No legal rule: This is how employers avoid overtime pay

When they rationalize the fact that they have not paid their employees overtime remuneration, employers tend to show extreme creativity. How do you deal with these excuses, who is not entitled to the extra hourly salary and why you should not give up an employment lawyer?

(Illustration: ShutterStock)

Employer with watch (Photo: ShutterStock)

The Work and Rest Act of 1951 defines basic concepts such as 'weekly rest day', 'night shift' and 'overtime'. Veteran law reflects a social policy that promotes the quality of life and dignity of the employee. Among other things, the law states that an employee who has exceeded his or her daily or weekly quota is entitled to extra pay from the employer.

The spirit of the law does worry about the workers, but unfortunately, the lesser employers. Many employers who act contrary to the law, do not pay their employees what they deserve and to justify their actions, they make various and different claims.

"The employee chose to work overtime on his own and without permission"

An accountant who filed a lawsuit with the Tel Aviv Labor Court claimed that for two years she worked about 100 extra hours each month. She said she had no choice because the plethora of tasks forced her to stay in the office daily until late.

The defendant claimed that not only was the employee not required to work overtime, but that she was not even approved. The Company presented in its defense the employment contract, which explicitly states that the employee may not work overtime without written permission from her supervisor.

The Tribunal responded to this claim that the terms of the contract were written casually and with no real intention to enforce them. Furthermore, despite the fact that the employee's face violated her pledge not to work overtime, the company chose not to take disciplinary action against her since at the end of the day, it served her best interests.

"The employee did not respect his rights during the employment period"

In the case of the same bookkeeper, the company claimed that the plaintiff was aware that she was not entitled to remuneration for the additional hours, and the evidence - she did not require it during the employment period.

This is another common claim that is tantamount to "victim blaming." In this regard, the Tribunal made clear that the right to receive overtime remuneration is cognitive, meaning that the employee cannot (even if she wanted to) waive her due by law.

The tribunal noted that in many cases, employees refrain from claiming their legal rights because they do not want to confront their employer. In other cases, employees are not suing simply because they are unaware of their rights.

Have you been fired against the law? Your employer will pay for it!

An employee who has exceeded his daily or weekly quota is entitled to an additional pay from the employer (illustration: shutterstock)

Attendance Clock (Photo: ShutterStock)

"The law does not apply to the employee because of his unique role"

The law provides for exceptions where the law cannot be applied to the employee's terms of employment. For example, police officers in the Israeli police, air crews and fishermen. The law also does not apply to employees in management positions or positions that require a special degree of personal trust. In the above case, the defendant tried to add to her defense that because the plaintiff worked in a senior position that required a great deal of trust, the law of working hours and rest should not apply to her.

However, this exclusion is used sparingly by the courts. The ambition is that most workers can enjoy the protection afforded by the law. The court, in determining whether this is a role that requires a special measure of personal trust, addresses such characteristics as the degree of exposure to sensitive organization information, salary levels and more. In the above case, the Tribunal held that the employee did not function as part of the management and that no special degree of trust was required.

Don't give up on what you deserve

If the employer refuses to pay overtime remuneration for various and various claims, a labor affairs lawyer should be contacted. Many employees give up their right because they cannot pay the attorney's fees, but it is worth noting that in the area of ​​labor law it is customary that the fees are based on percent of compensation and are only payable after the employee receives his due by the employer.

Attorney Orna Shmaryahu has been involved in labor law for over 18 years and represents employees and employers in all jurisdictions.

Phone: 077-9977542

The article was written in collaboration with a legal zap website

The information presented in the article does not constitute or replace legal advice and does not constitute a recommendation for taking proceedings or avoiding proceedings. Anyone relying on the information contained in the article does so at his own risk.