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| חשוב =  A fine is deducted from the deposit of a foreign worker who stays illegally in Israel for up to 6 months after his permit expires.  The fine is based on the length of his illegal stay
 
| חשוב =  A fine is deducted from the deposit of a foreign worker who stays illegally in Israel for up to 6 months after his permit expires.  The fine is based on the length of his illegal stay
 
| 2חשוב = A foreign worker that stays in Israel illegally for more than 6 months after his permit expires is not entitled to receive any of his deposit
 
| 2חשוב = A foreign worker that stays in Israel illegally for more than 6 months after his permit expires is not entitled to receive any of his deposit
| ממשל = For additional information see the [http://www.kav-lamaasik.co.il/pictures/files/doc03878220161227171116.pdf Population and Immigration Authority ruling no. 9.0.0003 from 01.08.2016]
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| ממשל = For additional information see the [https://www.kolzchut.org.il/w/he/images/8/88/%D7%A0%D7%95%D7%94%D7%9C_%D7%A4%D7%99%D7%A7%D7%93%D7%95%D7%9F_%D7%9C%D7%A2%D7%91%D7%93%D7%99%D7%9D_%D7%96%D7%A8%D7%99%D7%9D_-_%D7%9E%D7%94%D7%93%D7%95%D7%A8%D7%94_%D7%A9%D7%A0%D7%99%D7%94_6.2.19.pdf Population and Immigration Authority ruling no. 9.0.0003 from 06.02.2019]
 
}}
 
}}
 
}}
 
}}

Latest revision as of 10:36, 4 December 2019

Introduction:

Foreign workers in the construction industry, unique technology fields and through nursing companies are entitled to receive all of the funds deposited by their employer, if they leave Israel permanently when their residency permit expires
The deposit amount includes all of the money deposited plus the profits made on it and minus deductions for account management expenses and income tax of 15%
A fine is deducted from the deposit of a foreign worker who stays illegally in Israel for up to 6 months after his permit expires. The fine is based on the length of his illegal stay
A foreign worker that stays in Israel illegally for more than 6 months after his permit expires is not entitled to receive any of his deposit

Foreign workers in the construction industry, unique technology fields and through nursing companies who leave Israel permanently, are entitled to withdraw the funds deposited by their employer, including social benefits.

  • As of 01.02.2019, employers are also required to make monthly deposits for foreign workers employed in the hotel industry. The foreign workers are entitled to receive the deposited money when they permanently leave Israel but if they stay illegally, a fine may be deducted from their deposit, as detailed below.
  • A foreign worker that permanently leaves Israel at the time that is determined by his license, is entitled to receive the total amount deposited by his employer which includes the profits made on it and makes deductions for account management expenses and income tax of 15%
  • A fine is deducted from the deposit of a foreign worker who stays illegally in Israel for up to 6 months after his permit expires. The fine is based on the length of his illegal stay. A foreign worker that stays in Israel illegally for more than 6 months after his permit expires is not entitled to receive any of his deposit.
    • Deposit money that is not withdrawn by the foreign worker will be transferred to the Public Trustee after two years from when the worker's residence permit expired, and will be used to help with the welfare and health of foreign workers in Israel.

Target Audience and Prerequisites

  • Foreign workers whose employers deposited funds for them, as explained above, and who are employed in one of the following industries:
    • The construction industry.
    • Unique technology fields - Work performed based on a special permit granted to work in unique technology and machinery that does not exist in Israel, and which can only be conducted by a foreign entity.
    • The nursing field and those employed by nursing companies.
    • The hotel industry.

Who and how to contact

  • In order to receive the deposited funds, the foreign worker should fill out a deposit release request form and send it to the deposit unit at the Population and Immigration authority via email: pikdonot@sa.piba.gov.il.
  • The request should be submitted between 10-30 days before the worker is scheduled to leave the country.
  • The following should be attached to the request form:
    • Copy of the worker's passport/residence permit for an asylum seeker.
    • Copy of the worker's plane ticket.

Stages of the Process

  • After the request is examined and approved, a payment order will be issued to the worker (via the employer, by email or by fax as requested by the worker), and to the bank.
  • Upon leaving the country, and once the worker has passed the airport's border control, the worker must approach the bank's branch at the airport and present the payment order given to him to receive his deposit money.
  • The funds will be given to the worker in cash or by bank transfer to the bank account that is being held in his name abroad.
  • A worker who does not submit an application at the airport and has left the country permanently will be paid the deposit money by bank transfer to the bank account in his name abroad (if the deposits unit knows the details of his account), within 30 days from the day the unit became aware that the worker left Israel.

