A foreign worker is entitled to the same work conditions that every salaried employee employed in Israel is entitled to by law.
- Among other things a foreign worker is entitled to minimum wage, annual vacation, sabbatical days, weekly rest days, transportation pay, annual convalescence payments, pension insurance, severance pay, and overtime pay.
- In addition to the work conditions the worker receives in the industry, the employer is also obligated to ensure that his workers have appropriate living conditions, health insurance and a signed employment contract.
- For information regarding the worker's right to weekly rest days and vacations (yearly vacations, holidays and sick days) see Health Insurance for Foreign Workers.
Who is Eligible
Employment conditions that an employer is required to provide
- A foreign worker must be paid his salary for the previous month by the 9th of the month, including the following components:
- Minimum Wage - A foreign worker is entitled to a salary that is at least the amount of Minimum Wage.
- Transportation Costs- In addition to a salary, the worker should be paid transportation costs for every day that he needs to commute to work.
- Convalescence Pay- An employee that completes one year of work is entitled to a once a year convalescence pay multiplied to the number of days according to the seniority accrued in his workplace:
- For the first year of work - 5 days
- For the second and third years of work - 6 days
- For the fourth-tenth years of work - 7 days
- The employer may pay the worker in cash.
- If the worker agrees, the employer may pay the worker his salary by depositing the payment into the worker's bank account where only the worker has rights and a power of attorney or by bank check, provided that the check can be redeemed by the end of the month for which the salary is paid.
- The employer may, with the employee's written consent and signature, pay up to 10% of the salary in food and beverages (except for alcoholic beverages) intended for consumption in the workplace.
- Salary payment that is not done according to the Population and Immigration Authority guidelines is considered a violation of the conditions by which a foreign worker can be employed and can lead to cancellation of the permit.
- The foreign worker may transfer his salary, after it is deposited in the bank as described, to his home country depending on his needs and discretion only.
- For additional information see "Foreign Worker Salary" on the Ministry of Labor, Social Affairs and Social Services website as well as in the #Laws and Regulations section below.
- The employer may deduct from the worker's salary, payments required by law, such as: income tax and national insurance payments, payment for appropriate housing and related conditions, payment for medical insurance and amounts owed to the employer based on the worker's debts to him, provided the worker gave his written consent to such deductions. The deductions shall not exceed 25% of the employee's salary. For additional information see Permitted Deductions from a Foreign Worker's Salary.
- The employer is not permitted to deduct fees paid to the authorities for the foreign worker's work permit. These fees are paid by the employer only.
- The employer is required to make sure that the worker has appropriate housing during his entire period of employment and for up to 7 days after the employment is over. For additional information see Appropriate Housing for Foreign Workers.
- The employer is required to make sure the worker has a valid health insurance plan, through a licensed insurance provider, during the worker's entire period of employment.
- The insurance policy must include the condition specified in the law. For additional information see Health Insurance Policy Conditions for Foreign Workers.
- The employer is required to give the worker a copy of his health insurance plan, written in a language that the worker understands. For additional information see Health Insurance for Foreign Workers.
- According to the extension order for pension insurance in all fields that came into effect in 2008, a foreign worker in Israel is entitled to have money paid toward his pension insurance and severance pay from his employer.
- The amounts put into the savings fund of foreign workers are identical to the amounts of the provision for the pension fund of Israeli employees.
- Since pension is a long-term savings, the provisions for foreign workers will be transferred to a non-pension fund that the employees will be able to redeem upon completion of their employment in Israel.
- For additional information see Pension Insurance for Foreign Workers.
- By law, foreign workers are also covered under National Insurance, and the employer is required to transfer payment to the National Insurance Institute for each foreign worker he employs.
- For additional information see:
Ending the Employment Relationship
- Advanced notification of dismissal: If an employer wants to fire a worker, he must give the worker advanced notice. The amount of time is determined by the worker's seniority in the place of work. A foreign worker's whose employer passed away is entitled to be paid for an advanced notice period (the amount is equal to what he would have been paid had he have been given advance notice and worked during that time). For additional information see advanced notice of dismissal.
