(עדכון תבנית:תקציר לפורמט חדש)
Cheryl Burnat (talk | contribs)
 
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{{תקציר |תוכן=
 
{{תקציר |תוכן=
 
{{דגשים  
 
{{דגשים  
| איסור = It is prohibited to change the position or salary of a pregnant employee without a [[:he:בקשה להיתר לפיטורים או פגיעה בהיקף משרה לפי חוק עבודת נשים|special permit from the Ministry of Industry, Trade and Labor]]
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| איסור = An employee may not negatively change a pregnant woman's salary or work scope because of of her pregnancy, this applies to all stages of pregnancy and is not contingent on how long she has worked in that work place
| מידע = The prohibition applies to an employee who has worked for the same employer at the same workplace for at least 6 months.
+
| 2איסור = If the woman has worked for at least 6 months for the same employer or at the same work place, a pregnant woman's salary or work scope may not be negatively changed for any reason unless permission is given by the [[:he:בקשה להיתר לפיטורים או פגיעה בהיקף משרה לפי חוק עבודת נשים|Ministry of Labor]]
| חשוב  = If this prohibition is violated, a [[:he:פנייה ליחידת האכיפה של חוקי העבודה במשרד התמ"ת|complaint may be filed]] against the employer with the Ministry of Industry, Trade and Labor's Enforcement Unit
+
| חשוב  = If this prohibition is violated, a [[:he:פנייה ליחידת האכיפה של חוקי העבודה במשרד התמ"ת|complaint may be filed]] against the employer with the Ministry of Labor's Enforcement Unit
 
<!--| פיצוי = An employer who has violated this prohibition without a proper permit from the Ministry of Industry, Trade and Labor may be fined-->
 
<!--| פיצוי = An employer who has violated this prohibition without a proper permit from the Ministry of Industry, Trade and Labor may be fined-->
 
| חשוב2 = Nonetheless, it is permitted to change the position or salary of a pregnant employee in specific cases as detailed below  
 
| חשוב2 = Nonetheless, it is permitted to change the position or salary of a pregnant employee in specific cases as detailed below  
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| [[Work Restrictions for Pregnant Women]]
 
| [[Work Restrictions for Pregnant Women]]
 
| [[:he:בקשה להיתר לפיטורים או פגיעה בהיקף משרה לפי חוק עבודת נשים|Request for a permit to fire or change a pregnant employee's salary according to the Employment of Women Law]]
 
| [[:he:בקשה להיתר לפיטורים או פגיעה בהיקף משרה לפי חוק עבודת נשים|Request for a permit to fire or change a pregnant employee's salary according to the Employment of Women Law]]
| [[:he:זכויות נשים עובדות|Working women]]
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| [[:he:זכויות נשים עובדות|Rights of Working Women]]
 
}}
 
}}
 
{{עצם העניין/סיום}}
 
{{עצם העניין/סיום}}
 
+
Any negative change in the position or salary of a pregnant employee (including someone who has worked less than 6 months) '''due to her pregnancy''' constitutes illegal discrimination according to the [[:he:חוק שוויון ההזדמנויות בעבודה|Equal Opportunity in the Workplace Law]], and therefore an employee is prohibited from negatively changing a pregnant woman's salary or work scope because of of her pregnancy, this applies to all stages of pregnancy and is not contingent on how long she has worked in that work place.
 
+
*If the woman has worked for at least 6 months for the same employer or at the same work place, a pregnant woman's salary or work scope may not be negatively changed for any reason unless permission is given by the [[:he:בקשה להיתר לפיטורים או פגיעה בהיקף משרה לפי חוק עבודת נשים|Ministry of Labor]].
The position or salary of a pregnant employee who has worked for the same employer or at the same place of employment for at least 6 months may not be changed without a permit from the Ministry of Industry, Trade and Labor.  
+
*'''An employer wishing to change the position or salary of such an employee must [[:he:בקשה להיתר לפיטורים או פגיעה בהיקף משרה לפי חוק עבודת נשים|request a special permit from the Ministry of Industry, Trade and Labor]]. The minister will only give the special permit if he/she has been convinced that the requested change is not related to the employee's pregnancy.'''
*'''An employer wishing to change the position or salary of such an employee must [[:he:בקשה להיתר לפיטורים או פגיעה בהיקף משרה לפי חוק עבודת נשים|request a special permit from the Ministry of Industry, Trade and Labor]]. The minister will only give the special permit if he/she has been convinced that the requested change is not related to the employee being pregnant.
 
 
* Nonetheless, in the following cases, an employer is permitted to change the position or salary of a pregnant employee:
 
* Nonetheless, in the following cases, an employer is permitted to change the position or salary of a pregnant employee:
 
# If the employee requested to reduce her workload due to medical reasons related to the pregnancy.
 
# If the employee requested to reduce her workload due to medical reasons related to the pregnancy.
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# If the salary is productivity-based and the employee's productivity decreased due to reasons that are not dependent on the employer.
 
# If the salary is productivity-based and the employee's productivity decreased due to reasons that are not dependent on the employer.
 