A foreign worker that leaves Israel after his residency permit expires

  • A foreign worker who leaves the country permanently after his visa expires, is entitled to receive the money from his deposit account, with a deduction of of the account management expenses and income tax of 15%. A fine will also be deducted from the deposit, the amount determined according to the length of his illegal stay in Israel.
  • The following chart shows the amount of the fine that will be deducted from the deposit money based on the number of months the worker stays illegally in Israel:
Number of months a foreign workers stays in Israel after his residency permit expires Fine amount in percentages
1-2 months 15%
2-3 months 25%
3-4 months 35%
4-5 months 50%
5-6 months 65%
over 6 months 100%
  • A foreign worker that stays in Israel for over 6 months after his residency permit expires is not entitled to receive any of his deposited money.

A foreign worker whose residency permit has not expired but who works in an industry that is not registered on his license

  • The fines deducted from the deposit, as detailed in the above table, also apply to a foreign worker whose residency permit in Israel has not yet ended, but the worker works for more than 90 days in an employment sector that is not registered in his license.

Releasing deposit funds of a foreign worker that passed away

  • The deposit money of a foreign worker who died before leaving Israel and who was entitled to the deposit money (including an employee who was fined staying illegally beyond the period permitted by his license) will be transferred to a person who proves to be his spouse.
  • If the worker does not have a spouse, the deposit money will be transferred to a person who proves to be his child.
  • If the worker does not have a child, the deposit money will be transferred to a person who proves to be his parent.
  • If the worker does not have a parent, the deposit money will be transferred to the person determined to be the heir of the worker.
  • In all of these cases, a request must be submitted to the Deposits Unit by email to Pikdonot@sa.piba.gov.il, and the following documents must be attached to the form:
    • If the applicant is contacting the unit through a proxy then a legally mandated power of attorney is required,
    • A photocopy of applicant's passport,
    • A photocopy of the identity card of the applicant in his country of origin,
    • A properly authenticated public certificate that links the passport number that the worker had in Israel and his ID number in his country of origin.
    • An authenticated public certificate proving the family connection (together with a notarized translation).
    • A marriage certificate (in the case of a couple).
    • Documents from the bank that contain the applicant's bank account details abroad.
  • A person whose request for deposit money has been rejected, may file an appeal, as detailed below.

Appeals

  • A foreign worker who has been taxed for staying without a permit may submit an application within 18 months from the end of his legal residence period, to reduce the period of delay in leaving Israel which is to his detriment and to reduce the fine.
    • The application should be sent to the Deposits Unit via email at Pikdonot@sa.piba.gov.il.
    • In the context of the application, the worker must convince the unit that he did not leave Israel until the end of the his permitted period in good faith, or due to an error or due to necessity.
    • If the manager of the deposits unit rejects the application, the worker may file an internal appeal within 21 days to the director of the Payments Section in the Service Administration for Employers and Foreign Workers.
    • If the internal appeal is also rejected, the employee may submit an administrative petition within 45 days to the Administrative Affairs Court in Jerusalem.
  • In the event of the death of the foreign worker and a request of the spouse or child or parent or heir to receive the deposit has been rejected, each of them may file an internal appeal within 21 days from the date of the decision.
    • The appeal will be submitted to the Department of Payments Section in the Service Administration for Employers and Foreign Workers.
    • If the internal appeal is also rejected, the person who submitted the appeal may file an administrative petition within 45 days to the Administrative Affairs Court in Jerusalem.

Deposit funds that are not withdrawn by the foreign worker

 *Deposited funds that are not withdrawn by the foreign worker after 2 years have passed since the worker's visa expired, will be transferred to the Public Trustee.

  • These funds will be used to benefit the welfare and health of foreign workers and to provide additional support services and treatment for foreign babies who do not have legal status in Israel.
  • Deposited funds that were not withdrawn by the foreign worker who left the country and did not receive them will be transferred to the Public Trustee 7 years after the worker left Israel.

Please Note

  • In addition to withdrawal of the deposited funds, at the end of the employment period, the worker is entitled to receive the other amounts of money that he was entitled to during the period that the employer did not deposit money such as:

Laws and Regulations

Credits