Labor Law

The office represents employees and employers in the field of labor law. Employee rights can be divided into two parts, as follows:

The first part is defined as the employee's rights under their employment contract. In this regard, it must first be examined whether the worker is considered an “employee” within the meaning of the law and case law. Within this question, it must be examined whether the person is a “temporary employee”, a “fixed-term employee”, an “external contractor”, a “manpower contractor”, an “independent worker (freelancer)” and the like.

Once the employment framework is clear, it must be examined what rights the employee has within the employment and whether these rights were granted to the employee. The issues examined here include basic wages, overtime pay, annual leave, unpaid leave, sabbatical leave, travel expenses, sick pay, recuperation pay, pension fund, study fund (keren hishtalmut), delayed payment of wages and more.

The period of employment may raise additional issues for discussion, such as: challenging a tender selection process, the fate of the contractual engagement upon a change of employers, “custom” as a term of the employment contract, interpretation and completion of the employment contract, the managerial prerogative of the workplace manager, and more.

The second part is defined as the employee's rights upon and after termination of the employment relationship. In this context, the circumstances surrounding the termination of the employment relationship are examined. The first question to ask is “Why did the employment relationship end?”.

Did the employment relationship end at the employee's initiative or at the employer's initiative? What is the significance of this distinction, and what are its implications for the rights and obligations of the employee and of the employer?.

The issues examined here include dismissal versus resignation, the right to advance notice, material deterioration in working conditions, severance pay, dismissal/resignation due to age, childbirth, reserve duty, health condition, relocation of residence and the like.

In employment matters, it is important to remember that a solution cannot always be found through the Labor Court, especially when the employee and the employer share common interests. Our office represents employees and employers in labor disputes, and also conducts mediation sessions to resolve the dispute to the satisfaction of the parties.