== Who is Eligible? == <!--מי זכאי-->
 
== Who is Eligible? == <!--מי זכאי-->
*All working women '''who have worked for the same employer or at the same place of employment for at least 6 months'''.  
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*All working women who have worked for the same employer or at the same place of employment for at least 6 months.  
  
 
== How to Claim It? == <!--תהליך מימוש הזכות-->
 
== How to Claim It? == <!--תהליך מימוש הזכות-->
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* If this prohibition is violated, a [[:he:פנייה ליחידת האכיפה של חוקי העבודה במשרד התמ"ת|complaint may be filed]] against the employer with the Ministry of Industry, Trade and Labor's Enforcement Unit.
 
* If this prohibition is violated, a [[:he:פנייה ליחידת האכיפה של חוקי העבודה במשרד התמ"ת|complaint may be filed]] against the employer with the Ministry of Industry, Trade and Labor's Enforcement Unit.
 
* If the employer changed the employee's salary without a proper permit, the employee may sue the employer for compensatory damages equal to the lost salary. In order to do so, a claim must be filed with a [[:he:בית הדין לעבודה|regional labor court]].
 
* If the employer changed the employee's salary without a proper permit, the employee may sue the employer for compensatory damages equal to the lost salary. In order to do so, a claim must be filed with a [[:he:בית הדין לעבודה|regional labor court]].
 +
*A pregnant employee who worked less than 6 months for the employer or place of work and has her salary or position negatively changed may sue for damages based on the Equal Rights in the Work Place law.  The employee is must prove that she was fired for no reason and the employer must prove she wasn't fire because of her pregnancy.  For additional information see [[Prohibition of Discrimination Against a Pregnant Employee]].
 
<!--== Please Note ==--> <!--חשוב לדעת--><!--== Court Rulings ==--> <!--פסקי דין-->
 
<!--== Please Note ==--> <!--חשוב לדעת--><!--== Court Rulings ==--> <!--פסקי דין-->
 
== Aid Organizations == <!--ארגוני סיוע-->
 
== Aid Organizations == <!--ארגוני סיוע-->
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== Credits == <!--מקורות-->
 
== Credits == <!--מקורות-->
* Original information provided by Adv. Sigal Ronen-Katz.
 
 
* {{קרדיט/פרויקט שירה פרנסקי}}
 
* {{קרדיט/פרויקט שירה פרנסקי}}
  

Latest revision as of 20:19, 26 July 2020

Introduction:

An employee may not negatively change a pregnant woman's salary or work scope because of of her pregnancy, this applies to all stages of pregnancy and is not contingent on how long she has worked in that work place
If the woman has worked for at least 6 months for the same employer or at the same work place, a pregnant woman's salary or work scope may not be negatively changed for any reason unless permission is given by the Ministry of Labor
If this prohibition is violated, a complaint may be filed against the employer with the Ministry of Labor's Enforcement Unit
Nonetheless, it is permitted to change the position or salary of a pregnant employee in specific cases as detailed below
For more information, see section 9a of the Womens' Employment Law


Any negative change in the position or salary of a pregnant employee (including someone who has worked less than 6 months) due to her pregnancy constitutes illegal discrimination according to the Equal Opportunity in the Workplace Law, and therefore an employee is prohibited from negatively changing a pregnant woman's salary or work scope because of of her pregnancy, this applies to all stages of pregnancy and is not contingent on how long she has worked in that work place.

  • If the woman has worked for at least 6 months for the same employer or at the same work place, a pregnant woman's salary or work scope may not be negatively changed for any reason unless permission is given by the Ministry of Labor.
  • An employer wishing to change the position or salary of such an employee must request a special permit from the Ministry of Industry, Trade and Labor. The minister will only give the special permit if he/she has been convinced that the requested change is not related to the employee's pregnancy.
  • Nonetheless, in the following cases, an employer is permitted to change the position or salary of a pregnant employee:
  1. If the employee requested to reduce her workload due to medical reasons related to the pregnancy.
  2. If a change in salary was undertaken as the result of a collective agreement.
  3. If the salary is productivity-based and the employee's productivity decreased due to reasons that are not dependent on the employer.

Who is Eligible?

  • All working women who have worked for the same employer or at the same place of employment for at least 6 months.

How to Claim It?

  • The right should be granted automatically.
  • If this prohibition is violated, a complaint may be filed against the employer with the Ministry of Industry, Trade and Labor's Enforcement Unit.
  • If the employer changed the employee's salary without a proper permit, the employee may sue the employer for compensatory damages equal to the lost salary. In order to do so, a claim must be filed with a regional labor court.
  • A pregnant employee who worked less than 6 months for the employer or place of work and has her salary or position negatively changed may sue for damages based on the Equal Rights in the Work Place law. The employee is must prove that she was fired for no reason and the employer must prove she wasn't fire because of her pregnancy. For additional information see Prohibition of Discrimination Against a Pregnant Employee.

Aid Organizations

  • Click here for a comprehensive listing of organizations that provide assistance for issues related to employment and workers' rights, specifically those listed under "ארגוני סיוע לנשים".

Government Agencies

Laws and Regulations

Credits