Dismissal and resignation
- The law in Israel sets forth that an employee who worked for more than 7 days should give early resignation notice based on the period of his employment by that employer: from 7 days until the end of 3 months – 7 notice days, from the fourth month until the end of 6 months – 14 days, from the seventh month until the end of one work year – 21 days, after one year – one month notice. It is recommended to provide written advance notice prior to resignation.
According to the law, employees who have been employed for more than one year are entitled for severance pay in case of dismissal by the employer (including in case of a deceased employer, or his transfer to a nursing institution). Furthermore, the employer should provide dismissal notice one month in advance.
A case of a deceased employer is considered by law as dismissal, and therefore the employee is also entitled for an early notice fee and severance pay also in case of a deceased employer, granted that he was employed by him for more than one year.
Work and rest hours
According to the law, employment of a foreign nursing worker can be only at form of a 24 hours position, including lodging at the house of the nursed person. Any employment which does not include lodging at the employer’s house is illegal.
A foreign nursing worker is entitled for overtime payment only in cases were the employer is hospitalized in a hospital or a temporary nursing framework (rehabilitation) and requires accompaniment in this institution for more than 8 hours a day. Within the framework of 8 hours hours a day, the employee will be entitled for payment of his regular fee, yet beyond these hours, the employee will be entitled for overtime payment. Overtime payment: 32.42 NIS for additional 2 hours beyond 8 hours. 38.91 NIS beyond 2 additional hours and onwards. ** Overtime is calculated solely according to the number of hours for that day (offsetting work hours in other days is prohibited)
Geographical regions procedure
According to the procedure, an employee belonging to Region 2 can work only in Region 2 or transfer to Region 3 (periphery). An employee belonging to Region 1 can work in any geographical region, meaning also in Region 2 and 3. An employee belonging to Region 3 may work only at this region. ** It is important to note that in case an employer decides to transfer to another geographical region, he may return to the previous geographical region after the end of employment, i.e. any employee who permanently belongs to a geographical region, also in case of changing his employment region during his stay in Israel.
In case an employee was registered for an employer while the later was living in Region 3, after the end of his work for that employer, the employee still belongs to Region 3, even in case employment ended after relocating to another geographical region, meaning that permit for employment in another geographical region will be granted only for that specific employer, rather than also for future employers.
51 months procedure
An employer can submit a request for obtaining a work permit for an employee staying more than 51 months in Israel via a humanitarian committee, yet as a rule, submission terms are cases of employees who have been staying in Israel for less than 7 years (84 months).
In case the request has already been submitted, and written approval was received from the document submission committee, in no case should additional special visa request be submitted for that employer. I have been working in Israel for 9 years and my employer passed away. The family is interested in me continuing to care for his wife. Will I be able to continue working and receive a visa? It is possible to continue caring for the employer’s spouse in case of existing employment permit and if the spouses lived at the same residence.
According to the law, vacation days can be redeemed for money only after the end of employment, meaning that in case an employee is still working for an employer and has accrued vacation days, he should use these days or accrue them until the end of the next two years. Nevertheless, in case the employee requests to use his annual vacation days, the employer should allow him to take a vacation at a date agreed upon between both parties.
According to the law, an employer is entitled to obligate an employee to use 7 vacation days per year from the total number of annual vacation days to which the employee is entitled, even when the employee is not interested in taking such vacation.
Payment for holidays is not paid retroactively at the end of the year, but at the same month at which the employee worked during a holiday, and therefore is entitled to receive compensation due to overtime, yet only in case he was required by the employer to work that day and not take a holiday vacation. At the beginning of every work year, it is recommended to coordinate with the employer which 9 holiday days the employee is interested in using from the list of holidays published by the embassy. In case the employer cannot allow vacation at a selected day, he should ask and coordinate with the employee in advance work on that day. The employee will be entitled to additional payment in this case only.
In case the wages paid to the employee are lower than minimal wages after wage increase, the employer must raise the employee’s salary at least to minimal wages after deductions. In case the wages are higher than minimal wages, the employer is not obligated to raise his salary accordingly.