Introduction:

"Hourly Employee" is an employee whose remuneration is paid on the basis of actual working hours or on the basis of an actual working day
An hourly employee is called a "paid worker", unlike a worker whose salary is paid on a fixed monthly basis called "paid employee"
Ignoring employee rights exposes the employer to claims, including in the case of work accidents



Employees of two hours / two days are entitled to all the rights granted to the employees by virtue of The protective laws, Collective agreements And extension orders. The main difference between the different types of employees is the calculation of financial rights and working conditions.

Payment of wages

  • Hourly hourly wage must be paid at the end of the half month of the month in which the employee was employed (unless he is subject to a collective agreement or contract of employment specified in another date).
  • If the employee was employed throughout the month and during the month payments were paid to him according to the stipulations of a collective agreement or a contract of employment, his wage shall be paid at the end of the month.
  • For more information, see מועד תשלום השכר.

Minimum wage

  • Every worker in Israel, including two hour / daily workers, is entitled to a minimum wage.
  • The minimum hourly wage is calculated according to the weekly minimum wage and daily workers according to the daily minimum wage.
  • See the updated values ​​for work hour and workday שכר מינימום.

Reward overtime

  • All work during the hours that pass the quota of hours inFull working day Or bFull work week Is set toThe overtime deal And by law, entitles the employee who performed it toגמול עבור שעות נוספות.
  • Daily and weekly calculations must be made And not monthly accounting.
Example
An hourly worker working 48 hours a week is entitled to overtime pay for an additional 6 hours Subject: weekly hours
) Even if he worked less than that monthData:שעות חודשיות(Full-time). }}
Example
An hourly worker who worked 10 hours on a particular day will be entitled to remuneration for the overtime worked on that day, even if he worked less than a weekly calculationSubject: weekly hours
Hours.}}
  • Reward for overtime is:
* Payment of 125% of the standard hourly wage (ie 25% of the normal salary) for the first two additional hours of workday.
* Payment of 150% (ie an addition of 50% of the normal salary) from the third hour onwards.

For further details, see גמול עבור שעות נוספות.

Remuneration for the transaction on the day of rest

  • Employees who are obliged to work onThe weekly rest day Or bHolidays, Are entitled to a wage increment of 50% for each working hour on that day.
  • In the event that an employee is obliged to work on the day of rest according to his religion, the employee is entitled in addition toגמול עבור העסקה במנוחה השבועית או בחג also toAn alternative day of rest.

For further details, see גמול עבור העסקה במנוחה השבועית או בחג.

Annual vacation

  • Every employee is entitled toחופשה שנתית Which is determined according to the seniority that he has accumulated in his place of work.
  • Days off - The number of vacation days to which an hourly employee is entitled depends on the seniority of the employee and on actual working days - 'How to calculate vacation days' .
  • Vacation pay - The wage for each day of vacation is equal to the average daily wage that the employee earned during the three full months preceding the leave (the wage in the three months preceding the 90th part). If in the quarter preceding the vacation there were incomplete months of work, calculate the quarter of the fullest work during the 12 months preceding the vacation (3 consecutive months during the last year, at the employee's choice, in which he worked maximum).
  • For more information, see חופשה שנתית לעובדים בשכר שעתי או יומי.

Holidays

  • A daily or hourly worker who completed 3 months of work in the workplace is entitled toFull payment for holidays Provided that he worked on the day preceding the holiday and the day after that, or was absent from work With the consent of the employer In the days before and after the holiday. The right to holiday pay does not depend on the extent of the employee's position.
  • An employee who is employed on fixed days of the week (but not on all days of the week) and the holiday falls on the day on which he is supposed to work, is entitled toדמי חגים Even if he was absent on the day before or on the day after the holiday, since the absences these days are considered absent with the consent of the employer (in light of the fact that they agreed in advance on fixed working days, and the worker was not supposed to work these days). To read a ruling on this matter See here.
Example
  • A housemaid is regularly employed on Wednesdays.
  • In 2016 (Yom Kippur), Yom Kippur falls on Wednesday, and the worker did not come to work.
  • The employer must pay her holiday pay, in the amount of her daily work except travel expenses.
  • The employer is not entitled to inform her that he spends her on leave on the same day and grants her vacation days from the amount of vacation days accrued to her credit.
  • Also if the employer wants the employee to arrive on Thursday instead of Wednesday, he must pay her a salary for the Thursday on which she works Additionally The holiday pay he had to pay for a Wednesday when she was out of work.
  • A member of a bereaved family entitled toהיעדרות מעבודה ביום הזיכרון לחללי מערכות ישראל ולחללי פעולות איבה וטרור, His absence on Memorial Day will not affect his entitlement to pay for יום העצמאות.

Holiday FeesHoliday Fees

  • The extension order stipulating the entitlement to holiday pay does not determine the amount of payment for holidays. The accepted interpretation is that the payment is a payment for a regular working day (for an hourly employee - an average number of hours per day according to the last year), without various supplements (such as travel, overtime, etc.).
  • For more information and the holiday lists that employees are entitled to pay, see דמי חגים.

