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Between the ILA and the layoffs: What to do with the payments to the suppliers and how to spend an employee on a paid vacation | Israel today

2020-03-19T22:52:29.893Z


economy


In the difficult situation created, many businesses find it difficult to meet their financial obligations • Corona Labor Law Questions and Answers

  • Restaurants are closed. Free vacation workers // Photo: Hertzi Shapira

The business is closed, the workers are working in the US. Networks have unilaterally notified mall owners that they are stopping paying rent in the current situation. Is this step legal?

"Failure to pay rent in accordance with the stipulated dates in the agreement constitutes a breach of the lease agreement. However, due to the crisis and the state of the economy in general, renters will not rush to take legal proceedings against renters, certainly not now, when the courts themselves work in an emergency format. In case, it is advisable to reach agreement with tenants rather than to take unilateral measures. "

Now that there is no revenue, I cannot pay suppliers. What will be the court's position on my debt?

"As a general rule, the business must not order goods and services, including hiring employees if they know in advance that they will not be able to pay for them. Regarding goods that have already been delivered, it is advisable to try to reach agreement with suppliers on payment deployment, so that you can pay for them without having to take legal proceedings against you. They are in it, there is an expectation that suppliers will find more latitude than normal. "

I signed a leasing company deal with a leasing company. Now, in light of the situation, I would like to reject it.

"It can be estimated, with cautious assessment, that the court will have a tendency to take a less stringent approach and allow the parties to have breached contracts due to the crisis facing the economy."

Is it legal to issue to the USSR without prior notice?

"Free leave does not constitute dismissal but a suspension of the employment contract, while the employer-employer relationship between the parties continues. Therefore, provisions regarding dismissal or related conditions in the employment agreement are irrelevant, and not a violation of the provisions of the law."

If my employee wants to resign after we get back to normal, will the days of the IAA be considered early notice?

"Given the circumstances, there is no definitive answer in this regard. Since during the early notice period the employee is not actually working, he will not be able to claim that the leave days should be considered free of charge as the prior notice. On the other hand, it can be argued that due to the special circumstances and the rationale underlying the notice law Early - whose purpose is to allow for a change in this period - is the basis for claiming that the days of the ISA can indeed be counted in the days of the early announcement. "

Is the employee's consent required to leave the US?

"Free leave is possible when there is mutual agreement. This means that even during an economic crisis, an employee cannot be forced to leave the USP against his will. But employees know that the alternative is layoffs, so they usually prefer this option. "

Attorney Danit Rimon, a partner in the commercial department at the Lipa Meir & Co. office, and Matan Menachem, a partner and head of labor law at the Yehuda Roh office, responded to the questions.

Source: israelhayom

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