The day after the corona: What rights do workers returning from sick leave have? - Walla! Trial

2021-02-08T06:07:30.421Z

In a few weeks, maybe months, when the corona virus disappears from our lives, hundreds of thousands of workers who have been expelled from the IDF will return to work. What are their rights?

Trial
Labor and Employment Law

The day after the corona: What rights do workers returning from sick leave have?

In a few weeks, maybe months, when the corona virus disappears from our lives, hundreds of thousands of workers who have been expelled from the IDF will return to work. What are their rights?

What does Khalat mean in terms of the employment relationship between the parties?

Unpaid leave disconnects the relationship between the employee and the employer during the period during which the employee is in sick leave. During this period, the employee is not entitled to paid wages, nor to payment for vacation or sick days.

What happens to the rights of the employee in the Knesset? Do they continue to accumulate?

During the sick leave period, all the employee's rights dependent on seniority (vacation days, sick days, sick pay, pension provisions, etc.) do not continue to accrue. However, the rights are retained, and when the employee returns from sick leave, his rights continue from the day he was sick. The period of application will not count in the number of days for the accrual of rights.

The seniority-dependent rights, which continue to accrue in the sick leave, are those relating to severance pay. For the purpose of calculating the compensation, the employee will accrue 14 days from the sick leave period.

In addition, this period of application does not sever the continuum for the purpose of checking eligibility for compensation that depends on a period of employment of at least one year.

Does the pension provision continue to be set aside in the Knesset?

No.

During the sick leave period, the employer does not continue to set aside pension provisions for the employee, so an important recommendation for those who have been in the sick leave for more than three months is

to continue to set aside

pension provisions, even minimal ones, in order to maintain their pension rights.

Is it possible to fire an employee who is in the Knesset?

No, an employer who wishes to dismiss an employee during the strike must return the employee to work. Only after the employee returns to work, the employer may begin proceedings to terminate his employment, ie summoning the employee for a hearing and more. By law

, unfortunately, employers are unaware of the law and fire employees during their stay in the Knesset.

The same employers tell their employees that the unemployment benefits they receive from the Social Security are, as it were, a substitute for the advance notice, but in practice this is not the case, and the employer will be liable to pay this component, including exposure to unlawful dismissal.

Does the employer have to hold a hearing to take an employee out of the hospital?

No, in principle the employer does not have to hold a hearing to expel an employee. The only exception to this is a pregnant worker. In such a case, the employer must first obtain a permit from the Commissioner of Women's Act. Expenses of a pregnant woman without a permit constitute a criminal offense. .

Does the employee's consent be required to take him to the hospital?

Yes, sending an employee to a hospital must be done with consent. An employer cannot take an employee to a hospital if he does not agree to it.

If the employee refuses to go to work, the employer has the option of dismissing him from work.

I returned from the hospital and found that the employer wanted to change my working conditions. What can I do?

An employer who wishes to change the conditions of employment of an employee when he returns to unpaid leave (seeks to reduce wages, reduce working hours, to download or execute him as another fundamental change in his position) actually results in poorer conditions of work.

If it's a tangible deterioration in conditions of employment, the employee If the employer does not return to the status quo, the employee may resign from his job under dismissal, and be entitled to severance pay.

In summary

, some tips for employees leaving or returning from sick leave:

First, during this period Yours independently.

This is so that your pension rights are not violated.

"Second, if you have returned from sick leave, check your pay slips and make sure your social rights have not been violated. A.

Third, if you have noticed that your rights have been violated, or the employer is now seeking to terminate your employment, hurry to consult a skilled and experienced labor law attorney so that your rights are preserved.

* The author specializes in labor law and manages the Corona Forum and Labor Law on the ZAP Legal website.

Phone 077-9977542

.
Anyone who relies on the information in the article does so at his own risk

Share on Facebook
Share on WhatsApp
Share on general
Share on general
Share on Twitter
Share on Email

Source: walla

All news articles on 2021-02-08