Sick days and sick pay

  • ימי מחלה Are the days the worker can accumulate in which he is entitled to be absent from work due to illness.
  • דמי מחלה Are the wages paid to the employee, in accordance with the rules, for sick leave from which he is absent from work.

Accumulation of sick days

  • For employees of two hours / two days, the accumulation of sick days will be calculated as follows:
    • Where the working week is 6 days old: 25 / Number of actual working days in the same month X × 1.5
    • Where the working week is 5 days old: 21.66 / Number of actual working days in that month X {1.5}
  • For more information, see ימי מחלה.

Calculation of illness days deducted from the employee's accrued illness days and payment of sick pay

Sick paySick pay

Recuperation pay

Number of days of recovery according to seniority

Recuperation FeesRecuperation Fees

Calculation of recuperation pay for two hours

Recuperation feeRecuperation fee

  • For the latest amount of recuperation day and for further information, see דמי הבראה.

Notice of dismissal or resignation

  • When an employer wishes to dismiss an hourly worker, the employee is entitled toהודעה מוקדמת לפיטורים. The advance notice period is determined according to the seniority accumulated in the workplace:
    • An employee with seniority of up to one year will be entitled to an advance notice day in respect of each month of employment.
    • During his second year of employment, he will be entitled to a 14 day notice period, as well as an additional day for each two months of work in the year of his second employment.
    • In the third year of his work he will be entitled to 21 days, as well as an additional day for each two months of work in his third year of employment.
    • An employee with a seniority of 3 years or more is entitled to an advance notice of one month.
    • For more information, see הודעה מוקדמת לפיטורים.
  • These provisions also apply to the employee's resignation notice. For more information, see הודעה מוקדמת להתפטרות.

Severance Pay

  • Hourly employee / daily fired by the employer After working one year in a row Entitled toפיצויי פיטורים. The rate of severance pay is One month 's wages per year of work At the same employer or at the same place of work (note: bחוק פיצויי פיטורים It was determined that a paid worker is entitled to two weeks' wages for each year of work. In 1983, a regulation was enacted that changed the situation and since then employees have been working for two hours and are entitled to one month's wages for each year of work. The wage that will serve as the basis for compensation is the employee's last salary.
  • רכיבי השכר שיובאו בחשבון שכר עבודה לעניין חישוב פיצויי פיטורים הם: שכר יסוד, תוספת ותק, תוספת יוקר המחיה, תוספת משפחה, תוספת מחלקתית או מקצועית.
  • תוספת שכר שאינה קבועה, או תוספת המותנית בתנאי אינה נחשבת רכיב לפיצויי פיטורים, אלא אם סוכם אחרת בהסכם העבודה.
  • תשלומים בגין אחזקת רכב, אחזקת טלפון, שעות נוספות, דמי הבראה אינם חלק מרכיבי השכר לחישוב פיצויי פיטורים.
  • במקרה ששכרו של העובד מורכב מבסיס + עמלות יש לחשב את שכרו לצורך פיצויי פיטורים לפי שכר בסיס אחרון + ממוצע העמלות של 12 החודשים שקדמו לפיטורים.
  • In accordance with the ruling (see the section "Judgments" Continued), If the number of working hours of an hourly / daily employee changes from month to month, his salary for the purpose of severance pay must be calculated according to the average number of his office hours The entire period of his employment:
    • The determining salary of an hourly employee shall be calculated according to the total number of hours worked during the entire period of his employment divided by the number of months in which he was employed multiplied by his last hourly wage.
    • The determining salary of a daily worker shall be calculated according to the total number of days worked during the entire period of his employment divided by the number of months in which he was employed multiplied by his last daily salary.
  • An employee whose employer has retired each month the severance pay funds (or some of them) to pension insurance or severance pay funds may also be entitled to these monies in case of resignation.
  • In case of dismissal, the employee will be entitled to receive the monies accumulated in the fund.
    • If the funds accumulated in the fund include the full severance pay, the employee will not be entitled to receive additional compensation from the employer.
    • If the employer has provided monthly only part of severance pay, the employee will be entitled to receive the difference at the time of dismissal.
  • For further details and further details on how to calculate severance pay in various cases, see Portal חישוב פיצויי פיטורים.

Retirement insurance

  • Employees of two hours / two days are entitled, as a rule, salaried employeesretirement insurance.

For comprehensive information on this subject, see פנסיה וחיסכון ארוך טווח לשכירים.

Judgments

  • עובד יומי או שעתי, המועסק בימים קבועים, זכאי לדמי חגים גם אם נעדר ביום שלפני או אחרי החג
  • פיצויי הפיטורים לעובד שעתי אשר היקף שעות עבודתו משתנה, יחושבו לפי היקף המשרה הממוצע בכל תקופת העסקתו

Aid organizations

Employment and Employee RightsEmployment and Employee Rights

Government agencies

Employment and Employee RightsEmployment and Employee Rights

Legislation and procedures

  • To a list of employment laws and procedures