- Severance Pay: A worker employed for more than one year in one place of work is entitled to severance pay at the rate of one month's salary for each year of employment. A worker whose work was terminated due to death or due to the bankruptcy of his employer is entitled to severance pay. For additional information see Severance Pay.
- Release of severance pay money that was deposited in the framework of pension insurance - as of 2008, an employer is required to set aside part of the severance pay every month as part of the employers' contributions to pension. The worker will be entitled to receive the money upon completion of his employment in Israel. In addition, the employer will have to pay the worker part of the compensation that he did not deposit for pension insurance. For further information, see Pension Insurance for Foreign Workers.
- Foreign Nursing Care Workers - For detailed information regarding the rights of foreign nursing care workers at the end of the employment relationship see:
- The employer of a foreign worker is obligated to sign a written employment contract with the worker, detailing all of the conditions of employment listed above.
- For additional information see Employment Contract for Foreign Workers.
- An employer who has not paid the worker a minimum wage, or who has deducted from the worker's salary beyond the permitted amounts, or who has not fulfilled his obligations as required by an employment contract (appropriate housing, medical insurance, delivery of the salary slip or advance notice of dismissal) violates the law and is subject to an administrative fine of 5,000 NIS for each violation.
- In cases of serious offenses, an indictment can be filed against the employer.
- A breach in the conditions listed in the employment contract regarding medical insurance, appropriate housing, or deduction from the employee's salary above the permissible amount, is punishable by imprisonment of one year or a fine of 104,400 NIS for each offense.
- If the worker has filed a complaint regarding the violation of one of his rights, his salary or work conditions should not be negatively effected, he can not be fired and his employment terms should not impaired. A fine of up to 52,000 NIS can be expected for any one of these offenses.
- A foreign nursing care worker employed by a nursing company that works for a patient that receives a Long-Term Care Benefit is entitled to get salary conditions from each of his employers (the nursing company and the patient) in a relative manner. The scope of the position that is assigned to the worker is determined by the number of hours of the nursing allowance that the patient is entitled to from the National Insurance Institute. The patient is responsible for the salary conditions for the remaining hours that make it a full-time position. For additional information see Joint employment of a foreign worker by a nursing agency and patient.
- When a worker is required to move from patient to patient during his work period, the transition time between the patients will be considered as a working period that entitles the worker to pay, provided that it is a short period that does not allow the worker to take care his personal affairs. For additional information, see: a foreign worker is entitled to payment for the time it takes to transfer from one patient to another, provided that it is a short period of time that does not allow the worker to take care of personal affairs.
- 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 Foreign Worker's Law, 1991
- The Foreign Worker's Regulations (Prohibition of illegal employment and guarantee of fair conditions) (appropriate housing)
- The Foreign Worker's Regulations (Amount deducted from the salary for appropriate housing), 2000
- The Population and Immigration Ministry Procedures No. 9.2.0002 -Procedure for dealing with a new request or a request for a renewal to employ a foreign nursing care worker - section c.1.f.5, c.1.f.6.
- The Population and Immigration Ministry Procedures No. 9.3.002 from 17.02.2015 - Conditions for obtaining a permit to employ foreign workers in the hotel industry - section 4.9.
- The Rights of Foreign Workers on the Ministry of Labor, Social Affairs and Social Services website
- Foreign Workers - Information for Employers and Workers on the Population and Immigration Authority website
- Information Regarding the Employment of Foreign Workers and Illegal Infiltrators on the Population and Immigration Authority website
- Rights of Migrant Workers in the Agriculture Sector, 2019 The Worker's Hotline
- Rights of Migrant Workers in the Nursing Field, 2019 The Worker's Hotline
- Original information on this page was written by the Jerusalem Municipality Welfare Department as part of a project to make elderly rights more acceptable, sponsored by Mashov.
- English translation and maintenance by The Shira Pransky Project.