.com

Read my blogs on www.israpay.com and http://jobshuk.com/motal7/blog
as well as my guest blog on www.jobmob.co.il

Check out my author page on Amazon.com: https://www.amazon.com/author/mosheegeltal

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self employed v.a.t. exemption ceiling for 2015

The Israel Tax Authority has announced that the ceiling for exempt income from v.a.t. for self employed individuals who are registered as osek patur in 2015 will remain 79,482 sh.

If you go over the ceiling at any point during the year on your accumulated annual income, you should contact you C.P.A. or tax advisor immediately.

Employer’s Social Security contributions to rise from January 2015

The employer’s contribution towards Social Security (Bituach Leumi), on the higher bracket, has been raised from 6.75% (Dec 2014) to 7.25%, for employees age 18 to retirement age, starting in January 2015.

A raise of 0.5%.

The employee’s contribution remains without change.

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

New tax Brackets for 2015

The new tax brackets for 2015

Bracket                      Gross pay               Accumulated tax
Ceiling for 10%          5,270                               527
Ceiling for 14%          9,000                            1,049
Ceiling for 21%         13,990                           2,097
Ceiling for 31%         19,980                           3,954
Ceiling for 34%         41,790                         11,369
Ceiling for 48%         67,560                         23,739
Every additional shekel 50%