A few days ago, Rabbi Gershon Edelstein, one of Israel's leading rabbis and one of the leaders of the Degel HaTorah movement, which represents the majority of the Lithuanian ultra-Orthodox public, passed away. In light of his stature, a funeral was held for him, attended by hundreds of thousands of people, which also led to huge traffic jams throughout the Gush Dan region.
He was also eulogized by senior figures in the political system, and in the midst of the swearing-in, Angel Bakery executives also appeared at his home and asked to apologize for the protest in which the chairman, Omer Bar Lev, took part, not far from the rabbi's home.
But on the sidelines, the ultra-Orthodox website Kikar HaShabbat recently revealed the salary slip given to him from the yeshiva where he worked for no less than 75 years, as far as is known – an Israeli record for seniority in the workplace.
"Israeli record" we wrote? In fact, this is a period dating back to the days of the Mandate. The late rabbi began working at the yeshiva on 01/09/1947. Labor law experts who were exposed to the pay slip, which was produced by the Trio software of Oketz Systems, note that the slip does not mention a number of data indicating that his employer – the yeshiva in which he was employed – may not have granted him all the social benefits to which he is entitled under the law.
Attorney Hila Aharoni, an expert in labor law, notes that the slip is missing two essential details. The first: accrual of vacation days.
According to her, every worker in the Israeli economy is entitled to a certain amount of vacation days each year, depending on his seniority in the workplace, the scope of his employment and the format of employment (an employee with a monthly, daily or hourly salary). According to her, Israeli law stipulates that accrual of vacation days can be redeemed at the end of the employee's employment relationship with his employer, according to section 13 of the Annual Leave Law.
This means that the employee who terminates his work will be able to receive payment for vacation days that he did not use. It adds that the accrual right is for the last three years of the employee's employment together with a current year.
The bottom line, notes Adv. Aharoni, is that his employer was obligated to specify the number of vacation days accrued to him as part of the salary slip, and failure to mention them constitutes an offense for which his heirs can file a lawsuit.
In fact, this is a violation of the Wages Protection Law, 1958-25, and more specifically section 24 - Salary Book and Pay Slip (Amendment No. 2008), 28-2014 (Amendment No. <>), <>-<>, which states that it is mandatory to indicate in the salary slip the accruals of sick days and vacation, as well as any other component to which the employee is entitled, originating in the employee's employment agreement or in the collective agreement or in the extension order applicable to the employee.
According to her, it is important to note that this error stems from the conduct of the payroll accountant, and not from the software used to generate the coupons.
Rabbi Gershon Edelstein z"l (Photo: Photo processing, David Cohen, Flash 90)
In addition, section 5 of the Severance Pay Law, which deals with a deceased employee, states that under these circumstances, the employer must pay the surviving deceased employee compensation as if he had fired him. Payment to survivors is in equal shares. Survivors - the spouse of the employee at the time of his death (including the common-law spouse who lives with him) and his child who is a dependent under the National Insurance Law.
Therefore, his heirs are also entitled to receive severance pay from the meeting. In light of the fact that he has been employed for 75 years, it is quite possible that the amount of compensation could reach hundreds of thousands of shekels.
In addition, Adv. Aharoni notes that the slip does not include reference to sick days. The law stipulates that an employee is entitled to 1.5 sick days for each month he worked on all working days as is customary in the workplace (5 or 6 days a week), for a total of 18 sick days per year. Unused days cannot be accumulated. Adv. Aharoni further notes that failure to mention this figure in the salary slip is also an error stemming from the conduct of the payroll accountant, and of course, not from the software used to produce the paychecks.
"And if all of the above is not enough, the slip also does not include reference to actual working hours and days worked during the month – a requirement that is also under the Wages Protection Law," she concludes.
- Gershon Edelstein
- Labor Law