Foreign nursing care workers that live in their patients' homes, are entitled to a weekly rest period of 25 hours.
- The weekly rest period includes one of the days: Friday, Saturday, or Sunday, as is customary for the worker as his weekly day of rest.
- The employer must make it clear to the nursing care worker living in the patient's home that he is entitled to a rest period of 25 consecutive hours - written in the employment agreement, and said verbally.
- The employer must specify in advance that during the rest period the worker may, at his discretion, stay at the patient's home or leave.
- Before the rest period, it must be emphasized to the foreign nursing care worker that during his break he is exempt from any work and commitment to the patient, and that the employer or person on his behalf is not entitled to demand anything from him, even if the worker chooses to stay in the patient's home during his rest period.
- The employer is not entitled to make regarding these provisions contingent on anything in the employment agreement.
- For further details, see the court ruling on this matter below.
- It is recommended that prior to the beginning of employment, the foreign worker and his employer consult for the purpose of prior written consent regarding the worker's working and rest hours and the compensation due to him for work during rest hours. Consultations may be directed to the Ombudsman for Foreign Workers' Rights or organizations assisting in the field (see the section on aid organizations below).
Who is Eligible
Compensation for a Worker Employed During his Weekly Rest Period
- In special cases where it is required to employ a foreign worker during his weekly rest period, the employer must pay the worker 150% of his regular salary for the work done during the weekly rest period, meaning that the employer must pay one additional day's work at 150%, in addition to the worker's regular salary.
- It is possible that in addition to the increased daily wage, the worker will also be entitled to payment for overtime hours, at a value of 150% of his hourly wage, as detailed later in this paragraph.
Calculating the Additional Salary for a Worker Employed During his Weekly Rest Period
- The value of a work day is calculated by dividing the monthly salary (of at least minimum wage) by 25 work days. The value of a work day should be multiplied by 150% and paid in the addition to the worker's regular salary.
- The monthly salary of a worker is 5300 NIS (before the permitted legal deductions for health insurance and housing costs).
- A work day is valued (the monthly salary divided by 25) at 212 NIS.
- A work day multiplied by 150% is 318 NIS.
- The worker is entitled to an additional 318 NIS on top of his salary, totaling 5,618 NIS (before the legally permitted deductions).
- The worker's monthly salary is 5300 NIS (before deductions).
- The value of a regular work hour (the monthly salary divided by 182) is 29.12 NIS.
- The value of a work hour during the weekly rest period (regular wage multiplied by 150%) is 43.68 NIS.
- If the worker rested for a period of only 24 hours (instead of 25), he is entitled to compensation of 43.68 NIS for the hour, in addition to his monthly salary.
How to Claim It?
- These rights should be given automatically by the employer.
- In event that there is a violation of the worker's rights, a claim can be filed to the labor court. For an explanation on how to submit the claim see the Justice Ministry website.
- 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
- Foreign nursing care workers that live with their patients are entitled to a weekly rest period of 25 hours
Laws and Regulations
- The Foreign Workers Law
- Regulations of Employment Services (Payments from Work Applicants for Employment Brokerage) - 2006
- Foreign Workers Order (Prohibition of Illegal Employment and Insurance of Fair Conditions) (Basket of Health Services for Employees)
- Regulations of the Employment Service (Submission of Information to a Foreign Worker in connection with Employment Brokerage), 2006
- The Minimum Wage Law
- 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
English translation and maintenance by The Shira Pransky Project.