A foreign nursing care worker that was employed for at least 7 days by a nursing care patient and wishes to resign must give advance notice in writing to the employer and private agency where he is registered.
- The foreign worker may not leave patient before the end of the advance notification period.
- The number of days the worker must notify in advance is determined based on the length of time the worker was employed by the patient, as detailed below.
Early Notification Periods
|Length of employment by the patient||Period of notification time|
|Between 7 days and 3 months||At least 7 days|
|Between 3-6 months||At least 14 days|
|Between 6 months to a year||At least 21 days|
|Over a year||At least one month|
Who is Eligible
- A long term care patient (or his representative) that employed a foreign worker as a caregiver for at least 7 days.
How to Claim It?
Informing the Foreign Worker of his Obligation to Give Advanced Notice
- Prior to his arrival in Israel, the foreign worker at the Israeli mission abroad will have to make a declaration stating that he is aware, among other things, of his duty to provide prior written notice before resigning from his nursing work.
- The private office is responsible for transferring the procedure of "giving notice in advance of resignation" translated into a language understood by the worker to the foreign worker.
- When the foreign worker is registered with a new employer, the private agency must declare (in the framework of the CEO's declaration) that the foreign worker is informed of his obligation to give advance notice.
Giving Advance Notice
- A foreign worker wishing to resign must give notice in advance based on the period specified above.
- The notice must be given in writing and include the date of the notification and the date on which the resignation takes effect.
- The worker must deliver the notice both to the private office where he is registered and to the nursing patient. If the nursing patient can not deal with his or her business as an employer, due to a physical or mental impairment, the worker must deliver the notice to the person who actually serves as his employer or representative on behalf of the patient.
- In addition, the employee is entitled to submit a copy of the notice to the Corporate and Private Offices Division at the Administration of the Employment and Employment of Foreign Workers in the Population and Immigration Authority, by email: email@example.com.
- Examples of a written resignation notice can be found in the appendix for the "Giving Advance Notice Before Resignation" guidelines in hebrew and english (the form is an example only and the worker is not required to use it).
Treatment by the Private Agency After Advance Notice is Received
- When a private agency receives notice from a foreign worker in advance of his resignation it shall immediately inform the patient (or his representative, if the patient can not handle his affairs as an employer).
- The private agency will act immediately to assist the patient in placing an alternative foreign worker in accordance with his / her needs.
Filing a Complaint for Failure to Give Advanced Notice
- A nursing patient, his representative, or a private agency who wish to file a complaint regarding the failure to give notice in advance by a foreign worker by the time set for this purpose (or for the delivery of the notice verbally only or for delivery only to the private agency), should send an email to to the Department of Corporations and Private Companies at: firstname.lastname@example.org together with all the details and documents relevant to the complaint (details of the foreign worker, details of the patient, details of the complainant and his contact information, description of the circumstances of the case and any other information relevant to the complaint).
- The Department of Corporations and Private Companies will investigate the complaint with the relevant authorities, including the patient or a representative on his behalf, and in addition to other things, examine whether the employment of the foreign worker by the complainant patient was duly recorded as well as the duration of the employment period.
- If it is found that the foreign worker has moved to another employer, without giving advance to his previous employer in accordance with the procedure, and that the circumstances of the matter are serious, the foreign worker will be invited to present his arguments as soon as possible.
- The hearing will be conducted in a language that is understood by the foreign worker (if necessary, through an interpreter) and will examine, among other things, special circumstances in for which he was not required to work during the advance notification period.
- The worker will be informed that the decision made following the hearing will be given to him through the private agency with which he is registered. In the absence of a relevant private agency, the worker will be requested to provide a postal address or an email or a fax number through which he requests written notification of the decision made in his case.
- After the foreign worker is given an opportunity to present his arguments regarding the complaint, a reasoned decision will be made.
- If the foreign worker is found to have left the patient without giving notice in advance of his resignation, in serious circumstances and in a manner that caused injury to the patient, the director of the Corporate Division and the Private Companies may decide to cancel the visa and residency permit granted to the foreign worker, and/or deny renewal of the residency permit for additional periods.
- The obligation to give advance notice, as detailed above, according to the Population and Immigration Authority's procedure, does not add or subtract from the provisions given in the Advance Notification Law before Firing and Resignation, 2001 and the Annual Vacation Law. Likewise, advance notification according to these procedures are also considered advance notification according to the Advance Notification Law.
- Exceptional cases: A foreign worker does not have to give notice in advance, if special circumstances exist, for which he is not required to work during the advance notice period (for example, if the employer abused the worker or did not pay his salary).
- Welfare Department - Jerusalem Municipality
- Worker's Hotline
- Hotline for Refugees and Migrants
- Physicians for Human Rights - Israel
Assistance in Employing Nursing Care Workers
- Internet hot line for those who employ foreign nursing care workers
- Elder care law services
- Yad Riva - Legal aid for senior citizens
- Reut and Eshel - Guidance services for senior citizens and their families who care for them.
- Kav Lamassik Information and Legal Advice for Foreign Workers.
- Ba-Bayit- Welfare and Aid for the Golden Age
- For a complete lists of organizations offering assistance and support to senior citizens
- For a comprehensive categorized listing of healthcare organizations offering assistance and support to people with disabilities click here.
- The Population and Immigration Authority
- The Foreign Workers' Employment Rights Ombudsman
- The National Insurance Institute
- The Interior Ministry
Laws and Regulations
- The Population and Immigration Authority Guidelines No. 9.2.0011 - advance notification before resigning
- Procedure for Giving Prior Notice Before Resignation
- English translation and maintenance by The Shira Pransky Project.