Caregiver's Rights Handbook Israel 2015 2 Know Your Rights
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KNOWKNOW YOURYOUR RIGHTSRIGHTS Caregiver's Rights Handbook Israel 2015 2 Know Your Rights KNOW YOUR RIGHTS AND SPREAD THE WORD JOIN US ON: #ourhands For domestic workers Go To: www.dwrights.org #OurHands KNOW YOUR KNOW YOUR RIGHTS RIGHTS AND SPREAD THE WORD Caregiver's Rights Handbook Israel 2015 JOIN US ON: #ourhands For domestic workers Go To: www.dwrights.org #OurHands Keeping Employment Records 4 Know Your Rights Keeping Employment Records It is important for every worker in Israel to keep all employment records. Keeping employment records can help in reducing labor disputes with the employer, and if necessary - provide evidence to support employment claims What should you keep? • The Placement Letter this document should be provided by your manpower agency, with the name, address, and telephone number of your employer. It proves that your assignment to the employer is approved by the Ministry of Interior (that it is "legal"), and you must always carry it with you, just like your passport. • Salary records If you receive part of your Monthly Salary from Bituach Leumi through an agency, the payment should be transferred to your own bank account. The "Bituach Agency" should supply you with a monthly Keeping Employment Records 5 Know Your Rights Payment Slip ("Tlush") and you should keep all these payment slips. Note that if the agency fails to provide you with such slips you should demand them –they are yours, not the employer's. • Resignation/Dismissal Notice If you make a decision to terminate the job, of your own will, then you should give WRITTEN Notice to the employer, and specify in that note the date of the last day of work. One copy should be given to the employer or the family, one copy to the manpower agency, and one copy – kept for your records. In case the employer initiates the termination of the job and notifies you – ask for a written dismissal notice, and keep it for your records. If your employer refuses to give you the letter, a recording (on your mobile phone) can also be helpful. • Medical Documents if you are sick and you cannot work, then you are eligible to receive payment for the sick days only if you have a medical document indicating rest. Keep all such medical documents (medical certificates, sick leave record, etc.). • Recording your employer According to Israeli law, a person may record a conversation and use it as evidence, so long as this person is a party to the conversation. When necessary, you can use your cell phone or computer and record by voice or video. • Employment records to be logged in this Booklet: • • Monthly Salary details for each month • Weekly Rest Days: Mark all weekly Rest days in which you took vacation, including the number of hours. If you received any payment in exchange for using your weekly rest day – write the payment sum. • Holidays Agree with your employer in the beginning of each year about Keeping Employment Records 6 Know Your Rights the dates of the 9 holidays for the year, and write them down in advance. For each holiday, note whether you actually took vacation or received payment for working during the holiday. • Annual Vacation & Recuperation if you receive vacation days, record the details (dates and hours). At the end of each working year, when you receive payment for Recuperation and Annual Vacation – write down the amounts. Extra Hours in the hospital if your employer is hospitalized and you stay in the hospital for more than 8 hours a day, make sure to log in your full schedule for all days. • Special Details keep records (dates and amounts) for special events such as loans, presents, sick days etc. Also keep records of any inappropriate behavior of the employer or other family member, times when you are asked to work for other family members, and cases of abuse of any kind. Remember: If you are abused in any way, you have the right to leave the job (with appropriate notice). But if you choose to stay in the job – keep records. • • • • Note: Your employment records have added value if your employer signs on them (e.g. if your employer signs on your Resignation Notice). Nonetheless, even without such signatures, employment records written down by yourself are extremely valuable and can help support your claims. 7 Know Your Rights Workers' Rights for Caregivers Workers' Rights for Caregivers (04/2015) Minimum Wage 4,650 NIS for a full-time job (186 hours per month); 186 NIS per day, 25 NIS per hour. The weekly allowance is part of the monthly salary. Employers who pay at least the minimum wage, are allowed to deduct from the worker’s salary who sleeps at their house the amounts that are fixed in the regulations for medical insurance, national insurance, accommodation and other expanses. Payment Time Salary must be paid no later than the 9th of the month, for the previous month. Overtime Caregivers who live outside the employer’s house (LIVE-OUT), or work with their employer outside of his/her house (i.e. in the hospital/rehabilitation), and work more than 8 hours per day, are entitled to overtime payment. 8 Know Your Rights Workers' Rights for Caregivers The minimum payment for overtime: for the first 2 hours – 31.25 NIS per hour, every hour beyond the first 2 hours – 37.50 NIS Weekly rest day According to the law, Every worker is entitled for 36 continuous hours off work per week, which includes a rest day according to your religion. Annual Vacation Every worker has to right to go on paid annual vacation. The length of the vacation: 2 weeks vacation of paid vacation a year (not including the weekly rest day) for the first 4 years (12 working days). The number of annual leave days rises gradually up to 4 weeks starting from the 13th year of employment. If you go on vacation your employer should pay you your regular salary, as long as it’s not below the minimum wage. You are allowed to accumulate unused vacation days up to 3 years. Your employer has to let you use the accumulated vacation days. A worker whose employer refuses to let him/her use his/her vacation days can resign with eligibility for full severance pay. Payment for vacation days doest not exempt the employer from letting you to actually go on vacation. You do not need to find a replacement and shouldn’t pay for the reliever during your annual vacation! Holidays You are entitled to receive a day off for 9 religious holidays per year according to your country/religion, as long as the holidays don’t fall on your weekly rest day. length of a holiday according to the law is 36 hours (the same as the weekly rest day). 9 Know Your Rights Recuperation Pay Workers' Rights for Caregivers After one full year of work you should get 5 days recuperation pay (378 NIS per day); during the second and third year - 6 days; from the fourth until the tenth year - 7 days. The number of recuperation days rise gradually up to a maximum of 10 days from the 20th year of employment. Sick pay Your employer must pay your salary if you don’t work because you are ill when you give him a doctor’s note, for the accumulated sick days. The first sick day is without pay; the second and third sick days – you should receive 50% of your daily salary; from the fourth sick day and onwards - 100% of your daily salary. The sick days are counted from the day you start working: 1.5 days for each month you worked (18 days per year), up to a maximum of 90 sick days in total. Severance/ separation pay After one year of work you should be paid severance (Pitzuim) if you are fired or if you finish your work because: your employer died, or transferred to a nursing home; your visa is not renewed; your work conditions got worse e.g. non-payment of wages or of social rights; medical condition which prevents you from continue working; you want to take care of your newborn etc. The severance pay is calculated according to one monthly minimum salary (4,650 NIS) or your salary including allowance – whichever is higher, Payment: Number of years X 4,650 (including any part of a year’s work). If you get part of your salary from an agency, you are entitled to severance pay (and pension) from your agency, for their part of your salary when you stop working with them if you worked with them for more than 6 months. 10 Know Your Rights Workers' Rights for Caregivers Prior Notice Regulation of the Ministry of Interior A caregiver who works for more than 7 days MUST give prior notice in writing to both the agency (where he/she is registered) and to the employer, specifying the notice delivery date and the last day of work. The notice period must be: for work period between 7 days to 3 months – 7 days, from 3 to 6 months – 14 days, from 6 to 12 months – 21 days, over one year - one month notice. Always keep a copy of the notice letter for yourself. Notice – Prior to termination According to the labor laws you / your employer must give a written notice before terminating the job. The notice period depends on the period of work. • Payment In case you / the employer failed to give a notice, you / the employer must pay compensation. amounting to the regular salary of the notice period you were entitled to.