Sentence
Labor and Employment Law
Working in a household?
Preserve your rights
Workers in the household - whether it is a person who works in cleaning, or whether it is his job to take care of children - are entitled to the same rights as any other worker in the household.
In this article, we have summarized the main rights that you must recognize and your right to demand in the context of your employment
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workers rights
Adv. Shlomo Jakubowicz, in collaboration with Zap Legal
Thursday, 11 November 2021, 10:21 Updated: 10:33
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Cleaner (Photo: ShutterStock)
Workers in the household are entitled to the same rights as any other worker in the economy, even if they work for the employer for a limited number of hours per week or for a limited number of days per month.
Whether it is a person who works in cleaning, or whether it is his job to take care of children or a nursing family member, it is always the employer's duty to take care of these rights.
If he does not take care of this, the employee can sue him in the labor court and receive compensation.
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To the full article
The following are the 13 main rights of workers in the household, which every worker must know:
1. Regulating working conditions through a written contract.
Working in a household? Insist on your right to demand that your terms of employment be regulated in a written and detailed contract. It is true that this is the duty of the employer, but many employers do not take care of it. For you, as employees, the lack of a written document can lead to many misunderstandings in the future. Both in the ongoing work with the employer and raising variable demands that were not agreed upon in advance, and in the event that the need arises to sue the employer for social rights, aggravation of working conditions and any other violation of your rights. The following 12 rights are, in fact, various clauses that the contract should include.
2. Breaks.
Like any other worker in the household who works more than six hours of work, household workers are also entitled to a 45-minute break, with at least half an hour of which must be continuous.
3. Health insurance.
Health insurance can literally save you in the event of an injury or work accident. It is important to know that the responsibility to take care of the insurance and pay for it rests with the employer! He is limited in his ability to deduct the cost of insurance from the salary of a household worker up to an amount of only NIS 125 per month.
4. Registration of working hours and documentation until the day the work is stopped.
It is highly recommended for an employee in the household to record the working hours each day accurately: start time, end time as well as the breaks. The accurate listing will prevent future arguments with the employer about your commitment to him and his own towards you. And more importantly - accurate documentation of working hours will help you protect your social rights and demand them in the event of dismissal or termination of employment, retirement, claiming Social Security injury benefits, and more.
5. Eligibility for additional payment for overtime.
Household workers are also entitled to overtime pay for each hour in excess of 8 working hours per day. For the first two additional hours you are entitled to a rate of 125 percent and every hour thereafter to a rate of 150 percent. Remember! Every hour of work beyond 8 hours should be paid at the higher rate. The employer can not "deduct" these hours from working hours on other days that are shorter.
6. Reimbursement of travel expenses.
Do not agree to a "global wage payment", which also includes reimbursement of expenses. After all, travel costs by public transport change all the time and the law explicitly states that you have the right to separate the payment for the work from the reimbursement of travel expenses. The reimbursement method depends on the summary you reach with the employer, and of course depends on the number of your working days with him. You can agree on a fixed monthly free rate (currently NIS 213 per month) or, alternatively, on a daily refund, with the maximum that can be demanded today being NIS 22.60 per day.
7. Annual vacation.
Like any other employee, domestic workers are also entitled by law to paid vacation days. The practice in which the employer gives the employee an annual supplement to his fixed salary, but requires him to continue to come to work regularly without going on actual leave, is unfair and illegal. Such additional payment, without actually going on leave, is allowed only if the employee is temporary.
8. Convalescence fees.
Every employee who has completed a full year of work is entitled to a payment of up to five days of convalescence, at a rate of 378 per day.
From the second year onwards, eligibility increases to six days of convalescence.
The calculation of actual eligibility depends, of course, on the scope of the job with the same employer, but in any case, convalescence allowance cannot be "waived".
They are part of the employer's duty towards an employee.
Adv. Shlomo Jakubowicz (Photo: PR)
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9. Holidays.
Every employee who has completed three months of work is entitled to nine holidays a year. That is, if one of the holidays falls on a regular work day, and the employer asks you to come on another day of the same week, he must pay for that day, and in addition also for the holiday on which you do not come to work. Employees who are asked (and agree) to work during the holiday are entitled to an additional payment that in some cases amounts to 250 percent of the fixed payment.
10. Sick days.
Household workers are entitled to sick pay like any other worker. That is, 50 percent of the salary for the second day of the illness, and 100 percent of the salary for each additional day. The employer may require to see a doctor's certificate as a condition of payment, so it is always important to take care of a medical certificate and maintain it.
11. Pension.
By law, every employee is entitled to provisions for a pension. The provision is the duty of the employer - he is obligated to bear its ownership and he is also obligated to ensure that the provision is actually made and transferred to the employee's pension fund. The minimum pension provision is 12.5 percent of the employee's salary - 6 percent for the compensation component and 6.5 percent for the provident component.
12. Severance pay.
Any employee who has completed a full first year of employment is entitled to compensation for dismissal or termination of employment related to the employer (e.g., an employer who has passed away). The amount of compensation is calculated according to the scope of the employee's job and the number of years he has worked for the employer. Therefore, it is very important already at the start of work to sign a contract, which indicates the date of start of work. Next, it is important to document the actual scope of work, according to which the amount of compensation will be determined.
13. Notice of termination of employment.
An employer who wishes to terminate the employment of the employee and an employee who so requests, both are obliged to give prior notice, at a date prescribed by law.
An employer who does not do so exposes himself to a compensation claim, and an employee who does not do so exposes himself to a loss of rights.
Shlomo Jakubowicz Law Office
specializes in labor law and the exercise of workers' rights
Phone
: 077-2306123
Article
courtesy of Zap Legal The
information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation for taking proceedings or avoiding proceedings.
Anyone who relies on the information in the article does so at his own risk
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