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*The employer is not entitled to make regarding these provisions contingent on anything in the employment agreement.
 
*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 [[#Court Ruling|below]].
 
*For further details, see the court ruling on this matter [[#Court Ruling|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 [https://www.gov.il/he/departments/Units//foreign-workers-rights-at-work Ombudsman for Foreign Workers' Rights]] or organizations assisting in the field (see the section on aid organizations [[#Aid Organizations|below]]).
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*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 [https://www.gov.il/he/departments/Units//foreign-workers-rights-at-work Ombudsman for Foreign Workers' Rights] or organizations assisting in the field (see the section on aid organizations [[#Aid Organizations|below]]).
 
==Who is Eligible==
 
==Who is Eligible==
 
*[[Rights of Foreign Workers|Foreign workers employed in Israel]].
 
*[[Rights of Foreign Workers|Foreign workers employed in Israel]].
 
==Compensation for a Worker Employed During his Weekly Rest Period==
 
==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.
 +
{{דוגמה|*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).}}
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*According to the [[:he:עובד זר בסיעוד שמנוחתו השבועית היתה קצרה מ-25 שעות, זכאי לתשלום עבור שעות המנוחה שלא ניצל|National Labor Court ruling]], a foreign nursing care worker who has a weekly rest period of less than 25 consecutive hours is entitled to compensation of 150% of his hourly salary for the hours he worked during his rest period (the difference between the hours he was off and 25).
 +
*The value of a work hour is calculated by dividing the basic gross monthly salary (before deductions) by 182 hours (as of April 2018).
 +
{{דוגמה| '''A foreign nursing care worker who had a weekly rest period of only 24 hours:'''
 +
*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.}}
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*It is deduced from this court ruling that '''a worker employed during his weekly rest period''' is entitled to payment for a work day at a value of 150% (318 NIS) plus an additional hour at 150% (43.68 NIS).  This makes the total payment for a worker that is employed during his weekly rest period 361.68 NIS, in addition to his monthly salary.
 +
*For more information see the [[:he:עובד זר בסיעוד שמנוחתו השבועית היתה קצרה מ-25 שעות, זכאי לתשלום עבור שעות המנוחה שלא ניצל|court ruling]].
  
 
== How to Claim It? == <!--תהליך מימוש הזכות-->
 
== How to Claim It? == <!--תהליך מימוש הזכות-->
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==Metadata==
 
==Metadata==
 
   
 
   
<!-- יש לכתוב תגיות כאן בתחתית
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<!-- יש לכתוב תגיות כאן בתחתית -->
 
[[קטגוריה:זכויות]]
 
[[קטגוריה:זכויות]]
 
[[Category:Rights]]
 
[[Category:Rights]]
  
 
[[he:מנוחה שבועית לעובד זר בסיעוד]]
 
[[he:מנוחה שבועית לעובד זר בסיעוד]]

Latest revision as of 16:32, 26 September 2019

Introduction:

A foreign nursing care worker that lives in the patient's home is entitled to a weekly rest period of 25 hours
The employer is required to clarify the weekly rest period to the worker verbally and in writing
A worker that works during his weekly rest period is entitled to be paid 150% of his regular salary
See a court ruling on this subject in the "court ruling" section below


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.
Example
  • 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).
  • According to the National Labor Court ruling, a foreign nursing care worker who has a weekly rest period of less than 25 consecutive hours is entitled to compensation of 150% of his hourly salary for the hours he worked during his rest period (the difference between the hours he was off and 25).
  • The value of a work hour is calculated by dividing the basic gross monthly salary (before deductions) by 182 hours (as of April 2018).
  • Example
    A foreign nursing care worker who had a weekly rest period of only 24 hours:
    • 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.
  • It is deduced from this court ruling that a worker employed during his weekly rest period is entitled to payment for a work day at a value of 150% (318 NIS) plus an additional hour at 150% (43.68 NIS). This makes the total payment for a worker that is employed during his weekly rest period 361.68 NIS, in addition to his monthly salary.
  • For more information see the court ruling.
  • 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.

    Aid Organizations

    Assistance in Employing Nursing Care Workers


    Government Agencies

    Court Rulings

    Laws and Regulations

    Additional Publications

    Credits

    English translation and maintenance by The Shira Pransky Project.