Establishing its own laws: A guide to "employment law" for permanent jobs

The relationship between permanent jobs and the IDF is not defined as employer-employee relationship, and is not regulated by law. How, then, can permanent jobs ensure that their rights are not violated?

The permanent employees do not have a "committee of workers", they are not entitled to strike for the purpose of improving their employment conditions or preventing the violation of these conditions. IDF officer in the rank of lieutenant (Photo: Reuven Castro)

Officer in the Combat Engineering Corps (Photo: Reuven Castro)

The rights and obligations of workers and employers in the civilian labor market are regulated by a set of laws called labor law. Special Courts (Labor Courts) were established and designated to deal with these complex and unique issues.

Unfortunately, when it comes to permanent employment in the Israel Defense Forces, there is no orderly relationship enshrined in the law, and so in many areas, permanent employment finds itself in situations that would be unacceptable in the civilian labor market.

For example, according to civil labor law, a worker who resigns following a material deterioration in his working conditions is considered to be fired and is entitled, among other things, to receive severance pay. The Permanent Service in the IDF does not allow a parallel right and the IDF may unilaterally transfer the Permanent Office at any stage to any other base in the State of Israel, impairing the conditions of his wages and certainly not being guaranteed working hours and rest as defined in the Civil Law. At the same time, and as distinct from the civilian market, permanent employees do not have a "committee of workers", they are not allowed to strike for the purpose of improving their employment or preventing violating these conditions, and permanent employees are also not allowed to contact the media to combat the injustice they have caused.

Accident, Injury and Battle Shock: What Are the Conditions of Employment of Permanent Servants?

War off the battlefield

In spite of the sad legal status of the permanent servants, on many issues, the individual can fight the decisions of the military system in his case, obtaining legal advice and representation (or without it):

Early Release / Retirement - Retirement of a permanent servant means termination of service and the realization of the servant's right to a pension upon reaching the minimum retirement age. Release, however, is the termination of service before this right has been established. The IDF may decide to terminate a permanent post by way of retirement or release, even before the date on which it was agreed and unilaterally.

End of service initiated by the permanent servant - On the other side of the barricade, the permanent servant may actually request to terminate his service even before the release date. In this case, the system may impose difficulties, delay or refuse release and / or require compensation for the value of academic, composition, or other benefits.

Failure to comply with service plans - Service plans are in most cases offered to young permanent jobs and promise them benefits and temptations such as studying at the expense of the military. In some cases, the Permanent Secretary discovers that the system is attempting to retract its promises and not provide the benefits it has pledged.

Cancellation of senior appointment - A recent situation has become quite common, in which the IDF decides to cancel a senior appointment granted against the permanent service, and the benefits and conditions that come with it.

The IDF may decide to terminate a permanent post by way of retirement or release, even before the release date is agreed upon and unilaterally. IDF officer of the rank of Brigadier General (Photo: Image Bank GettyImages)

IDF officer in the rank of Brigadier General (Photo: GettyImages)

Important tips for the permanent job

If a decision is made that infringes on your rights, or if a procedure that eventually ends up making such a decision is taken, it is advisable to contact a specialist in the field. In addition, in its ongoing conduct, it is worthwhile to make the following recommendations:

1. Keep any document related to the service; Request a summary of each conversation and written interview. Don't rely on the triggers or the personnel wards to find them someday - keep a copy with you.

2. Make sure the document reflects what was said in the meeting; If the writing does not reflect what was said in the meeting or is inaccurate, contact the person who issued the meeting summary in writing and ask to amend it. Even if the repair is not done, your referral documentation can come to your aid down the road. If such a request is not documented, the system may remove liability from its promises and rely, in the Judgment Day, on the written summary, even if the latter does not reflect reality.

3. Exercise the right of argument; In almost any procedure that may harm you, you are given the opportunity to express your position and present your claims before making a decision. Find out if this option exists and consult with a lawyer before exercising - you can later appeal to the ECHA (or the relevant authority for the specific decision reached in your case) or the permanent employment appeal committee, but in most cases successful exercise of the right of argument in the initial stage is the opportunity Best for preventing the abusive decision.

Adv. Shlomo Rakabi is a partner and founder of the Rakabi Law Firm, Harel & Co., which deals with military law, lawsuits against the Ministry of Defense, IDF disabled and bereaved families and civilian labor law.
Phone: 03-6938409

The article is courtesy of Zap Legal

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